Ohio Revised Code Search
Section |
---|
Section 5301.37 | Recording of separate instruments.
... instruments so recorded, or whenever such margin is completely filled with assignments, cancellations, or further transactions relating to the instruments so recorded, such transactions shall be effected by separate instruments executed and recorded according to law. |
Section 5301.38 | Record of patents, copies, and exemplifications.
...t of the United States, and copies of such patents, certified under the official seal of the commissioner of the general land office of the United States, and exemplifications of the record of the general land office of any patent recorded there, may be recorded in the office of the county recorder of the county in which such lands, or a part thereof, are situated. The recorder shall be paid the fees for recording s... |
Section 5301.39 | When court to order clerk to make entry on record of mortgage.
... the mortgage or other lien, in case of failure to pay the amount secured thereby, or when the title has been changed by judgment or decree, or partition made and confirmed between tenants in common, at the rendition of such final judgment, order, or decree, shall make the necessary order for the proper entry of a memorandum, release, or satisfaction, by the clerk of such court, on the record of such mortgage or othe... |
Section 5301.40 | Mortgage or lien satisfied by suit.
...or decree, the clerk of the court in which the proceedings are had shall enter upon the record of the mortgage or other lien, in the county recorder's office where it is recorded, a memorandum of the character of the proceedings, giving also the volume and page of the record where they are recorded. The clerk may tax in the bill of costs the fees of the recorder provided by law for the entry of the memorandum, relea... |
Section 5301.41 | Effect of reversal of judgment.
...on 5301.39 of the Revised Code, upon which the entry of release, satisfaction, change of title, or partition is based, or in which the order for release, satisfaction, or record is included, is reversed, vacated, or modified, such reversal, vacation, or modification, so far as it applies to such memorandum, release, or satisfaction of such mortgage or other lien, record of change of title, or partition, will vacate o... |
Section 5301.42 | Effect of entry by clerk.
...y recorder's office, other than that which it would have had without such entry. |
Section 5301.43 | Certified copy of record of instrument as evidence.
...ma-facie evidence of the existence of such instrument, and as conclusive evidence of the existence of such record. |
Section 5301.44 | Certified copy of record in action to cure defects.
...ed copy thereof in an action to cure or supply such defect, mistake, or omission, or to compel the execution of a valid conveyance of such real estate, may be read in evidence, and shall be prima-facie evidence that such instrument was executed and existed as shown by such record. |
Section 5301.45 | Instrument executed and acknowledged upon different sheets.
...e same sheet with the instrument, and such defective conveyance is corrected by the judgment of a court, or by the voluntary act of the parties thereto, such judgment or act shall relate back so as to be operative from the time of filing the original conveyance in the county recorder's office. |
Section 5301.46 | Assignment, release, or cancellation of interest made by separate instrument to contain description.
...instrument other than the writing in which was created the interest in real property that is being assigned, released, or canceled. (B) In any county that maintains sectional indexes pursuant to section 317.20 of the Revised Code, each assignment, release, or cancellation of an interest in real property that is made by a separate instrument shall contain a description of the real property that is subject to the inte... |
Section 5301.47 | Marketable title definitions.
...section 5301.48 of the Revised Code, which operates to extinguish such interests and claims, existing prior to the effective date of the root of title, as are stated in section 5301.50 of the Revised Code. (B) "Records" includes probate and other official public records, as well as records in the office of the recorder of the county in which all or part of the land is situate. (C) "Recording," when applied to the o... |
Section 5301.48 | Unbroken chain of title of record.
...land in this state, who has an unbroken chain of title of record to any interest in land for forty years or more, has a marketable record title to such interest as defined in section 5301.47 of the Revised Code, subject to the matters stated in section 5301.49 of the Revised Code. A person has such an unbroken chain of title when the official public records disclose a conveyance or other title transaction, of record... |
Section 5301.49 | Record marketable title.
