Ohio Revised Code Search
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Section 5107.286 | Communications concerning participating student's attendance.
...Communications between the school district and the county department of job and family services concerning a participating student's attendance shall be made only through the attendance officers and assistants appointed under section 3321.14 or 3321.15 of the Revised Code. |
Section 5107.287 | Good cause for being absent from school.
...The county department of job and family services shall establish policies defining "good cause for being absent from school" and specifying what constitutes a day of attendance for purposes of the learnfare program's school attendance requirement. Not later than the fifteenth day of each month of a school year or another time agreed to by the county department of job and family services and department of education... |
Section 5107.30 | Learning, earning, and parenting LEAP program.
...(A) As used in this section: (1) "Equivalent of a high school diploma" and "good cause" have the meanings established in rules adopted under section 5107.05 of the Revised Code. (2) "Participating teen" means an individual to whom all of the following apply: (a) The individual is a participant of Ohio works first; (b) The individual is under age eighteen or is age eighteen and in school and is a natural o... |
Section 5107.301 | Award to LEAP program graduates for post-secondary education.
...For the purpose of encouraging individuals who have successfully completed the requirements of the LEAP program to enroll in post-secondary education, the director of job and family services may provide an award to such individuals who enroll in post-secondary education. If provided, the award shall be provided in accordance with rules adopted under section 5107.05 of the Revised Code. |
Section 5107.36 | Fugitive felons and probation or parole violators ineligible for participation.
...An individual is ineligible for assistance under Ohio works first if either of the following apply: (A) The individual is a fugitive felon as defined in section 5101.26 of the Revised Code; (B) The individual is violating a condition of probation, a community control sanction, parole, or a post-release control sanction imposed under federal or state law. |
Section 5107.37 | Ineligibility of residents of public institutions.
...(A) Except as provided in division (B) of this section, an individual who resides in a county home, city infirmary, jail, or other public institution is not eligible to participate in Ohio works first. (B) Division (A) of this section does not apply to a minor child residing with the minor child's mother who participates in a prison nursery program established under section 5120.65 of the Revised Code. |
Section 5107.40 | Ohio works first program additional definitions.
...As used in sections 5107.40 to 5107.69 of the Revised Code: (A) "Alternative work activity" means an activity designed to promote self sufficiency and personal responsibility established by a county department of job and family services under section 5107.64 of the Revised Code. (B) "Developmental activity" means an activity designed to promote self sufficiency and personal responsibility established by a count... |
Section 5107.41 | Appraisal of each member of assistance group who is minor head of household or adult.
...As soon as possible after an assistance group submits an application to participate in Ohio works first, the county department of job and family services that receives the application shall schedule and conduct an appraisal of each member of the assistance group who is a minor head of household or adult, other than a minor head of household participating in the LEAP program. The appraisal may include an evaluati... |
Section 5107.42 | Assignment to work activities and developmental activities.
...(A) Except as provided in divisions (B) and (C) of this section, county departments of job and family services shall assign each minor head of household and adult participating in Ohio works first, other than a minor head of household participating in the LEAP program, to one or more work activities and developmental activities. If a county department assigns a minor head of household or adult to the work activity e... |
Section 5107.43 | Placement in assigned activity.
...(A) After a minor head of household or adult is assigned to a work activity, developmental activity, or alternative work activity under section 5107.42 of the Revised Code, a county department of job and family services shall place the minor head of household or adult in the assigned activity as soon as the activity becomes available. (B)(1) Except as provided in rules adopted under section 5107.05 of the Revised Co... |
Section 5107.44 | Exceeding federal minimum work activity participation rates.
...County departments of job and family services, on a statewide average basis, shall exceed the federal minimum work activity participation rates established by section 407(a) of Title IV-A, 42 U.S.C.A. 607(a), by not less than five percentage points. |
Section 5107.50 | Job search and readiness program.
...There is hereby established, as a work activity under Ohio works first, the job search and readiness program under which applicants for and participants of Ohio works first are trained in strategies and skills in obtaining employment and engage in self-directed, job search activities. County departments of job and family services shall develop and administer the program and may utilize the services of private or gov... |
Section 5107.52 | Subsidized employment program.
...(A) There is hereby established, as a work activity under Ohio works first, the subsidized employment program, under which private and government employers receive payments from appropriations to the department of job and family services for a portion of the costs of salaries, wages, and benefits those employers pay to or on behalf of employees who are participants of the subsidized employment program at the time of... |
Section 5107.54 | Work experience program.
