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Rule 901-5-01 | Definitions.
As used in rules 901-5-01 to 901-5-16 of the
Administrative Code: (A) "Agricultural society" or
"society" means a county agricultural society or an independent
agricultural society which is organized and operates under the laws of the
state of Ohio. (B) "Department" means the Ohio department of
agriculture. (C) "Director of agriculture" means director of the
Ohio department of agriculture. (D) "District"
means the area supporting an independent agricultural society as set forth in
the constitution of the society.
Last updated September 14, 2023 at 10:48 AM
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Rule 901-5-03 | Requirements for membership certificates.
(A) Each society shall: (1) Issue each membership
certificate in the name of the individual who paid the required annual
membership fee and presents proof of identification as described in division
(A)(1) of section 3505.18 of the Revised Code. (2) Permit only those
persons who paid the required annual membership fee, whose signatures appear
upon their membership certificates, and present proof of identification as
described division (A)(1) of section 3505.18 of the Revised Code
to: (a) Vote at the annual election of directors of the society;
and (b) Hold any office of the society. (3) Issue no membership
certificate to any entity other than a natural person. (4) Vote to approve the
dates, times, and locations where memberships may be purchased. (5) Post in the annual
premium book and/or on the fair's website the dates, times, and locations
where memberships may be purchased as approved by the board. (6) Verify the purchaser has met the
membership requirements upon transfer of the membership
certificate. (B) Membership certificates issued by
each agricultural society shall bear: (1) The dates (day and
year) the membership begins and terminates; (2) The name of the
society; (3) A space for the
signature of the purchaser of said membership; and (4) Consecutive numbering
as required by section 1711.01 of the Revised Code.
Last updated May 2, 2022 at 9:22 AM
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Rule 901-5-04 | Declaration of candidacy for society directors.
(A) Each candidate for the office of
director of a society shall declare his candidacy by filing with the secretary
of the society, a petition signed by ten or more members of the agricultural
society, at least seven days before the annual election of directors is held.
The petition submitted shall state the specific seat for which the candidate is
seeking to be elected. Any member who fails to file a petition that includes
the specific seat is ineligible for election as a director. (B) The secretary of each society
shall: (1) Announce the filing
requirements for the office of director and information as to how these may be
fulfilled: (a) Conspicuously in the annual premium list; and (b) In at least one newspaper of general circulation in the
county or district concerned, or on the society's website, no earlier than
six weeks and no later than three weeks before the annual election of
directors. (2) Furnish blank
petitions to any member of the society who requests such petitions at any
reasonable time. (3) Maintain and post a
current list of the society's members in a public place, the
society's website, or make a current list available for inspection, at any
reasonable time, upon request of any resident of the county or district
concerned. (4) Determine the
adequacy of the nominating petition filed by a candidate before ordering the
name of said candidate to be printed on the ballot, including a determination
that at least ten signatories are members of the society.
Last updated May 2, 2022 at 9:22 AM
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Rule 901-5-05 | Terms of office for society directors and officers and conduct of election.
(A) Each society shall annually, and not
later than the fifteenth day of November, elect as near as mathematically
possible, one third of its directors. The directors shall serve a three year
term, not to expire later than the thirtieth day of November. (B) Any society may: (1) Specify in its
constitution the number of consecutive terms any person may serve as a member
of the board of directors; and (2) Provide in its
constitution or by-laws for honorary directors with no voting
power. (C) The president of each society shall
appoint three judges and two clerks. The election judges and clerks shall
remain impartial and avoid any conflicts of interest while conducting and
declaring the results of the election of directors. The election judges and
clerks may be county board of election officials, or members of the society.
The election judges and clerks shall not be candidates for election. Candidates
may witness the count either personally or by proxy. (D) Each society shall: (1) Keep polls open not
less than four hours between six a.m. and nine p.m. on the day of the
elections; and (2) State the times polls
open and close in each notice of the election which is published or mailed in
compliance with section 1711.07 of the Revised Code. (E) The secretary of each society shall
supply the membership roll of the society to the election judges. (F) The election judges
shall: (1) Verify the right of
each member to vote before they issue ballots, including verifying the
voter's identity; and (2) Permit no member of a
society to vote by proxy or by absentee ballot. (G) The election clerks
shall: (1) Register the name of
each person who votes; (2) Tally the count on
poll books and tally sheets supplied by the department; (3) Place one copy of said poll book and
tally sheet on file with the secretary of the society; and (4) Mail or submit electronically one
copy to the department within ten days after said election. (H) A majority of the board of directors
or any group of twenty-five citizens of legal voting age in a county or
district may petition the department to supervise the annual election of
directors of the society in said county or district. Each group shall: (1) State the reasons for
such request in their petition; (2) Include the address
of each person who signed the petition; and (3) File their petition
with the director of agriculture at least fourteen days before the
election. (I) Upon receipt of a petition, or upon
receipt of other information which indicates that such action may be desirable,
the director of agriculture may: (1) Make such
investigation as the director of agriculture deems necessary and proper;
and (2) Assign one or more
representatives of the department to supervise the election of a
society. (J) If an election results in a tie vote,
the election shall be resolved as follows: (1) In the case of a tie
vote on a referendum for a constitutional amendment, provision, by-law or other
issue, the referendum shall be deemed defeated. (2) In the case of a tie
vote in an election for a director, the winner shall be determined by a flip of
a coin.
