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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 ...

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...

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...

Section 3717.48 | Confidentiality of information.

...y court. If the licensor is a board of health, the board may share the information with the director of health and director of agriculture. If the licensor is the director of health, the director may share the information with the director of agriculture. The licensor shall maintain the confidentiality of the information, except that the information may be consolidated in statistical tables and published by the lic...

Section 3717.49 | Licensor may suspend or revoke food service operation license.

...sents an immediate danger to the public health, prior to initiating action to suspend or revoke a food service operation license, the licensor shall give the license holder written notice specifying each violation and a reasonable time within which each violation must be corrected to avoid suspension or revocation of the license. The licensor may extend the time specified in the notice for correcting a violation if t...

Section 3717.50 | Prosecution and other remedies for violations.

...son. If the licensor is the director of health, the prosecution shall be commenced by the attorney general. If the licensor is a board of health, the prosecution shall be commenced by the prosecutor with jurisdiction in the area where the alleged violation occurred. At the request of a board of health acting as licensor, the director of health shall provide enforcement support to assist in the prosecution of a perso...

Section 3717.51 | Director of health to adopt rules.

...4 of the Revised Code, the director of health shall adopt rules regarding food service operations, as follows: (A) Licensing categories for food service operations and licensing requirements for each category; (B) Standards and procedures, including a schedule of frequency, for conducting inspections of food service operations; (C) Standards and procedures for conducting investigations of complaints pertaini...

Section 3717.52 | Director of health to adopt rules.

...04 of the Revised Code, the director of health shall adopt rules establishing procedures for the following: (A) Appeals of proposed suspension or revocation of food service operation licenses and appeals of suspension of licenses issued for violations presenting immediate danger to the public health; (B)(1) Surveys conducted by the director to determine whether boards of health are qualified and have the capacity...

Section 3717.53 | Provision of food nutrition information and consumer incentive items.

...so includes the designation of food as healthy or unhealthy. (2) "Political subdivision" and "local legislation" have the same meanings as in section 905.503 of the Revised Code. (3) "Consumer incentive item" means any licensed media character, toy, game, trading card, contest, point accumulation, club membership, admission ticket, token, code or password for digital access, coupon, voucher, incentive, crayons...

Section 3717.99 | Penalty.

...Whoever violates section 3717.21 or 3717.41 of the Revised Code is guilty of a misdemeanor of the third degree on a first offense; for a second offense or subsequent offense, such person is guilty of a misdemeanor of the second degree. Each day the violation continues is a separate offense.

Section 3718.01 | Definitions.

...rface materials or soil. (C) "Board of health" means the board of health of a city or general health district or the authority having the duties of a board of health in any city as authorized by section 3709.05 of the Revised Code. (D) "Domestic septage" means the liquid or solid material removed from a sewage treatment system, portable toilet, or type III marine sanitation device as defined in 33 C.F.R. 159.3...

Section 3718.011 | Conditions under which sewage treatment system causes a public health nuisance.

...ge treatment system is causing a public health nuisance if any of the following situations occurs and, after notice by a board of health to the applicable property owner, timely repairs are not made to that system to eliminate the situation: (1) The sewage treatment system is not operating properly due to a missing component, incorrect settings, or a mechanical or electrical failure. (2) There is a blockage in ...

Section 3718.012 | Older sewage treatment systems.

... if the system does not cause a public health nuisance or, if the system is causing a public health nuisance as provided in section 3718.011 of the Revised Code, repairs are made to the system that eliminate the public health nuisance as determined by the applicable board of health.

Section 3718.02 | Director of health to adopt administrative rules; board of health may adopt more stringent rules.

...(A) The director of health, in accordance with Chapter 119. of the Revised Code, shall adopt, and subsequently may amend and rescind, rules of general application throughout the state to administer this chapter. Rules adopted under division (A) of this section shall do at least all of the following: (1) Require that the appropriate board of health approve or disapprove the installation, operation, and alterati...

Section 3718.021 | Board of health may regulate small flow on-site systems; OEPA regulation in default.