...Such record marketable title shall be subject to: (A) All interests and defects which are inherent in the muniments of which such chain of record title is formed; provided that a general reference in such muniments, or any of them, to easements, use restrictions, or other interests created prior to the root of title shall not be sufficient to preserve them, unless specific identification be made therein of a recorde... |
Section 5301.50 | Interests prior to effective date of root of title.
... section 5301.49 of the Revised Code, such record marketable title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims, or charges whatsoever, the existence of which depends upon any act, transaction, event, or omission that occurred prior to the effective date of the root of title. All such interests, claims, or charges, however denominated, wheth... |
Section 5301.51 | Preservation of interest in land.
...eriod of forty years or more, during which period no title transaction with respect to such interest appears of record in his chain of title, and no notice has been filed by him on his behalf as provided in division (A) of this section, and such possession continues to the time when marketability is being determined, the period of possession is equivalent to the filing of the notice immediately preceding the terminat... |
Section 5301.52 | Notice and filing of claim of interest in land.
...of all land affected by the notice, which description shall be set forth in particular terms and not by general inclusions, except that if the claim is founded upon a recorded instrument, the description in the notice may be the same as that contained in such recorded instrument; (4) State the name of each record owner of the land affected by the notice, at the time of its recording, together with the recordi... |
Section 5301.53 | Certain rights not barred or extinguished.
...ure of an easement, the existence of which is clearly observable by physical evidence of its use; (D) Any easement or interest in the nature of an easement, or any rights granted, excepted, or reserved by the instrument creating such easement or interest, including any rights for future use, if the existence of such easement or interest is evidenced by the location beneath, upon, or above any part of the land descri... |
Section 5301.54 | Effect of changes.
...ning the effect of the recording or the failure to record any instrument affecting land. |
Section 5301.55 | Liberal construction of statutes.
...by allowing persons to rely on a record chain of title as described in section 5301.48 of the Revised Code, subject only to such limitations as appear in section 5301.49 of the Revised Code. |
Section 5301.56 | Mineral interests - vesting in surface owner.
... of this section has not been abandoned fails to file a claim to preserve the mineral interest, files such a claim more than sixty days after the date on which the notice was served or published under division (E) of this section, fails to file an affidavit that identifies an event described in division (B)(3) of this section that has occurred within the twenty years immediately preceding the date on which the ... |
Section 5301.61 | Removal of fixtures or improvements from mortgaged realty.
...cupant of real property, knowing that such real property is mortgaged or the subject of a land contract, shall remove, or cause or permit the removal of any improvement or fixture from such real property without the consent of the mortgagee, vendor under the land contract, or other person authorized to give such consent. |
Section 5301.63 | Solar access easement requirements.
...on may grant a solar access easement. Such easements shall be in writing and shall be subject to the same conveyance and recording requirements as other easements. Any instrument that grants a solar access easement shall include: (A) A description of the real property burdened and benefited by the solar access easement; (B) A description of the limits in heights, locations, or both, of permissible development on t... |
Section 5301.67 | Conservation, agricultural easement definitions.
...e purpose of retaining those areas in such a condition, or retaining their use predominantly as suitable habitat for fish, plants, or wildlife; that imposes any limitations on the use or development of the areas that are appropriate at the time of creation of the conservation easement to achieve one or more of those purposes; and that includes appropriate provisions for the holder to enter the property subject to the... |
Section 5301.68 | Granting conservation or agricultural easement.
...esources, a park district created under Chapter 1545. of the Revised Code, a township park district created under section 511.18 of the Revised Code, a conservancy district created under Chapter 6101. of the Revised Code, a soil and water conservation district created under Chapter 940. of the Revised Code, a regional water and sewer district created under Chapter 6119. of the Revised Code, a county, a township, a mu... |
Section 5301.69 | Who may acquire conservation or agricultural easement.
...6101. of the Revised Code, the board of supervisors of a soil and water conservation district created under Chapter 940. of the Revised Code, the board of trustees of a regional water and sewer district created under Chapter 6119. of the Revised Code, the board of county commissioners of a county, the board of township trustees of a township, or the legislative authority of a municipal corporation may acquire conserv... |
Section 5807.05 | Resignation of trustee - notice - approval.
