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Ohio Revised Code Search

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Ohio public employee retirement system
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Section 4905.60 | Writ of mandamus - injunction.

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

Section 4905.61 | Treble damages.

...If any public utility or railroad does, or causes to be done, any act or thing prohibited by Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4927. of the Revised Code, or declared to be unlawful, or omits to do any act or thing required by the provisions of those chapters, or by order of the public utilities commission, the public utility or railroad is liable to the person, firm, or corporation injured...

Section 4905.62 | Limitation.

...y, water-works company, sewage disposal system company, or heating and cooling company shall be granted or transferred to any corporation not incorporated under the laws of this state.

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

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

Section 4905.64 | Forfeiture shall be cumulative.

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

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

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

Section 4905.70 | Energy conservation programs.

...The public utilities commission shall initiate programs that will promote and encourage conservation of energy and a reduction in the growth rate of energy consumption, promote economic efficiencies, and take into account long-run incremental costs. Notwithstanding sections 4905.31, 4905.33, 4905.35, and 4909.151 of the Revised Code, the commission shall examine and issue written findings on the declining block rate ...

Section 4905.71 | Filing tariffs for charges for attachment to pole or conduit use of equipment.

...one or electric light company that is a public utility as defined by section 4905.02 of the Revised Code and, subject to section 4927.15 of the Revised Code, every incumbent local exchange carrier as defined by section 4927.01 of the Revised Code shall permit, upon reasonable terms and conditions and the payment of reasonable charges, the attachment of any wire, cable, facility, or apparatus to its poles, pedestals, ...

Section 4905.72 | Changes in provider of natural gas service or public telecommunications service to consumer.

...al call routing, but does not include a system, including its construction, maintenance, or operation, for the provision of telecommunications service, or any portion of such service, by any entity for the sole and exclusive use of that entity, its parent, a subsidiary, or an affiliated entity, and not for resale, directly or indirectly; the provision of terminal equipment used to originate telecommunications service...

Section 4905.73 | Jurisdiction.

...(A) The public utilities commission, upon complaint by any person or complaint or initiative of the commission, has jurisdiction under section 4905.26 of the Revised Code regarding any violation of division (B) of section 4905.72 of the Revised Code by a public utility. (B) Upon complaint or initiative under division (A) of this section, if the commission finds, after notice and hearing pursuant to section 49...

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.

...n 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.

... Revised Code, or, as authorized by the public utilities 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 acc...

Section 4905.80 | State policy regarding motor carriers.

...p and preserve a highway transportation system properly adapted to the needs of commerce and the state; (E) Cooperate with the federal government and the several states, and the authorized officials thereof, and with any organization of motor carriers in the 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.

...The public utilities commission 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 rule...

Section 4905.84 | Annual assessment to pay for TRS service.

...provider for providing such service in Ohio. The commission shall determine the appropriate service providers to be assessed the telecommunications relay service costs, including telephone companies as defined in division (A) of section 4905.03 of the Revised Code, commercial mobile radio service providers, and providers of advanced services or internet protocol-enabled services that are competitive with or fu...

Section 4905.86 | Sulfur dioxide emission allowances.

...quest 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. 2584, 4...

Section 4905.87 | Biomass energy program fund.

...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.

...sing plant, the inlet of a distribution system, or to a transmission line. (E) "Gas processing plant" means a plant that processes raw natural gas into merchantable products, including transmission quality gas or natural gas liquids and also may include a plant that treats raw natural gas to remove impurities such as carbon dioxide, helium, nitrogen or water. (F) "Intrastate pipe-line transportation" has the same m...

Section 4905.91 | Intrastate gas pipe-lines.

...1:1-16-05, and rule 4901:1-16-06 of the Ohio Administrative Code shall also apply to gathering lines. The procedural rules under chapter 4901:1-16 of the Ohio Administrative Code shall also apply to operators of gathering lines that are not gathering pipelines or processing plant gas stub pipelines.

Section 4905.911 | Compliance with federal design requirements.

...sion (A)(2) of this section: (a) The public utilities commission shall require an operator of either of the following types of pipelines that was completely constructed on or after September 10, 2012, and that transports gas produced by a horizontal well to comply with the applicable pipe design requirements of 49 C.F.R. 192 subpart C: (i) A gas gathering pipeline; (ii) A processing plant gas stub pipeline. ...

Section 4905.92 | Assessments against operators - pipe-line safety fund.

...ection 4905.10 of the Revised Code, the public utilities commission shall assess against all operators an amount equal to the appropriation in each fiscal year from the pipe-line safety fund. The assessment against each operator shall 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 ...

Section 4905.93 | Duties of operator.

...ce, 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 provide any information and evidence the commission requires to administer and enforce sections 4905.90 to 4905.96 of the Revised Code and the pipe-line safety code; (C) Permit ...

Section 4905.94 | Operator of master-meter system.

