Ohio Revised Code Search
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Section 2743.64 | Effect of criminal conviction or prosecution.
...The attorney general or the court of claims may make an award of reparations whether or not any person is prosecuted or convicted for committing the conduct that is the basis of the award. Proof of conviction of a person whose conduct gave rise to a claim is conclusive evidence that the crime was committed, unless an application for rehearing, an appeal of the conviction, or certiorari is pending, or a rehearin... |
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Section 2743.65 | Attorney fees - witness fees.
...(A) The attorney general shall determine, and the state shall pay, in accordance with this section attorney's fees, commensurate with services rendered, to the attorney representing a claimant under sections 2743.51 to 2743.72 of the Revised Code. The attorney shall submit on an application form an itemized fee bill at the rate of sixty dollars per hour upon receipt of the final decision on the claim. Attorney's fees... |
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Section 2743.66 | Payment of award of reparations in lump sum or in installments.
...(A) A decision of the attorney general or order or judgment of the court of claims granting an award of reparations may provide for the payment of the award in a lump sum or in installments. The part of an award equal to the amount of economic loss accrued to the date of the award shall be paid in a lump sum. An award for allowable expense that would accrue after the award is made shall not be paid in a lump su... |
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Section 2743.67 | Making emergency awards.
...The attorney general may make an emergency award if, before acting on an application for an award of reparations under this section, it appears likely that a final award will be made, and the claimant or victim will suffer undue hardship if immediate economic relief is not obtained. An emergency award shall not exceed two thousand dollars. The attorney general or the court of claims shall deduct an amount of t... |
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Section 2743.671 | Emergency award for funeral expenses.
...l expenses shall be made to the funeral home, to the claimant applicant, or to any other claimant. A determination under this section does not preclude the attorney general from determining eligibility and awarding reparations for any expenses other than those related to the funeral. (D) If, after a payment of emergency funeral expenses is awarded under this section, a final determination is made that no compensat... |
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Section 2743.68 | Application for supplemental reparations.
...A claimant may file a supplemental reparations application in a claim if the attorney general or the court of claims, within s ix years prior to the filing of the supplemental application, has made any of the following determinations: (A) That an award, supplemental award, or installment award be granted; (B) That an award, supplemental award, or installment award be conditioned or denied because of actual or poten... |
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Section 2743.69 | Annual report.
...(A) The attorney general shall prepare and transmit annually to the governor, the president of the senate, the speaker of the house of representatives, and the minority leaders of both houses a report of the activities of the Ohio crime victims compensation program under sections 2743.51 to 2743.72 of the Revised Code. The report shall include all of the following: (1) The number of claims filed, the number o... |
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Section 2743.70 | Additional court costs and bail for reparations fund.
...(A)(1) The court, in which any person is convicted of or pleads guilty to any offense other than a traffic offense that is not a moving violation, shall impose the following sum as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender: (a) Thirty dollars, if the offense is a felony; (b) Nine dollars, if the offense is a misdemeanor. The court shall... |
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Section 2743.71 | Information explaining awards of reparations provided to victims.
...(A) Any law enforcement agency that investigates, and any prosecuting attorney, city director of law, village solicitor, or similar prosecuting authority who prosecutes, an offense committed in this state shall, upon first contact with the victim, as defined in division (L)(1) of section 2743.51 of the Revised Code, or the victim's family or dependents, give the victim or the victim's family or dependents a copy of a... |
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Section 2743.711 | Attorney general is legal representative of reparations fund.
...The attorney general is the legal representative of the reparations fund established by section 2743.191 of the Revised Code. The attorney general may institute, prosecute, and settle actions or proceedings for the enforcement of the reparations fund's right of repayment, reimbursement, recovery, and subrogation. The attorney general shall defend all suits, actions, or proceedings brought against the fund. |
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Section 2743.712 | Investigation by attorney general prior to reparations fund enforcement action.
...(A) The attorney general, before taking any action regarding enforcement of the reparations fund's right of repayment, reimbursement, recovery, and subrogation pursuant to section 2743.72 of the Revised Code, or before taking any other action pursuant to that section, may investigate the need for that action. (B)(1) For the purpose of determining whether action is necessary under section 2743.72 of the Revised Code,... |
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Section 2743.72 | Right of reimbursement, repayment, and subrogation in favor of reparations fund.
...(A) The payment of an award of reparations from the reparations fund established by section 2743.191 of the Revised Code creates a right of reimbursement, repayment, and subrogation in favor of the reparations fund from an individual who is convicted of the offense that is the basis of the award of reparations. For purposes of establishing an individual's liability under this provision, a certified judgment of the in... |
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Section 2743.75 | Jurisdiction over claims alleging denial of access to public records.
