Ohio Revised Code Search
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Section 1321.666 | Authority of superintendent to enforce Consumer Installment Loan Act.
...The superintendent of financial institutions may suspend, revoke, or refuse to renew any license issued by the superintendent under sections 1321.62 to 1321.702 of the Revised Code, or bring any other authorized administrative enforcement action in accordance with section 1321.70 of the Revised Code, against any person for failure to maintain records in accordance with section 1321.66 of the Revised Code. |
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Section 1321.667 | Reimbursement of licensee for costs associated with providing consumer installment loan records.
...(A) Except as otherwise provided in section 9.02 of the Revised Code, any party, including a governmental authority, that requires or requests a licensee to assemble or provide a customer's financial records shall pay the licensee for all actual and necessary costs directly incurred in searching for, reproducing, or transporting those records according to the following schedule: (1) Reimbursement of search and proc... |
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Section 1321.67 | Closing of consumer installment loans; duties of licensee.
...(A) For purposes of sections 1321.62 to 1321.702 of the Revised Code, a loan shall be considered closed upon the signature of the obligor or obligors, unless the loan contract is not executed by signature, in which case the loan is considered closed upon disbursement of loan funds. (B) All loans made under sections 1321.62 to 1321.702 of the Revised Code by direct mail shall be made from a place of business for whi... |
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Section 1321.671 | Repayment of consumer installment loan.
...(A) Upon repayment of the loan in full, the original note signed by any obligor or copy, photograph, or stored representation of the original note as retained in accordance with section 1321.66 of the Revised Code shall be plainly marked "paid" or "canceled" and the note or the reproduction of the note shall be returned to the obligor or, if there are two or more obligors, to one of them. (B) If requested, the lic... |
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Section 1321.672 | Insurance obtained on behalf of consumer installment loan borrower.
...(A) When, in connection with a loan, a licensee furnishes or places insurance written on behalf of the borrower at the borrower's expense, a policy or certificate of insurance properly executed shall be furnished to the borrower within fifteen days of the closing date of the loan. The policy or certificate shall state the name of the insurance company, the nature of the insurance, the extent of the coverage, the amou... |
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Section 1321.673 | Evading consumer installment loan requirements.
...No licensee shall conduct the business of making loans under sections 1321.62 to 1321.702 of the Revised Code in any office, room, or place of business in which any other business is solicited or engaged in, or in association or conjunction with any other such business, if the superintendent of financial institutions finds, pursuant to a hearing conducted in accordance with Chapter 119. of the Revised Code, that the ... |
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Section 1321.674 | Forfeiting consumer installment loan interest for interest rate violation.
...(A) Any person that willfully violates section 1321.68 of the Revised Code shall forfeit to the borrower the amount of interest paid by the borrower. The maximum rate of interest applicable to any loan transaction that does not comply with section 1321.68 of the Revised Code shall be the rate that would be applicable in the absence of sections 1321.62 to 1321.702 of the Revised Code. ( B) Any extension of credit u... |
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Section 1321.68 | Consumer installment loan maximum interest rate; computation of interest; precomputed loans; permissible charges; insurance.
...(A) A licensee may contract for and receive interest, calculated according to the actuarial method, at a rate or rates not exceeding twenty-five per cent per year on the unpaid principal balances of the loan. Loans may be interest-bearing or precomputed. (B) For purposes of computation of time on interest-bearing and precomputed loans, including, but not limited to, the calculation of interest, a month is considere... |
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Section 1321.681 | Open-end consumer installment loans.
...(A) For open-end loans, "billing cycle" means the time interval between periodic billing dates. A billing cycle shall be considered monthly if the closing date of the cycle is the same date each month or does not vary by more than four days from such date. (B) A licensee may make open-end loans pursuant to an agreement between the licensee and the borrower whereby: (1) The licensee may permit the borrower to obta... |
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Section 1321.69 | Consumer installment loan licensee prohibitions.
...(A) A licensee shall not permit any borrower to be indebted for a loan made under sections 1321.62 to 1321.702 of the Revised Code at any time while the borrower is also indebted to an affiliate or agent of the licensee for a loan made under sections 1321.01 to 1321.19 or sections 1321.51 to 1321.60 of the Revised Code for the purpose or with the result of obtaining greater charges than otherwise would be permitted b... |
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Section 1321.691 | Employee remote work.
...(A) As used in this section, "remote location" means the home of an employee or other location selected by the employee that is not a licensed place of business. (B) Notwithstanding any provision of the Revised Code to the contrary, nothing in sections 1321.62 to 1321.702 of the Revised Code shall be construed to interfere with the ability of a licensee's employee to work from a remote location, provided the licens... |
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Section 1321.70 | Enforcement actions for Consumer Installment Loan Act violations.