...s or omissions of the trustee is not discharged or affected by the trustee's resignation. |
Section 5807.06 | Removal of trustee - grounds - protective measures.
...unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries. (C) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order any appropriate relief under division (B) of section 5810.01 of the Revised Code that i... |
Section 5807.07 | Powers and duties of removed or resigned trustee.
...(A) Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property. (B) A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee... |
Section 5807.08 | Compensation of trustee.
...(A) If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the circumstances. (B) If the terms of a trust specify the trustee's compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if the duties of the trustee are substantially different from those contemplated when the trust ... |
Section 5807.09 | Reimbursement of trustee for administrative expenses.
... extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust. (B) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest. |
Section 719.01 | Appropriation of property by municipal corporations.
...ing, heating, and power plants, and for supplying the product thereof; (L) For establishing esplanades, boulevards, parkways, park grounds, and public reservations in, around, and leading to public buildings, and for the purpose of reselling such land with reservations in the deeds as to the future use of such lands, so as to protect public buildings and their environs, and to preserve the view, appearance, light, a... |
Section 719.011 | Powers of impacted city.
...eal estate for use or development for industry, commerce, housing, distribution, or research; or (B) The construction, enlargement, improvement, or equipment and subsequent sale, lease, exchange, or other disposition of such real estate with the structures, equipment, and facilities thereon for industry, commerce, housing distribution, or research. The powers conferred upon impacted cities by this section shall be ... |
Section 719.012 | Appropriation of property and rehabilitation of building or structure.
...01 to 163.22 of the Revised Code, any such building or structure and the real property of which it is a part. The municipal corporation shall rehabilitate the building or structure or cause it to be rehabilitated within two years after the appropriation, so that the building or structure is no longer a public nuisance, insecure, unsafe, structurally defective, unhealthful, or unsanitary, or a threat to the publ... |
Section 719.02 | Appropriation of property outside municipal corporation - payment in lieu of taxes.
...he county treasurer of the county in which such property is located, commencing with the tax year after the removal of such property from the tax duplicate, an amount of money in lieu of taxes equal to the smaller of the following: (A) The last annual installment of taxes due from the acquired property before removal from the tax duplicate; (B) An amount equal to the difference between the combined revenue from rea... |
Section 719.03 | Cemeteries.
...No land shall be purchased for public cemeteries within two hundred yards of a dwelling house without the consent, in writing, of the owner of the tract of land on which such house is situated. If the consent, in writing, of the owner of the tract of land on which such house is situated cannot be obtained, the municipal corporation may appropriate such land for the establishment of a cemetery or for the enlargement o... |
Section 719.031 | Appropriating cemetery property for water lines.
...ants, to take or damage any cemetery, such municipal corporation, after such taking, shall have the same powers regarding the removal of a cemetery as are given to township trustees by section 517.21 of the Revised Code, and the cost of removal shall be paid by the municipal corporation. Such municipal corporation may purchase the necessary land and remove or contract for the removal of those buried, together with al... |
Section 719.04 | Resolution declaring intent to appropriate.
...property, pass a resolution declaring such intent, defining the purpose of the appropriation, and setting forth a pertinent description of the land and the estate or interest therein desired to be appropriated. |
Section 719.05 | Proceedings on passage of appropriation resolution.
...intent to appropriate property, for which but one reading is necessary, cause written notice to be given to the owner of, person in possession of, or person having an interest of record in, every piece of property sought to be appropriated, or to the authorized agent of the owner or other such person. Such notice shall be served by a person designated for the purpose and return made in the manner provided for t... |
Section 719.19 | Interested parties may give bond.
...tioned for the payment of all damage which may be assessed by a jury. Such bond shall be good in law, and if such person pays or deposits according to the order of court, then such street or other highway shall be opened; or, the municipal corporation may make such payment or deposit, and collect the amount of the damages of such person or his sureties. |
Section 719.31 | Preference to be given appropriation proceedings.