Last updated May 2, 2022 at 9:23 AM
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Rule 901-5-06 | Reorganization meeting.
(A) On or about the thirtieth day of
November following the society's annual election of directors, each
societies' board of directors shall hold a reorganization meeting at which
the oath of office shall be administered to all newly elected directors and the
officers of the society shall be elected. (B) Each society shall secure a notary
public, judge, or mayor to administer the following oath (or affirmation) of
office and to induct newly elected directors into office: "I do solemnly swear (or affirm) that I will
support the Constitution of the United States, the Constitution of the State of
Ohio, laws of Ohio and regulations of the department of agriculture of Ohio
pertaining to agricultural societies, and to the best of my ability perform the
duties of the director of the _____________ Agricultural Society, so help me
God." (C) If any member of a board of directors
of a society misses three consecutive regular meetings, the board
may: (1) Declare the position
vacant; and (2) Name a successor to
serve until the next annual election of director, at which time a director
shall be elected to serve the unexpired term of said position.
Last updated May 2, 2022 at 9:23 AM
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Rule 901-5-07 | Reporting society finances and hearing procedures for withholding funds by the department.
(A) Each agricultural society shall file
a financial report, in accordance with section 117.38 of the Revised Code, and
forward the report to the department include in the report to the director of
agriculture, as required by section 1711.06 of the Revised Code, on forms
provided by the director of agriculture, and following accounting rules
entitled "Financial Reporting and Accounting; County Agricultural
Societies and Independent Agricultural Societies" promulgated by the
auditor of state pursuant to section 117.20 of the Revised Code and adopted by
the director of agriculture: (1) A summary of the
receipts and expenditures of the society during the period covered by the
report; (2) Demonstration of
compliance with the publishing requirements found in section 1711.05 of the
Revised Code; (3) A report of junior fair
exhibits; (4) A report of the horse racing program,
if any, at the fair; and (5) A report of the colt stake races, if
any, at the fair. (B) Each agricultural society shall
submit a copy of the annual premium list for the fair held by the society
during the period covered by the report required by section 1711.06 of the
Revised Code, with or prior to submission of the report. (C) A majority of the board of directors
of each agricultural society shall approve, and the secretary or
secretary-treasurer of each agricultural society shall sign and swear to the
accuracy of the report of the society, before the report is submitted to the
director of agriculture. (D) Each agricultural society shall make
the society's books, accounts, reports, etc., available for inspection by
the director of agriculture or authorized designee. (E) If the director of agriculture
determines that an agricultural society has violated any law or rule
administered by the department, the director of agriculture may refuse to issue
a certificate to the board of county commissioners or the county auditor, or an
order to the auditor of state, authorizing the payment of county or state funds
to the agricultural society. (1) If the director of
agriculture finds that the certificate or order for county or state funds
should be withheld, the director may, prior to a hearing conducted in
accordance with Chapter 119. of the Revised Code, order that the violating
agricultural society rectify the society's violation in a manner and time
specified in the order. If the society rectifies the society's violation
to the satisfaction of the director of agriculture within the time set, the
director of agriculture may then issue a certificate or order for the payment
of county or state funds. (2) If the director of
agriculture believes the certificate or order for one or more years should not
be issued, the director of agriculture shall hold a hearing for such
agricultural society in accordance with Chapter 119. of the Revised Code. The
director of agriculture's letter notifying the agricultural society of
such a hearing shall state in which year the violation occurred and for which
or how many years refusal to issue is contemplated. (3) Following a hearing
conducted in accordance with Chapter 119. of the Revised Code, the director of
agriculture may: (a) Order the agricultural society to rectify the society's
violation in a manner and time specified in the order. If the society rectifies
the society's violation to the satisfaction of the director of
agriculture, the director of agriculture may then issue a certificate or order
for the payment of county or state funds; or (b) Refuse to issue certificates or orders for payment of county
or state funds for as many years as the director of agriculture deems
appropriate. The director of agriculture shall specify in the director of
agriculture's order the year for which the director of agriculture will
refuse to issue such certificates or orders. If more than one year is
specified, the director of agriculture may at any time modify the director of
agriculture's order so that the order does not include later
years. (F) Any citizen may file a sworn
complaint with the director of agriculture concerning any agricultural society
which operates in the county or district in which the citizen resides. Such
complaint shall state: (1) Facts which
constitute a violation on the part of the agricultural society of a law or rule
administered by the department; and (2) The law or rule which
the society allegedly violated. (G) If the director of agriculture
receives a citizen's complaint, and if the complaint appears to be
well-founded, the director of agriculture may conduct an investigation to
establish the validity of the complaint. The director of agriculture may hold
an informal hearing, and specify the rules under which each such informal
hearing is conducted, to allow the complainant to present evidence that the
violation the complainant alleges did occur. If the facts found in the
complaint do not constitute a violation on the part of the agricultural society
of a law or rule administered by the department, the director of agriculture
may forward the complaint to an authority with jurisdiction over the
matter.
