Ohio Revised Code Search

...e offender registrant the court shall conduct a hearing to determine whether to classify the child a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/ child-victim offender. (B) When a judge issues an order under section 2152.82 or 2152.83 of the Revised Code that classifies a delinquent child a juvenile offender registrant, in addition to ...

... the judge's successor in office shall conduct a hearing to review the effectiveness of the disposition and of any treatment provided for the child, to determine the risks that the child might re-offend, to determine whether the prior classification of the child as a juvenile offender registrant should be continued or terminated as provided under division (A)(2) of this section, and to determine whether its...

...dge's order after the mandatory hearing conducted under section 2152.84 of the Revised Code. (2) After the delinquent child's initial filing of a petition under division (B)(1) of this section, the child may file a second petition not earlier than three years after the judge has entered an order deciding the petition under division (B)(1) of this section. (3) After the delinquent child's filing of a petition un...

...elors and other employees designated to conduct the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, conciliation and counseling, and all matters relating to those cases and counseling, and the expenses involved in the attendance of division personnel at domestic relations and welfare conferences designated by the division, and the further sum each yea...

...ated by section 5149.02 of the Revised Code or the department of youth services, as applicable. Probation officers have all the powers of regular police officers and shall perform any duties that are designated by the judge or judges of the court. All positions within the department of probation, except positions held by probation officers in the juvenile division of a court of common pleas, shall be in the cl...

...d to prohibit the auditor of state from conducting audits, as provided in division (D)(1) of section 2301.56 of the Revised Code, of a nonprofit or private entity performing the day-to-day operation of a community-based correctional facility and program or district community-based correctional facility and program pursuant to a contract under division (A)(1) of this section. (B) The facility governing board may ente...

...r that constitutes willful or wanton misconduct or intentionally tortious conduct; (c) An action or omission of an employee of the donor, a family member of the donor or another person associated with the donor that is imputable to the donor and that constitutes negligence, if that negligence involves one or both of the following: (i) The failure of the employee, family member, or other associated person to warn th...

...itutes negligence, willful or wanton misconduct, or intentionally tortious conduct or that constitutes a criminal violation of law. (3) A member of the firearms industry forfeits the immunity from civil liability and injunctive relief conferred by division (B)(1) of this section if the member of the firearms industry sells, lends, gives, or furnishes to any person, in violation of section 2923.20 or 2923.21 or anoth...

...y under another section of the Revised Code or the common law of this state of a possessor of real property with respect to trespassers under circumstances not covered by this section or with respect to individuals other than trespassers, including, but not limited to, civil liability to invitees or licensees on the property. (3) This section does not affect any immunities from or defenses to tort liability es...

...red by section 1301.301 of the Revised Code unless the transaction is subject to a limitation on choice of law specified in division (B) of that section. This section does not apply to a contract, agreement, or undertaking for labor or personal services or for a consumer transaction, as defined by section 1345.01 of the Revised Code. (D) This section does not limit or deny, and shall not be construed as limiti...

...f the Revised Code was the result of misconduct of the manufacturer or supplier in question that manifested a flagrant disregard of the safety of persons who might be harmed by the product in question. The fact by itself that a product is defective does not establish a flagrant disregard of the safety of persons who might be harmed by that product. (B) Whether the trier of fact is a jury or the court, if the trier o...

...of a defendant's alleged wrongdoing, misconduct, or guilt; (2) Evidence of the defendant's wealth or financial resources; (3) All other evidence that is offered for the purpose of punishing the defendant, rather than offered for a compensatory purpose. (D) If a trial is conducted in a tort action to recover damages for injury or loss to person or property and a plaintiff prevails in that action, the court in a ...

...b and family services shall prepare and conduct a public information program to inform women of all available governmental programs and agencies that provide services or assistance for family planning, prenatal care, child care, or alternatives to abortion.

...arty, or on the court's own motion, may conduct a hearing to inquire into the applicant's status as an indigent litigant. The judge or magistrate shall affirm the applicant's status as an indigent litigant if the applicant's gross income does not exceed one hundred eighty- seven and five-tenths per cent of the federal poverty guidelines as determined by the United States department of health and human services for th...

...B)(3) of section 3345.40 of the Revised Code applies; (2) Civil actions upon a medical, dental, optometric, or chiropractic claim that are brought against political subdivisions of this state and that are commenced under or are subject to Chapter 2744. of the Revised Code. Division (C) of section 2744.05 of the Revised Code applies to recoverable damages in those actions; (3) Wrongful death actions brought pursua...

