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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Ohio Administrative Code Search

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Rule 122:24-1-08 | Small business enterprise.

...(A) In order for a business entity to qualify as a small business enterprise either its assets cannot exceed fifty million dollars or its annual sales cannot exceed ten million dollars. These calculations are to be made at the time of each qualifying investment and are to be calculated based upon generally accepted accounting principles. (B) In order for a business entity to qualify as a smal...

Rule 122:24-1-09 | Verification of small business investment certificates.

...(A) Annually on a date determined by the director and again upon the completion of the holding period for a qualifying investment that was given an investOhio transaction ID, the eligible investor shall supply to the director evidence of its continued ownership interest in the small business enterprise that was a party to the qualifying investment. (B) Annually on a date determined by the director an...

Rule 122:24-1-09 | Verification of small business investment certificates.

...(A) Annually on a date determined by the director and again upon the completion of the holding period for a qualifying investment that was given an investOhio transaction ID, the eligible investor will supply to the director evidence of its continued ownership interest in the small business enterprise that was a party to the qualifying investment. (B) Annually on a date determined by the dire...

Rule 122:24-1-10 | Disqualification of small business investment certificates.

...(A) A disqualification of a small business investment certificate may occur at several points in the procedure: (1) During the process of applying for a small business investment certificate that is set forth in rule 122:24-1-04 of the Administrative Code, as such disqualification is further outlined in paragraph (B) of this rule; or (2) During the validation of the application for a small b...

Rule 122:24-1-10 | Disqualification of small business investment certificates.

...(A) A disqualification of a small business investment certificate may occur at several points in the procedure: (1) During the process of applying for a small business investment certificate that is set forth in rule 122:24-1-04 of the Administrative Code, as such disqualification is further outlined in paragraph (B) of this rule; or (2) During the validation of the application for a small b...

Rule 122:24-1-11 | Maintenance of records.

...(A) Both eligible investors and small business enterprises shall be required to maintain records necessary to prove that they meet the various requirements of section 122.86 of the Revised Code. The burden of proof shall rest with the eligible investor and the small business enterprise and compliance with the suggestions below does not shift the burden of proof to the state, the director, or the tax commissioner. ...

Rule 122:24-1-11 | Maintenance of records.

...(A) Both eligible investors and small business enterprises are required to maintain records necessary to prove that they meet the various requirements of section 122.86 of the Revised Code. The burden of proof rests with the eligible investor and the small business enterprise and compliance with the suggestions below does not shift the burden of proof to the state, the director, or the tax commiss...

Rule 122:24-1-12 | Signature; Trade Secrets; Redactions.

...(A) The registration, validation of the investment of money, and validation of the allowed expenditures submitted by a eligible investor or small business enterprise pursuant to the rules set forth in Chapter 122:24-1 of the Administrative Code shall include an attestation that the document has been completed by an authorized representative of the entity required to complete the document or form that the information ...

Rule 122:24-1-12 | Signature.

...(A) The registration, validation of the investment of money, and validation of the allowed expenditures submitted by a eligible investor or small business enterprise pursuant to the rules set forth in Chapter 122:24-1 of the Administrative Code will include an attestation that the document has been completed by an authorized representative of the entity required to complete the document or form th...

Rule 122:28-1-01 | Definitions.

...As used in rules 122:28-1-02 to 122:28-1-05 of the Administrative Code: (A) "Authority" means the tax credit authority. (B) "Capital lease" and "operating lease" are to be construed in accordance with generally accepted accounting principles, and a capital lease is included in the capital investment project as defined in section 122.175 of the Revised Code. (C) "Director" means the direct...

Rule 122:28-1-04 | Remedies.

...In the matter of divisions (G) and (J) of section 122.175 of the Revised Code: (A) Grantees are to satisfy the statutory minimums. If grantees fail to timely meet the statutory minimums, the authority may terminate the data center tax exemption agreement and grantor will not issue tax exemption certificates to the original grantee or any supplemental grantee. The authority may also have the grantee...

Rule 122:28-1-05 | Fees.

...In the matter of division (K) of section 122.175 of the Revised Code: (A) At the time each original grantee enters into the data center tax exemption agreement, the original grantee will pay to the development services agency a servicing fee, in an amount equal to four hundred dollars per year of the data center tax exemption agreement. A separate servicing fee, each calculated as described in the...