...r of a master-meter system shall permit employees and agents of a natural gas company to perform a safety inspection pursuant to division (C)(1) of this section and to review the operator's maps and records. The natural gas company shall report the findings of the safety inspection to the commission within thirty days after the inspection. (D) The commission shall permit a natural gas company to recover all reasonab...

Section 4905.95 | Notices, hearings and orders of commission.

...ivision (C) of this section: (1) The public utilities commission, regarding any proceeding under this section, shall provide reasonable notice and the opportunity for a hearing in accordance with rules adopted under section 4901.13 of the Revised Code. (2) Sections 4903.02 to 4903.082, 4903.09 to 4903.16, and 4903.20 to 4903.23 of the Revised Code apply to all proceedings and orders of the commission under t...

Section 5119.23 | Allocations of funds for local mental health and addiction services continuums of care.

...(A) The department of behavioral health shall establish a methodology for allocating to boards of alcohol, drug addiction, and mental health services the funds appropriated by the general assembly to the department for the purpose of the community-based continuum of care that each board establishes under section 340.032 of the Revised Code. The department shall establish the methodology after notifying and consulting...

Section 5119.24 | Annual report by boards specifying use of funds.

...(A) As used in this section, "administrative function" means a function related to one or more of the following: (1) Continuous quality improvement; (2) Utilization review; (3) Resource development; (4) Fiscal administration; (5) General administration; (6) Any other function related to administration that is required by Chapter 340. of the Revised Code. (B) Each board of alcohol, drug addiction, and m...

Section 5119.25 | Withholding of funds for failure to comply with statutory or regulatory provisions.

...(A) The director of behavioral health may withhold funds, in whole or in part, that otherwise are to be allocated to a board of alcohol, drug addiction, and mental health services under section 5119.23 of the Revised Code if either of the following circumstances apply: (1) The board fails to comply with Chapter 340. or 5119. of the Revised Code or rules of the department of behavioral health; (2) The board denies...

Section 5119.26 | Civil rights and liberties of patients.

...Any person treated under this chapter or rules adopted under it shall retain the person's civil rights and liberties, including the right not to be experimented upon with treatment not accepted as good medical practice without the person's fully informed consent, the right as a person receiving services to maintain the confidentiality of health and medical records, the right as a person detained for medical pur...

Section 5119.27 | Confidentiality of records pertaining to identity, diagnosis or treatment.

...(A) As used in this section: (1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code. (2) "Federally assisted," "program," and "substance use disorder" have the same meanings as in 42 C.F.R. 2.11 and as further described in 42 C.F.R. 2.12(b). (3) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code. (B) In accordance with 42...

Section 5119.28 | Confidentiality of records pertaining to person's mental health condition, assessment, provision of care or treatment, or payment for assessment, care or treatment.

...uation, reporting activities, research, system administration, oversight, or other authorized purposes. (9) That a person's family member who is involved in the provision, planning, and monitoring of services to the person may receive medication information, a summary of the person's diagnosis and prognosis, and a list of the services and personnel available to assist the person and the person's family, if the pers...

Section 5119.29 | Tracking and monitoring after release of persons found not guilty by reason of insanity or persons found incompetent to stand trial.

...lth boards, shall develop a coordinated system for tracking and monitoring persons found not guilty by reason of insanity and committed pursuant to section 2945.40 of the Revised Code who have been granted a conditional release and persons found incompetent to stand trial and committed pursuant to section 2945.39 of the Revised Code who have been granted a conditional release. The system shall do all of the following...

Section 5119.30 | Program providing information and services to courts.

...The department of behavioral health promptly shall develop and maintain a program that continually provides the courts of this state with relevant information pertaining to addiction services and programs available both within their jurisdictions and statewide in order to facilitate the ability of the courts to utilize treatment and rehabilitation alternatives in addition to or in lieu of imposing sentences of impris...

Section 5119.31 | Procedure for purchase of supplies.

...tive services adopts. All bids shall be publicly opened on the day and hour and at the place specified in the advertisement. Preference shall be given to bidders in localities wherein the institution is located, if the price is fair and reasonable and not greater than the usual price; but bids not meeting the specifications shall be rejected. The department of administrative services may require such security as ...

Section 5119.311 | Examining mental and physical condition of confined person.

...The department of behavioral health may examine into, with or without expert assistance, the question of the mental and physical condition of any person committed to or involuntarily confined in any hospital for persons with mental illnesses, or restrained of liberty at any place within this state by reason of alleged mental illness and may order and compel the discharge of any such person who is not a person with a ...

Section 5119.32 | Utilizing federal block grant funds.

...services block grant authorized by the "Public Health Services Act," 95 Stat. 357, 543, 42 U.S.C. 300x, as amended, and similar alcohol, drug abuse, or mental health programs that are specified in an appropriations act.

Section 5119.33 | Inspecting and licensing of hospitals for mentally ill persons.

