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Offense: DUS FAIL PAY/APR - CH SUP
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Section 4115.07 | Full payment of wages - records.

...e of wages shall make full payment of such wages in legal tender, without any deduction for food, sleeping accommodations, transportation, use of small tools, or any other thing of any kind or description. This section does not apply where the employer and employee enter into an agreement in writing at the beginning of any term of employment covering deductions for food, sleeping accommodations, or other similar item...

Section 4115.071 | Prevailing wage coordinator.

... with any contracting public authority, supply to the prevailing wage coordinator of the contracting public authority a schedule of the dates during the life of the contract with the authority on which the contractor or subcontractor is required to pay wages to employees. The contractor or subcontractor shall also deliver to the prevailing wage coordinator a certified copy of the contractor's or subcontractor's payro...

Section 4115.08 | Failure to ascertain prevailing rates of wages.

...e advertising for bids or undertaking such construction with those forces, to have the director of commerce determine the prevailing rates of wages of mechanics and laborers for the class of work called for by the public improvement in the locality where the work is to be performed, as provided in section 4115.04 of the Revised Code.

Section 4115.09 | Awarding of contract without ascertaining prevailing rates of wages.

... any contract for the construction of such improvement, or vote for the disbursement of any funds on account of the construction of such public improvement, unless such public authority has first had the director of commerce determine the prevailing rates of wages of mechanics and laborers for the class of work called for by such public improvement in the locality where the work is to be performed, as provided in sec...

Section 4115.10 | Prohibitions.

...e Revised Code. (F) For the purpose of supplementing existing resources and to assist in enforcing division (E) of this section, the director may contract with a person registered as a public accountant under Chapter 4701. of the Revised Code to conduct an audit of a person, firm, corporation, or public authority. (G) No contractor or subcontractor shall be responsible for the payment of the penalties provided...

Section 4115.101 | Prevailing wage custodial fund.

...prevailing wage custodial fund to the industrial compliance operating fund.

Section 4115.11 | Paying wages in full in cash.

...Employers who have not established a plan, by a labor agreement or otherwise, for the provision of wages as defined in division (E)(2) of section 4115.03 of the Revised Code shall pay the prevailing rates of wages in full in cash.

Section 4115.12 | Administrative rules for contractors and subcontractors.

...to 4115.16 of the Revised Code, and to achieve the purposes of those sections, the director of commerce may adopt reasonable rules, not inconsistent with those sections, for contractors and subcontractors engaged in the construction, prosecution, completion, or repair of a public improvement financed in whole or in part by any public authority.

Section 4115.13 | Investigations - determinations.

...cer of the contractor or subcontractor fails to timely appeal the determination, the director or designated representative shall adopt the determination as a finding of fact for purposes of division (D) of this section. The director or designated representative, in the performance of any duty or execution of any power prescribed by sections 4115.03 to 4115.16 of the Revised Code, may hold hearings, and such he...

Section 4115.131 | Contract disputes.

... a public authority, cause to be made such investigation and hearing as the director deems necessary and render a decision embodying the director's findings and conclusions. Unless finally reversed on appeal to the courts, the decision of the director shall form the basis for decision of any complaint on the same facts filed pursuant to sections 4115.03 to 4115.16 of the Revised Code.

Section 4115.132 | Director of commerce - investigatory powers.

...er investigation. In case of contumacy, failure, or refusal of any person, contractor, or subcontractor to obey the order, any court of common pleas having jurisdiction of the person, contractor, or subcontractor, upon application of the director or representative designated by the director shall have jurisdiction to issue to the person, contractor, or subcontractor an order requiring the person, contractor, or subco...

Section 4115.133 | Filing list of convicted contractors, subcontractors, and officers of contractors and subcontractors.

...f the final judgment of a court. (B) Each contractor, subcontractor, or officer of a contractor or subcontractor who has been prosecuted and convicted for violations of or is found to have intentionally violated sections 4115.03 to 4115.16 of the Revised Code is prohibited from contracting directly or indirectly with any public authority for the construction of a public improvement or from performing any work on the...