...(A) A board of health may regulate the siting, design, installation, operation, monitoring, maintenance, and abandonment of small flow on-site sewage treatment systems in accordance with rules adopted by the director of health under division (A)(13) of section 3718.02 of the Revised Code. If a board of health chooses to regulate small flow on-site sewage treatment systems, the board first shall send written not...

Section 3718.022 | Consideration of economic impact in adopting rules.

...02 of the Revised Code, the director of health shall consider the economic impact of the rules on property owners, the state of available technology, and the nature and economics of the available alternatives.

Section 3718.023 | Approval of installation, operation or alteration of sewage treatment systems.

...718.02 of the Revised Code, a board of health shall approve or deny the installation, operation, or alteration of sewage treatment systems the use of which has been authorized in those rules or that have been approved for use in this state by the director of health under section 3718.04 of the Revised Code. The board shall approve an installation, operation, or alteration only in the health district in which th...

Section 3718.024 | Training in best management practices.

...The director of health in cooperation with a board of health shall assess the familiarity of the board's staff with best management practices in the use of sewage treatment systems, as necessary, and conduct appropriate training to educate the board's staff in those best management practices and in the use of any new sewage treatment system technology that is recommended for use by the sewage treatment system t...

Section 3718.025 | National pollutant discharge elimination system permits.

...on agency shall not require a board of health to enter into a memorandum of understanding or any other agreement with the agency regarding the issuance of national pollutant discharge elimination system permits for off-lot household sewage treatment systems. Rather, a representative of a board of health may meet with a person who intends to install such a system to determine the feasibility of the system and r...

Section 3718.03 | Sewage treatment system technical advisory committee.

...committee consisting of the director of health or the director's designee and thirteen members who are knowledgeable about sewage treatment systems and technologies. The director or the director's designee shall serve as committee secretary and may vote on actions taken by the committee. Of the thirteen members, five shall be appointed by the governor, four shall be appointed by the president of the senate, and four ...

Section 3718.04 | Application for approval of nonconforming system - standards - notice to applicant.

...application form from the department of health. The applicant shall complete the form and include with it all of the information that is required by the department and the sewage treatment system technical advisory committee. The applicant shall submit a completed application and all required information to the director of health. (B) Upon receipt of an application, the director shall examine the application ...

Section 3718.041 | Requests for statements of approval for installers or manufacturers.

...d Code may request from the director of health a written statement acknowledging that the system or component of a system is approved for use in this state and that the approval is equivalent in all respects to the approval of a system or component of a system under section 3718.04 of the Revised Code. The director may approve or deny such a request as the director determines appropriate.

Section 3718.05 | Administration and enforcement duties of director of health.

...The director of health shall do all of the following: (A) Administer and enforce this chapter and the rules adopted under it; (B) Examine records of boards of health, in accordance with rules adopted by the director, that are determined necessary to ascertain compliance with this chapter and rules adopted under it; (C) Review and approve or disapprove rules proposed by boards of health under division (B) of ...

Section 3718.06 | Fees; disposition of proceeds.

...(A) A board of health shall establish fees in accordance with section 3709.09 of the Revised Code for the purpose of carrying out its duties under this chapter and rules adopted under it, including fees for installation permits, operation permits, and alteration permits issued by the board. All fees so established and collected by the board shall be deposited in a special fund of the district to be used exclusi...

Section 3718.07 | Survey to determine compliance - approved district list.

...The director of health shall survey each city and general health district at least once every three years to determine whether there is substantial compliance with the requirements of this chapter pertaining to health districts and the applicable rules adopted by the director under this chapter. Upon determining that there is substantial compliance, the director shall place the district on an approved list. The...

Section 3796.10 | Application to dispense.

...(A) An entity that seeks to dispense at retail medical marijuana shall file an application for licensure with the division of marijuana control. The entity shall file an application for each location from which it seeks to operate. Each application shall be submitted in accordance with rules adopted under section 3796.03 of the Revised Code. (B) The division shall issue a license to an applicant if all of the foll...

Section 3796.11 | Information provided by department of taxation.

...(A)(1) Notwithstanding section 149.43 of the Revised Code or any other public records law to the contrary or any law relating to the confidentiality of tax return information, upon the request of the division of marijuana control, the department of taxation shall provide to the division all of the following information: (a) Whether an applicant for licensure under this chapter is in compliance with the applicable ...