..., to the NMLSR. (I)(1) To protect the public interest, the superintendent may, without a prior hearing, do any of the following: (a) Suspend the license of a person who is convicted of or pleads guilty or nolo contendere to a criminal violation of sections 1321.62 to 1321.702 of the Revised Code; (b) Suspend any licensee who violates section 1321.65 of the Revised Code; (c) Suspend any licensee who fails to... |
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Section 1321.701 | Action by attorney general, county prosecutor to enforce the Consumer Installment Loan Act.
...(A) The attorney general may directly bring an action to enjoin a violation of sections 1321.62 to 1321.702 of the Revised Code with the same rights, privileges, and powers as those described in section 1345.06 of the Revised Code. The prosecuting attorney of the county in which the action may be brought may bring an action to enjoin a violation of sections 1321.62 to 1321.702 of the Revised Code only if the prosecut... |
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Section 1321.702 | Rules relating to the Consumer Installment Loan Act.
...The superintendent of financial institutions may adopt, in accordance with Chapter 119. of the Revised Code, rules that are necessary for the enforcement of sections 1321.62 to 1321.702 of the Revised Code and that are consistent with those sections. Each rule shall contain a reference to the section, division, or paragraph of the Revised Code to which it applies. The superintendent shall send by regular mail to each... |
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Section 1321.71 | Insurance Premium Finance Company Law definitions.
...As used in sections 1321.71 to 1321.83 of the Revised Code: (A) "Annual percentage rate" means the ratio of the finance charges, as authorized by sections 1321.79 and 1321.791 of the Revised Code, on a loan to the unpaid principal balance on the loan for any period of time, expressed on an annual basis. (B) "Insurance premium finance company" or "premium finance company" means a person engaged in the business of en... |
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Section 1321.72 | Application of Insurance Premium Finance Company Law.
...Except as provided in division (D) of section 1321.78, sections 1321.71 to 1321.83 of the Revised Code do not apply with respect to any of the following: (A) Life, property, or casualty insurance companies authorized to do business in this state as to policies issued by those companies; (B) The inclusion of a charge for insurance in connection with any installment transaction pursuant to Chapter 1317. of the Revise... |
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Section 1321.73 | Insurance premium finance company license requirement; annual fee; assets.
...(A) No person shall engage in the business of entering into or otherwise acquiring premium finance agreements in the state without first having obtained a license as a premium finance company from the division of financial institutions. (B) The annual license fee shall be determined by the superintendent of financial institutions pursuant to section 1321.20 of the Revised Code. Licenses may be renewed from year to ... |
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Section 1321.74 | Insurance premium finance company license application, fee, approval; additional licenses; change of place of business.
...(A) Application for a license as a premium finance company shall be in writing, under oath, in the form prescribed by the division of financial institutions. An applicant also shall provide the form of premium finance agreement it intends to use in doing business under sections 1321.71 to 1321.83 of the Revised Code. Upon the filing of an application and the payment of the license fee, and upon deposit of an investig... |
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Section 1321.75 | Enforcement actions regarding insurance premium finance company license.
...hen, in its judgment, it finds that the public interest would not be harmed by the continued operations of the company. The amount of any such penalty shall be paid by the company through the office of the division to the treasurer of state to the credit of the consumer finance fund. (C) The superintendent of financial institutions may investigate alleged violations of sections 1321.71 to 1321.83 of the Revised Code... |
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Section 1321.76 | Insurance premium finance company licensee recordkeeping; division powers.
...(A) Each licensee shall keep records of its insurance premium finance transactions conducted under sections 1321.71 to 1321.83 of the Revised Code. Such records shall be maintained separately from any records pertaining to transactions that are not subject to those sections. Each licensee shall preserve its records pertaining to insurance premium finance transactions conducted under sections 1321.71 to 1321.83 of the... |
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Section 1321.77 | Insurance premium finance company rules.
...The division of financial institutions may adopt, in accordance with Chapter 119. of the Revised Code, rules that are necessary for the enforcement of sections 1321.71 to 1321.83 of the Revised Code and that are consistent with those sections. Each rule shall contain a reference to the section, division, or paragraph of the Revised Code to which it applies. The division shall send by regular mail to each licensee a c... |
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Section 1321.78 | Premium finance agreement; notice to insurer.
...ement is unenforceable as a matter of public policy. |
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Section 1321.79 | Insurance premium finance company finance charge limits.
...(A) A premium finance company shall not charge, contract for, receive, or collect a finance charge other than as permitted by sections 1321.71 to 1321.83 of the Revised Code. (B) The finance charge shall be computed on the balance of the premium due, after subtracting the down payment made by the insured in accordance with the premium finance agreement, from the effective date of the insurance coverage, for which th... |
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Section 1321.791 | Insurance premium finance company alternative finance charges.