...(A) There is hereby established, as a work activity under Ohio works first, the work experience program. A participant of Ohio works first placed in the program shall receive work experience from private and government entities. Participants of Ohio works first assigned to the work experience program are not employees of the department of job and family services or a county department of job and family services. T... |
Section 5107.541 | Assignment under work experience program.
...A county department of job and family services may contract with the chief administrator of a nonpublic school or with any school district board of education that has adopted a resolution under section 3319.089 of the Revised Code to provide for a participant of the work experience program who has a minor child enrolled in the nonpublic school or a public school in the district to be assigned under the work experienc... |
Section 5107.58 | Education program.
...In accordance with a federal waiver granted by the United States secretary of health and human services pursuant to a request made under former section 5101.09 of the Revised Code, county departments of job and family services may establish and administer as a work activity for minor heads of households and adults participating in Ohio works first an education program under which the participant is enrolled full-time... |
Section 5107.60 | Administering additional work activities.
...ily child care home, administrator of a licensed type B family child care home, or in-home aide; (C) Community service activities including a program under which a participant of Ohio works first who is the parent, guardian, custodian, or specified relative responsible for the care of a minor child enrolled in grade twelve or lower is involved in the minor child's education on a regular basis; (D) Vocational ed... |
Section 5107.61 | Serving as ombudsperson.
...Service as an Ohio works first ombudsperson pursuant to section 329.07 of the Revised Code may be an assignment under the work experience program or a work activity established under section 5107.60 of the Revised Code to which a participant of Ohio works first is assigned under section 5107.42 of the Revised Code. |
Section 5107.62 | Developmental activities for minor heads of households and adults participating in Ohio works first.
...County departments of job and family services shall establish and administer developmental activities for minor heads of households and adults participating in Ohio works first. In establishing developmental activities, county departments are not limited by the restrictions that Title IV-A imposes on work activities. Developmental activities may be identical or similar to, or different from, work activities and alter... |
Section 5107.64 | Alternative work activities.
...County departments of job and family services shall establish and administer alternative work activities for minor heads of households and adults participating in Ohio works first. In establishing alternative work activities, county departments are not limited by the restrictions Title IV-A imposes on work activities. The following are examples of alternative work activities that a county department may establish: (... |
Section 5107.65 | Works first participants not to displace employees.
...(A) (1) No participant of Ohio works first shall be assigned to a work activity, developmental activity, or alternative work activity when the employer removes or discharges a person, for the purpose of substituting the participant in the person's place, in any of the following circumstances: (a) The person is already employed as a regular full-time or part-time employee of the employer; (b) The person has been e... |
Section 5107.66 | Support services.
...Subject to the availability of funds and except as limited by section 5107.58 of the Revised Code, county departments of job and family services shall provide for participants of Ohio works first placed in a work activity, developmental activity, or alternative work activity to receive support services the county department determines to be necessary. County departments may provide for applicants of Ohio works first... |
Section 5107.67 | Public employee and unemployment compensation laws do not apply.
...Except for a participant of Ohio works first who is assigned to a work activity established under section 5107.52 or division (A) of section 5107.60 of the Revised Code, credit for work performed by a participant in a work activity, developmental activity, or alternative work activity does not constitute remuneration for the purpose of Chapter 124., 144., or 145. of the Revised Code and services performed by the part... |
Section 5107.68 | County to implement and enforce program.
...(A) The county directors of job and family services shall implement and enforce the requirements of sections 5107.40 to 5107.69 of the Revised Code. State and local agencies shall cooperate with county departments of job and family services to the maximum extent possible in the implementation of those sections. (B) In employing persons to administer and supervise work activities, developmental activities, and altern... |
Section 5107.69 | No jeopardy to federal funding.
...If the United States secretary of health and human services informs the department of job and family services that implementation of sections 5107.40 to 5107.69 of the Revised Code jeopardizes federal funding for the Ohio works first program, the department shall ensure that county departments of job and family services require minor heads of household and adults participating in Ohio works first to participate in wo... |
Section 1309.104 | Control of deposit account - UCC 9-104.
...(A) A secured party has control of a deposit account if: (1) The secured party is the bank with which the deposit account is maintained; (2) The debtor, secured party, and bank have agreed in an authenticated record that the bank will comply with instructions originated by the secured party directing disposition of the funds in the deposit account without further consent by the debtor; or (3) The secured party bec... |
Section 1309.105 | Control of electronic chattel paper - UCC 9-105.