...e preference to all proceedings under such application over all other civil cases, except proceedings under sections 119.01 to 119.13, inclusive, of the Revised Code, irrespective of the position of the proceedings on the calendar of the court. In the course of the proceedings the court shall grant no more than two continuances to either party without the consent of both parties. |
Section 721.01 | Lease or sale of municipal property.
...g to the municipal corporation, when such real estate or personal property is not needed for any municipal purpose. Such power shall be exercised in the manner provided by this chapter. |
Section 721.02 | Conveyance of real property to board of education.
...veyed it shall be under the control and supervision of the board. |
Section 721.03 | Lease or sale of real estate - advertisement for bids.
...ion, and by the board or officer having supervision or management of such real estate. When the contract is so authorized, it shall be made in writing by such board or officer, and, except as provided in section 721.27 or 721.29 of the Revised Code, only with the highest bidder, after advertisement once a week for five consecutive weeks in a newspaper of general circulation within the municipal corporation or a... |
Section 721.04 | Use and control of waters and soil of Lake Erie.
...al corporations within the limits of which there is included a part of the shore of the waters of Lake Erie may, in aid of navigation and water commerce, construct, maintain, use, and operate, piers, docks, wharves, and connecting ways, places, tracks, and other water terminal improvements with buildings and appurtenances necessary or incidental to such use, on any land belonging to the municipal corporation held und... |
Section 721.05 | Limitations of rights of municipal corporation regarding lake front.
... owner or his predecessor in title to such upland, a municipal corporation shall not take possession such part of the public domain so filled or improved, without the consent of such upland owner, until the municipal corporation has complied with sections 719.01 to 719.21, inclusive, of the Revised Code. In any such proceeding to appropriate there shall be no compensation allowed to the upland owner for the site of s... |
Section 721.08 | Control and management of territory.
...y, when not otherwise prescribed by the charter of such municipal corporation, provide by ordinance for the manner and by what executive officials the ordinances and laws governing the administration of the territory described in section 721.04 of the Revised Code shall be administered and for the management of such territory and improvements placed thereon. |
Section 721.09 | Application of rentals.
...All rentals or charges made or collected by a municipal corporation for the use of any part of the territory described in section 721.04 of the Revised Code, or for improvements thereon, shall be used only to maintain, improve, or add to improvements in aid of navigation and water commerce. |
Section 721.10 | No retroactive effect.
...Sections 721.04 to 721.09 of the Revised Code have no retroactive effect to validate or add to the effect of any previous act of a municipal corporation concerning territory or public rights described in section 721.04 of the Revised Code. Those sections have no effect, except as expressly provided in sections 721.04 to 721.11 and 1506.10 of the Revised Code, to give any littoral or riparian owner any rights in any t... |
Section 721.11 | Waterfront development - leases - assessments on improvements.
...at waterfront, construct bulkheads at such locations as it approves between the shoreline and the harbor line as fixed by the United States government, make fills with earth or other suitable materials out to those bulkheads, and construct public highways on the filled portions. Leases made pursuant to section 1506.11 of the Revised Code are subject to the right of the municipal corporation to maintain a highway, a ... |
Section 721.12 | Procedure when for passenger railroad station.
...ion, and the legislative authority of such municipal corporation, by ordinance, declares it necessary that such land be devoted to such use, the municipal corporation may sell, lease or exchange such land to a railroad for such purpose as provided in section 721.13 of the Revised Code. |
Section 4905.73 | Jurisdiction.
...irty-day period after the violation or failure to comply occurred or, where appropriate, during such other period after that occurrence as determined reasonable by the commission; (3) Require the public utility to refund or pay to the aggrieved consumer any fees paid or costs incurred by the consumer resulting from the change of the consumer's service provider or providers, or from the resumption of the consum... |
Section 4905.74 | Persistent practice or pattern of violative conduct.
