Ohio Revised Code Search
| Section |
|---|
|
Section 5703.12 | Annual report.
... the international registration plan as defined under section 4501.01 of the Revised Code for the periodic audit of persons with vehicles registered under the international registration plan to determine the authenticity of mileage figures derived from operational records and registrations. The tax commissioner may exchange with the proper officers of other member jurisdictions of the international registration plan... |
|
Section 5703.13 | Quorum - orders.
...ch the board is authorized to hold or undertake may be held or undertaken by or before any one member of the board. All investigations, inquiries, hearings, and decisions of the board, and every order made by a member when approved and confirmed by the board and shown on its record of proceedings is deemed the order of the board. |
|
Section 5703.14 | Review of rules.
...ilure to file an appeal does not preclude any person from seeking any other remedy against the application of the rule to the person. The applications shall set forth, or have attached thereto and incorporated by reference, a true copy of the rule, and shall allege that the rule complained of is unreasonable and shall state the grounds upon which the allegation is based. Upon the filing of the application, the... |
|
Section 5703.15 | Designation of actions.
...or officers shall be in the name of the department of taxation. |
|
Section 5703.16 | Rules and regulations.
...The department of taxation shall adopt reasonable rules and regulations to govern its proceedings and to regulate the manner of all valuations of real or personal property, apportionments, investigations, inspections, and hearings not specifically provided for. |
|
Section 5703.17 | Appointment and powers of agent, tax auditor agent, or tax auditor agent manager.
...reate or higher degree in accounting, business, business administration, public administration, management, or other business-related field that is acceptable to the tax commissioner, a doctoral degree in law, a bachelor of laws degree, or a master of laws degree in taxation. (2) The person possesses a current certified public accountant, certified managerial accountant, or certified internal auditor certificat... |
|
Section 5703.18 | Procedural powers of commissioner and agents.
...e tax commissioner and every agent provided for in section 5703.17 of the Revised Code may, for the purposes of the laws relating to taxation, administer oaths, certify to official acts, issue subpoenas, compel the attendance of witnesses, and the production of books, accounts, papers, records, documents, and testimony. |
|
Section 5703.19 | Right of tax commissioner to inspect books of taxpayer - penalty.
...the commissioner for that purpose, upon demand, may inspect books, accounts, records, and memoranda of any person or public utility subject to those laws, and may examine under oath any officer, agent, or employee of that person or public utility. If such books, accounts, records, or memoranda are kept electronically or available in an electronic format, the person or public utility shall provide such records to the ... |
|
Section 5703.20 | Power to require production of books by order or subpoena.
...The tax commissioner may require, by order or subpoena served on any company, firm, corporation, person, association, partnership, limited liability company, or public utility in the same manner that a summons is served in a civil action in the court of common pleas, the production within this state, at the time and place the commissioner designates, of any books, accounts, papers, or records kept by that company, fi... |
|
Section 5703.21 | Prohibition against divulging information - information acquired as result of audit.
... as to the transactions, property, or business of any person while acting or claiming to act under orders of the department. Whoever violates this provision shall thereafter be disqualified from acting as an officer or employee or in any other capacity under appointment or employment of the department. (B)(1) For purposes of an audit pursuant to section 117.15 of the Revised Code, or an audit of the department pur... |
|
Section 5703.211 | Rules for tracking database searches.
...he tax commissioner shall adopt rules under Chapter 119. of the Revised Code that, except as otherwise provided in division (B) of this section, require that any search of any of the databases of the department of taxation be tracked so that administrators of the database or investigators can identify each account holder who conducted a search of the database. (B) The rules adopted under division (A) of this sectio... |
|
Section 5703.22 | Decisions of department.
...The department of taxation may conduct any number of investigations contemporaneously through different agents, and may delegate to any such agent the taking of all testimony bearing upon any investigation or hearing. The decision of the department shall be based upon its examination of all testimony and records. The recommendations made by an agent shall be advisory only, and do not preclude the taking of further te... |
|
Section 5703.23 | Attorney general or prosecuting attorney shall aid in investigations or hearings.
...orm similar duties as to any offense arising within the county in which he was elected. |
|
Section 5703.24 | Action for damages by taxpayer.
...signature of such person or by the president, secretary, superintendent, general manager, principal accounting officer, partner, or agent, and returned to the commissioner at his office within the period fixed by the commissioner. |
|
Section 5703.25 | Returns, claims, and reports need not be sworn to - perjury statement.