...(A) A secured party has control of electronic chattel paper if a system employed for evidencing the transfer of interests in the chattel paper reliably establishes the secured party as the person to which the chattel paper was assigned. (B) A system satisfies division (A) of this section if the record or records comprising the chattel paper are created, stored, and assigned in such a manner that: (1) A single... |
Section 1309.106 | Control of investment property - UCC 9-106.
...(A) A person has control of a certificated security, uncertificated security, or security entitlement as provided in section 1308.24 of the Revised Code. (B) A secured party has control over a commodity contract if: (1) The secured party is the commodity intermediary with which the commodity contract is carried; or (2) The commodity customer, secured party, and commodity intermediary have agreed that the commodity... |
Section 1309.107 | Control of letter-of-credit right - UCC 9-107.
...A secured party has control of a letter-of-credit right to the extent of any right to payment or performance by the issuer or any nominated person if the issuer or nominated person has consented to an assignment of proceeds of the letter of credit under division (C) of section 1305.13 of the Revised Code or otherwise applicable law or practice. |
Section 1309.108 | Sufficiency of description - UCC 9-108.
... an insufficient description of: (1) A commercial tort claim; or (2) In a consumer transaction, consumer goods, a security entitlement, a securities account, or a commodity account. |
Section 1309.109 | Scope of chapter - UCC 9-109.
...f a claim arising in tort, other than a commercial tort claim, but sections 1309.315 and 1309.322 of the Revised Code apply with respect to proceeds and priorities in proceeds; (13) An assignment of a deposit account in a consumer transaction, but sections 1309.315 and 1309.322 of the Revised Code apply with respect to proceeds and priorities in proceeds; or (14) A transfer by a government, state, or governmental u... |
Section 1309.110 | Security interests arising under article 2 or 2A - UCC 9-110.
...A security interest arising under sections 1302.42 and 1302.49, division (C) of section 1302.85, or division (E) of section 1310.54 of the Revised Code is subject to this chapter. However, until the debtor obtains possession of the goods: (A) The security interest is enforceable even if division (B)(3) of section 1309.203 of the Revised Code has not been satisfied; (B) Filing is not required to perfect the s... |
Section 1309.201 | General effectiveness of security agreement - UCC 9-201.
...(A) Except as otherwise provided in Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors. (B) A transaction, although subject to this chapter, is also subject to any applicable law that establishes a different rule for consumers and to Ch... |
Section 1309.202 | Title to collateral immaterial - UCC 9-202.
...Except as otherwise provided with respect to consignments or sales of accounts, chattel paper, payment intangibles, or promissory notes, the provisions of this chapter with regard to rights and obligations apply whether title to collateral is in the secured party or in the debtor. |
Section 1309.203 | Attachment and enforceability of security interest - proceeds - supporting obligation - formal requisites - UCC 9-203.
...(A) A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment. (B) Except as otherwise provided in divisions (C) to (I) of this section, a security interest is enforceable against the debtor and third parties with respect to the collateral only if: (1) Value has been given; (2) The d... |
Section 1309.204 | After-acquired property - future advances - UCC 9-204.
...he secured party gives value; or (2) A commercial tort claim. (C) A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles, or promissory notes are sold in connection with, future advances or other value, whether or not the advances or value are given pursuant to commitment. |
Section 1309.205 | Use or disposition of collateral permissible - UCC 9-205.
...(A) A security interest is not invalid or fraudulent against creditors solely because: (1) The debtor has the right or ability to: (a) Use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods; (b) Collect, compromise, enforce, or otherwise deal with collateral; (c) Accept the return of collateral or make repossessions; or (d) Use, commingle, or dispose of proceeds; o... |
Section 1309.206 | Security interest arising in purchase or delivery of financial asset - UCC 9-206.
...(A) A security interest in favor of a securities intermediary attaches to a person's security entitlement if: (1) The person buys a financial asset through a securities intermediary in a transaction in which the person is obligated to pay the purchase price to the securities intermediary at the time of the purchase; and (2) The securities intermediary credits the financial asset to the buyer's securities account be... |
Section 1309.207 | Rights and duties of secured party having possession or control of collateral - UCC 9-207.