...No public utility shall knowingly engage in a persistent practice or pattern of conduct of violating division (B) of section 4905.72 of the Revised Code. |
Section 4905.75 | Payments to agent not considered past due.
...If a customer makes payment on or before the due date of a bill to an agent designated or authorized by the public utility to accept payment, the payment shall not be considered past due regardless of whether or not it is received in the company offices by the due date. |
Section 4905.79 | Tax credits for costs of service to aid communicatively impaired.
...tilities commission, any affiliate of such a company, that provides any telephone service program implemented after March 27, 1991, to aid persons with communicative impairments in accessing the telephone network shall be allowed a tax credit for the costs of any such program under section 5733.56 of the Revised Code. Relative to any such program, the commission, in accordance with its rules, shall allow interested p... |
Section 4905.80 | State policy regarding motor carriers.
...administration and enforcement of this chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923. of the Revised Code. |
Section 4905.81 | Duties of public utilities commission.
...on shall: (A) Supervise and regulate each motor carrier; (B) Regulate the safety of operation of each motor carrier, and of each intermodal equipment provider as defined in section 4923.041 of the Revised Code; (C) Adopt reasonable safety rules applicable to the highway transportation of persons or property in interstate and intrastate commerce by motor carriers; (D) Adopt safety rules applicable to the transport... |
Section 4905.84 | Annual assessment to pay for TRS service.
...tinuance of such failure is a separate offense. The forfeiture shall be recovered in accordance with sections 4905.55 to 4905.60 of the Revised Code. (F) The jurisdiction and authority granted to the commission by this section is limited to the administration and enforcement of this section. The commission may adopt such rules as it finds necessary to carry out this section. The commission shall adopt rules un... |
Section 4905.86 | Sulfur dioxide emission allowances.
...At the request of an electric light company, the public utilities commission shall provide information and assistance to the electric light company in obtaining any bonus, extension, or other Phase I sulfur dioxide emission allowance that the company may be eligible to receive from the administrator of the United States environmental protection agency under Title IV of the "Clean Air Act Amendments of 1990," 104 Stat... |
Section 4905.87 | Biomass energy program fund.
...(A) To the extent funding is available in the biomass energy program fund, the public utilities commission shall maintain a program to promote the development and use of biomass energy. (B) The biomass energy program fund is hereby created in the state treasury. Money received by the commission for the program maintained under this section shall be credited to the fund, and used for that program. |
Section 4905.90 | Natural gas pipeline safety standards definitions.
...ncluding tenants. Such pipe-line system supplies consumers who purchase the gas directly through a meter, or by paying rent, or by other means. The term includes a master-meter system as defined in 49 C.F.R. 191.3, as amended. The term excludes a pipeline within a manufactured home, mobile home, or a building. (I) "Natural Gas Pipeline Safety Act" means the "Natural Gas Pipeline Safety Act of 1968," 82 Stat. 720, 49... |
Section 4905.91 | Intrastate gas pipe-lines.
...e and the pipe-line safety code. All such grants-in-aid, cash, and reimbursements shall be deposited to the credit of the gas pipe-line safety fund, which is hereby created in the state treasury, to be used by the commission for the purpose of carrying out this section. (6) Enter into a cooperative agreement or a memorandum of understanding with another state agency for consultation services and the exchange o... |
Section 4905.911 | Compliance with federal design requirements.
...new, replaced, relocated, or otherwise changed; (ii) Control corrosion according to requirements of 49 C.F.R. 192 subpart I if the pipeline is metallic; (iii) Establish and carry out a damage prevention program under 49 C.F.R. 192.614; (iv) Establish and carry out a public education program under 49 C.F.R. 192.616; (v) Establish the MAOP of the pipeline under 49 C.F.R. 192.619; (vi) Install and maintain pip... |
Section 4905.92 | Assessments against operators - pipe-line safety fund.
