Ohio Revised Code Search
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Section 4517.57 | Hearing procedure for protest.
...(A) Upon receiving a notice of protest pursuant to section 4517.50, 4517.53, 4517.54, or 4517.56 of the Revised Code, the motor vehicle dealers board shall set a time, which shall be within one hundred eighty days of such order, and place of hearing and send by certified mail a copy of the order to the franchisor, the protesting franchisee or dealer organization, and all individuals and groups that have requested n... |
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Section 4517.58 | Board decision.
...The decision of the motor vehicle dealers board on any matter heard under section 4517.57 of the Revised Code shall be in writing and shall contain findings of fact and a determination of the issues presented. If the board fails to act within thirty days after the board receives a proposed decision from the hearing officer or within any longer period mutually agreed upon by the parties, the proposed decision shall be... |
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Section 4517.59 | Prohibited acts.
...lowed to be charged by the dealer under Ohio law; (22) Require, coerce, or attempt to coerce any new motor vehicle dealer in this state to change the capital structure of the new motor vehicle dealer or the means by or through which the new motor vehicle dealer finances the operation of the dealership provided that: (a) The new motor vehicle dealer at all times shall meet any reasonable capital standards determin... |
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Section 4517.60 | Indemnification and holding harmless of franchisee.
... franchisor within twenty-eight days of service of summons on the franchisee of pending suits in which allegations are made that come within this section and shall cooperate with the franchisor in the defense of such suits. |
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Section 4517.61 | Franchisor's damage disclosure statement.
...Each franchisor shall disclose to its franchisees in writing prior to or at the time of delivery of any new motor vehicle any damage to the motor vehicle that has been corrected after completion of the manufacturing process and exceeds six per cent of the franchisor's suggested retail price of the motor vehicle, as measured by retail repair costs. Each franchisee shall provide the purchaser of any such repaired motor... |
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Section 4517.62 | Franchisee's duties to franchisor and public.
...roperly represented in the franchisee's sales area so that the reputation and trade mark of the franchisor shall be protected and so that the general public will receive adequate servicing of the franchisor's products, and said franchisee shall act at all times in good faith. |
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Section 4517.63 | Writing required for certain actions.
...r transfer, or otherwise dispose of his business, shall be in writing and signed by the authorized representative of the franchisor. |
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Section 4517.64 | Duties of franchisor.
...(A) No franchisor shall do any of the following: (1) Fail to obey a requirement or order made by the motor vehicle dealers board, or the order of any court upon application of the board; (2) Fail to perform a duty imposed upon it by sections 4517.50 to 4517.65 of the Revised Code or do any act prohibited by those sections. (B) No franchisee or prospective transferee shall fail to perform a duty imposed upon it by ... |
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Section 4517.65 | Liability of franchisor.
... to approve the sale or transfer of the business or a controlling interest in a franchisee for other than good cause, the franchisee or prospective transferee may, in lieu of filing a protest with the motor vehicle dealers board, recover damages under division (A) of this section. (C) The franchisor shall be liable to the franchisee or prospective transferee for reasonable attorney fees, witness fees, and any other ... |
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Section 4517.99 | Penalty.
...Whoever violates any provision of sections 4517.01 to 4517.65 of the Revised Code for which no penalty otherwise is provided in the section that contains the provision violated, or any rule promulgated by the registrar of motor vehicles or the motor vehicle dealers board under sections 4517.01 to 4517.45 of the Revised Code, is guilty of a misdemeanor of the fourth degree. |
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Section 4712.01 | Credit services organization act definitions.
...is a nonprofit organization exempt from taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended, and that the service is in compliance with Chapter 4710. of the Revised Code; (g) A consumer reporting agency that is in substantial compliance with the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a, as amended. (h) A mortgage banker; (i) Any ... |
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Section 4712.02 | Certificate of registration.
...inancial institutions before conducting business in this state. The registration application shall be accompanied by a one-hundred-dollar fee and shall contain all of the following information: (1) The name and address of the credit services organization; (2) The name and address of any person that directly or indirectly owns or controls ten per cent or more of the outstanding shares of stock in the organizatio... |
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Section 4712.03 | Suspension, revocation or refusal of certificate of registration.