...(A) Except as otherwise provided in division (D) of this section, a secured party shall use reasonable care in the custody and preservation of collateral in the secured party's possession. In the case of an instrument or chattel paper, reasonable care includes taking necessary steps to preserve rights against prior parties unless otherwise agreed. (B) Except as otherwise provided in division (D) of this secti... |
Section 1309.208 | Additional duties of secured party having control of collateral - UCC 9-208.
...(A) This section applies to cases in which there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations, or otherwise give value. (B) Within ten days after receiving an authenticated demand by the debtor: (1) A secured party having control of a deposit account under division (A)(2) of section 1309.104 of the Revised Code shall send to the bank with whi... |
Section 1309.209 | Duties of secured party if account debtor has been notified of assignment - UCC 9-209.
...(A) Except as otherwise provided in division (C) of this section, this section applies if: (1) There is no outstanding secured obligation; and (2) The secured party is not committed to make advances, incur obligations, or otherwise give value. (B) Within ten days after receiving an authenticated demand by the debtor, a secured party shall send to an account debtor that has received notification of an assignment to... |
Section 1309.210 | Request for accounting - request regarding list of collateral or statement of account - UCC 9-210.
...(A) As used in this section: (1) "Request" means a record of a type described in division (A)(2), (3), or (4) of this section. (2) "Request for an accounting" means a record authenticated by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request. (3) "Request regarding... |
Section 1309.301 | Law governing perfection and priority of security interests - UCC 9-301.
...Except as otherwise provided in sections 1309.303 to 1309.306 of the Revised Code, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral: (A) Except as otherwise provided in this section, while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfect... |
Section 1309.302 | Law governing perfection and priority of agricultural liens - UCC 9-302.
...While farm products are located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of an agricultural lien on the farm products. |
Section 1309.303 | Law governing perfection and priority of security interests in goods covered by a certificate of title - UCC 9-303.
...(A) This section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate of title the goods are covered and the goods or the debtor. (B) Goods become covered by a certificate of title when a valid application for the certificate of title and the applicable fee are delivered to the appropriate authority. Goods cease to be covered by a... |
Section 1309.304 | Law governing perfection and priority of security interests in deposit accounts - UCC 9-304.
...(A) The local law of a bank's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a deposit account maintained with that bank. (B) The following rules determine a bank's jurisdiction for purposes of this section: (1) If an agreement between the bank and the debtor governing the deposit account expressly provides that a particular jurisdiction is the... |
Section 1309.305 | Law governing perfection and priority of security interests in investment property - UCC 9-305.
...(A) Except as otherwise provided in division (C) of this section, the following rules apply: (1) While a security certificate is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the certificated security represented thereby. (2) The local law of the issuer's jurisdiction as specified in division (D... |
Section 1309.306 | Law governing perfection and priority of security interests in letter-of-credit rights - UCC 9-306.
...(A) Subject to division (C) of this section, the local law of the issuer's jurisdiction or a nominated person's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a letter-of-credit right if the issuer's jurisdiction or nominated person's jurisdiction is a state. (B) For purposes of sections 1309.301 to 1309.342 of the Revised Code, an issuer's juri... |
Section 1309.307 | Location of debtor - UCC 9-307.
...state in which the branch or agency is licensed, if all branches and agencies of the bank are licensed in only one state. (J) A foreign air carrier under the "Federal Aviation Act of 1958," 49 U.S.C. 40102, as amended, is located at the designated office of the agent upon which service of process may be made on behalf of the carrier. (K) This section applies only for the purposes of sections 1309.301 to 1309.... |
Section 1309.308 | When security interest or agricultural lien is perfected - continuity of perfection - UCC 9-308.
...(A) Except as otherwise provided in this section and section 1309.309 of the Revised Code, a security interest is perfected if it has attached and all of the applicable requirements for perfection in sections 1309.310 to 1309.316 of the Revised Code have been satisfied. A security interest is perfected when it attaches if the applicable requirements are satisfied before the security interest attaches. (B) An agricul... |
Section 1311.78 | Notifying lien claimant to commence suit.
...(A) The owner of an aircraft that is subject to a lien that arises under section 1311.72 of the Revised Code may notify the lien claimant who has perfected the lien in accordance with section 1311.73 of the Revised Code to commence suit on the lien. (B)(1) The owner shall serve a written notice to commence suit on the lien claimant by certified mail, return receipt requested, at the address of the lien claimant or h... |
Section 1311.79 | Maintaining lien after notice to commence suit.