...olved and their counsel of record; (c) Conduct the hearing described in division (D)(1)(a) of this section, allow the parties involved to present any relevant evidence at the hearing, consider the factors described in division (D)(2) of this section in making its determination, and make its determination in accordance with division (D)(3) of this section. (2) In determining whether all or any part of the future dam...

...olved and their counsel of record; (c) Conduct the hearing described in division (D)(1)(a) of this section, allow the parties involved to present any relevant evidence at the hearing, consider the factors described in division (D)(2) of this section in making its determination, and make its determination in accordance with division (D)(3) of this section. (2) In determining whether all or any part of the total of t...

...r an order to transfer, the officer who conducted the sale or made the transfer of the property shall collect the deposit pursuant to section 2329.211 of the Revised Code and, following confirmation of the sale or transfer and the payment of the balance due on the purchase price of the property, shall execute and record the deed conveying title to the property to the purchaser or transferee. For purposes of recordin...

...n (B) of section 2329.52 of the Revised Code, and included in the notice required by division (A)(1)(a)(i) of section 2329.26 of the Revised Code. (3) If the sale is held online, the deposit may be made by a financial transaction device as defined in section 301.28 of the Revised Code. (B) In every action demanding the judicial or execution sale of commercial property, the purchaser at the sale shall make a deposit...

...t date of the sale if the sale is to be conducted online. Such notice shall be by advertisement in a newspaper of general circulation in the county. The newspaper shall meet the requirements of section 7.12 of the Revised Code. The court ordering the sale may designate in the order of sale the newspaper in which this public notice shall be published. The notice shall include all the following information: (i) The ...

...tance. (B) By placing a bid at a sale conducted pursuant to this chapter, the purchaser appoints the officer who makes the sale as agent of the purchaser for the sole purpose of accepting delivery of the deed described in division (A) of this section. (C) The officer who sells the real property shall record the deed, or for registered land file the documents required by section 5309.64 of the Revised Code, ...

...f the debtor therein. The sale shall be conducted as is provided for the sale of real estate upon execution, and the proceedings of sale before the execution of the deed shall be approved by the court in which the judgment was rendered, or the transcript filed.

...e court, officer, board, or commission conducting the proceeding.

...r division (A) of this section shall be conducted in a manner that will preserve the anonymity of the appellant on appeal. All papers and records that pertain to an appeal under this section shall be kept confidential and are not public records under section 149.43 of the Revised Code.

... the Ohio Constitution, the court shall conduct a hearing as promptly as is practicable and render a decision in a prompt and expeditious manner consistent with the United States Constitution and the Ohio Constitution. If the court denies the request for an expedited appeal, the appeal shall be heard in accordance with sections 2506.01 to 2506.04 of the Revised Code. (D) The appeal provided in this section is in add...

...te under section 4731.22 of the Revised Code apply and the applicant meets the requirements of division (A) of this section, the board shall issue a training certificate to the applicant. The board shall not require an examination as a condition of receiving a training certificate. A training certificate issued pursuant to this section shall be valid only for three years, but may be renewed by the board for one ad...

...suant to section 4732.14 of the Revised Code and on the registration form prescribed by the board under that section, that in the preceding two or five-year period, as applicable, the license holder has completed continuing psychology education in compliance with this section. The board shall adopt rules establishing the procedure for a license holder to certify to the board and for properly recording with the Ohio p...

... a violation of state statute or ethics code that would be considered more substantial than minor infraction; or 2. investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified and/or had an opportunity to respond. Y. "State" means: a state, commonwealth, territory, or possession of the United St...

...on under section 4734.31 of the Revised Code and is not subject to an adjudication under Chapter 119. of the Revised Code. The letter shall not be used by an employer, insurer, or any other person or government entity as the basis of an adverse action against the recipient.

...se. (E) Any work a contracting company conducts under the license assigned under this section or displayed under division (F) of section 4740.04 of the Revised Code is deemed to be conducted under the personal supervision of the individual named in the license and any violation of any term of the license is deemed to have been committed by the individual named in the license. (F) No individual who assigns a li...

...fire, and transportation services shall conduct disciplinary proceedings regarding the holder of a certificate issued under this chapter in accordance with rules adopted by the board under section 4765.11 of the Revised Code. The board and a holder of a certificate are the parties to a hearing conducted under this chapter. Either party may submit a written request to the other party for a list of witnesses and...

