Ohio Revised Code Search
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Section 3706.19 | Office of ombudsperson for small business stationary source technical and environmental compliance assistance program - duties - grants to small businesses.
...(A) There is hereby created in the Ohio air quality development authority the office of ombudsperson for the small business stationary source technical and environmental compliance assistance program created under section 3704.18 of the Revised Code. The office shall exercise its duties independently of any other state agency. (B) The governor, with the advice and consent of the senate, shall appoint the ombu... |
Section 3706.20 | Public meetings and records.
...All meetings of the Ohio air quality development authority shall be public. All final actions of the authority shall be journalized and such journal and the records of the authority shall be open to public inspection at all reasonable times, except that any records or information relating to secret processes or secret methods of manufacture or production that may be obtained by the authority or other persons acting u... |
Section 3706.21 | Liberal construction of chapter.
...Sections 3706.01 to 3706.20, inclusive, of the Revised Code being necessary for the welfare of the state and its inhabitants shall be liberally construed to effect the purposes thereof. |
Section 3706.25 | Advanced energy projects definitions.
...As used in sections 3706.25 to 3706.29 of the Revised Code: (A) "Advanced energy project" means any technologies, products, activities, or management practices or strategies that facilitate the generation or use of electricity or energy and that reduce or support the reduction of energy consumption or support the production of clean, renewable energy for industrial, distribution, commercial, institutional, governme... |
Section 3706.28 | Advanced energy project determinations conclusive.
...(A) Determinations made by the executive director of the Ohio air quality development authority, with the affirmative vote of a majority of the members of the authority, that a particular project is an advanced energy project and is consistent with Chapter 166. of the Revised Code and Section 2p or 13 of Article VIII, Ohio Constitution, shall be conclusive as to the validity and enforceability of the obligatio... |
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 3706.40 | Definitions for sections 3706.40 to 3706.65.
...As used in sections 3706.40 to 3706.65 of the Revised Code: (A) "Qualifying solar resource" means an electric generating facility in this state to which all of the following apply: (1) The facility uses or will use solar energy as the primary energy source. (2) The facility obtained a certificate for construction of a major utility facility from the power siting board prior to June 1, 2019. (3) The facility i... |
Section 3706.41 | Application for solar energy credits.
...Not later than February 1, 2020, the owner or operator of a qualifying solar resource may apply to the Ohio air quality development authority to receive payments for solar energy credits under section 3706.55 of the Revised Code. |
Section 3706.43 | Review and approval.
...After receiving an application under section 3706.41 of the Revised Code, the Ohio air quality development authority shall review and approve the application, not later than March 31, 2020, if the resource meets the definition of a qualifying solar resource in section 3706.40 of the Revised Code. |
Section 3706.431 | Confidentiality.
...All financial and proprietary information, including trade secrets, submitted to the Ohio air quality development authority under sections 3706.41 and 3706.43 of the Revised Code is confidential information and is not a public record for the purpose of section 149.43 of the Revised Code. |
Section 3706.45 | Report to Ohio air quality development authority; issuance of credit.
...(A) An owner or operator of a qualifying solar resource whose application was approved under section 3706.43 of the Revised Code shall report to the Ohio air quality development authority, not later than seven days after the close of each quarter, the number of megawatt hours the resource produced, if any, in the previous quarter. The first report shall be made not later than April 7, 2020, and the last report shall ... |
Section 3769.083 | Ohio thoroughbred race fund.
...ving the breeding, raising, racing, and health and soundness of thoroughbred horses in the state and toward education or promotion of the industry. Research for which the moneys from the fund may be used may include, but shall not be limited to, studies of pre-race blood testing, post-race testing, improvement of the breed, and nutrition. (E) The state racing commission shall appoint qualified personnel as may be re... |
Section 3769.084 | Ohio thoroughbred racing advisory committee.
...(A) The Ohio thoroughbred racing advisory committee is hereby created to consist of three members appointed by the governor with the advice and consent of the senate. The members of the committee shall be residents of the state knowledgeable in the breeding and racing of thoroughbred horses. The Ohio thoroughbred horsemen's association and representatives of Ohio thoroughbred race tracks may submit to the governor th... |
Section 3769.085 | Ohio standardbred development fund.