...(A) After receipt of a notice to commence suit pursuant to section 1311.78 of the Revised Code, a lien claimant may maintain a lien that is perfected pursuant to section 1311.73 of the Revised Code if, within sixty days after receipt of the notice, he complies with division (C) of this section and files for record with the United States federal aviation administration an affidavit that contains all of the following i... |
Section 1311.80 | Award of attorney's fees.
...Upon application by a lien claimant or the owner of an aircraft that is subject to a lien in a court in which an action is commenced pursuant to sections 1311.71 to 1311.79 of the Revised Code, the court may award reasonable attorney's fees to the prevailing party as justice and equity require. |
Section 1311.85 | Broker's lien on commercial realty definitions.
...hapter 4735. of the Revised Code. (B) "Commercial real estate" means any parcel of real estate in this state other than real estate containing one to four residential units. "Commercial real estate" does not include single-family residential units such as condominiums, townhouses, manufactured housing, or homes in a subdivision when sold, leased, or otherwise conveyed on a unit-by-unit basis, even though these ... |
Section 1311.86 | Broker's lien on commercial real estate.
... leasing, or conveying any interest in commercial real estate has a lien on that commercial real estate. The lien is effective only if the contract for services is in writing and is signed by the broker or the broker's agent and the owner of the lien property or the owner's agent. (B) Any broker that enters into a written contract for services related to purchasing any interest in commercial real estate has ... |
Section 1311.87 | Perfection of lien.
...personal delivery or by certified mail, commercial carrier service, or any other method that includes written evidence of receipt. (C) Initial leases, lease renewals, and expansions of the space leased shall be treated as separate leases for purposes of division (B)(5) of this section. |
Section 1311.88 | Proceedings to enforce lien.
...personal delivery or by certified mail, commercial carrier service, or any other method that includes written evidence of receipt. (2) If the broker does not commence the suit within twenty-eight days after receipt of the notice of demand, the lien is extinguished. (C) In an action based on a broker's lien, a court shall assess the nonprevailing parties with all costs and reasonable attorney's fees incurred by th... |
Section 1311.89 | Sale of foreclosed property - alternative dispute resolution.
...(A) All liens claimed under sections 1311.85 to 1311.93 of the Revised Code shall be subject to section 2323.07 of the Revised Code unless the parties agree to proceed pursuant to division (B) of this section. (B) If the broker and owner agree to alternative dispute resolution (ADR), the claim shall be heard and resolved in the agreed upon ADR forum. The court shall retain jurisdiction to enter and enforce the award... |
Section 1311.90 | Broker to record release or satisfaction.
...personal delivery or by certified mail, commercial carrier service, or any other method that includes written evidence of receipt. |
Section 1311.91 | Priority of mechanic's liens.
...All valid mechanic's liens, arising pursuant to and perfected in accordance with Chapter 1311. of the Revised Code, and all prior recorded liens and mortgages have priority over a broker's lien perfected pursuant to section 1311.87 of the Revised Code. |
Section 1311.92 | Transfer of lien property - escrow account.
...(A) Except as provided in division (D) of this section, to enable a transfer of lien property to close when a broker's perfected lien may otherwise prevent the closing, a separate escrow account shall be established by the owner into which moneys from the proceeds of the closing shall be deposited in an amount sufficient to release the broker's lien. The moneys shall be held in escrow and shall only be released as or... |
Section 1311.93 | Liability of broker.
...Any broker that asserts or records a spurious or materially inaccurate broker's lien under this section or fails to release or acknowledge release or satisfaction of a broker's lien in compliance with this section, is liable for damages incurred by any person who has a legal or equitable interest in the lien property. |
Section 1312.01 | Definitions.
...As used in this chapter: (A) "Construction defect" means a deficiency that arises directly or indirectly out of the construction or the substantial rehabilitation of a residential building. "Substantial rehabilitation" includes the addition of a room and the removal or installation of a wall, partition, or portion of the structural design. (B) "Dwelling action" means any civil action in contract or tort for damages... |
Section 1312.02 | Application of chapter.
...This chapter applies only to an owner and a residential contractor who enter into a contract for the construction or the substantial rehabilitation of a residential building. |
Section 1312.03 | Notice of contractor's right to resolve alleged defects.