...ons 4765.11 and 4765.40 of the Revised Code and shall place emphasis on the special needs of pediatric and geriatric trauma victims. In developing the guidelines, the board shall consult with entities with interests in trauma and emergency medical services and shall consider any relevant guidelines adopted by national organizations, including the American college of surgeons, American college of emergency phys...

...ondition premises and equipment used in conducting courses of study; (H) Failure to maintain financial resources adequate for the satisfactory conduct of courses of study or to retain a sufficient number of certified instructors; (I) Discrimination in the acceptance of students upon the basis of race, color, religion, sex, or national origin.

...rdance with Chapter 119. of the Revised Code, may suspend or revoke any license or permit or renewal thereof issued under this chapter for any one or combination of the following causes: (1) Violation of this chapter or any rule adopted thereunder; (2) Refusal to permit the board to inspect a vehicle or aircraft used under the terms of a permit or to inspect the records or physical facilities of a licensee; ...

...ctions 119.05 and 119.07 of the Revised Code. If the license holder subject to the suspension requests an adjudication hearing by the board, the date set for the adjudication shall be within fifteen days but not earlier than seven days after the request unless another date is agreed to by the license holder and the board. Any summary suspension imposed under this division remains in effect, unless reversed by the ...

...d under section 4766.11 of the Revised Code; (6) The number of adjudication hearings the board held and the outcomes of the adjudications; (7) The amount of penalties the board imposed and collected under section 4766.08 of the Revised Code; (8) Other information the board determines reflects the board's operations. (B) The board shall post the annual report required by this section on its web site and make ...

... (6) Psychosocial interventions; (7) Conducting suicide and homicide risk assessments; (8) Forensic issues in psychiatry; (9) Basic behavioral health counseling; (10) Clinical experiences in inpatient psychiatric units, outpatient mental health clinics, psychiatric consultation and liaison services, and addiction services. (B) The chancellor of higher education, in the process of approving or disapproving ...

... and the course of study must have been conducted by an educational program accredited by the department under section 4773.07 of the Revised Code. In examining or contracting for the examination of applicants, the department shall ensure that an opportunity to take an examination is available as follows: (1) At least once each month for individuals applying to be licensed as general x-ray machine operators; (2) A...

...d under section 4735.211 of the Revised Code. (E) Notwithstanding any provision of this chapter to the contrary, the division shall issue a manufactured housing dealer's license or manufactured housing broker's license in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies: (1) The applicant holds a license in another state. (2) The applicant has satisfactory ...

...hearing held by the commission shall be conducted in accordance with that section. The municipal corporation or railroad may appeal the order of the commission, as affirmed or modified by the commission after the rehearing, to the supreme court. (D) The commission shall assess the costs, as determined by the commission, of the closure of a crossing under this section against the railroad having jurisdiction over th...

...ibed in section 4913.251 of the Revised Code shall be conducted in a manner consistent with Chapter 4903. of the Revised Code.

...ortunity shall include a public hearing conducted in accordance with rules adopted under this division and conducted in the service area identified in the application. After a reasonable opportunity to comment has been provided, but not later than one hundred twenty days after the application is filed, the commission either shall issue an order granting the waiver if, upon investigation, it finds the waiver to be jus...

... new rules as necessary, concerning the conduct of the competitive bidding process and the qualifications of bidders, which rules shall foster supplier participation in the bidding process and shall be consistent with the requirements of division (A)(1) of this section. (B) Prior to initiating a competitive bidding process for a market-rate offer under division (A) of this section, the electric distribution utility...

...tions 4937.01 to 4937.05 of the Revised Code. (2) Formulate a recommendation regarding whether the governor should enter into any agreement with the federal nuclear regulatory commission pursuant to 42 U.S.C.A. 2021, 96 Stat. 2078 (1983), as such section existed on the date this section was enacted. (B) The board shall: (1) Monitor plans and programs among its member agencies providing for the management of nuclea...

...istration program to be controlled and conducted by the chief law enforcement officer of the township within the unincorporated areas of the township. The board may establish a fee for participation in the program in an amount sufficient to cover the cost of administering the program and the cost of the decals. (B) Any resident of the township may enroll a motor vehicle that the resident owns in the program b...

...ed under section 5103.30 of the Revised Code; (B) Providing administrative services and paying all administrative costs related to the conduct of the training; (C) Maintaining a database of the data contained in the individual training needs assessments for each PCSA caseworker and PCSA caseworker supervisor employed by a public children services agency located in the training region; (D) Analyzing training ...