...ving the breeding, raising, racing, and health and soundness of horses in the state and toward education or promotion of the industry. |
Section 3769.086 | Return money when races or fairs are not conducted.
...(A) If a county agricultural society or independent agricultural society is unable to conduct races in accordance with section 3769.082 of the Revised Code because of unfavorable weather or another cause or if the number of horse races and stake races that are conducted by an agricultural society is fewer than the number that was scheduled to be conducted, the pro rata remainder of the money distributed from the Ohio... |
Section 3769.087 | Retaining additional tax and amount from certain wagering.
...(A) In addition to the commission of eighteen per cent retained by each permit holder as provided in section 3769.08 of the Revised Code, each permit holder shall retain an additional amount equal to four per cent of the total of all moneys wagered on each racing day on all wagering pools other than win, place, and show, of which amount retained an amount equal to three per cent of the total of all moneys wagered on ... |
Section 3769.088 | Making assessment for failure to pay taxes.
...(A)(1) If any permit holder required by this chapter to pay the taxes levied by sections 3769.08, 3769.087, 3769.26, and 3769.28 of the Revised Code fails to pay the taxes as required, the tax commissioner may make an assessment against the permit holder based upon any information in the commissioner's possession. (2) If a permit holder required to remit taxes or file a report electronically in the manner pre... |
Section 3769.089 | Simulcast horse racing.
...(A) As used in this chapter: (1) "Racing day" means any day authorized under a permit holder's permit on which, at a simulcast host, either a live racing program is conducted as authorized under section 3769.07 of the Revised Code or a simulcast racing program is conducted as authorized under this section. (2) "Live racing day" means a racing day on which a live racing program is conducted by the permit holder alon... |
Section 3769.0810 | Collection and settlement agent for simulcast fees.
...(A) As used in this section: (1) "Collection and settlement agent" means the permit holder designated by the state racing commission under division (B) of this section. (2) "Racing week" means a seven-day period commencing on a Monday and ending on a Sunday. (3) "Simulcast guest" and "simulcast host" have the same meanings as in section 3769.089 of the Revised Code. (4) "Satellite facility" has the same meaning a... |
Section 3769.0811 | Rescheduling of dates and location of horse races.
...(A)(1) Except as provided in division (A)(2) of this section, horse races that are conducted by a county agricultural society or independent agricultural society in accordance with section 3769.082 of the Revised Code shall be conducted at the fairgrounds of the sponsoring agricultural society or, with the approval of the director of agriculture, at a track designated by the agricultural society in the applicable cou... |
Section 3769.0812 | Fees paid to thoroughbred jockeys.
...Beginning in the calendar year after the first calendar year in which all thoroughbred permit holders receive a commission as a lottery sales agent for conducting video lottery terminal gaming on behalf of the state or on January 1, 2015, whichever occurs first, the fees to be paid to thoroughbred jockeys shall be according to the following schedule: Purse Winning Mount Second Mount Third Mount Fourth Mount ... |
Section 3769.09 | Commission to employ racing inspectors.
...The state racing commission shall employ a racing inspector to attend each horse-racing meeting, held under a permit issued under sections 3769.01 to 3769.14 of the Revised Code. Such racing inspector shall give bond in the sum of five thousand dollars with sufficient sureties to be approved by and made payable to the treasurer of state, which bond shall be filed with the secretary of state. Such racing inspectors sh... |
Section 3769.091 | Imposing fines and suspensions.
...The state racing commission may delegate to the stewards and judges of racing meetings under the jurisdiction of the commission the power to suspend licenses for not to exceed one year and to impose fines not to exceed one thousand dollars for any violation of the rules or orders of the commission, provided that two of such officials shall concur in such suspension. Any suspension of a license by such officials is va... |
Section 3769.10 | Enforcement of chapter - taxes, fees.
...The state racing commission and the tax commissioner shall enforce this chapter and may incur such expenses as are necessary; provided, that the power of the tax commissioner shall extend only to enforcement and administration of the taxes levied by sections 3769.08, 3769.087, 3769.26, and 3769.28 of the Revised Code as provided in those sections and in sections 3769.088, 3769.101, 3769.102, 3769.103, 5703.05, ... |
Section 3769.101 | Horse-racing tax revenue fund.
