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Ohio Revised Code Search

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Broadcast Educational Media Commission
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Section 4905.403 | Filing control bid for a natural gas company.

...equity security by the public utilities commission. (4) "Offeror" means a person that makes, or in any way participates or aids in making, a control bid. "Offeror" includes persons acting jointly or in concert in exercising, or that intend to exercise jointly or in concert, any voting rights attached to the securities for which the control bid is made, but excludes a subject natural gas company in this state that is...

Section 4905.41 | Proceedings to obtain authority.

... the authority of the public utilities commission for the issue of stocks, bonds, notes and other evidences of indebtedness, as provided in section 4905.40 of the Revised Code, shall be as follows: (A) In case the stocks, bonds, notes, or other evidence of indebtedness are to be issued for money only, the public utility or railroad shall file with the commission a statement, signed and verified by the preside...

Section 4905.42 | Hearings on issuance of stocks, bonds, and notes.

...the Revised Code, the public utilities commission shall hold such hearings, make such inquiries or investigations, and examine such witnesses, books, papers, documents, and contracts as it deems proper. An order issued under this section shall fix the amount, character, and terms of any issue of stocks, bonds, notes, or other evidence of indebtedness, and the purposes to which the issue or any proceeds of it ...

Section 4905.43 | Public utility in possession of receiver exempted.

...Where a public utility or railroad was, on June 30, 1911, in the possession of one or more receivers or its property was under foreclosure, and a reorganization of such public utility or railroad was pending, any new company organized after such date to acquire such property or any part of it, is exempt from Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code with respect to the i...

Section 4905.45 | Indorsement of public utility or railroad securities.

... is authorized by the public utilities commission or the interstate commerce commission. This section does not apply to telephone companies.

Section 4905.46 | Restrictions on dividend or distribution.

...rized to do so by the public utilities commission. This section does not apply to telephone companies.

Section 4905.47 | Capitalization.

...The public utilities commission shall not authorize the capitalization of any franchise or right to own, operate, or enjoy any franchise in excess of the amount, exclusive of any tax or annual charge, actually paid to any political subdivision of the state or county as the consideration for the grant of such franchise or right, nor shall the capital stock of a public utility or railroad corporation formed by th...

Section 4905.48 | Transactions between public utilities.

...nt and approval of the public utilities commission: (A) Any two or more public utilities furnishing a like service or product and doing business in the same municipal corporation or locality within this state, or any two or more public utilities whose lines intersect or parallel each other within this state, may enter into contracts with each other that will enable them to operate their lines or plants in connection...

Section 4905.481 | Purchase of municipal water-works or sewage disposal system company.

...nt and approval of the public utilities commission, a large water-works or sewage disposal system company may purchase the property, plant, or business of any municipal water-works or sewage disposal system company, as those companies are defined in section 4909.051 of the Revised Code. A petition filed under this section may also seek approval of a certificate of public convenience and necessity and the approval of ...

Section 4905.49 | Acquisition of water-works or sewage disposal system; rate division.

...(A) As used in this section and section 4905.491 of the Revised Code, "rate division" means a separate tariff of a water-works or sewage disposal system company for one or more geographic customer areas. (B) A water-works or sewage disposal system company acquiring a municipal water-works or sewage disposal system company as described in section 4909.052 of the Revised Code shall recommend whether the geographic ar...

Section 4905.491 | Contents of order of approval.

... the Revised Code, the public utilities commission shall include both of the following: (A) The commission's decision establishing the rate base of the company being acquired, as determined under sections 4909.05, 4909.052, and 4909.055 of the Revised Code; (B) The rate division under which the geographic area of the customers of the company being acquired shall be served.

Section 4905.51 | Use of equipment over street by other public utility.

... utility whenever the public utilities commission determines, as provided in section 4905.51 of the Revised Code, that public convenience, welfare, and necessity require such use or joint use, and that such use or joint use will not result in irreparable injury to the owner or other users of such equipment or any substantial detriment to the service to be rendered by such owners or other users. In case of fai...

Section 4905.52 | Refusal to answer questions in examination.

...gent, or employee by a public utilities commissioner in the course of an examination authorized by Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4927. of the Revised Code. The property of the railroad company of which such person is an officer, agent, or employee, is liable to be taken in execution to satisfy the fines and costs in case of a violation of this section.

Section 4905.54 | Compliance with orders.

...nd requirement of the public utilities commission made under authority of this chapter and Chapters 4901., 4903., 4907., and 4909. of the Revised Code, so long as they remain in force. Except as otherwise specifically provided in section 4905.95 of the Revised Code, the public utilities commission may assess a forfeiture of not more than ten thousand dollars for each violation or failure against a public utilit...

Section 4905.55 | Liability for act of agent.

...The act, omission, or failure of any officer, agent, or other person, acting for or employed by a public utility or railroad, while acting within the scope of his employment, is the act or failure of the public utility or railroad.

Section 4905.56 | Violation.

...er or direction of the public utilities commission made with respect to any public utility or railroad. Each day's continuance of such failure is a separate offense.

Section 4905.57 | Actions to recover forfeitures.