...After notice and a hearing conducted in accordance with Chapter 119. of the Revised Code, the superintendent of financial institutions may suspend, revoke, or refuse to issue or renew a certificate of registration if any of the following conditions applies to the applicant for registration or registrant: (A) The applicant or registrant obtained a certificate of registration through any false or fraudulent representa... |
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Section 4712.04 | Providing buyer with written statement of rights.
...ur contract for any reason within three business days from the date you signed it." (C) The credit services organization shall maintain a copy of the statement, signed by the buyer, acknowledging receipt of the statement. The copy shall be maintained in the organization's files for at least two years after the date on which the statement is provided to the buyer. (D) The credit services organization, in a timely ma... |
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Section 4712.05 | Contents and execution of contract.
...t any time before midnight of the third business day after the date you signed it. See the attached notice of cancellation form for an explanation of this right." (2) The terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to another person; (3) A full and detailed description of the services to be performed for the buyer by ... |
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Section 4712.06 | Surety bond.
...dit services organization shall conduct business in this state unless the organization has obtained a surety bond issued by a surety company authorized to do business in this state and all of the following conditions are met: (1) A copy of the bond is filed with the division of financial institutions. (2) The bond is in favor of any person, and of the state for the benefit of any person, that is injured by any viol... |
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Section 4712.07 | Prohibited acts.
...r deceptive act, practice, or course of business in connection with the offer or sale of the services of a credit services organization. |
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Section 4712.071 | Prohibited extensions of credit.
...No credit services organization shall sell, provide, or perform any of the services authorized under division (C)(1) of section 4712.01 of the Revised Code in connection with an extension of credit that meets any of the following conditions: (A) The amount of credit is less than five thousand dollars. (B) The repayment term is one year or less. (C) The annual percentage rate exceeds twenty-eight per cent. For... |
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Section 4712.08 | Prohibiting fraudulent activities.
...ng or other means in the conduct of its business or engage in a continued course of misrepresentations in the conduct of its business; (C) Engage in conduct that constitutes improper, fraudulent, or dishonest dealings in the conduct of its business; (D) Fail to notify the division of financial institutions if the credit services organization is convicted, in a court of competent jurisdiction of this state or any ot... |
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Section 4712.09 | Waiving rights.
...(A) No credit services organization shall cause or attempt to cause a buyer to waive a right under sections 4712.01 to 4712.14 of the Revised Code. (B) Any waiver by a buyer of a right under sections 4712.01 to 4712.14 of the Revised Code is void. |
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Section 4712.10 | Action for recovery of damages.
... amount paid by the buyer to the credit services organization, plus reasonable attorney's fees and court costs. (3) The buyer may be awarded punitive damages. (4) No action shall be brought under division (A)(1) of this section after four years after the date of the execution of the contract for services to which the action relates. (B)(1) The division of financial institutions, the attorney general, or a buyer ma... |
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Section 4712.11 | Violating consumer sales practices act.
...(A) A violation of division (J) of section 4712.02, division (E) of section 4712.04, division (D) or (E) of section 4712.05, division (A) of section 4712.06, section 4712.07 or 4712.08, or division (A) of section 4712.09 of the Revised Code is deemed to be an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code. |
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Section 4712.12 | Investigating violations - injunctions.
...(A) The division of financial institutions may investigate alleged violations of sections 4712.01 to 4712.14 of the Revised Code, or the rules adopted thereunder, or complaints concerning any such violation. The division may make application to the court of common pleas for an order enjoining any such violation and, upon a showing by the division that a person has committed, or is about to commit, such a violation, t... |
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Section 4712.13 | Disclosing certificate of registration number.
...A credit services organization shall disclose in any printed or published advertisement relating to the credit services organization's services, the number designated on the certificate of registration that is issued to the credit services organization by the division of financial institutions under sections 4712.01 to 4712.14 of the Revised Code. No credit services organization shall fail to comply with this section... |
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Section 4712.14 | Administrative rules.
...The superintendent of financial institutions may adopt, in accordance with Chapter 119. of the Revised Code, reasonable rules to carry out the purposes of sections 4712.01 to 4712.14 of the Revised Code. |
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Section 5312.08 | Common elements; maintenance, repair and replacement.