...commissioner shall pay into the nursing home franchise permit fee fund, Ohio fairs fund, Ohio thoroughbred race fund, Ohio standardbred development fund, and state racing commission operating fund created under this chapter the amounts required by sections 3769.08, 3769.087, and 3769.26 of the Revised Code based on amounts received in the preceding month. |
Section 3769.102 | Horse-racing tax municipality fund.
...(A) For the purpose of receiving, distributing, and accounting for revenue received from the tax levied by section 3769.28 of the Revised Code, there is hereby created in the state treasury the horse-racing tax municipality fund. (B) All moneys collected from the tax imposed by section 3769.28 of the Revised Code shall be deposited into the horse-racing tax municipality fund. (C) On or before the fifteenth d... |
Section 3769.103 | Remittance of tax due.
...(A) On each day on which banks are open for business, or not later than noon of the calendar day following a racing day on which banks are not open for business, a permit holder shall remit the amount of tax due under sections 3769.08, 3769.087, and 3769.26 of the Revised Code in the manner required by the commissioner. The permit holder shall file with the tax due a report in the form required by the commissio... |
Section 3769.12 | Duty of county sheriffs.
...The county sheriff shall enforce sections 3769.01 to 3769.14, inclusive, of the Revised Code. |
Section 3769.13 | Damaged track - permit to hold meeting elsewhere.
...(A) Any person, association, trust, or corporation owning, leasing, or operating a race track, place, or enclosure which has been damaged by fire or other cause and at which in any year such a person, association, trust, or corporation has held or conducted a horse-racing meeting under a permit issued by the state racing commission, may be issued a permit by said commission to hold or conduct a horse-racing meeting a... |
Section 3769.131 | Consolidating permits.
...Notwithstanding sections 3769.07 and 3769.13 of the Revised Code, any person operating or conducting a horse-racing meeting at any race track, place, or enclosure in 1990 under a permit issued by the state racing commission, or the successor in interest to such person, may, with the approval of the commission, consolidate and hold in one entity all permits issued by the commission for horse racing at the same race tr... |
Section 3769.14 | Submission of question of prohibiting horse racing - duties of board of elections.
...If there is presented to the board of elections of any county a petition, sworn to in the manner provided by section 3513.27 of the Revised Code and signed by thirty-five per cent of the qualified and registered electors, where such qualified electors are required to be registered to enjoy the privilege of suffrage, as shown by the most recent general election, but in no event shall such petition contain less than th... |
Section 3769.17 | Change of name for purpose of entry.
...The name of a horse, mare, gelding, colt, or filly for entry for competition in a contest of speed shall not be changed after having contested for a prize, purse, premium, stake, or sweepstake, except as provided by the printed rules of the society or association under which such contest is advertised to be conducted. |
Section 3769.18 | Determination of class for purpose of entry.
...The class to which a horse belongs for an entry in a contest of speed shall be determined by its public performance in former contests or trials of speed, as provided by the printed rules of the society or association under which such contest is advertised to be conducted. |
Section 3769.20 | Major capital improvement project tax reduction.
...ss of the amount paid into the nursing home franchise permit fee fund, shall be reduced by one per cent of the total amount wagered for those permit holders who carry out a major capital improvement project. The percentage of the reduction that may be taken each racing day shall equal seventy-five per cent of the amount of the taxes levied under divisions (B) and (C) of section 3769.08, section 3769.087, and d... |
Section 3769.201 | Cleanup, repair or improvement related to 1997 Ohio river flood tax reduction.
...The holder of a permit issued under section 3769.06 of the Revised Code may apply to the state racing commission for the tax reduction available under section 3769.20 of the Revised Code for the cost to the permit holder of any cleanup, repair, or improvement required as a result of damage caused by the 1997 Ohio river flood to the place, track, or enclosure for which the permit is issued. As part of the application... |
Section 3769.21 | Thoroughbred horsemen's health and retirement fund.
... to establish a thoroughbred horsemen's health and retirement fund and a corporation may be formed pursuant to Chapter 1702. of the Revised Code to establish a harness horsemen's health and retirement fund to be administered for the benefit of horsemen. As used in this section, "horsemen" includes any person involved in the owning, breeding, training, grooming, or racing of horses which race in Ohio, except for the o... |
Section 3702.308 | Severability.
