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Ohio Laws and Rules
(A) The AFC shall meet on the first Monday of each month as required at the Ohio department of agriculture (ODA) headquarters, 8995 East Main Street, Reynoldsburg, Ohio, and shall at such meetings:
(1) Make recommendations to the director about financial assistance applications made pursuant to the family farm loan program (FFLP); and
(2) Advise the director in the administration of the FFLP.
(B) A quorum of five members of the AFC must be present for any such meeting to be called to order and to conduct any business related to the FFLP.
(C) Prior to each meeting of the AFC for purposes of paragraph (A) of this rule, the director shall prepare an agenda for the AFC to follow at the meeting. The agenda shall at a minimum list the applicant’s name and ODA loan application number for each loan application scheduled for review by the AFC at the meeting. All completed loan applications received by the director up to seven working days prior to any meeting of the AFC convened pursuant to paragraph (A) of this rule shall be placed upon the agenda for that meeting. Completed loan applications shall appear on each agenda in the order in which they were received and docketed by the ODA.
(D) The director shall organize all documents and items related to each loan application package sent to the director by the Ohio department of development (DOD) into one contiguous and complete file unit. Each file unit shall contain, but not be limited to, at least the following information, items and documents:
(1) Applicant’s request for guarantee application, form no. ODA RFGA 1;
(2) Applicant’s family farm loan guarantee program projects summary, form no. ODA PPS1;
(3) All other forms, documents and items forwarded to the director by DOD, including all forms, documents and items submitted to DOD by the participating lending institution;
(4) All application-related documents produced by the director; and
(5) Any other information deemed pertinent to the loan application by the director.
(E) At least seven working days prior to any meeting of the AFC for purposes of paragraph (A) of this rule, the director shall provide to each member of the AFC a copy of the complete file unit for each loan application listed on the agenda for that meeting. The director may summarize in standard and consistent form lengthy documents and financial forms contained in each complete file unit for initial provision of file information to the AFC. In all cases, however, the complete file unit for each loan application appearing on an AFC agenda shall be physically available to the AFC during any meeting based upon that agenda.
(F) During any meeting of the AFC for purposes of paragraph (A) of this rule, the AFC shall consider, discuss, and make recommendations upon each loan application placed on the meeting agenda. As a basis for its final recommendation for or against a loan application, the AFC shall use information contained in the complete file unit for the application, as such file unit was transmitted to the AFC by the director.
(G) Prior to or at any meeting of the AFC held pursuant to paragraph (A) of this rule, the director may provide to members of the AFC any pertinent information relating to any loan application on the meeting agenda and received by the director after distribution of an application’s complete file unit under paragraph (D) of this rule.
(H) The AFC shall review each loan application file for each application placed upon the agenda for any meeting held pursuant to paragraph (A) of this rule and, by a majority vote of members present at such a meeting, shall vote “yes” or “no” to the following question posed for each application: “shall the agricultural financing commission recommend this loan application to the director of agriculture for participation in the family farm loan program?”
(I) Following each meeting of the AFC conducted pursuant to paragraph (A) of this rule, the chairperson of the AFC shall complete ODA form AFC LR1, “family farm loan program recommendations to director of agriculture,” for each loan application appearing on the agenda at such meeting.
(J) Following each meeting of the AFC conducted pursuant to paragraph (A) of this rule, the chairperson of the AFC shall return each complete file unit for each loan application placed upon the agenda for the meeting to the director. A completed ODA form AFC LR1 shall be affixed to the front cover of each returned file unit.
(K) If for any reason the AFC is unable to act upon a loan application placed upon the agenda for a meeting conducted pursuant to paragraph (A) of this rule, the chairperson of the AFC shall prepare and affix to the cover of that loan application’s file unit a brief explanation of, or reason for, the AFC’s inability to take action upon that application during the meeting. The complete file unit for the loan application, along with a completed ODA form AFC LR1, shall then be returned to the director.
(L) For each file unit returned pursuant to paragraph (K) of this rule, the director shall take all reasonable action required to conform the file unit to the needs of the AFC and to insure action on the file by the AFC. The director shall then place the application upon the agenda for the next AFC meeting scheduled under paragraph (A) of this rule and following the meeting at which the AFC was unable to take action upon, or to make a recommendation upon, the loan application. Thereafter, the AFC will act upon the loan application and return the loan application to the director pursuant to paragraph (J) of this rule.
HISTORY: Eff 8-7-98
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 901.82(A)(8)
Rule amplifies: RC 901.63, 901.82
R.C. 119.032 REVIEW DATE: 07-29-2003