...Upon entering into a contract for the construction or the substantial rehabilitation of a residential building, a residential contractor shall provide the owner with notice of the contractor's right to offer to resolve any alleged construction defect before the owner may commence a dwelling action or arbitration proceedings against the contractor. The contractor may include the notice in the contract or provide the n... |
Section 1312.04 | Notice to contractor of alleged defects prior to action.
...(A) No owner shall commence arbitration proceedings or file a dwelling action against a residential contractor unless, at least sixty days before commencing the proceedings or filing the action, the owner provides the contractor with written notice of the construction defect that would be the basis of the arbitration proceedings or the dwelling action. The notice shall be in writing and mailed, sent by telegram, deli... |
Section 1312.05 | Contractor's response to notice of defects - offer to inspect or settle claim.
...(A) A residential contractor shall provide the owner with a good faith written response to any notice provided pursuant to section 1312.04 of the Revised Code. The response shall be provided within twenty-one days after the owner mailed the notice, delivered it by personal delivery, or transmitted it by telegram, facsimile, or electronic mail. In the response, the contractor shall offer to take one of the following a... |
Section 1312.06 | Owner's acceptance of contractor's offer - inspection - action by owner.
...(A) If an owner accepts a residential contractor's offer to inspect the residential building, the owner shall notify the contractor of that acceptance within fourteen days. After accepting the offer to inspect, the owner shall allow the contractor reasonable access to the building during normal working hours. The contractor shall inspect the building within fourteen days after the owner accepts the offer. The contrac... |
Section 1312.07 | Commencement of arbitration or action by owner.
...Unless otherwise indicated in this chapter, an owner has complied with this chapter and may commence arbitration proceedings or file a dwelling action sixty days after the owner mails, delivers, sends by facsimile transmission or electronic mail, or otherwise provides the residential contractor with a defect notice pursuant to division (A) of section 1312.04 of the Revised Code. |
Section 1312.08 | Tolling of statutes of limitation and repose - dismissal - application of chapter.
...(A) All applicable statutes of limitation or repose are tolled from the time the owner sends a notice of defect to a contractor pursuant to section 1312.04 of the Revised Code until the owner has complied with this chapter. (B) If an owner files a dwelling action or commences arbitration proceedings without having complied with this chapter, the court or arbitrator shall dismiss that action or those proceedings with... |
Section 1313.01 | Assignee's bond.
...When a person, partnership, association, or corporation, makes an assignment to a trustee of property, money, rights, or credits, in trust for the benefit of creditors, within ten days after the delivery of the assignment to him and before disposing of any property so assigned, such assignee shall appear before the probate judge of the county in which the assignor resided at the time of executing the assignment, prod... |
Section 1313.02 | Effective time of assignment.
...An assignment for the benefit of creditors as provided in section 1313.01 of the Revised Code is effective only from the time of its delivery to the probate judge, and the exact time of such delivery shall be indorsed thereon by the judge, who immediately shall note the filing on the journal of the court. Such assignment may be delivered by the assignor to the judge either before or after its delivery to the assignee... |
Section 1313.03 | Appointment of a trustee.
...If ten days after the execution of an assignment for the benefit of creditors, the original or a copy of it has not been filed in the probate court, or if the assignee named thereon fails for that time to give bond, on application of the assignor, or any of his creditors, the court shall make an order removing such assignee and appoint a trustee in his place. If more than one assignee is named in the assignment, and ... |
Section 1313.04 | Resignation.
...An assignee or trustee for the benefit of creditors appointed by the probate court, who has qualified, may resign his trust with the consent of the court. In case of the death, removal, or resignation of a sole assignee or trustee, the court shall appoint one or more trustees in his place. If one or more assignees or trustees have not died, resigned, or been removed, the court either may fill the vacancy, or allow t... |
Section 1313.05 | Election of trustee by creditors.
...When a creditor of an assignor provided for in section 1313.01 of the Revised Code, files a complaint alleging that the assignees named in the deed of assignment, or the trustees appointed by the probate court, for the benefit of creditors are not suitable persons to administer the trust, or that their administration thereof will not be for the best interests of the creditors and assignor, the court thereupon shall i... |
Section 1315.161 | Service of notice, subpoena, or order.
...(A) The superintendent of financial institutions may serve any notice that the superintendent is required or authorized to give and any subpoena or order that the superintendent is required or authorized to issue pursuant to sections 1315.01 to 1315.18 of the Revised Code, at the sole discretion of the superintendent, by any of the following means: (1) In person by the superintendent or an employee or agent of the d... |
Section 1315.17 | Administrative hearing - judicial review - enforcement of order.