...If any provision in sections 3702.302 to 3702.307 of the Revised Code is enjoined, the injunction does not affect any remaining provision of those sections, any provision of section 3702.30 of the Revised Code, or any provision of the rules adopted under that section. |
Section 3702.309 | Suspension of ambulatory surgical license.
...utomatically suspended. The director of health shall reinstate the license if one of the following occurs: (1) The facility files with the director a copy of a written transfer agreement that meets the requirements of section 3702.303 of the Revised Code. (2) The director grants the facility a variance pursuant to the requirements and procedures under section 3702.304 of the Revised Code; (3) The license is requir... |
Section 3702.3010 | Maximum distance of local hospital from ambulatory surgical facility.
...A local hospital shall not be further than thirty miles from an ambulatory surgical facility with which the local hospital has a written transfer agreement under section 3702.303 of the Revised Code. |
Section 3702.3011 | [Former R.C. 3702.305, renumbered by S.B. 157 of the 134th General Assembly, effective 3/23/2022] Conditions on variance.
...The director of health may impose conditions on any variance the director has granted under section 3702.304 of the Revised Code. The director may, at any time, rescind the variance for any reason, including a determination by the director that the facility is failing to meet one or more of the conditions or no longer adequately protects public health and safety. The director's decision to rescind a variance is final... |
Section 3702.3012 | Surgical smoke evacuation policy.
...acuation system. (C) The director of health may adopt any rules the director considers necessary to implement this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. |
Section 3702.31 | Quality monitoring and inspection fund.
... in the state treasury. The director of health shall use the fund to administer and enforce this section and sections 3702.30, 3702.301, 3702.32, and 3702.33 of the Revised Code and rules adopted pursuant to those sections. The director shall deposit in the fund any moneys collected pursuant to this section or section 3702.32 of the Revised Code. All investment earnings of the fund shall be credited to the fund. (... |
Section 3702.32 | Violations.
...(A) If the director of health determines that a health care facility is operating without a license in violation of division (E)(1) of section 3702.30 of the Revised Code, the director shall do one or more of the following: (1) Provide an opportunity for the health care facility to apply for a license within a specified time, not exceeding thirty days after the date of the facility's receipt of the order; (2) Issue... |
Section 3702.33 | Petition to enjoin unlicensed health care facility.
...Any person who believes a health care facility is operating without a license in violation of division (E) of section 3702.30 of the Revised Code may petition the court of common pleas of the county in which the facility is located for an order enjoining the facility from continuing to operate without a license. The court shall grant the order on a showing that the facility named in the petition is violating division... |
Section 3702.34 | Option of having a long-acting reversible contraceptive placed after delivery; exception.
...thing center notifies the department of health in writing that it has a faith-based objection to the requirement. |
Section 3702.40 | Mammogram report; dense breast tissue advisory.
...use this information to speak with your health care provider about your own risk for breast cancer. At that time, ask your health care provider if more screening tests might be useful based on your risk. A report of your mammogram results was sent to your health care provider." As required by 21 C.F.R. 900.12(c)(3), the facility shall send to the patient's health care provider, if known, a copy of the written repor... |
Section 3702.51 | Certificate of need definitions.
...with applicable law, including a county home or a county nursing home that is certified under Title XVIII or Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, is staffed and equipped to provide long-term care services, and is actively providing long-term care services; (2) A long-term care facility that is licensed or otherwise authorized to operate in this state in accordance ... |
Section 3702.511 | Reviewable activities relating to long-term care facilities.
...constitute an imminent threat to public health or safety and are in violation of federal, state, or local fire, building, or safety statutes, ordinances, rules, or regulations; (5) Acquisition of an existing long-term care facility that does not involve a change in the number of the beds; (6) Mergers, consolidations, or other corporate reorganizations of long-term care facilities that do not involve a change in... |
Section 3702.512 | Addition of twenty or fewer long-term care beds not reviewable.
... fewer long-term care beds to a nursing home is not a reviewable activity under sections 3702.51 to 3702.62 of the Revised Code, and therefore does not require a certificate of need, if all of the following apply: (1) The nursing home is licensed under section 3721.02 of the Revised Code or by a political subdivision certified under section 3721.09 of the Revised Code; (2) The nursing home does not participate in... |
Section 3702.52 | Administering certificate of need program.