...As an alternative to the finance charges permitted by division (C) of section 1321.79 of the Revised Code, a premium finance company may contract for and receive finance charges at any rate or rates agreed upon or consented to by the parties to the premium finance agreement or revolving credit premium finance agreement, but not exceeding an annual percentage rate of twenty-five per cent. |
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Section 1321.80 | Delinquency, cancellation, and check collection charges.
...A premium finance agreement may provide for the payment by the insured of any of the following: (A) A delinquency charge of not more than five per cent of any installment that is in default for a period of more than five days. If the insurance policies described in the premium finance agreement are primarily for personal, family, or household purposes, the maximum delinquency charge shall be ten dollars. (B) A canc... |
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Section 5120.41 | Courses of study.
...o the approval of the superintendent of public instruction. |
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Section 5120.42 | Rules for proper execution of powers.
...The department of rehabilitation and correction shall make rules for the proper execution of its powers and may require the performance of additional duties by the officers of the several institutions, so as to fully meet the requirements, intents, and purposes of Chapter 5120. of the Revised Code, and particularly those relating to making estimates and furnishing proper proof of the use made of all articles furnishe... |
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Section 5120.421 | Visitor searches.
...ision to the visitor within twenty-four hours after the conduct of the search. Both the highest officer present in the institution and the visitor shall retain a copy of a written statement provided in accordance with this division. Any strip or body cavity search conducted pursuant to this division shall be conducted in a private setting by a person of the same sex as that of the visitor. Any body cavity search con... |
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Section 5120.422 | Rules for site selection.
...Sec. 5120.422. The department of rehabilitation and correction shall prescribe rules, in accordance with Chapter 119. of the Revised Code, that govern the department's actions whenever it has the authority to select a site for a proposed state correctional institution. The rules shall include at least procedures under which the department shall receive, review, and select proposals from persons and political subdivis... |
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Section 5120.423 | Rules for designating equipment and programs that improve fighting skills.
...The department of rehabilitation and correction shall adopt rules in accordance with Chapter 119. of the Revised Code that designate devices and programs that, in addition to free weight exercise equipment as defined in sections 341.41, 753.31, and 5145.30 of the Revised Code and in addition to boxing, wrestling, and martial arts programs, would enable a person who uses a designated device or participates in a design... |
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Section 5120.424 | Purchasing fixed weight exercise equipment.
...Section 6. On and after the effective date of this act, no moneys in the treasury of the state, or moneys coming lawfully into the possession or custody of the Treasurer of State, except moneys donated by gift, devise, or bequest specifically for this purpose, shall be used to purchase any fixed weight exercise equipment authorized by the act, and no moneys in the treasury of any subdivision of the state, or moneys c... |
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Section 5120.425 | Prisoner access to inflammatory and other materials definitions.
... with a sexually explicit nature. (D) "Publication review committee" means the committee created by the director of rehabilitation and correction pursuant to division (C) of section 5120.426 of the Revised Code. (E) "Warden" means the head of a state correctional institution. (F) "Warden's designee" means a person or a panel of persons designated by a warden to perform a responsibility that sections 5120.425 to 51... |
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Section 5120.426 | Rules governing access to materials.
...litation and correction shall appoint a publication review committee of one or more persons. The member or members of the committee shall review withholding determinations pursuant to section 5120.428 of the Revised Code. |
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Section 5120.427 | Right to receive materials.
...h respect to a material's nature by the publication review committee following a review pursuant to section 5120.428 of the Revised Code, a prisoner is not entitled to receive or retain any material that a warden or the warden's designee determines during the course of a security inspection to be a prohibited inflammatory material. (B)(1) For each state correctional institution, the warden or the warden's designee s... |
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Section 5120.428 | Request for review.
...ll forward the withheld material to the publication review committee. As soon as is practicable after receipt of the withheld material, the publication review committee shall review the material to determine whether it is a prohibited inflammatory material or another type of material. (B) If the publication review committee determines that the withheld material is not a prohibited inflammatory material, the committe... |
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Section 5120.44 | Liberal construction of chapter.
...Chapter 5120. of the Revised Code attempts: (A) To provide humane and scientific treatment and care and the highest attainable degree of individual development for the dependent wards of the state; (B) To provide for the delinquent, conditions of modern education and training that will restore the largest possible portion of them to useful citizenship; (C) To promote the study of the causes of dependency and de... |
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Section 5120.45 | Burial or cremation of inmate.
...The state shall bear the expense of the burial or cremation of an inmate who dies in a state correctional institution, if the body is not claimed for interment or cremation at the expense of friends or relatives, or is not delivered for anatomical purposes or for the study of embalming in accordance with section 1713.34 of the Revised Code. When the expense is borne by the state, interment of the person or the person... |
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Section 5120.46 | Appropriating property.