Section 4115.14 | Written notice of noncompliance.

...all give notice thereof in writing to such person or public authority pursuant to section 4115.15 of the Revised Code. Sufficient time shall be allowed for compliance therewith as the director deems necessary not to exceed thirty days from the date of notice. At the expiration of the time prescribed in such notice, the director shall in writing inform the attorney general of the fact that such notice has been given ...

Section 4115.15 | Notice to halt work.

...lted on the part of the contract for which less than the prevailing rate of wages has been paid, until the defaulting contractor has filed with the director a bond in an amount of such penal sum as the director shall set, conditioned upon payment of the prevailing rate of wages.

Section 4115.16 | Filing complaint.

...ntative may take more time than that which is provided in this section to conclude the investigation and make a determination if the director, or the designated representative, and all parties to the complaint agree to a different time frame. If the director has not ruled on the merits of the complaint within the time provided under this section the interested party may file a complaint in the court of common p...

Section 4115.21 | Time for filing complaint.

...etion of the public improvement upon which the violation is alleged to have occurred or be barred from further administrative action under this chapter.

Section 4115.99 | Penalty.

...econd degree for a first offense; for each subsequent offense such person is guilty of a misdemeanor of the first degree.

Section 4116.01 | Unlawful labor requirements in public improvement contracts definitions.

...unicipal corporation that has adopted a charter under sections three and seven of article XVIII of the Ohio Constitution, unless the specific contract for a public improvement includes state funds appropriated for the purposes of that public improvement. (B) "Construction" means all of the following: (1) Any new construction of any public improvement performed by other than full-time employees who have complete...

Section 4116.02 | Labor requirements not to be imposed on contractor or subcontractor.

...eement for the public improvement to which the public authority and a contractor or subcontractor are direct parties, do not require a contractor or subcontractor to do any of the following: (A) Enter into agreements with any labor organization on the public improvement; (B) Enter into any agreement that requires the employees of that contractor or subcontractor to do either of the following as a condition of emplo...

Section 4116.03 | Public authority - prohibited acts.

...No public authority shall do any of the following: (A) Award a contract for a public improvement in violation of section 4116.02 of the Revised Code; (B) Discriminate against any bidder, contractor, or subcontractor for refusing to become a party to any agreement with any labor organization on the public improvement that currently is under bid or on projects related to that improvement; (C) Otherwise violate secti...

Section 4116.04 | Complaints - attorney fees.

...e within two years after the date on which the contract is signed for the public improvement in the court of common pleas of the county in which the public improvement is performed. The performance of the contract forms the basis of the allegation of a violation. The court in which the complaint is filed shall hear and decide the case and, upon a finding that a violation has occurred, shall void the contract and mak...

Section 4117.01 | Public employees' collective bargaining definitions.

...e" means continuous concerted action in failing to report to duty; willful absence from one's position; or stoppage of work in whole from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing a change in wages, hours, terms, and other conditions of employment. "Strike" does not include a stoppage of work by employees in good faith because of dang...

Section 4117.02 | State employment relations board.

... to discharge these duties diligently, failure to mail any notice or copy, or to so consult with any person, is not jurisdictional and shall not be construed to invalidate any proceeding or action of the state employment relations board. (L) In case of neglect or refusal to obey a subpoena issued to any person, the court of common pleas of the county in which the investigation or the public hearing occurs, upo...

Section 4117.03 | Rights of public employees.

...ng in, except as otherwise provided in Chapter 4117. of the Revised Code, any employee organization of their own choosing; (2) Engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection; (3) Representation by an employee organization; (4) Bargain collectively with their public employers to determine wages, hours, terms and other conditions of employment an...

Section 4117.04 | Public employers exclusive representative.

...iate bargaining unit and the right to unchallenged and exclusive representation for a period of not less than twelve months following the date of certification and thereafter, if the public employer and the employee organization enter into an agreement, for a period of not more than three years from the date of signing the agreement. For the purposes of this section, extensions of agreements shall not be construed to...

Section 6117.15 | Trial in probate court.