...ll be based on the total Mcfs of gas it supplied or delivered in this state during the calendar year next preceding the assessment. The commission shall not assess against any operator an amount exceeding five one-hundredths of one cent multiplied by such total Mcfs of gas it supplied or delivered, except that, if the commission determines that an assessment so computed will amount to seventy-five dollars or less, th... |
Section 4905.93 | Duties of operator.
...Each operator shall do all of the following: (A) Comply with sections 4905.90 to 4905.96 of the Revised Code and the pipe-line safety code. For the purpose of that compliance, the act or omission of any officer, employee, or agent of an operator, while acting within the scope of his duties or employment, is deemed the act or omission of the operator. (B) Establish and maintain any record, make any report, and provi... |
Section 4905.94 | Operator of master-meter system.
...f a master-meter system has violated or failed to comply with division (B) of this section or has failed to conduct any safety inspection required by sections 4905.90 to 4905.96 of the Revised Code and the pipe-line safety code, or upon request of the operator of the master-meter system. When the commission directs or orders a safety inspection under this division, it shall so notify the natural gas company in writin... |
Section 4905.95 | Notices, hearings and orders of commission.
...han one hundred thousand dollars for each day of each violation or noncompliance, except that the aggregate of such forfeitures shall not exceed one million dollars for any related series of violations or noncompliances. In determining the amount of any such forfeiture, the commission shall consider all of the following: (i) The gravity of the violation or noncompliance; (ii) The operator's history of prior v... |
Section 4905.96 | Civil action against operator.
...er of the commission or decision of the supreme court affirming or modifying that order when the civil action to enforce that order or decision is brought in the court of common pleas. The order or decision is a mandate to the court of common pleas for execution of the order or decision. The issue of an operator's compliance with the order or decision shall be heard in a hearing before the court of common pleas. |
Section 4905.99 | Penalty.
...(A) Whoever violates section 4905.52 of the Revised Code shall be fined not less than fifty nor more than five hundred dollars. (B) Whoever violates section 4905.56 of the Revised Code is guilty of a felony of the fifth degree. (C) Whoever violates section 4905.74 of the Revised Code is guilty of a misdemeanor of the third degree. |
Section 4906.01 | Power siting definitions.
...As used in Chapter 4906. of the Revised Code: (A) "Person" means an individual, corporation, business trust, association, estate, trust, or partnership or any officer, board, commission, department, division, or bureau of the state or a political subdivision of the state, or any other entity. (B)(1) "Major utility facility" means: (a) Electric generating plant and associated facilities designed for, or capable ... |
Section 4906.02 | Power siting board organization.
...m the application fee, or if necessary, supplemental application fees assessed in accordance with division (F) of section 4906.06 of the Revised Code. (E) The board's offices shall be located in those of the public utilities commission. |
Section 4906.021 | Ad hoc member requirement, qualifications.
... the half, blood, or by marriage; (c) Children, including adopted children; and (d) Parents. (2) "Material amendment" and "utility facility" have the same meanings as in section 303.57 of the Revised Code. (B) Whenever an application is made to the power siting board for a certificate or a material amendment to an existing certificate for a utility facility, the board shall include two voting ad hoc members ... |
Section 4906.022 | Ad hoc member designation.
...otification that an application, for which an ad hoc member shall be included, has been found to be in compliance with division (A) of section 4906.06 of the Revised Code by the chairperson of the power siting board or the chairperson's designee and is accepted by the board. (B) The ad hoc members shall be designated in accordance with the requirements set forth in division (C) of section 4906.021 of the Revised Co... |
Section 4906.023 | Limitation on ad hoc member of intervening township or county.
...ene in a power siting board case for which it is entitled to have a voting ad hoc member under section 4906.02 of the Revised Code, the member shall not vote on the resolution to intervene, unless the member designates another individual to serve as the ad hoc member. A designee under this section shall meet the requirements of division (E) of section 4906.021 of the Revised Code. |
Section 4906.024 | Ex parte communication exemption and requirements for ad hoc members.