...rected to do so by the public utilities commission. Moneys recovered by such actions shall be deposited in the state treasury to the credit of the general revenue fund.

Section 4905.58 | Indictment.

...All prosecutions against a railroad or an officer, agent, or employee thereof, under Chapters 4901., 4903., 4905., 4907., and 4909. and other sections of the Revised Code for penalties involving imprisonment shall be by indictment.

Section 4905.59 | Action for forfeiture by prosecuting attorney.

...If the public utilities commission, the officer requested by it, or a village solicitor or city director of law, when the cause of action arises in a municipal corporation, fails to prosecute a civil action for forfeiture against a railroad or an officer, agent, or employee thereof as provided by law, the prosecuting attorney of the county in which a cause of action for forfeiture arises, upon the request of an...

Section 4905.60 | Writ of mandamus - injunction.

...Whenever the public utilities commission is of the opinion that any public utility or railroad has failed or is about to fail to obey any order made with respect to it, or is permitting anything or about to permit anything contrary to or in violation of law, or of an order of the commission, authorized under Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code, the attorney general...

Section 4905.61 | Treble damages.

...rs, or by order of the public utilities commission, the public utility or railroad is liable to the person, firm, or corporation injured thereby in treble the amount of damages sustained in consequence of the violation, failure, or omission. Any recovery under this section does not affect a recovery by the state for any penalty provided for in the chapters. This section does not apply to a telephone company.

Section 4905.62 | Limitation.

...No franchise, permit, license, or right to own, operate, manage, or control any public utility which is an electric light company, gas company, water-works company, sewage disposal system company, or heating and cooling company shall be granted or transferred to any corporation not incorporated under the laws of this state.

Section 4905.63 | Company formed to acquire property or transact business subject to certain laws.

...A company formed to acquire property or to transact business that would be subject to Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4927. of the Revised Code, and a company owning or possessing franchises for any of the purposes contemplated in those chapters, are subject to those chapters' provisions, although no property has been acquired, no business has been transacted, or no franchises have...

Section 4905.64 | Forfeiture shall be cumulative.

...All forfeitures under Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code are cumulative, and a suit for and recovery of one does not bar the recovery of any other.

Section 4905.65 | Local regulation restricting construction, location, or use of public utility facility.

...(A) As used in this section: (1) "Public utility" means any electric light company, as the same is defined in sections 4905.02 and 4905.03 of the Revised Code. (2) "Public utility facility" means any electric line having a voltage of twenty-two thousand or more volts used or to be used by an electric light company and supporting structures, fixtures, and appurtenances connected to, used in direct connection with, o...

Section 147.022 | Criminal records check.

...all require each applicant for a notary commission, other than an attorney licensed to practice law in this state or a peace officer, to complete a criminal records check. (2) The secretary shall not accept an application for a notary commission that includes the report of a criminal records check that is more than six months old. (B) The secretary of state shall provide to each person applying for a notary commi...

Section 147.03 | Term of office.

...e for the term of five years unless the commission is revoked. An attorney admitted to the practice of law in this state by the Ohio supreme court shall hold office as a notary public as long as the attorney is a resident of this state or has the attorney's principal place of business or primary practice in this state, the attorney is in good standing before the Ohio supreme court, and the commission is not revoked.

Section 147.031 | Renewal of commission.

...d in division (A)(2) of this section, a commission for a notary public appointed prior to the effective date of this section shall remain valid until that commission's expiration date. (2) A commission issued to an attorney shall be governed by section 147.03 of the Revised Code. (B) A commission that is set to expire as described in section 147.03 of the Revised Code or as in division (A) of this section shall no...

Section 147.032 | Investigations; penalties.

...tions: (1) Revoke the notary public's commission; (2) Suspend the notary public's commission for a specified period of time or until fulfillment of a condition, such as retraining, or both. (3) Issue a letter of admonition that shall be placed in the notary public's record. (C) A notary public shall cooperate fully with the secretary of state during the course of an investigation under this section, includ...

Section 147.04 | Seal.

...Before entering upon the discharge of official duties, a notary public shall obtain the seal of a notary public. The seal shall consist of the coat of arms of the state within a circle that is at least three-quarters of an inch, but not larger than one inch, in diameter and shall be surrounded by the words "notary public," "notarial seal," or words to that effect, the name of the notary public, and the words "Stat...

Section 147.041 | Persons commissioned prior to September 20, 2019.

...A person commissioned as a notary public prior to the effective date of this section may continue to use a seal that met the requirements of section 147.04 of the Revised Code and that was in that person's possession before that date.

Section 147.05 | Recordkeeping; change of address; notice of resignation or conviction of disqualifying offense.

...of state shall maintain a record of the commissions of each notary public appointed and commissioned by the secretary of state under this chapter and make a proper index to that record. The governor's office shall transfer to the secretary of state's office, on or after June 6, 2001, the record of notaries public formerly kept by the governor's office under section 107.10 of the Revised Code. The secretary of state...

Section 147.051 | Database of notaries.

...The secretary of state shall maintain a database of notaries public on a publicly accessible web site. The web site shall provide all of the following information in relation to each notary public: (A) The status of an individual's authority to perform notarial acts; (B) Whether the notary is authorized to perform online notarizations, as defined in section 147.60 of the Revised Code; (C) A description of any a...