...(A) In order to provide for an expeditious and economical procedure that attempts to resolve disputes alleging a denial of access to public records in violation of division (B) of section 149.43 of the Revised Code, except for a court that hears a mandamus action pursuant to that section, upon the expiration of the three-day period in which a public office or person responsible for public records may cure or address ... |
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Section 2744.01 | Political subdivision tort liability definitions.
...ent and control centers, and children's homes or agencies; (p) The provision or nonprovision of inspection services of all types, including, but not limited to, inspections in connection with building, zoning, sanitation, fire, plumbing, and electrical codes, and the taking of actions in connection with those types of codes, including, but not limited to, the approval of plans for the construction of buildings or st... |
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Section 2744.02 | Governmental functions and proprietary functions of political subdivisions.
...(A)(1) For the purposes of this chapter, the functions of political subdivisions are hereby classified as governmental functions and proprietary functions. Except as provided in division (B) of this section, a political subdivision is not liable in damages in a civil action for injury, death, or loss to person or property allegedly caused by any act or omission of the political subdivision or an employee of the polit... |
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Section 2744.03 | Defenses - immunities.
...(A) In a civil action brought against a political subdivision or an employee of a political subdivision to recover damages for injury, death, or loss to person or property allegedly caused by any act or omission in connection with a governmental or proprietary function, the following defenses or immunities may be asserted to establish nonliability: (1) The political subdivision is immune from liability if the emplo... |
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Section 2744.04 | Statute of limitations - demand for judgment for damages.
...(A) An action against a political subdivision to recover damages for injury, death, or loss to person or property allegedly caused by any act or omission in connection with a governmental or proprietary function, whether brought as an original action, cross-claim, counterclaim, third-party claim, or claim for subrogation, shall be brought within two years after the cause of action accrues, or within any applicable ... |
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Section 2744.05 | Damage limitations.
...Notwithstanding any other provisions of the Revised Code or rules of a court to the contrary, in an action against a political subdivision to recover damages for injury, death, or loss to person or property caused by an act or omission in connection with a governmental or proprietary function: (A) Punitive or exemplary damages shall not be awarded. (B)(1) If a claimant receives or is entitled to receive benef... |
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Section 2744.06 | Satisfying a judgment against political subdivision.
...(A) Real or personal property, and moneys, accounts, deposits, or investments of a political subdivision are not subject to execution, judicial sale, garnishment, or attachment to satisfy a judgment rendered against a political subdivision in a civil action to recover damages for injury, death, or loss to person or property caused by an act or omission of the political subdivision or any of its employees in connecti... |
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Section 2744.07 | Defending and indemnifying employees.
...(A)(1) Except as otherwise provided in division (A)(2) of this section, a political subdivision shall provide for the defense of an employee, in any state or federal court, in any civil action or proceeding which contains an allegation for damages for injury, death, or loss to person or property caused by an act or omission of the employee in connection with a governmental or proprietary function. Amounts expended b... |
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Section 2744.08 | Liability and self-insurance programs.
...(A)(1) A political subdivision may use public funds to secure insurance with respect to its and its employees' potential liability in damages in civil actions for injury, death, or loss to persons or property allegedly caused by an act or omission of the political subdivision or any of its employees in connection with a governmental or proprietary function. The insurance may be at the limits, for the circumstances, a... |
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Section 2744.081 | Joint self-insurance pool - risk-management.
...(A) Regardless of whether a political subdivision, under section 2744.08 of the Revised Code, secures a policy or policies of liability insurance, establishes and maintains a self-insurance program, or enters into an agreement for the joint administration of a self-insurance program, the political subdivision may, pursuant to a written agreement and to the extent that it considers necessary, join with other political... |
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Section 2744.082 | Reimbursement of general fund for self-insurance payments.
...(A) If a political subdivision, pursuant to division (A)(2)(a) of section 2744.08 of the Revised Code or a joint self-insurance pool pursuant to section 2744.081 of the Revised Code, has allocated costs to, or required the payment of deductibles from, funds or accounts in the subdivision's treasury, the subdivision's fiscal officer, pursuant to an ordinance or resolution of the subdivision's legislative authori... |
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Section 2744.09 | Exceptions.
...This chapter does not apply to, and shall not be construed to apply to, the following: (A) Civil actions that seek to recover damages from a political subdivision or any of its employees for contractual liability; (B) Civil actions by an employee, or the collective bargaining representative of an employee, against his political subdivision relative to any matter that arises out of the employment relationship betwee... |
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Section 2744.10 | Immunity as to Year 2000 compliant claims.