... on ex parte communications. (B) If such an ad hoc member communicates with a party, including any party who is an intervenor, to a board proceeding, the ad hoc member and the party shall disclose the following to the board: (1) The date of the conversation; (2) All participants in the conversation who are parties to the case. |
Section 4906.025 | Ad hoc member confidentiality requirements.
...ceedings, or the circumstances under which the information was received, warrants its confidentiality; (2) Preserving its confidentiality is necessary to the proper conduct of governmental activities. |
Section 3123.24 | Access restriction defined.
...For the purposes of sections 3123.24 to 3123.38 of the Revised Code, "access restriction" means that funds may not be withdrawn or transferred. |
Section 3123.25 | Account information of obligor in default entered into case registry.
...f the Revised Code, the office of child support in the department of job and family services finds or receives notice that identifies an obligor in default who maintains an account with a financial institution, the office shall, within one business day, enter the information into the case registry established pursuant to section 3121.81 of the Revised Code. (B) If a child support enforcement agency, upon notice or ... |
Section 3123.26 | Restrictions on account placed by financial institution.
...h respect to the obligor from the child support enforcement agency. The access restriction shall remain on the account until the financial institution complies with a withdrawal directive under section 3123.37 of the Revised Code or a court or child support enforcement agency orders the financial institution to remove the access restriction. A copy of the access restriction notice shall be sent to the obligor at the... |
Section 3123.27 | Investigating account.
...The child support enforcement agency may investigate and determine the amount of funds in the account that is available to satisfy the obligor's arrearages under a support order. The financial institution shall cooperate with the agency's investigation. |
Section 3123.28 | Withdrawal directive.
...If a child support enforcement agency that completes an account investigation does not find that any person other than the obligor has an ownership interest in the account, it shall issue a withdrawal directive pursuant to section 3123.37 of the Revised Code. |
Section 3123.29 | Notice to other person with ownership interest in account.
...If a child support enforcement agency finds that a person other than an obligor has an ownership interest in an account, the agency shall send written notice by first-class mail to that person at an address for that person contained in records of the financial institution, except that if the address of that person is not contained in records of the financial institution, the agency shall send the notice to that perso... |
Section 3123.30 | Notice contents.
...e obligor as determined by the court or child support enforcement agency, the amount that will be withdrawn, the type of account from which the amount will be withdrawn, and the name of the financial institution from which the amount will be withdrawn; (B) A statement that the person may object to the withdrawal by filing with the agency, no later than fourteen days after the date on which the notice is issued, a w... |
Section 3123.31 | Administrative hearing request.
...the withdrawal by filing with the child support enforcement agency that sent the notice a written request for an administrative hearing to determine whether any amount contained in the account is the property of that person and should not be subject to the withdrawal directive. |
Section 3123.32 | Withdrawal directive where no hearing request.
...or an administrative hearing, the child support enforcement agency that sent the notice shall send a withdrawal directive to the financial institution pursuant to section 3123.37 of the Revised Code. A copy of this notice shall be sent to the obligor. |
Section 3123.33 | Hearing.
...quests it in a timely manner, the child support enforcement agency that sent the notice shall conduct an administrative hearing no later than ten days after the date the person files the request for the hearing. No later than five days before the date the hearing is to be conducted, the agency shall send the person written notice of the date, time, place, and purpose of the hearing. At the hearing, the agency shall ... |
Section 3123.34 | Releasing access restriction on account.
...If a child support enforcement agency determines that the total amount in an account is the property of a person who is not the obligor from whom payment is sought, it shall order the financial institution to release the access restriction on the account and shall take no further enforcement action on the account. A copy of this notice shall be sent to the obligor. If the agency determines that some of the funds in t... |
Section 3123.35 | Court determination of amount of account belonging to other person.
...that is located in the county where the child support enforcement agency issued the order, the court shall hold a hearing on the request no later than fourteen days after the request is filed. The person who filed the motion shall be considered a temporary party only for the purposes of objecting to the determination made pursuant to section 3123.33 of the Revised Code. No later than five days before the date on whic... |
Section 3123.36 | Court order for full or partial release of account.