...(A) Unless otherwise provided by the declaration, the owners association is responsible for reasonable maintenance, repair, and replacement of the common elements, and each owner is responsible for maintenance, repair, and replacement of the owner's lot and improvements to that lot, including the dwelling unit and the utility lines serving that dwelling unit. (B) An owner shall permit agents or employees of th... |
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Section 5312.09 | Assignment or conveyance of rights or interest in common elements.
...(A)(1) The owners association may not assign the right to common assessments, or the future income from those assessments, or convey any fee interest or any security interest in any portion of the common elements unless the declaration specifically provides for such a conveyance or seventy-five per cent of the voting power of the owners association, or any larger percentage the declaration specifies, approves t... |
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Section 5312.10 | Common expense liability.
...(A)(1) In accordance with its declaration, all costs the owners association incurs in the administration, governance, and maintenance of a planned community are common expenses. Unless otherwise provided in the declaration, all costs of the administration, operation, maintenance, repair, and replacement of the common elements are common expenses. (2) The common expense liability of each lot shall be allocated... |
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Section 5312.11 | Individual lot assessments.
... and individual assessments for utility service that are imposed or levied in accordance with the declaration, as well as expenses the board incurs in collecting those assessments; (2) Costs of maintenance, repair, or replacement incurred due to the willful or negligent act of an owner or occupant of a lot or their family, tenants, guests, or invitees, including, but not limited to, attorney's fees, court costs, an... |
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Section 5312.12 | Liens.
...r created, except liens for real estate taxes and assessments of political subdivisions and liens of first mortgages that have been filed for record prior to the recording of the lien, and may be foreclosed in the same manner as a mortgage on real property in an action brought by the owners association. (C)(1) In any foreclosure action that the holder of a lien commences, the holder shall name the owners associ... |
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Section 5312.13 | Compliance with covenants, conditions and restrictions; action for damages.
...The owners association and all owners, residents, tenants, and other persons lawfully in possession and control of any part of an ownership interest shall comply with any covenant, condition, and restriction set forth in any recorded document to which they are subject, and with the bylaws and the rules of the owners association, as lawfully amended. Any violation is grounds for the owners association or any own... |
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Section 5312.14 | Service of process.
... or be sued as a separate legal entity. Service of summons or other process may be made upon the owners association by serving the process personally upon the president of the board of directors or the person named as statutory agent of the association if it is an incorporated entity. Any action brought by or on behalf of the owners association shall be pursuant to authority granted by the board of directors. |
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Section 5312.15 | Construction of chapter.
...This chapter shall be construed to establish a uniform framework for the operation and management of planned communities in this state and to supplement any planned community governing document that is in existence on the effective date of this chapter. In the event of a specific conflict between this chapter and express requirements or restrictions in such a governing document, the governing document shall control. ... |
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Section 5312.16 | Solar energy collection devices.
...(A) Unless specifically prohibited in the declaration, any owner may install a solar energy collection device on the owner's dwelling unit or other location within the owner's lot if either of the following conditions apply: (1) The cost to insure, maintain, repair, and replace the unit's roof or alternative location within the lot is not a common expense of the owners association and is instead the owner's respons... |
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Section 5526.01 | Contracts for professional services definitions.
...ules 5501:2-5-01 to 5501:2-5-06 of the Ohio Administrative Code; the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970," 84 Stat. 1894, 42 U.S.C. 4601, et seq., as amended; the "Surface Transportation and Uniform Relocation Assistance Act of 1987," Public Law No. 100-17, 101 Stat. 132; applicable provisions of Titles 23 and 49 of the Code of Federal Regulations; and any applicab... |
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Section 5526.02 | Contracts for professional services.
...ith any qualified firm for professional services in accordance with this chapter. |
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Section 5526.03 | Notice of intent to enter into contract for professional services.
... enter into a contract for professional services. The director shall advertise the public notice via the internet or by other means to ensure that qualified firms are notified and given the opportunity to be considered for the award of the contract. The director may include more than one contract in a single public notice. The director may limit the number of contracts to which a firm may respond for the purpose of e... |
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Section 5526.04 | Prequalification requirements for firms seeking to provide professional services.