...(A) As used in this section: (1) Computer services,computer,computer system,computer network,computer program,computer software, and data have the same meanings as in section 2913.01 of the Revised Code. (2) Information technology system or product includes a computer service, computer, computer system, computer network, or computer program, computer software, and data and also includes, but is not limited to, any ... |
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Section 3717.111 | Board of health may withdraw as licensor.
...(A) A board of health acting as a licensor of retail food establishments or food service operations may withdraw from serving as licensor of either or both. Before withdrawing as licensor, the board shall provide written notice of its intent to withdraw. If the withdrawal applies to the licensing of retail food establishments, the board shall provide the notice to the director of agriculture. If the withdrawal applie... |
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Section 3717.12 | Jurisdiction change - licenses to remain valid.
...f all or part of the territory within a health district becomes subject to the jurisdiction of a different board of health, all valid retail food establishment or food service operation licenses issued by the original board of health shall be treated as though issued by the board of health with jurisdiction over the territory and shall remain valid until scheduled to expire unless earlier suspended or revoked by the ... |
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Section 3717.13 | Contracts to conduct inspections and assist licensor by performing routine services.
...A licensor may employ or enter into contracts with qualified persons and government entities to conduct inspections and to assist the licensor by performing routine services in the administration and enforcement of this chapter and the rules adopted under it. |
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Section 3717.14 | Dogs in outdoor dining areas.
...ctor of agriculture and the director of health shall adopt rules allowing dogs in an outdoor dining area of a retail food establishment or food service operation. The rules shall include authorization for the directors to prohibit dogs in an outdoor dining area of an establishment or operation during a public health emergency. (B) If an establishment or operation allows a person to bring a dog in an outdoor dining a... |
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Section 3717.21 | License required for retail food establishments - separate licenses.
...Except as provided in section 3717.22 of the Revised Code, no person or government entity shall operate a retail food establishment without a license. A separate license is required for each retail food establishment that a person or government entity operates. No person or government entity shall fail to comply with any other requirement of this chapter applicable to retail food establishments. |
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Section 3717.22 | Excluded operations and entities.
...(A) The following are not retail food establishments: (1) A food service operation licensed under this chapter, including a food service operation that provides the services of a retail food establishment pursuant to an endorsement issued under section 3717.44 of the Revised Code; (2) An entity exempt under divisions (B)(1) to (9), (11) to (13), or (15) of section 3717.42 of the Revised Code from the requirement ... |
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Section 3717.221 | Voluntary registration of farm market, farmers market, or farm product auction.
...(A) Either of the following may register with the director of agriculture: (1) A farm market, which is a location where a producer offers fruits, vegetables, and other items for sale; (2) A farm product auction, which is a location where agricultural products, including food products, are offered for sale at auction. (B) The director shall inspect each farm market and farm product auction that registers under t... |
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Section 3717.23 | Applying for license or renewal of license.
...ll be submitted to the licensor for the health district in which the retail food establishment is located. An application for a mobile retail food establishment license shall be submitted to the licensor for the health district in which the applicant's business headquarters are located, or, if the headquarters are located outside this state, to the licensor for the district where the applicant will first operate in t... |
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Section 3717.24 | License endorsement to provide food service operation services.
...(A) The person or government entity holding a license for a retail food establishment may provide the services of a food service operation within the retail food establishment without obtaining a food service operation license if the person or entity has received from the licensor of retail food establishments an endorsement to provide the services of a food service operation. (B) When the activities of a retail foo... |
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Section 3717.25 | Fees.
...sed Code. If the licensor is a board of health, a fee may be disapproved by the district advisory council in the case of a general health district or the legislative authority of the city in the case of a city health district. A disapproved fee shall not be charged by the board of health. Except when a licensing fee is established as an emergency measure, the licensor shall hold a public hearing regarding the pr... |
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Section 3717.26 | Transfer of license.
...(A) A licensor may transfer a retail food establishment license under either of the following circumstances: (1) The sale or disposition of the retail food establishment; (2) The relocation of the retail food establishment. (B) A person or government entity may request to receive a retail food establishment license by transfer. A licensor may transfer a license only on determining that the person or government ent... |
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Section 3717.27 | Inspections.
...dividual registered as an environmental health specialist or environmental health specialist in training under Chapter 3776. of the Revised Code. Each inspection shall be recorded on a form prescribed and furnished by the director of agriculture or a form approved by the director that has been prescribed by a board of health acting as licensor. With the assistance of the director, a board acting as licensor, to the e... |
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Section 3717.28 | Confidentiality of information.