...(A)(1) Upon a licensee's or other person's request for an administrative hearing authorized in section 1315.15, 1315.151, or 1315.152 of the Revised Code, the division of financial institutions shall set a reasonable time, date, and place in this state for the hearing and notify the licensee or other person requesting the hearing. Within ninety days after the hearing, the superintendent of financial institution... |
Section 1315.18 | Termination of business - approval of plan - implementation.
...(A) A licensee that ceases to do business in this state shall do so in accordance with a plan approved by the superintendent of financial institutions or pursuant to directions issued by the superintendent in connection with the revocation or suspension of the licensee's license pursuant to section 1315.151 of the Revised Code. (B) When a licensee ceases to do business in this state, if the superintendent considers ... |
Section 1315.21 | Check-cashing businesses definitions.
...ot include any of the following: (1) A licensee as defined in section 1321.01 of the Revised Code; (2) A registrant as defined in section 1321.51 of the Revised Code; (3) A financial institution; (4) A person that is primarily engaged in the business of selling tangible personal property or services at retail and does not derive more than five per cent of the person's gross income from the cashing of checks; (5)... |
Section 1315.22 | Application for license to operate check-cashing business.
...hing business without first obtaining a license from the superintendent of financial institutions. (B) Application for an original license required under this section or a renewal license required under section 1315.23 of the Revised Code shall be in writing, under oath, and in the form prescribed by the superintendent. The application shall contain the following information: (1)(a) If the applicant is an individua... |
Section 1315.23 | Investigation of applicant for license - issuance or renewal of license - hearing prior to suspension, revocation or refusal of license.
...iling of an application for an original license to engage in the business of cashing checks, and the payment of the fees for investigation and licensure, the superintendent of financial institutions shall investigate the financial condition and responsibility and general fitness of the applicant. As part of that investigation, the superintendent shall request that the superintendent of the bureau of criminal identifi... |
Section 1315.24 | Investigation of violations - hearings - injunctive relief.
...f an original or renewal check-cashing license. (B) In making any investigation or conducting any hearing pursuant to this section, the superintendent, or any person designated by the superintendent, at any time may compel by subpoena witnesses, may take depositions of witnesses residing without the state in the manner provided for in civil actions, pay any witnesses the fees and mileage for their attendance pro... |
Section 1315.25 | Conditions for deposit of checks into financial institution.
...ck-cashing business that appears on its license. (B) The words "licensed check-cashing business" are written legibly or stamped immediately after or below the name of the indorser. |
Section 1315.26 | Limitations on fees and charges.
...(A) No check-cashing business shall charge check-cashing fees or other check-cashing charges in an amount that exceeds three per cent of the face amount of the check for cashing checks issued by this state, a state agency, a political subdivision of this state, or the United States. (B) Each check-cashing business shall conspicuously post and at all times display in every business location a schedule of its fees and... |
Section 1315.27 | Rules.
...easonable business practices of persons licensed under sections 1315.21 to 1315.28 of the Revised Code. |
Section 1315.28 | Prohibited acts - damages for violation.
...(A) No check-cashing business shall knowingly make any incorrect statement of a material fact or omit to state a material fact in any application made, investigation conducted, or hearing held pursuant to sections 1315.22 to 1315.24 of the Revised Code. (B) No person shall: (1) Obstruct or refuse to permit any lawful investigation by the superintendent of financial institutions, a person acting on behalf of an agen... |
Section 1315.30 | State to solely regulate check-cashing business.
...The state, through the superintendent of financial institutions and in accordance with sections 1315.21 to 1315.30 of the Revised Code, shall solely regulate persons engaged in the check-cashing business and the manner in which any such business is conducted. By the enactment of sections 1315.21 to 1315.30 of the Revised Code, it is the intent of the general assembly to preempt municipal corporations and other polit... |
Section 1315.51 | Transaction reporting, money laundering definitions.
...As used in sections 1315.51 to 1315.55 of the Revised Code, unless the context otherwise requires: (A) "Conduct the business" means engaging in activities regulated under sections 1315.51 to 1315.55 of the Revised Code. (B) "Corrupt activity" has the same meaning as in section 2923 of the Revised Code. (C) "Knowingly" has the same meaning as in section 2901.22 of the Revised Code. (D) "Material" means a statement... |
Section 1315.52 | Liberal construction of statutes.