...ation within the county a notice that such appeal has been made and stating the time and place of such trial. The first publication shall be at least fifteen days before such trial, and the second publication shall be at least eight days before such trial. At the time so fixed the parties shall offer their evidence to the court upon the matters appealed from. The rules of law and procedure governing civil cases in th...

Section 6117.16 | Action when more than one party appeals.

...and tried together, but the rights of each person, firm, or corporation as to the inclusion of their property in the assessment district or as to the apportionment of the tentative assessment shall be separately determined by the court in its verdict.

Section 6117.17 | Court findings.

...bate court shall find separately upon each claim for adjustment of the apportionment of the tentative assessment, if the appeal is from the judgment of the board of county commissioners in reference to apportionment of such assessment. The court shall determine whether the improvement petitioned for or granted will be necessary for the public health, convenience, or welfare, or whether the cost of it will exceed the ...

Section 6117.18 | Record - costs.

...n one side of the case and part of them fail, the court shall make such order as to costs as it deems equitable. In cases not specifically provided for, the court shall render such judgment in respect to costs as is equitable. The board of county commissioners shall pay any costs adjudged against it out of the county treasury.

Section 6117.19 | Appeal made in reference to necessity of improvement.

...ll exceed the benefits resulting from such improvement, the board shall abandon the improvement. If it appears from such transcript that the improvement is necessary for the public health, convenience, and welfare and that the cost thereof will not exceed the benefits resulting therefrom, the board may proceed with the improvement.

Section 6117.20 | Appeal made in reference to boundaries of assessment district or to tentative assessment.

...es of the assessment district should be changed or that the tentative assessment should be modified, the board may make such changes or modifications and proceed with the improvement, provided that the necessity of such improvement has not been denied by the probate court or the cost thereof found to exceed the benefits resulting from such improvement.

Section 6117.21 | Judgment establishing improvement.

...it shall render judgment establishing such improvement, unless it grants a new trial, and the improvement shall henceforth be established unless the judgment of said court is reversed on appeal.

Section 6117.22 | Fees and compensation of officers.

...ntitled to the fees and compensation which they are entitled to by law for like services in other cases.

Section 6117.23 | Appeal from probate court.

...The final judgment of the probate court may be reviewed on appeal as in other cases. If an appeal is prosecuted from the judgment of the probate court as to the necessity of the improvement, the construction of the improvement shall be deferred until the appeal is finally disposed of. If an appeal is prosecuted from the judgment of the court as to the inclusion of any property in the assessment district or as to the...

Section 6117.24 | Manifest error in proceedings.

...Any court in which an action is brought to enjoin, reverse, or declare void the proceedings by which any improvement has been made or ordered to be made under sections 6117.01 to 6117.45, inclusive, or 6103.02 to 6103.30, inclusive, of the Revised Code, or to enjoin a collection of a tax or assessment levied for such purpose, or any part thereof, or to which appeal is taken under section 6117.09 of the Revised Code t...

Section 6117.25 | Payment for costs of improvement.

...ng any improvement provided for in this chapter, including the payment of a county sanitary engineer and the sanitary engineer's assistants and other necessary expenses. Insofar as such expenses relate to the construction of a permanent improvement, they may be considered as part of the cost of such improvement and bonds may be issued therefor. (B) Bonds and notes in anticipation thereof, including bonds iss...

Section 6117.251 | Sanitary or drainage facility improvements.

...he district, that the improvements, which shall be generally described in the resolution, shall be constructed, that funds are required to pay the preliminary costs of the improvements to be incurred prior to the commencement of the proceedings for their construction, and that those funds shall be provided in accordance with this section. (B) Prior to the adoption of the resolution, the board shall give noti...

Section 6117.27 | Contracts for construction of improvements.

...shall pay the contract price in cash. Such payment may be made in proper installments as the work progresses. When there is reason to believe that there is collusion or combination among the bidders, the bids of those concerned therein shall be rejected. Whenever it becomes necessary, in the opinion of such board, in the prosecution of any such work or improvements, to make alterations or modifications in such contra...

Section 6117.28 | Petition by landowners for improvements.