Last updated May 2, 2022 at 9:23 AM
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Rule 901-5-08 | Society constitution.
(A) No society may amend the
society's constitution or by-laws unless a majority of the membership
which votes at the annual election of the board of directors or at the annual
meeting of the membership of the society, whichever is specified in the
constitution of the society, approves the proposed amendment. (B) Amendments to the constitution or
by-laws may be proposed by: (1) A majority of the
board of directors at a scheduled meeting voting in favor of placing an
amendment on the ballot; or (2) A petition filed with
the secretary of the society at least fourteen days prior to the annual
election of the board of directors or to the annual meeting of the membership
of the society, whichever is specified in the constitution of the society. Any
such petition shall: (a) Set forth the proposed amendment; and (b) Bear the signatures and addresses of not less than
twenty-five members of the society. (C) The directors of a society
shall: (1) Submit any properly
proposed amendment to the membership of the society: (a) At either the annual election or the annual meeting of the
membership of the society, whichever is specified in the constitution of the
society; and (b) In such a manner that the members may vote on each amendment
separately. (2) Publish notice of
each such amendment and instructions on how to obtain a copy of the proposed
amendment in at least one newspaper of general circulation in the county or
district concerned, on the society's website, and/or via mail or
electronic mail not less than three and not more than ten days before the
election or annual meeting at which the amendment will be voted
upon. (D) Each society shall file with the
department a copy of the society's constitution and by-laws. Said copies
shall be certified to be true and correct by the president and secretary of the
society. (E) Each society shall file a certified
copy of each change in the society's constitution and by-laws with the
department within sixty days following the date on which the amendment is
effective.
Last updated May 2, 2022 at 9:23 AM
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Rule 901-5-09 | Payments to directors and officers of the society.
(A) If the constitution of the society
permits such payments, any society may pay each director of the society, other
than a non-voting director, an amount not exceeding forty dollars plus
reimbursement on a per mile basis from the director's residence to the
meeting place of the board of directors and return for attending up to twelve
meetings of said board, each calendar year. The reimbursement per mile shall
not exceed the amount set forth in rule 126-1-02 of the Administrative
Code. (B) The board of directors of a society
may pay the actual expenses of any director, and any duly authorized
representative of the board, who attends the annual state convention of
agricultural societies, the annual meeting required by section 1711.06 of the
Revised Code, and any other event which is designated by the board, if the
board: (1) Determines that
attendance by the director or authorized representative at the meeting or other
event is directly beneficial to the society; and (2) Records such
determination and authority for such payment in the minutes of any regular or
special meeting of the board. (C) Any agricultural society
may: (1) During the week of
its fair, purchase meals for directors and officers of the society, and for
other individuals designated by the board of directors at a regular meeting of
the board; and (2) Compensate such
directors, and officers, for meals purchased by the directors and
officers. (D) The treasurer, secretary, and fair
manager may be members of the board of directors of a society. The board of
directors may compensate such board members for their services, in addition to
the compensation permitted by paragraphs (A), (B) and (C) of this rule, if the
society's constitution permits such compensation. (E) No society shall employ and
compensate any member of the board of directors, other than the treasurer,
secretary, or fair manager, of the society for services other than those
specified in paragraphs (A), (B) and (C) of this rule, unless: (1) The constitution of
the society provides for such employment and compensation; and (2) The minutes of a
regular or special meeting of the board of directors record authorization for
such employment. (F) No society shall pay any funds or
deliver any property of the society to, or for the individual benefit of, any
member of the board of directors, or any other person as a share, gift, or
dividend. The terms "share," "gift," and
"dividend" as used in this rule do not mean awards which are
advertised in the annual premium list of a fair held by a society.