...Sections 1315.51 to 1315.55 of the Revised Code shall be liberally construed to effectuate their remedial purposes. |
Section 1315.53 | Reporting transactions - records.
...(A) A money transmitter that is required to file a report regarding business conducted in this state pursuant to the "Currency and Foreign Transactions Reporting Act," 84 Stat. 1118 (1970), 31 U.S.C.A. 5311 to 5326 and 31 C.F.R. part 103 or 12 C.F.R. 21.11, shall file a duplicate of that report with the attorney general. (B) All persons engaged in a trade or business, who receive more than ten thousand dollars in mo... |
Section 1315.54 | Investigations.
...(A) The attorney general may conduct investigations within or outside this state to determine if a money transmitter or person engaged in a trade or business has failed to file a report required by section 1315.53 of the Revised Code or has engaged or is engaging in an act, practice, or transaction that constitutes a violation of a provision of sections 1315.51 to 1315.55 of the Revised Code. (B) On request of the... |
Section 1315.55 | Additional prohibited activities.
...(A)(1) No person shall conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the purpose of committing or furthering the commission of corrupt activity. (2) No person shall conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity... |
Section 1315.99 | Penalty.
...(A) Whoever violates division (A) or (B) of section 1315.28 or division (E)(2) of section 1315.53 of the Revised Code is guilty of a misdemeanor of the first degree. (B) Whoever violates division (F)(1) of section 1315.53 or division (B) of section 1315.54 of the Revised Code is guilty of a felony of the fourth degree. (C) Whoever violates division (A) of section 1315.55 of the Revised Code is guilty of money... |
Section 1317.01 | Retail installment sale definitions.
...As used in this chapter: (A) "Retail installment sale" includes every retail installment contract to sell specific goods, every consumer transaction in which the cash price may be paid in installments over a period of time, and every retail sale of specific goods to any person in which the cash price may be paid in installments over a period of time. "Retail installment sale" does not include a lease-purchase agreem... |
Section 1317.02 | Buyer's copy.
...Every retail installment sale shall be evidenced by an instrument in writing. A copy of said instrument shall be delivered to the retail buyer by the retail seller at the time of its execution. An acknowledgment of the delivery thereof contained in the body of the instrument is prima-facie proof of delivery in any action to enforce any obligation arising out of the retail installment sale. The written instrument shal... |
Section 1317.03 | Evidence of indebtedness.
...A retail seller may require a retail buyer to execute and deliver a promissory note to evidence the indebtedness created by a retail installment sale, and, to secure the payment of the indebtedness created by the sale or evidenced by the promissory note or to secure the performance of any other condition of the sale, may require the retail buyer to execute and deliver a security agreement to give the retail seller a ... |
Section 1317.031 | Inclusion of holder in due course.
...Notwithstanding section 1303.35 of the Revised Code, a buyer who executes a purchase money loan installment note or a retail installment contract in connection with a consumer transaction may assert against any holder, assignee, or transferee of the note or contract, specifically including any holder in due course, as defined in section 1303.32 of the Revised Code, of the note or contract any defense that the buyer m... |
Section 1317.032 | Asserting defenses against holder, assignee, or transferee of purchase money loan installment note or retail installment contract.
...(A) A buyer who is entitled to assert in an action in connection with a consumer transaction any of the following defenses against the seller of goods or services that are obtained pursuant to a purchase money loan installment note or retail installment contract may also assert the defenses against the holder, assignee, or transferee of the purchase money loan installment note or retail installment contract, whether ... |
Section 1317.04 | Separate items to be listed in written instrument.
...The written instrument evidencing a retail installment sale and required by section 1317.02 of the Revised Code shall recite the following: (A) The cash price of the specific goods. (B) The amount in cash of the retail buyer's down payment, if any, whether made in money or goods or partly in money or partly in goods. (C) The unpaid balance of the cash price payable by the retail buyer to the retail seller which... |
Section 1317.05 | Insurance provisions; debt cancellation or debt suspension products.
...of insurance to grant, renew, or revoke licenses, nor do said sections authorize anyone other than a licensee of the division of insurance to directly or indirectly receive any part of the amount charged for insurance in connection with any retail installment sale. (B) As used in this division, "debt cancellation or debt suspension product" means a contractual agreement in which a retail seller, or its assignee, a... |