Section 3796.12 | Criminal records check.

...(A) As used in this section, "criminal records check" has the same meaning as in section 109.572 of the Revised Code. (B)(1) As part of the application process for a license issued under this chapter, the division of marijuana control shall require each of the following to complete a criminal records check: (a) An administrator or other person responsible for the daily operation of the entity seeking the licens...

Section 3796.13 | Employment.

...(A) Each person seeking employment with an entity licensed under this chapter shall comply with sections 4776.01 to 4776.04 of the Revised Code. Except as provided in division (B) of this section, such an entity shall not employ the person unless the person has submitted a criminal records check under those sections. The report of the resulting criminal records check shall demonstrate that the person has not been con...

Section 3796.14 | Authority of department of commerce.

...(A) The division of marijuana control may do any of the following for any reason specified in rules adopted under section 3796.03 of the Revised Code: (1) Suspend, suspend without prior hearing, revoke, or refuse to renew a license it issued under this chapter or a license or a registration the state board of pharmacy issued prior to the transfer of regulatory authority over the medical marijuana control program t...

Section 3796.15 | Enforcement by state board of pharmacy.

...(A) The division of marijuana control shall enforce this chapter, or cause it to be enforced. If the division has information that this chapter or any rule adopted under this chapter has been violated, it shall investigate the matter and take any action as it considers appropriate. (B) Nothing in this chapter shall be construed to require the division to enforce minor violations if the division determines that the...

Section 3796.16 | Reciprocity agreements.

...(A)(1) The division of marijuana control shall attempt in good faith to negotiate and enter into a reciprocity agreement with any other state under which a medical marijuana registry identification card or equivalent authorization that is issued by the other state is recognized in this state, if the division determines that both of the following apply: (a) The eligibility requirements imposed by the other state fo...

Section 3796.17 | Toll-free telephone line.

...nquiries from patients, caregivers, and health professionals regarding adverse reactions to medical marijuana and to provide information about available services and assistance. The division may contract with a separate entity to establish and maintain the telephone line on behalf of the division.

Section 3796.18 | Cultivator license.

...(A) Notwithstanding any conflicting provision of the Revised Code and except as provided in division (B) of this section, the holder of a current, valid cultivator license issued under this chapter may do either of the following: (1) Cultivate medical marijuana; (2) Deliver or sell medical marijuana to one or more licensed processors. (B) A cultivator license holder shall not cultivate medical marijuana for person...

Section 3796.19 | Processor license.

...(A) Notwithstanding any conflicting provision of the Revised Code, the holder of a current, valid processor license issued under this chapter may do any of the following: (1) Obtain medical marijuana from one or more licensed cultivators; (2) Subject to division (B) of this section, process medical marijuana obtained from one or more licensed cultivators into a form described in section 3796.06 of the Revised C...

Section 3796.20 | Dispensary license.

...(A) Notwithstanding any conflicting provision of the Revised Code, the holder of a current, valid retail dispensary license issued under this chapter, or previously issued by the state board of pharmacy, may do both of the following: (1) Obtain medical marijuana from one or more processors; (2) Dispense or sell medical marijuana in accordance with division (B) of this section. (B) When dispensing or selling ...

Section 3796.21 | Rights of current laboratory license holders.

...(A) Notwithstanding any conflicting provision of the Revised Code, the holder of a current, valid laboratory license issued under this chapter may do both of the following: (1) Obtain medical marijuana from one or more cultivators, processors, and retail dispensaries licensed under this chapter; (2) Conduct medical marijuana testing in the manner specified in rules adopted under section 3796.03 of the Revised Code....

Section 3796.22 | Rights of registered patient.

...(A) Notwithstanding any conflicting provision of the Revised Code, a patient registered under this chapter who obtains medical marijuana from a retail dispensary licensed under this chapter may do both of the following: (1) Use medical marijuana; (2) Possess medical marijuana, subject to division (B) of this section; (3) Possess any paraphernalia or accessories specified in rules adopted under section 3796.0...

Section 3796.23 | Rights of caregiver.