... under section 5123.1611 of the Revised Code. (B) Following each survey of a provider, the director shall issue a report listing the date of the survey, any citations issued as a result of the survey, and the statutes or rules that purportedly have been violated and are the bases of the citations. The director shall also do both of the following: (1) Specify a date by which the provider may appeal any of the citati...

...ed under section 5123.52 of the Revised Code, in addition to any other sanction or penalty authorized or required by law. (C)(1) Any person listed in division (C)(2) of section 5123.61 of the Revised Code who has reason to believe that a developmental disabilities employee has violated division (A) of this section shall immediately report that belief to the department of developmental disabilities. (2) Any person w...

...es may do either of the following: (1) Conduct an independent review or investigation of the incident; (2) Request that an independent review or investigation of the incident be conducted by a county board of developmental disabilities that is not implicated in the report, a regional council of government, or any other entity authorized to conduct such investigations. (B) If a report described in division (A) of t...

....22 and section 5126.029 of the Revised Code, each county board of developmental disabilities may establish a policy that allows board members to attend a meeting of the county board via means of electronic communication. The policy shall specify at least all of the following: (1) The number of regular meetings at which each board member shall be present in person, which may not be less than one-half of the regula...

...rve the region. (D) In an adjudication conducted in accordance with Chapter 119. of the Revised Code, the state ombudsman may issue an adjudication order withdrawing or provisionally maintaining the designation of an entity as a regional program if it ceases to meet the criteria established pursuant to division (B) of this section or a conflict of interest develops between the regional program or a person associated...

...chnical assistance to regional programs conducting training for volunteers and shall monitor the training. (E) Notwithstanding the requirements for a certification under this section, the department shall issue a certificate as a representative of the office of the state long-term care ombudsman program in accordance with Chapter 4796. of the Revised Code to a person if either of the following applies: (1) The ...

...B)(2) of section 173.391 of the Revised Code are public records for purposes of section 149.43 of the Revised Code and shall be made available on request of any person, including individuals receiving or seeking any services, including community-based long-term care services, under a program the department of aging administers. (B) A part of a record of an evaluation that is otherwise available as a public record u...

...ssistance may include providing for the conduct of assessments or other evaluations and the development of individualized plans of care or services under section 173.424 of the Revised Code. (K) No nursing facility for which an operator has a provider agreement under section 5165.07, 5165.511, or 5165.512 of the Revised Code shall admit as a resident any individual described in division (G) of this section, unless ...

...tions 173.42 and 173.421 of the Revised Code. The director of aging shall adopt rules in accordance with Chapter 119. of the Revised Code governing the certification process and requirements. The rules shall specify the education, experience, or training in long-term care a person must have to qualify for certification. (B) Notwithstanding the requirements for a certification under division (A) of this section, the...

...ts of the customer satisfaction surveys conducted under section 173.47 of the Revised Code; (4) Any other information the department specifies in rules adopted under section 173.49 of the Revised Code. (C) The Ohio long-term care consumer guide may include information on residential facilities and providers of community-based long-term care services. The department may adopt rules under section 173.49 of the R...

...ed under section 173.546 of the Revised Code; (B) While receiving assisted living services under the medicaid-funded component, reside in a residential care facility that is authorized by a valid medicaid provider agreement to participate in the component, including both of the following: (1) A residential care facility that is owned or operated by a metropolitan housing authority that has a contract with the ...

...ed under section 173.546 of the Revised Code. (B) The individual must have an application for the medicaid-funded component of the assisted living program pending and the department or the department's designee must have determined that the individual meets the nonfinancial eligibility requirements of the medicaid-funded component and not have reason to doubt that the individual meets the financial eligibility req...

...sentation of material facts or criminal conduct toward the insurer, small employer, or alliance under the program; (9) Premium rate structures, which may be uniform or make provision for age-specific rates, differentials based on number of participants of an enrolled small employer, products and plan options selected, and other factors, rate adjustments based on consumer price indices, utilization, or other relevant...

...ved and utilized by outside auditors in conducting audits under section 1733.19 of the Revised Code. The accounting principles and practices prescribed for outside auditors may exceed those otherwise prescribed in rules adopted under section 1733.41 of the Revised Code, but shall be generally in accordance with accepted accounting principles as defined by the American institute of certified public accountants.