...ility improvement provided for in this chapter, by petition in writing, request the board of county commissioners to provide for the acquisition or construction, maintenance, and operation of the improvement, describing the improvement and the lots and lands owned by them respectively to be assessed to pay the cost of acquisition or construction, maintenance, and operation of the improvement and consenting that the...

Section 6117.29 | Cost of improvement to include engineering, necessary publications, inspection, interest on public obligations.

...of any improvement provided for in this chapter and the cost of its maintenance and operation shall include, in addition to the cost of its acquisition or construction, the cost of engineering, necessary publications, inspection, interest on public obligations, and all other items of cost incident to the improvement as described in division (B) of section 133.15 of the Revised Code. The county may pay from availabl...

Section 6117.30 | Assessment district assessments.

...The cost of the acquisition or construction of sanitary or drainage facilities or prevention or replacement facilities to be paid by assessments shall be assessed, as an assessment district assessment, upon all the property within the county sewer district found to be benefited in accordance with the special benefits conferred, less any part of the cost that is paid by the county at large from other available f...

Section 6117.31 | Actual costs - collection.

...t thereof shall be ascertained and to such actual cost shall be added an amount equal to the interest accrued and to accrue before the first installment of such assessment is collected upon certificates of indebtedness and upon bonds authorized by such sections or upon the contribution of the county to be paid from the assessment under an agreement pursuant to section 6121.13 of the Revised Code, between the county a...

Section 6117.311 | Levying tax and issuing bonds to pay costs of improvement.

... the cost of any improvement under this chapter in a sewer district created under the provisions of section 6117.01 of the Revised Code, or in a designated subdistrict thereof, the board of county commissioners may levy a tax under Chapter 5705. of the Revised Code upon all of the property listed and assessed for taxation in such sewer district or subdistrict and may authorize, issue, and execute bonds under the prov...

Section 6117.32 | Revised assessment.

...any improvement in accordance with this chapter, shall prepare, or otherwise cause to be prepared, and shall present to the board of county commissioners a revised assessment based on the tentative assessment previously ratified by the board for the improvement or, if the tentative assessment has been revised by order of court, based on the revised tentative assessment, the assessment levied on each piece of propert...

Section 6117.33 | Annual certification of assessments.

...section 6117.061 of the Revised Code. Such assessment, including the assessments deferred by the board pursuant to section 6117.061 of the Revised Code, shall bear interest at the rate that the bonds authorized by section 6117.25 of the Revised Code bears, or at the rate that the contribution of the county to be paid from the assessment under an agreement pursuant to section 6121.13 of the Revised Code, between the c...

Section 6117.34 | Complaint of unsanitary conditions.

... order and proceed as provided in this chapter to establish a county sewer district, if required, to provide the necessary funds, to acquire or construct the facilities, and to maintain and operate the facilities, as required by the order and in a manner that is satisfactory to the director. Any part or all of the cost of the facilities or of the maintenance and operation of the facilities may be assessed upon...

Section 6117.36 | Writ of mandamus.

...17.40 of the Revised Code, and by any such order and notice of the director, such order may be enforced by a writ of mandamus issued by any court authorized to issue such writs.

Section 6117.37 | Recovery of fine, forfeiture, or penalty.

...tate, in the court of common pleas of such county, or such action may be commenced and prosecuted by the attorney general in such county or in Franklin county, as privided by law.

Section 6117.38 | Sewerage or drainage outside district.

... installments as a part of a connection charge to be collected in accordance with division (B) or (D) of section 6117.02 of the Revised Code, or if the properties to be served are located within the county, the same amount may be assessed against those properties, and, in that event, the manner of making the assessment, together with the notice of it, shall be as provided in this chapter. (B) Whenever sanitary or dr...

Section 6117.39 | Acquisition or purchase of property.

...pensation for the property and shall be supported by an independent appraisal, together with any damages to the residue. The board shall deposit the compensation so determined, together with an amount for the damages to the residue, with the probate court or the court of common pleas of the county in which the property, or a part of it, is situated. Except as otherwise provided in this division, the power to ap...