...When it is necessary for a state correctional institution to acquire any real estate, right-of-way, or easement in real estate in order to accomplish the purposes for which it was organized or is being conducted, and the department of rehabilitation and correction is unable to agree with the owner of the property upon the price to be paid therefor, the property may be appropriated in the manner provided for the appro... |
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Section 5120.47 | Leasing capital facilities.
...nto any other agreements with the Ohio public facilities commission, the department of administrative services, or any other authorized state agency ancillary to the construction, reconstruction, improvement, financing, leasing, or operation of such capital facilities, including, but not limited to, any agreements required by the applicable bond proceedings authorized by Chapter 154. of the Revised Code. Such ... |
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Section 5120.48 | Apprehending escapee or prisoner mistakenly released.
...(A) If a prisoner escapes from a state correctional institution, the managing officer of the institution, after consultation with and upon the advice of appropriate law enforcement officials, shall assign and deploy into the community appropriate staff persons necessary to apprehend the prisoner. Correctional officers and officials may carry firearms when required in the discharge of their duties in apprehendin... |
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Section 5120.49 | Standards and guidelines for termination of parole board's control over certain sexually violent offenders.
...The department of rehabilitation and correction, by rule adopted under Chapter 119. of the Revised Code, shall prescribe standards and guidelines to be used by the parole board in determining, pursuant to section 2971.04 of the Revised Code, whether it should terminate its control over an offender's service of a prison term imposed upon the offender under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), ... |
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Section 5120.50 | Interstate correction compact.
...(A) The party states, desiring by common action to fully utilize and improve their programs for the confinement, treatment, and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide institutional facilities and such programs on a basis of cooperation with one another, thereby serving the best interest of such offenders and of society and effecting economies... |
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Section 5120.51 | Population and cost impact statement for legislative bill.
...l justice services in the department of public safety. (E) The attorney general shall appoint an advisory committee to review the operation of the system for estimating future state correctional institution populations that is used by the department in the preparation of population cost impact statements pursuant to this section and to join with the department in its reviews and updating of the data used in the sys... |
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Section 5120.52 | Contract for sewage services.
...The department of rehabilitation and correction may enter into a contract with any person or with a political subdivision in which a state correctional institution is located under which an institution will provide water or sewage treatment services for the person or political subdivision if the institution has a water or sewage treatment facility with sufficient excess capacity to provide the services. Any ... |
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Section 5120.53 | Transfer or exchange of convicted offender to foreign country pursuant to treaty.
...(A) If a treaty between the United States and a foreign country provides for the transfer or exchange, from one of the signatory countries to the other signatory country, of convicted offenders who are citizens or nationals of the other signatory country, the governor, subject to and in accordance with the terms of the treaty, may authorize the director of rehabilitation and correction to allow the transfer or exchan... |
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Section 5120.55 | Licensed health professional recruitment program.
... institutions for a specified number of hours per week for a specified number of years. (2) The department agrees to repay all or a specified portion of the principal and interest of a government or other educational loan taken by the licensed health professional for the following expenses to attend, for up to a maximum of four years, a school that qualifies the licensed health professional to participate in the pr... |
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Section 5120.56 | Recovering cost of incarceration or supervision from offender.
...(A) As used in sections 5120.56 to 5120.58 of the Revised Code: (1) "Ancillary services" means services provided to an offender as necessary for the particular circumstances of the offender's personal supervision, including, but not limited to, specialized counseling, testing, or other services not included in the calculation of residential or supervision costs. (2) "Cost debt" means a cost of incarceration or sup... |
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Section 5120.57 | Reimbursement for health care services rendered to insured offender.
...ermination, after considering security, public safety, and transportation issues, whether or not to render or arrange for the rendering of health care services in accordance with the terms and conditions of the policy, contract, or agreement. The department, based on security, public safety, or transportation concerns or any combination of those concerns, may arrange for the rendering of health care services for the ... |
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Section 5120.58 | Rules for health care benefits and preventive services.
...The department of rehabilitation and correction shall adopt rules under section 111.15 of the Revised Code to do both of the following: (A) Establish a schedule of health care benefits that are available to offenders who are in the custody or under the supervision of the department; (B) Establish a program to encourage the utilization of preventive health care services by offenders. |
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Section 5120.59 | Verification of prisoner's identity before release.
...(A) Within nine months prior to the release of a prisoner from a state correctional institution if the prisoner is serving a sentence that is more than one year, or within a reasonable time if the prisoner is serving a sentence that is less than one year, the department of rehabilitation and correction shall attempt to verify the prisoner's age and identity in order to satisfy the requirements of section 4507.51 of t... |