...ce with section 109.572 of the Revised Code. The superintendent of credit unions shall request that criminal record information from the federal bureau of investigation be obtained as part of the criminal records check. Any fee required under division (C)(3) of section 109.572 of the Revised Code shall be paid by the person who is the subject of the request.

...eement, written, oral, or inferred from conduct, for one or more common, nonprofit purposes. "Unincorporated nonprofit association" does not include any of the following: (1) A trust; (2) A marriage, domestic partnership, common law relationship, or other domestic living arrangement; (3) An organization that is formed under any other statute that governs the organization and operation of unincorporated associat...

...tion of its programs and annually shall conduct at least one public hearing to obtain input from any interested party regarding the administration of its programs. The hearing shall be held at a time and place as the agency determines and when a quorum of the agency is present. (E) The agency shall appoint committees and subcommittees comprised of members of the agency to handle matters it deems appropriate. (1) ...

...al cost certification and the appraisal conducted under this division. (E) Each eligibility certificate shall state the annual credit amount, the years that comprise the credit period, the name, address, and the taxpayer identification number of the project development owner, the project development owner's designated reporter, and all members of the project development team along with the date the certificate is ...

...ate of authority under this chapter to conduct its business. (I) The superintendent shall not issue a certificate of authority to a health insuring corporation that is a provider sponsored organization unless all health care plans to be offered by the health insuring corporation provide basic health care services. Substantially all of the physicians and hospitals with ownership or control of the provider spons...

...t: (1) The persons responsible for the conduct of the affairs of the applicant are competent, trustworthy, and possess good reputations. (2) The superintendent determines, in accordance with division (B) of section 1751.04 of the Revised Code, that the organization's proposed plan of operation meets the requirements of division (A) of that section. (3) The applicant constitutes an appropriate mechanism to ...

...r and evaluate the quality of care, to conduct evaluations and audits, and to determine on a concurrent or retrospective basis the necessity of and appropriateness of health care services provided to enrollees. The provision shall include terms requiring the provider or health care facility to make these health records available to appropriate state and federal authorities involved in assessing the quality of ...

...sses of the persons responsible for the conduct of the affairs of the health insuring corporation as required by section 1751.03 of the Revised Code. Additionally, the report shall include the amount of wages, expense reimbursements, and other payments to these persons for services to the health insuring corporation, and shall include a full disclosure of the financial interests related to the operations of the healt...

...tions 3901.19 to 3901.26 of the Revised Code. (D) This section does not do any of the following: (1) Require a policy, contract, or agreement to cover inpatient or follow-up care that is not received in accordance with the policy's, contract's, or agreement's terms pertaining to the providers and facilities from which an individual is authorized to receive health care services; (2) Require a mother or newborn to s...

...ective or utilization review procedures conducted prior to providing a health care service, device, or drug. (9) "Urgent care services" means a medical care or other service for a condition where application of the timeframe for making routine or non-life threatening care determinations is either of the following: (a) Could seriously jeopardize the life, health, or safety of the patient or others due to the patient...

...ave operational responsibility for the conduct of the health insuring corporation's utilization review program. (2) If a health insuring corporation contracts to have a utilization review organization or other entity perform the utilization review functions required by sections 1751.77 to 1751.87 and Chapter 3922. of the Revised Code, and any rules adopted thereunder, the superintendent of insurance shall hold...

... collect-call telephone line. (F) When conducting prospective or concurrent review, the health insuring corporation or its designee utilization review organization shall collect only the information necessary to certify the admission, procedure or treatment, length of stay, frequency, and duration of health care services. (G) Compensation to persons providing utilization review services for the health insuring corp...

...ration's possession related to reviews conducted pursuant to this section, including medical records related to those reviews, and of responses, for three years following completion of the review.

...G)(2) of section 3963.02 of the Revised Code, except that, notwithstanding any provision of a contract described in that division, this section applies to the termination of a participating provider's contract for any of the causes described in divisions (A), (D), and (F)(1) and (2) of this section. (G) The superintendent of insurance may adopt rules as necessary to implement and enforce sections 1753.06, 1753.07, ...

...B)(2) of section 1753.34 of the Revised Code, and a corrective order issued pursuant to division (B)(3) of section 1753.34 of the Revised Code. A disclosure to the superintendent of these plans, reports, information, and orders does not constitute a waiver of any applicable privilege or claim of confidentiality in the plans, reports, information, and orders. (B) Notwithstanding division (A) of this section: (1) Th...