Rule 122:29-1-02 | Eligibility.

...(A) An eligible applicant may be a property owner at the time the application is submitted and the project is certified by the tax credit authority, or an insurance company that contributes capital to be used in the project, as defined in division (A) of section 122.09 of the Revised Code. If there are multiple property owners within a project, only the property owners included in an application a...

Rule 122:29-1-03 | Application and Certification.

...(A) The director will provide the form of application for certification of a transformational mixed use development and preliminary approval of a tax credit, developed in consultation with the authority, on its website prior to the opening of each application period. (1) The authority and the director will develop scoring criteria, scoring instruments, and materials for use by the director in...

Rule 122:29-1-05 | Transformational Mixed Use Development Tax Credit.

...(A) The tax credit certificate will be in the form determined by the director and as approved by the director of insurance. (B) The amount of the tax credit certificate is to be as calculated by the authority under either division (H) or (I) of section 122.09 of the Revised Code, as applicable. (C) In determining the increase in tax collections under division (G) of section 122.09 of the Revised...

Rule 122:29-1-06 | Reporting.

...(A) Start of construction report. Within twelve months of the date a project is certified by the authority, the property owner will provide the director with a start of construction report that includes the following: (1) An updated schedule for the progression and completion of the project; (2) Documentation sufficient to demonstrate that construction of the project has begun; (3) Any addi...

Rule 122:29-1-07 | Rescission of Tax Credit Certification.

...(A) If the owner does not timely provide the start of construction report as required by paragraph (A) of rule 122:29-1-06 of the Administrative Code, the authority will provide notice to the owner of such failure and the authority is to rescind certification of the project at its next schedule meeting. (B) In addition to paragraph (A) of this rule, the tax credit authority may rescind the tax cr...

Rule 122:30-1-01 | Definitions.

...As used in Chapter 122:30-1 of the Administrative Code: (A) "Applicant" is a broadband provider that submits an application to development during an application period. Only broadband providers are eligible to apply for the program. (B) "Directly Adjacent" means operating in a contiguous census block to all or a part of the residential addresses contained in the application. (C) "Application...

Rule 122:30-1-02 | Application.

...(A) The director will make an application for the program available on the program website in a form determined by the director. The application will include the minimum information required by division (A)(1) to division (A)(17) of section 122.4020 of the Revised Code and any additional information included in the application form by development as published on the program website at least thirty...

Rule 122:30-1-03 | Application and Award Procedure.

...(A) Application period. Each fiscal year for which funds are allocated for the program there will be a minimum of one but no more than two application periods in accordance with division (B) of section 122.4019 of the Revised Code. The authority will set the number of days each application period will remain open. No late applications will be accepted by development except for good cause or due to...

Rule 122:30-1-04 | Challenges.

...A challenging provider may submit a challenge only after a complete application is posted on the program website by development but no later than sixty-five days after the close of an application period, or for an extended period as may be granted by the director. The director may only grant a challenging provider an extended period to submit a challenge to an application for good cause and no extended peri...

Rule 122:31-1-01 | Definitions.

...(A) "Brownfield" means the definition listed in section 122.65 of the Revised Code. (B) "Development" means the department of development, or any successor agency. (C) "Director" means the director of development. (D) "Program" means the brownfield remediation program as defined by section 122.6511 of the Revised Code. (E) "Program guidelines" means the program guidelines created by developmen...

Rule 122:31-1-04 | Application.

...(A) An eligible applicant will submit a timely application that complies with the program guidelines which are available online at www.development.ohio.gov/brownfield. (B) Applications for the brownfield remediation program may be submitted for a site located in any county in the state of Ohio.

Rule 122:32-1-01 | Definitions.

...(A) "Brownfield" means the definition listed in section 122.65 of the Revised Code. (B) "Development" means the department of development, or any successor agency. (C) "Director" means the director of development. (D) "Lead Entity" means the award recipient and the responsible party with whom development will execute a grant agreement for the grant funds. Further lead entity requirements are ...

Rule 122:32-1-04 | Application.

...(A) An eligible applicant will submit a timely application that complies with the program guidelines which are available online at www.development.ohio.gov/demolition. (B) Applications for the building demolition and site revitalization program may be submitted for a site located in any county in the state of Ohio.