Last updated May 2, 2022 at 9:23 AM
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Rule 901-5-10 | Authorized representative to the annual meeting with the director.
Each society is required to send an authorized
representative to the annual meeting with the director of agriculture, as
required by section 1711.06 of the Revised Code, to receive official
recognition for the society.
Last updated May 2, 2022 at 9:24 AM
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Rule 901-5-11 | Approval of fair dates by the director.
(A) Each society shall submit to the
director of agriculture, on or before the tenth day of November of each year, a
request for approval of the dates on which the society desires to hold the
society's next annual fair. The director of agriculture shall base
approval or disapproval of each such request upon: (1) Records of dates on
which the society has held previous annual fairs; (2) Competition with any
fair in any adjoining county for exhibitors or patrons which might arise
because of changes from such dates of previous fairs; and (3) Any other pertinent
information which is supplied by societies or is otherwise available to the
director of agriculture. (B) Fair dates considered for approval
under paragraph (A) of this rule shall be the opening date of either scheduled
activities or the operation of midway, whichever occurs first, to the closing
date of either scheduled activities or operation of the midway, whichever
occurs last. (C) A society may submit to the director
of agriculture dates in which the society desires to hold the society's
annual fair up to four years in advance. However, the director of agriculture
shall only approve fair dates on an annual basis, approving each society's
request for approval of the dates on which the society desires to hold the
society's next annual fair. Should a society wish to submit future
requests for the director of agriculture's future consideration, each
request must be submitted individually. (D) No preview dates shall be approved by the director of
agriculture.
Last updated May 2, 2022 at 9:24 AM
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Rule 901-5-13 | Health requirements for animals exhibited on fair grounds.
(A) Each society shall: (1) Have at the
society's annual fair, and at any other livestock exhibition which is
sponsored by or is under the control of the society, an official veterinarian
who has been approved by the director of agriculture for such
service; (2) Submit to the
director of agriculture for consideration, the name and address of the
veterinarian whom the society proposes to appoint, not less than twenty days
before the opening of the fair; (3) Certify the
appointment of an approved veterinarian to the director of agriculture not less
than ten days before the opening day of the fair; and (4) Through the official
veterinarian enforce the laws of Ohio and the regulations of the department of
agriculture which pertain to livestock exhibited at county and independent
fairs. (B) Each official veterinarian
shall: (1) Enforce the laws of
Ohio and the regulations of the department according to the recommendations of
the division of animal health of the department; (2) Inspect the
livestock, and any required health certificates for evidence of any contagious
or infectious disease; (3) Carry out any
recommendation of the division of animal health to protect the health of the
livestock exhibited at the fair; (4) Report to the
division of animal health any refusal or failure on the part of any exhibitor
or of the society to observe or comply with any law or regulation governing the
movement or exhibition of livestock; (5) At the close of the
fair, make any official report required by the department.
Last updated May 2, 2022 at 9:24 AM
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Rule 901-5-15 | Prohibition on use of society facilities of employees to promote candidacy of directors.
(A) No person shall use society funds,
facilities, or employees: (1) To promote the
candidacy of any member who seeks election or re-election to the board of
directors of the society; or (2) To influence the
votes of members upon any amendment to the constitution or by-laws of the
society which is submitted as provided in rule 901-5-08 of the Administrative
Code. (B) No person employed by a society shall
engage in any of the activities specified in this rule.
Last updated September 14, 2023 at 10:48 AM
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Rule 901-5-16 | Junior fair premiums.
(A) "Junior fair premiums" as
used in the forms for the annual reports of agricultural societies
means: (1) Money paid by a
society as awards to individual members or groups of members, of junior
organizations for which the society provides awards in the society's
annual premium list; (2) Money expended by a
society for ribbons, banners, medals, achievement pins, trophies, or
merchandise awarded to such members; and (3) Money expended by a
society for trips awarded to junior organization members, or to leaders of such
junior organizations. (B) To qualify for receipt of any subsidy
provided by the General Assembly of Ohio for junior fair premiums a society
shall: (1) Have awarded premiums
as defined in paragraph (A) of this rule; (2) Prior to December
first of the year in which such fair was held: (a) Submit to the director of agriculture a statement of the
classes for which premiums were awarded to members of junior organizations, the
amount of premiums actually paid in each class, and the amounts paid for other
expenses made necessary by junior organization activities sponsored by the
society; and (b) Certify to the director of agriculture the total amount paid
by the society for premiums for members of junior organizations.
Last updated May 2, 2022 at 9:24 AM
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