(A) In carrying out the requirements of
division (B) of section 1346.05 of the Revised Code to determine whether a
certification is current and accurate or to update the directory to correct
mistakes or otherwise keep the directory in conformity with section 1346.05 of
the Revised Code, the attorney general may consider the following:
(1) Whether the entity
submitting a certification is a tobacco product manufacturer;
(2) Completeness, or lack
thereof, of the certification made by a tobacco product manufacturer including
whether the tobacco manufacturer has provided all requested documents
supporting its certification;
(3) Whether the tobacco
product manufacturer has corrected deficiencies in its certification in a
timely and thorough manner;
(4) Whether a
certification is based on misrepresentation, false information, nondisclosure,
or concealment of facts;
(5) Whether the tobacco
product manufacturer is in full compliance with all provisions of local, state,
and federal law, including, but not limited to, the provisions of section
5743.21 and section 2927.02 of the Revised Code;
(6) Whether the tobacco
product manufacturer, predecessor of the tobacco product manufacturer, or
previous manufacturer of the brand family is the subject of an injunction
obtained by the state of Ohio for previous failure to comply with sections
1346.01 to 1346.10 of the Revised Code;
(7) For a
nonparticipating manufacturer, whether the manufacturer has failed to establish
or fully fund a qualified escrow fund governed by a qualified escrow agreement
approved by the attorney general;
(8) Whether all final
judgments and penalties, including interest, costs and attorney fees, in favor
of the state of Ohio, for violation of any Ohio statute, administrative rule or
other law, including but not limited to violations of sections 1346.01 to
1346.10 of the Revised Code, have been fully satisfied for the brand family or
tobacco product manufacturer;
(9) Whether the tobacco product
manufacturer is owned, either all or in part, by a person or entity with a
current or prior interest in any other tobacco product manufacturer that is, or
has been, not in compliance with sections 1346.01 to 1346.10 of the Revised
Code or is the subject of an injunction obtained by the state of Ohio for
failure to comply with sections 1346.01 to 1346.10 of the Revised
Code;
(10) Whether the tobacco product
manufacturer is managed or operated by a person with a current or prior
interest in any other tobacco product manufacturer that is, or has been, not in
compliance with sections 1346.01 to 1346.10 of the Revised Code or is the
subject of an injunction obtained by the state of Ohio for failure to comply
with sections 1346.01 to 1346.10 of the Revised Code; and
(11) Whether the tobacco product
manufacturer has complied in a timely and thorough manner with any request by
the attorney general for other information or documentation pursuant to
divisions 1346.01 to 1346.10 of the Revised Code.
(B) The attorney general shall promptly notify a tobacco
product manufacturer in writing if the manufacturer's certification has
been verified as compliant with section 1346.05 of the Revised Code. The notice
shall include each brand family that the attorney general determines will be
included in the directory.
(C) The attorney general shall reject the
certification of a tobacco product manufacturer if the attorney general
determines that the tobacco product manufacturer or the brand family that is
the subject of the certification does not meet the requirements of sections
1346.01 to 1346.10 of the Revised Code.
(D) In the manner provided in division
(B)(2) of section 1346.05 of the Revised Code, the attorney general shall
remove a tobacco product manufacturer or brand family from the directory
if:
(1) The tobacco product
manufacturer requests to remove the brand family from the directory or
indicates on its annual certification that the brand family is no longer being
sold in the state; or
(2) The attorney general
determines that the tobacco product manufacturer or the brand family is no
longer in compliance with sections 1346.01 to 1346.10 of the Revised
Code.
(E) If, on or after the effective date of
these rules, the attorney general intends to deny a tobacco product
manufacturer or brand family a place in the directory, to remove a manufacturer
or brand family from the directory, or to exclude an entity because the entity
is not a tobacco product manufacturer, the attorney general shall send a
written "Notice of Intended Action" to the manufacturer or entity.
The "Notice of Intended Action" shall specify:
(1) The factual and
legal basis upon which the attorney general's intended action
rests;
(2) The actions that the
tobacco product manufacturer or entity must take to cure the factual or legal
deficiencies, if any, upon which the intended action is based;
and,
(3) The date upon which
attempts to cure the deficiencies, if any, must be completed and documentation
of completion submitted to the attorney general. In no event shall the attorney
general allow the tobacco product manufacturer or entity less than seven days
within which to cure the deficiencies, if any, upon which the attorney
general's intended action is based.
(F) If the deficiencies specified in a
"Notice of Intended Action" are cured to the satisfaction of the
attorney general, the attorney general shall notify the tobacco product
manufacturer in writing that the manufacturer or brand family will be included
in the directory in accordance with division (B) of section 1346.05 of the
Revised Code.
(G) If any of the deficiencies specified
in a "Notice of Intended Action" are not cured to the satisfaction of
the attorney general, the attorney general shall deny the manufacturer, brand
family, or entity a place in the directory or take action in accordance with
division (B) of section 1346.05 of the Revised Code removing the manufacturer,
brand family, or entity from the directory.
(H) The attorney general may, for any
reason and at the attorney general's discretion, extend any time period
established by this chapter.
(I) When this chapter requires the
attorney general to provide a written notice, the notice may be sent by email,
regular mail, facsimile, or other commonly used method of communication. The
attorney general shall use the contact information provided by the intended
recipient in its most recent certification or other communication in which it
provided contact information.