...r firms seeking to provide professional services and may require that each prequalified firm maintain a current statement of qualifications with the department of transportation. The prequalification requirements shall be based on the factors set forth in division (D) of section 5526.01 of the Revised Code. |
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Section 5526.05 | Evaluation of qualifications.
...(A) For every professional service contract for which the department of transportation provides public notice under section 5526.03 of the Revised Code, the director of transportation shall evaluate the qualifications of each firm seeking to enter into the contract with the department. The director may hold discussions with any such firm for the purposes of obtaining more information about a statement of qualificatio... |
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Section 5526.06 | Contracts for professional services rules.
...Code. When contracting for professional services for the purpose of addressing the emergency, the director shall comply with that section. (3) A project requiring special expertise where there exist fewer than three qualified firms. |
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Section 5526.07 | Professional liability insurance policy.
... or companies that are authorized to do business in this state and that afford professional liability coverage for the professional services rendered. The insurance shall be in an amount considered sufficient by the director of transportation. (B) The requirement to have or be covered by professional liability insurance under division (A) of this section may be waived by the director for good cause. |
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Section 5526.08 | Emergency declaration.
...e performance of emergency professional services. Not later than thirty days after the professional services have been performed, the director shall submit a written report to the controlling board indicating the amount of the emergency contract, the services performed by the firm, and the circumstances giving rise to the emergency. |
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Section 5537.01 | Turnpike commission definitions.
...s the case may be, from revenues, state taxes, or the proceeds of bonds as authorized by this chapter. (E) "Owner" includes all persons having any title or interest in any property authorized to be acquired by the commission for turnpike projects under this chapter, or the public entity for whom an infrastructure project is funded, in whole or in part, by the commission under this chapter. (F) "Revenues" means al... |
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Section 5537.02 | Ohio turnpike and infrastructure commission.
... payable solely from revenues and state taxes, and no liability or obligation shall be incurred by the commission beyond the extent to which revenues have been provided for pursuant to this chapter. |
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Section 5537.03 | Turnpike and infrastructure projects.
...ts that improve and enhance mobility in Ohio, and also to promote the agricultural, recreational, tourism, and commercial, industrial, and economic development of the state, and to provide for the general welfare by the construction, improvement, and maintenance of modern express highways embodying safety devices, including without limitation center divisions, ample shoulder widths, longsight distances, multiple lane... |
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Section 5537.04 | Authority and powers of turnpike and infrastructure commission.
...2) Employ or retain or contract for the services of consulting engineers, superintendents, managers, and any other engineers, construction and accounting experts, financial advisers, trustees, marketing, remarketing, and administrative agents, attorneys, and other employees, independent contractors, or agents that are necessary in its judgment and fix their compensation, provided all such expenses shall be payable so... |
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Section 5537.041 | Appeal of turnpike invoice.
...erson that receives an invoice from the Ohio turnpike and infrastructure commission may request an administrative hearing with the commission at the commission's principal office to dispute the invoice. The person may present evidence at the hearing. (2) Notwithstanding sections 1901.18, 1901.20, 1907.02, and 1907.031 of the Revised Code, the commission has exclusive original jurisdiction over a dispute regarding a... |
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Section 5537.05 | Construction of grade separations at intersections of turnpike projects.
...npike project or from revenues or state taxes. (1) If the commission finds it necessary to change the location of any portion of any public road, railroad, or public utility facility, it shall cause the same to be reconstructed at the location the governmental agency having jurisdiction over such road, railroad, or public utility facility considers most favorable. The construction shall be of substantially the same ... |
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Section 5537.051 | Responsibility for maintenance and repair and replacement of failed grade separations.
...ct with a county or township road, the Ohio turnpike and infrastructure commission is responsible for the major maintenance and repair and replacement of failed grade separations. The governmental entity with jurisdiction over the county or township road is responsible for routine maintenance of such failed grade separations. (2) This section does not apply to any grade separation at intersections of a turnpi... |
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Section 5537.06 | Acquiring and disposing of property.
...(A) The Ohio turnpike and infrastructure commission may acquire by purchase, lease, lease-purchase, lease with option to purchase, appropriation, or otherwise and in such manner and for such consideration as it considers proper, any public or private property necessary, convenient, or proper for the construction, maintenance, or efficient operation of the Ohio turnpike system. The commission may pledge net reve... |