...If the court determines pursuant to a hearing under section 3123.35 of the Revised Code that all of the funds in the account are the property of the person described in section 3123.34 of the Revised Code, it shall order the financial institution to release the access restriction on the account and to take no further enforcement action on the account. If the court determines that some of the funds in the account are ... |
Section 3123.37 | Contents of withdrawal directive.
...rom the account to the office of child support. (B) The withdrawal directive shall contain the following information: (1) The name, address, and social security number or taxpayer identification number of the obligor; (2) A statement that the obligor has been determined to be in default under a support order; (3) The amount of the arrearage owed by the obligor as determined by the court or child support enf... |
Section 3123.38 | Financial institution imposing access restriction - immunity.
...A financial institution is not subject to criminal or civil liability for imposing an access restriction on an account or complying with a withdrawal directive pursuant to sections 3123.24 to 3123.38 of the Revised Code or for any other action taken in good faith pursuant to those sections. |
Section 3123.41 | Board, license defined.
...er agency of this state, other than the supreme court, that has the authority to issue a license that authorizes an individual to engage in an occupation or profession. "Board" includes an administrative officer that has authority to issue a license that authorizes an individual to engage in an occupation or profession. (B) "License" includes a license, certificate, permit, registration, or other authorization to en... |
Section 3123.42 | Determining whether defaulting obligor is license holder.
...hild support order. (B) The individual fails, after receiving appropriate notice, to comply with a subpoena or warrant issued by the court or child support enforcement agency with respect to a proceeding to enforce the child support order. |
Section 3123.43 | Notice to obligor and licensing board.
...ault under a child support order or has failed to comply with a warrant or subpoena issued by a court or agency with respect to a proceeding to enforce a child support order. |
Section 3123.44 | Contents of notice to obligor.
...at the individual is an obligor who has failed to comply with a subpoena or warrant issued by a court or agency with respect to a proceeding to enforce a child support order, that a notice containing the individual's name and social security number or other identification number may be sent to every board that has authority to issue or has issued the individual a license, and that, if the board receives that no... |
Section 3123.45 | Notice to board if obligor is not in default.
...A child support enforcement agency that sent a notice to a board of an individual's default under a child support order shall send to each board to which the agency sent the notice a further notice that the individual is not in default if it determines that the individual is not in default or any of the following occurs: (A) The individual makes full payment to the office of child support in the department of... |
Section 3123.46 | Notice to board if obligor is no longer out of compliance.
... a notice to a board of an individual's failure to comply with a warrant or subpoena shall send to each board to which the agency sent the notice a further notice that the individual is no longer out of compliance if the court or agency that issued the warrant or subpoena removes the warrant or determines that the obligor has complied with the subpoena. The agency shall send the notice under this section not later t... |
Section 3123.47 | Refusal, nonrenewal or suspension of license of obligor.
...On receipt of a notice pursuant to section 3123.43 of the Revised Code, a board shall determine whether the individual named in the notice holds or has applied for a license from the board. If the board determines that the individual holds or has applied for a license and the individual is the individual named in the notice and does not receive a notice pursuant to section 3123.45 or 3123.46 of the Revised Code, the... |
Section 3123.471 | File of notices concerning obligors not currently licensed.
...oard shall maintain a file containing each notice it receives pursuant to section 3123.43 of the Revised Code that names an individual who does not hold a license issued by the board. On receipt of an application for a license from such an individual, the board shall proceed in accordance with section 3123.47 of the Revised Code. |
Section 3123.48 | Issuing license when obligor becomes eligible.
...Code, end the suspension. The board may charge a fee of not more than fifty dollars to issue or renew or end the suspension of a license pursuant to this section. |
Section 3123.49 | Hearing.
...Notwithstanding section 119.06 of the Revised Code, a board shall not hold any hearing in connection with an order refusing to issue or renew a license for, or suspending a license of, an individual pursuant to section 3123.47 of the Revised Code. |