...r the director of behavioral health; an employee of the department; a board of alcohol, drug addiction, and mental health services or employee of a community mental health services provider; nor any other public official shall hospitalize any person with a mental illness for care or treatment in any hospital that is not licensed in accordance with this section. (D)(1) The department may issue an order suspending t...

Section 5119.331 | Injunction.

...If the department of behavioral health determines that a hospital not licensed by the department is receiving for care or treatment any person who is or appears to have a mental illness, the department may request in writing that the attorney general petition the court of common pleas in the county where the hospital is located to enjoin the hospital from continued operation in violation of section 5119.33 of the Rev...

Section 5119.332 | Payments and reimbursements to unlicensed hospital.

...No third-party payer shall directly or indirectly reimburse, nor shall any person be obligated to pay any hospital for psychiatric services for which a license is required under section 5119.33 of the Revised Code unless the hospital is licensed by the department of behavioral health. As used in this section, "third-party payer" means a health insuring corporation licensed under Chapter 1751. of the Revised Code, ...

Section 5119.333 | Prohibiting keeping or maintaining unlicensed hospital.

...No person shall keep or maintain a hospital for the care or treatment of persons with mental illnesses unless it is licensed by the department of behavioral health, as provided by section 5119.33 of the Revised Code.

Section 5119.334 | Notice of adverse action - hospitals.

...(A) As used in this section, "adverse action" means an action by a state, provincial, federal, or other licensing or regulatory authority other than the department of behavioral health to deny, revoke, suspend, place on probation, or otherwise restrict a license, certificate, or other approval to operate a hospital or practice a health care profession. (B)(1) When submitting an application for initial or renewed l...

Section 5119.34 | Inspecting and licensing of residential facilities.

...esidential facility at any time: (1) Employees designated by the director of behavioral health; (2) Employees of an ADAMHS board under either of the following circumstances: (a) When a resident of the facility is receiving services from a community mental health services provider under contract with that ADAMHS board or another ADAMHS board; (b) When authorized by section 340.05 of the Revised Code. (3...

Section 5119.341 | Operations as permitted use.

...(A) Any person may operate a residential facility providing accommodations and personal care services for one to five unrelated persons and licensed as a residential facility that meets the criteria specified in division (B)(1)(b) of section 5119.34 of the Revised Code as a permitted use in any residential district or zone, including any single-family residential district or zone of any political subdivision. Such fa...

Section 5119.342 | Appointing receiver for residential facility.

...riate: the Ohio protection and advocacy system as defined in section 5123.60 of the Revised Code; facility owner; facility operator; board of alcohol, drug addiction, and mental health services; board of health; department of developmental disabilities; department of job and family services; facility residents; and residents' families and guardians. The court shall provide a hearing on the petition within five court ...

Section 5119.343 | Notice of adverse action - residential facilities.

...(A) As used in this section, "adverse action" means an action by a state, provincial, federal, or other licensing or regulatory authority other than the department of behavioral health to deny, revoke, suspend, place on probation, or otherwise restrict a license, certificate, or other approval to operate a residential facility or practice a health care profession. (B)(1) When submitting an application for initial ...

Section 5119.344 | Summary suspension of a class one residential facility serving children.

...ide automated child welfare information system. (F) The director of mental health and addiction services may adopt rules in accordance with Chapter 119. of the Revised Code establishing standards and procedures for the summary suspension of licenses. (G) This section does not limit the authority of the department to take other action, such as issuing an order suspending the admission of residents to a residential...

Section 5119.345 | Residential facility directory.

...The department of behavioral health shall publish a directory of all residential facilities licensed under section 5119.34 of the Revised Code on the department's web site. For each facility, the directory shall include all of the following: (A) The name of the facility; (B) The facility's full address; (C) The facility's categorization as a class one, class two, or class three facility; (D) The services offe...

Section 5119.35 | Mental health and addiction services requiring certification.

...(A) Except as provided in division (B) of this section, if a mental health service or alcohol and drug addiction service has been specified in rules adopted under this section as a service that is required to be certified, no person or government entity shall provide that service unless it has been certified under section 5119.36 of the Revised Code. (B) Division (A) of this section does not apply to either of the...

Section 5119.36 | Certifying community mental health services or addiction services providers.

...(A) A person or government entity that seeks initial certification of one or more certifiable services and supports, or that seeks to renew certification of one or more certifiable services and supports, shall submit an application to the director of behavioral health. On receipt of the application, the director shall determine whether the standards established by division (B) of this section and any rules adopted un...

Section 5119.362 | Duties of community addiction services provider.

...(A) In accordance with rules adopted under section 5119.363 of the Revised Code, each community addiction services provider shall do all of the following: (1) Maintain a waiting list for the provider's included opioid and co-occurring drug addiction services and recovery supports; (2) Notify an individual included on the provider's waiting list when the provider has a slot available for the individual and, if the...