...(A) Notwithstanding any conflicting provision of the Revised Code, a caregiver registered under this chapter who obtains medical marijuana from a retail dispensary licensed under this chapter may do both of the following: (1) Possess medical marijuana on behalf of a registered patient under the caregiver's care, subject to division (B) of this section; (2) Assist a registered patient under the caregiver's care ...

Section 3796.24 | Liability.

...(A) The holder of a license, as defined in section 4776.01 of the Revised Code, is not subject to professional disciplinary action solely for engaging in professional or occupational activities related to medical marijuana. (B) Unless there is clear and convincing evidence that a child is unsafe, the use, possession, or administration of medical marijuana in accordance with this chapter shall not be the sole or prim...

Section 3796.27 | Financial institutions.

...(A) As used in this section: (1) "Financial institution" means any of the following: (a) Any bank, trust company, savings and loan association, savings bank, or credit union or any affiliate, agent, or employee of a bank, trust company, savings and loan association, savings bank, or credit union; (b) Any money transmitter licensed under sections 1315.01 to 1315.18 of the Revised Code or any affiliate, agent,...

Section 3796.28 | Rights of employer.

...(A) Nothing in this chapter does any of the following: (1) Requires an employer to permit or accommodate an employee's use, possession, or distribution of medical marijuana; (2) Prohibits an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because of that person'...

Section 3796.29 | Limitations on number of. cultivators, processors, or retail dispensaries by localities.

...The legislative authority of a municipal corporation may adopt an ordinance, or a board of township trustees may adopt a resolution, to prohibit, or limit the number of, cultivators, processors, or retail dispensaries licensed under this chapter within the municipal corporation or within the unincorporated territory of the township, respectively. This section does not authorize the legislative authority of a municip...

Section 3796.30 | Activities prohibited near schools, churches, libraries, playgrounds or parks.

...(A) Except as provided in division (B) of this section, no medical marijuana cultivator, processor, retail dispensary, or laboratory that tests medical marijuana shall be located within five hundred feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground, or public park. If the relocation of a cultivator, processor, retail dispensary, or laborator...

Section 3796.31 | Prohibition on local taxes, fees.

...Except as otherwise authorized in the Revised Code, no political subdivision shall levy any tax or fee on cultivators, processors, or dispensaries that is based on those businesses' gross receipts or that is the same as or similar to any tax or fee imposed by the state.

Section 3797.01 | Childhood sexual abuse registration and community notification definitions.

...As used in sections 3797.01 to 3797.12 of the Revised Code: (A) "Aggrieved person" means the individual to whom the registrant would have been liable for assault or battery based on childhood sexual abuse, as defined in section 2305.111 of the Revised Code, but for the expiration of the limitation period under that section. (B) "Employed" means employed for more than fourteen days or for an aggregate of thirty da...

Section 3797.02 | Personal registration required in counties of residence and employment.

...(A)(1) A registrant shall register personally with the sheriff of the county in which the registrant resides and with the sheriff of any county in which the registrant is employed. (2) A registrant who is registered in one or more counties and who establishes a new residence or place of employment in a county in which the registrant is not registered shall register personally with the sheriff of the county in which ...

Section 3797.03 | Notice of change in residence or employment required.

...(A) A registrant who establishes a new residence or place of employment within a county in which the registrant is registered shall promptly send the sheriff written notice of the address of the new residence or place of employment. (B) A registrant who intends to reside in a county other than the one in which the registrant has registered a residence address shall send the sheriff of the county in which the registr...

Section 3797.04 | Annual verification of residence and employment address.

...(A) A registrant shall verify the registrant's current residence address and employment address on each anniversary of the registrant's initial registration date by personally appearing before the sheriff of the county in which the registrant is registered not earlier than ten days before the anniversary date and not later than the anniversary date and completing and signing a copy of a verification form provided by ...

Section 3797.05 | Confirmation of registered residence address by premises owner.

...(A) If a registrant registers a residence address, provides notice of a change of any residence address, or verifies a current residence address pursuant to section 3797.02, 3797.03, or 3797.04 of the Revised Code, all of the following apply: (1) At any time after the registration, provision of the notice, or verification, the sheriff with whom the registrant so registered or to whom the registrant so provided the n...