...y court. If the licensor is a board of health, the board may share the information with the director of agriculture and director of health if the licensor is the director of agriculture, the director may share the information with the director of health. The licensor shall maintain the confidentiality of the information, except that the information may be consolidated in statistical tables and published by th... |
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Section 3717.29 | Board of health may suspend or revoke retail food establishment license.
...etail food establishments is a board of health. (B) A board of health may suspend or revoke a retail food establishment license on determining that the license holder is in violation of any requirement of this chapter or the rules adopted under it applicable to retail food establishments, including a violation evidenced by documented failure to maintain sanitary conditions within the establishment. (C)(1) Except in... |
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Section 3717.30 | Director of agriculture may suspend or revoke retail food establishment license.
... clear and present danger to the public health, the director may suspend a license, effective without a hearing. Thereafter, without delay, the director shall afford the license holder an opportunity for hearing. On determining that there is no longer a clear and present danger to the public health, the director may rescind the suspension without a hearing. |
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Section 3717.31 | Prosecution and other remedies when board of health is licensor.
...etail food establishments is a board of health. As used in this section, "prosecutor" has the same meaning as in section 2935.01 of the Revised Code. (B) At the request of the board of health, the prosecutor with jurisdiction in the area where a person allegedly has violated section 3717.21 of the Revised Code shall commence a criminal prosecution against the person. At the request of a board of health, the direct... |
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Section 3717.32 | Injunction.
...(A) This section applies when the licensor of retail food establishments is the director of agriculture. (B) In addition to other remedies provided by law and irrespective of whether an adequate remedy at law exists, the director of agriculture may apply to the court of common pleas for a temporary or permanent injunction or other appropriate relief concerning the violation of a provision of this chapter or the rule... |
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Section 3717.33 | Rules.
... clear and present danger to the public health; (E) Standards and procedures, including a schedule of frequency, for conducting inspections of retail food establishments; (F) Standards and procedures for determining during an inspection whether articles should be removed from use because of a clear and present danger to the public health; (G) Standards and procedures for conducting investigations of complaints ... |
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Section 3717.41 | License required for food service operation - separate licenses.
...Except as provided in section 3717.42 of the Revised Code, no person or government entity shall operate a food service operation without a license. A separate license is required for each food service operation a person or government entity operates. No person or government entity shall fail to comply with any other requirement of this chapter applicable to food service operations. |
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Section 3717.42 | Exclusions - exemptions from license requirement.
...ood service operation: (1) A private home in which individuals related by blood, marriage, or law reside and in which the food that is prepared or served is intended only for those individuals and their nonpaying guests; (2) A private home operated as a bed-and-breakfast that prepares and offers food to guests, if the home is owner-occupied, the number of available guest bedrooms does not exceed six, breakfast ... |
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Section 3717.43 | Application for license or renewal required - temporary license - limitations, display.
...shed to the licensor by the director of health or a form prescribed by the licensor that has been approved by the director. The applicant shall include with the application all information necessary for the licensor to process the application, as requested by the licensor. An application for a food service operation license, other than an application for a mobile or catering food service operation license, shall be... |
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Section 3717.44 | Endorsement to provide services of retail food establishment - determination of license required.
...(A) The person or government entity holding a license for a food service operation may provide the services of a retail food establishment within the food service operation without obtaining a retail food establishment license if the person or entity has received from the licensor of food service operations an endorsement to provide the services of a retail food establishment. (B) When the activities of a food servi... |
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Section 3717.45 | Fees.
...ed Code. If the licensor is a board of health, a fee may be disapproved by the district advisory council in the case of a general health district or the legislative authority of the city in the case of a city health district. A disapproved fee shall not be charged by the board of health. Except when a licensing fee is established as an emergency measure, the licensor shall hold a public hearing regarding the ... |
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Section 3717.46 | Transfer of license.
...(A) A food service operation license may be transferred by the licensor under either of the following circumstances: (1) The sale or disposition of the food service operation; (2) The relocation of the food service operation. (B) A person or government entity may request to receive a food service operation license by transfer. A licensor may transfer a license only on determining that the person or government enti... |
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Section 3717.47 | Inspections.
...dividual registered as an environmental health specialist or environmental health specialist in training under Chapter 3776. of the Revised Code. Each inspection shall be recorded on a form prescribed and furnished by the director of health or a form approved by the director that has been prescribed by a board of health acting as licensor. With the assistance of the director, a board acting as licensor, to the extent... |