...ed Code, if the relocated beds are in a home licensed under Chapter 3721. of the Revised Code, the facility's license is automatically reduced by the number of beds relocated effective fifteen days after the beds are relocated. If the beds are in a facility that is certified as a skilled nursing facility or nursing facility under Title XVIII or XIX of the "Social Security Act," the certification for the beds shall be... |
Section 3702.521 | Recategorize hospital beds to skilled nursing beds - placement in nursing home.
...pital to place a patient in any nursing home if the patient does not wish to be placed in the nursing home. Nothing in this section limits the ability of a hospital to file a certificate of need application for the addition of long-term care beds that meet the definition of "home" in section 3721.01 of the Revised Code. Nothing in this section limits the ability of the director to grant certificates of need necessary... |
Section 3702.522 | Revision of application for certificate of need.
...te of need pending with the director of health may revise the application to change the site of the proposed project unless either of the following applies: (A) The director, under section 3702.52 of the Revised Code, has mailed the applicant a written notice that the application is complete. (B) The application is subject to a comparative review under section 3702.593 of the Revised Code. The only revision ... |
Section 3702.523 | Certificates not transferable prior to completion of review.
...(A) Except as provided in division (B) of this section, a certificate of need is not transferable prior to the completion of the reviewable activity for which it was granted. If any person holding a certificate of need transfers the certificate of need to another person before the reviewable activity is completed, or enters into an agreement that contemplates the transfer of the certificate of need on the comp... |
Section 3702.524 | Duties of certificate holder within 24 months of grant.
... months after the date the director of health mails the notice that the certificate of need has been granted or, if the grant or denial of the certificate of need is appealed under section 3702.60 of the Revised Code, not later than twenty-four months after issuance of an order granting the certificate that is not subject to further appeal, each person holding a certificate of need granted shall: (1) If the p... |
Section 3702.525 | Reasonable progress required.
...ed shall demonstrate to the director of health, in the form and manner required by rules adopted under section 3702.57 of the Revised Code, that reasonable progress is being made toward the completion of the reviewable activity. If the director determines, in accordance with standards specified in the rules, that reasonable progress is not being made, the director shall withdraw the certificate of need. |
Section 3702.526 | Acceptance of application for replacement certificate of need.
...n (B) of this section, the director of health shall accept an application for a replacement certificate of need for an activity described in division (A) of section 3702.511 of the Revised Code to replace an approved certificate of need if all of the following conditions are met: (1) The applicant requests the replacement certificate of need so that the reviewable activity for which the approved certificate ... |
Section 3702.527 | Conversion of bed category.
...A bed described in division (O)(5) of section 3702.51 of the Revised Code may be converted to a bed described in division (O)(1), (2), (3), or (4) of that section only as provided in the certificate of need under which the beds were approved or its replacement certificate of need. |
Section 3702.53 | Prohibited acts.
...y has been withdrawn by the director of health under section 3702.52 or 3702.525 of the Revised Code. No person shall carry out a reviewable activity if the certificate of need authorizing that activity is void pursuant to section 3702.523 of the Revised Code or has expired pursuant to section 3702.524 of the Revised Code. (B) No person shall separate portions of any proposal for any reviewable activity to evade the... |
Section 3702.531 | Investigations.
...The director of health shall evaluate and may investigate evidence that appears to demonstrate that any person has violated section 3702.53 of the Revised Code. If the director elects to conduct an investigation, the director shall mail to the alleged violator by certified mail, return receipt requested, a notice that an investigation is underway. When conducting an investigation under this section, the direc... |
Section 3702.532 | Notice of violation.
...When the director of health determines that a person has violated section 3702.53 of the Revised Code, the director shall send a notice to the person by certified mail, return receipt requested, specifying the activity constituting the violation and the penalties imposed under section 3702.54 of the Revised Code. |
Section 3702.54 | Civil penalty.
...this section apply when the director of health determines that a person has violated section 3702.53 of the Revised Code. (A) The director shall impose a civil penalty on the person in an amount equal to the greatest of the following: (1) Three thousand dollars; (2) Five per cent of the operating cost of the activity that constitutes the violation during the period of time it was conducted in violation of se... |