...re required by law to be filed with the department of taxation, the treasurer of state, a county auditor, or a county treasurer need not be sworn to. Any such return, claim, or report shall have printed on it the following statement, which shall be subscribed to by the person signing such return, claim, or report: "I declare under penalties of perjury that this return or claim (including any accompanying schedules an... |
|
Section 5703.26 | Prohibition against making a false or fraudulent report, return, schedule, statement, claim, or document.
...or required by law to be filed with the department of taxation, the treasurer of state, a county auditor, a county treasurer, or a county clerk of courts, or knowingly procure, counsel, or advise the preparation or presentation of such report, return, schedule, statement, claim, or document, or knowingly change, alter, or amend, or knowingly procure, counsel, or advise such change, alteration, or amendment of the rec... |
|
Section 5703.261 | Payment with nonnegotiable or dishonored instrument - penalty.
...enalties, interest, or other charges arising from unpaid taxes makes payment of the taxes, penalties, interest, or other charges with a dishonored instrument, an instrument that is determined to be nonnegotiable, or with any financial transaction device that is declined, returned, or dishonored, a penalty of fifty dollars shall be added to the amount due. The penalty imposed by this section shall be assessed an... |
|
Section 5703.262 | Commissioner may designate documents that must be signed by preparers - penalties.
...tatement, claim, or other document intended for submission to any state or county official or department concerning any tax administered by the department of taxation. (2) "Preparer" means any person who, for compensation, prepares for another, or assists another in preparing, any document. (B) The tax commissioner may designate documents that must be signed by preparers. If a preparer fails to sign a document desi... |
|
Section 5703.263 | Prohibited conduct by tax preparer; power of commissioner.
...or application for refund shall be considered to be the same as the preparation of the return or application for refund. "Tax return preparer" does not include an individual who performs only one or more of the following activities: (a) Furnishes typing, reproducing, or other mechanical assistance; (b) Prepares an application for refund or a return on behalf of an employer by whom the individual is regularly and ... |
|
Section 5703.27 | Duty to answer questions.
... correctly each question therein propounded, and if it is unable to answer any question, it shall in writing give a good reason for such failure. |
|
Section 5703.28 | Contempt proceedings for disobedience.
...e of disobedience by any person to an order or subpoena of the department of taxation, or on the refusal of a witness to testify to any matter regarding which he is lawfully interrogated before the department, the court of common pleas of the county in which such person resides, or a judge thereof, on application of the department, shall compel obedience by attachment proceedings as for contempt in the case of disobe... |
|
Section 5703.29 | Fees of officers and witnesses.
...nd each witness who appears before the department of taxation by its order shall receive for the witness's attendance the fees and mileage provided for under section 119.094 of the Revised Code, which shall be audited and paid by the state in the same manner as other expenses, upon the presentation of proper vouchers approved by the department. A witness subpoenaed at the instance of parties other than the ... |
|
Section 5703.30 | Payment of expenses and witness fees.
...A person who appears before the department of taxation or the board of tax appeals by its order in relation to the appraisal of property in any taxing district shall be allowed and paid out of the treasury of the proper county, if that person is an officer of any such taxing district or a member of any county board of revision, his actual and necessary traveling expenses. The expenses shall be itemized and sworn to b... |
|
Section 5703.31 | Appearance of officers - payment of expenses.
...The department of taxation may order any officer in whom any powers are vested or upon whom any duties are imposed by any laws which the department is required to administer to appear before it for conference concerning the administration of such laws. Except as provided in section 5703.30 of the Revised Code, the department shall allow and pay from any appropriation to the department available for such purpose the a... |
|
Section 5703.32 | Depositions.
...In an investigation the department of taxation or any party may cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in courts of common pleas. |
|
Section 3706.29 | Advanced energy projects implementing rules.
...The Ohio air quality development authority shall, in accordance with Chapter 119. of the Revised Code, adopt any rules necessary to implement sections 3706.25 to 3706.28 of the Revised Code. |
|
Section 3714.01 | Construction and demolition debris definitions.
...ludes an existing facility that is proposing to expand the facility beyond the limits of construction and demolition debris placement approved by a board of health or the director of environmental protection, as applicable, under this chapter. "Person" includes the state, any political subdivision of the state or other state or local body, the United States and any agency or instrumentality thereof, and any legal en... |
|
Section 3714.02 | Rules governing construction and demolition debris facilities.