Section 147.06 | Certified copy of commission as evidence - fee.

...ake a certified copy of a notary public commission and the endorsements on the commission. The certified copy shall be prima-facie evidence of the matters and facts contained in it. For each certified copy of a notary public commission, the secretary of state shall be entitled to receive a fee of five dollars.

Section 147.07 | Jurisdiction.

...A notary public has statewide jurisdiction.

Section 147.08 | Fees.

...(A) A notary public is entitled to the following fees: (1) Up to five dollars for any notarial act that is not an online notarization; (2) For an online notarization, up to thirty dollars. (B) A notary charging the fee authorized under division (A)(2) of this section shall not also charge the fee authorized under division (A)(1) of this section. (C) The fees charged under division (A) of this section shall no...

Section 147.10 | Notary public acting after commission expires.

...public has resigned the notary public's commission.

Section 147.11 | Forfeiture.

...r after the person resigns the person's commission, knowing that the person's term has expired or that the person has resigned, shall forfeit not more than five hundred dollars, to be recovered by an action in the name of the state. Such act shall render the person ineligible for reappointment.

Section 147.12 | Acts done by notary public after term valid.

...tary public resigns the notary public's commission is as valid as if done during the notary public's term of office.

Section 147.141 | Prohibited acts.

...than that by which the notary public is commissioned; (7) Sign notarial certificates using a facsimile signature stamp unless the notary public has a physical disability that limits or prohibits the notary's ability to make a written signature and unless the notary has first submitted written notice to the secretary of state with an example of the facsimile signature stamp; (8) Affix the notary's signature to a b...

Section 147.142 | Advertisement as immigration consultant; other prohibited acts.

...(A) A notary public who is not a licensed attorney in this state shall not represent or advertise himself or herself as an immigration consultant or an expert in immigration matters. (B) A notary public who is not a licensed attorney in this state shall not do any of the following: (1) Provide any service that constitutes the unauthorized practice of law in violation of section 4705.07 of the Revised Code; (2) Sta...

Section 147.32 | Representatives of veterans' organizations may be appointed as commissioners of the state.

...n within the state, may be appointed as commissioners of the state. Such commissioners shall continue in office for a term of three years. Each of such commissioners shall, before performing any of his duties, take and subscribe to an oath of office before a judge of a court of record within this state. Such oath, with his signature thereto and an impression of his seal of office and his residence address, shall fort...

Section 147.37 | Fees for commissions.

...authorized entity that administered the educational program and test required by section 147.021 of the Revised Code. The notary public shall remit to the secretary of state the portion of that fee specified pursuant to division (C)(2) of this section. (C) The secretary of state shall adopt rules in accordance with Chapter 119. of the Revised Code to do all of the following: (1) Establish the amount of the fee au...

Section 147.371 | Duplicate commission.

... submission of the electronic duplicate commission request form, a duplicate commission as notary public shall be issued by the secretary of state. (B) Upon receipt of a fee of two dollars and submission of the electronic amendment form for a name change under division (B) of section 147.05 of the Revised Code, the secretary of state shall issue a duplicate commission as a notary public. (C) The secretary of stat...

Section 147.39 | Prior notarial acts by armed forces officers valid.

...r notarial act that was performed, by a commissioned officer in active service with the armed forces of the United States for a person who was a member of the armed forces of the United States, for a person who was accompanying the armed forces of the United States, or for a person who was a dependent of either such category of persons, and that was taken or performed between January 1, 1941, and January 1, 1974, in ...

Section 147.40 | Manner of taking depositions.

...Depositions taken in pursuance of sections 147.07 and 147.51 to 147.58 of the Revised Code by a person described in division (D) of section 147.51 of the Revised Code shall be taken on written interrogatories, on a written notice being given by the party desiring to take such depositions, which notice shall contain the names of the parties plaintiff and defendant, the court or tribunal in which the action is pending,...

Section 147.49 | Determination regarding acknowledgement or verification.

...(A) A notary public who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the person acknowledging, that the person appearing before the notary public and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the person. (B) A notary public who takes a verification of a statement on oath or a...

Section 147.50 | Identity of the person appearing.

...(A) A notary public has personal knowledge of the identity of the person appearing before the notary public if the person is personally known to the notary public through dealings sufficient to provide reasonable certainty that the person has the identity claimed. (B) A notary public has satisfactory evidence of the identity of the person appearing before the notary public if the notary public can identify the pers...

Section 147.51 | Notarial acts.

... in which the act is performed; (4) A commissioned officer in active service with the armed forces of the United States and any other person authorized by regulation of the armed forces to perform notarial acts if the notarial act is performed for one of the following or for a dependent of one of the following: (a) A member of the merchant marines of the United States; (b) A member of the armed forces of the Un...

Section 147.52 | Notarial acts by authorized person.

...(A) If the notarial act is performed by any of the persons described in divisions (A) and (B) of section 147.51 of the Revised Code, other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank, or title and serial number, if any, of the person are sufficient proof of the authority of a holder of that rank or title to perform the act. Further proof of th...