...inants from the facility that may be causing contamination of ground water; (3) Recommendations for actions, if any are necessary, that should be taken to investigate or remediate the source of any ground water contamination. (F) Requirements for the monitoring and sampling of leachate. The rules adopted under division (F) of this section shall include all of the following: (1) A requirement that the owner or oper... |
|
Section 3714.021 | Removal of construction wastes and demolition debris.
...at the facility on the preceding full business day as determined by using the amount of disposal fees collected under section 3714.07 of the Revised Code for wastes disposed of at the facility on that preceding full business day. (2) The owner or operator or the employees of the facility remove the solid wastes from the working face of the facility. The existence of solid wastes on the working face of a constructio... |
|
Section 3714.022 | Rules governing processing facilities and inspection and issuance of permits.
...19. of the Revised Code governing processing facilities and the inspection of and issuance of permits to install and licenses for those facilities. The rules shall ensure that the facilities will not create a nuisance, fire hazard, or health hazard or cause or contribute to air or water pollution. (B) The rules adopted under this section may establish all of the following: (1) Requirements for the location, desig... |
|
Section 3714.03 | License for new facility may not be used due to location.
...ction 3727.01 of the Revised Code, a nursing home as defined in that section, a school, and a restaurant or other eating establishment. "Occupied dwelling" does not include a dwelling owned or controlled by the owner or operator of a construction and demolition debris facility to which the siting criteria established under this section are being applied. (5) "Residential dwelling" means a building used or intended... |
|
Section 3714.04 | Granting of exemption where disposal of debris is unlikely to have adverse effects - exception.
...ion may by order exempt any person disposing of or proposing to dispose of construction and demolition debris in such quantities or under such circumstances that, in the determination of the director or board of health, are unlikely to adversely affect the public health or safety or the environment, or to create a fire hazard, from any provision of this chapter or a rule adopted or order issued under it, other than d... |
|
Section 3714.05 | Program to provide for inspection, licensing, and enforcement of standards governing facilities.
...install for and the inspection of, licensing of, and enforcement of standards governing construction and demolition debris facilities under this chapter and rules adopted under it. The director of environmental protection shall provide for the issuance of permits to install for construction and demolition debris facilities, the inspection and licensing of facilities, and the enforcement of standards in health distri... |
|
Section 3714.051 | Program for issuance of permits to install for new facilities.
...ssuance of permits to install for processing facilities. On and after the effective date of this section , no person shall establish a processing facility without first obtaining a permit to install issued by the board of health of the health district in which the processing facility is or is to be located or from the director if the facility is or is to be located in a health district that is not on the approved lis... |
|
Section 3714.052 | Contents of application for permit to install new facility.
... section that has changed or been added since the issuance of the most recent annual operation license for the facility. If, during that period, there have been no changes in or additions to that information, the owner or operator shall submit to the director or board an affidavit stating that there have been no changes in or additions to that information during that time period. The director or board may revoke the ... |
|
Section 3714.053 | Public hearing on application for permit to install new facility.
...ermit to install a new construction and demolition debris facility, the applicant shall hold a public hearing in the township or municipal corporation in which the facility or proposed facility is or is to be located. At least thirty days prior to the public hearing, the applicant shall provide notice of the time, day, and location of the public hearing in a newspaper of general circulation in the locality of the fac... |
|
Section 3714.06 | Application for installation and operation license - issuance.
...and demolition debris facility or processing facility without an annual construction and demolition debris facility or processing facility operation license issued by either of the following: (a) The board of health of the health district in which the facility or processing facility is located; (b) The director of environmental protection if the facility or processing facility is located in a health district that ... |
|
Section 3714.061 | Applicant for permit to operate facility to submit plans.
...) A person who submits an application under section 3714.06 of the Revised Code for a license to operate a construction and demolition debris facility shall submit with the application the plans for the operation of the facility that are required in rules adopted under division (G) of section 3714.02 of the Revised Code. In addition, the owner or operator of the facility shall submit any necessary updates to the plan... |
|
Section 3714.062 | Program for certification of facility operators.
...demolition debris facilities and processing facilities, shall establish a program for the certification of operators of construction and demolition debris facilities and processing facilities and shall establish continuing education training requirements for those operators as part of the certification program. (B) The program for the certification of operators, including the continuing education training requireme... |
|
Section 3714.07 | Administration fee levied on disposal of construction and demolition debris.
...e used as the unit of measurement. If basing the fee on cubic yards, the owner or operator shall utilize either the maximum cubic yard capacity of the container, or the hauling volume of the vehicle, that transports the construction and demolition debris to the facility or the cubic yards actually logged for disposal by the owner or operator in accordance with rules adopted under section 3714.02 of the Revised Code. ... |
|
Section 3714.071 | Additional fee for ground water monitoring.
...nd water monitoring at construction and demolition debris facilities by boards of health of health districts that are on the approved list under section 3714.09 of the Revised Code and the director of environmental protection, the director may adopt rules under Chapter 119. of the Revised Code for the purpose of levying a fee of not more than five cents per cubic yard or ten cents per ton on the disposal of construct... |
|
Section 3714.072 | Ground water monitoring at construction and demolition debris facility.
...owner or operator of a construction and demolition debris facility that is licensed under this chapter shall allow a board of health or the director of environmental protection, as applicable, to conduct ground water monitoring at the facility to detect negative impacts to ground water quality as provided in section 3714.071 of the Revised Code unless the director determines that it is unlikely that a negative impact... |
|
Section 3714.073 | Fee for disposal of debris - collection - disposition.
...(A) In addition to the fee levied under division (A)(1) of section 3714.07 of the Revised Code, beginning July 1, 2005, there is hereby levied on the disposal of construction and demolition debris at a construction and demolition debris facility that is licensed under this chapter or at a solid waste facility that is licensed under Chapter 3734. of the Revised Code and on the disposal of asbestos or asbestos-containi... |
|
Section 3714.074 | Use of funds to abate abandoned accumulations of construction and demolition debris.
...ed in section 3714.07 of the Revised Code for the purpose specified in division (B) of this section if both of the following apply: (1) It is the end of the fiscal year. (2) The board determines that it has more money in the fund than is necessary for the board to administer and enforce this chapter and rules adopted under it for the following fiscal year. (B) A board of health may use excess money as describ... |
|
Section 3714.08 | Annual inspection - investigation of facility.
...ction shall cause each construction and demolition debris facility for which the board or the director, as appropriate, issued a license under section 3714.06 of the Revised Code to be inspected and shall cause a record to be made of each inspection. The board or the director shall require each such facility to be in substantial compliance with this chapter and rules adopted under it. (B) Within thirty days after th... |
|
Section 3714.081 | Pulverized debris not to be accepted.
...(A) A construction and demolition debris facility shall not accept pulverized debris. (B) The board of health of a health district in which a construction and demolition debris facility is located, the director of environmental protection, or an authorized representative of either may request the removal of pulverized debris that has been brought to the construction and demolition debris facility. A board, the direc... |
|
Section 3714.082 | Certification that transferred material not ineligible.
...on debris facility may request a p rocessing facility to certify that material that is transferred from the p rocessing facility to the construction and demolition debris facility is not off-specification material; hazardous waste, solid wastes, or infectious wastes; or low-level radioactive waste whose treatment, recycling, storage, or disposal is governed under division (B) of section 3748.10 of the Revised Code. A... |
|
Section 3714.083 | Notice of rejection of ineligible material.
...owner or operator of a construction and demolition debris facility rejects a load of debris that has been accepted at the unloading zone of the facility because the load is not eligible for disposal at the facility under this chapter and rules adopted under it, including section 3714.081 of the Revised Code, the owner or operator shall notify the director of environmental protection or a board of health, as applicabl... |
|
Section 3714.09 | Health district approved list.
... for the purpose of permitting and licensing construction and demolition debris facilities under this chapter if the director determines that the board is both capable of and willing to enforce all of the applicable requirements of this chapter and rules adopted under it. (2) The director shall annually survey each health district on the approved list under division (B)(1) of this section to determine whether there ... |
|
Section 3714.10 | Denial, suspension, modification or revocation of license.
...th district in which a construction and demolition debris facility is located or the director of environmental protection may deny, suspend, or revoke a license for the facility under section 3714.06 of the Revised Code for violation of any section of this chapter, a rule adopted under it, or a term or condition of the facility's license. No application for a license to be issued under this chapter shall be denied an... |