Ohio Revised Code Search
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Section 153.22 | Compensation of commissioners.
...The persons appointed under section 153.21 of the Revised Code after August 22, 1951, shall receive a reasonable compensation for the time actually employed, to be fixed by the court of common pleas and on its approval paid from the county treasury. Their compensation in the aggregate shall not exceed eight thousand dollars. |
Section 153.23 | Expenses of building commission.
...The necessary expenses for stationery, postage, correspondence, and travel out of the county required in the discharge of the duties of the building commission shall be paid from the county treasury on the order of the board of county commissioners and the warrant of the county auditor. |
Section 153.24 | Oath and bond.
...Except as otherwise provided in section 3.061 of the Revised Code, before entering upon the discharge of their duties, the persons appointed to the building commission shall each take an oath of office and give bond for the faithful and honest discharge of official duties in the same amount as required of members of the board of county commissioners, with sureties approved by the judge of the court of common pleas.... |
Section 153.25 | Vacancies.
...In case of the death, resignation, or removal of any member of the building commission, the vacancy shall be filled by appointment by the judge of the court of common pleas as provided in section 153.21 of the Revised Code. |
Section 153.26 | Contracts.
...vised Code, relating to the erection of public buildings of the county. |
Section 153.27 | Architects - superintendents - employees.
...The building commission may employ architects, superintendents, and other necessary employees during the construction of a courthouse or other county building and fix their compensation and bond. |
Section 153.28 | Plans, drawings, and cost estimates filed with county auditor.
...When approved by the building commission, the plans, drawings, representations, bills of material, specifications of work, and estimates of cost thereof shall be filed by the county auditor in his office and shall not be altered, unless such alteration is first drawn, specified, and estimated as required by law for the original plans and approved by the commission. No such change shall be made until the price to be p... |
Section 153.29 | Proceedings of building commission.
... compensation, the approval of bonds or bid guaranties, and the allowance of estimates shall be in writing and shall require for their adoption the votes of five members of the building commission, taken by yeas and nays recorded on the journal of the board of county commissioners. When signed by five members of the commission, the county auditor shall draw his warrant on the county treasurer for the payment of all b... |
Section 153.30 | Record of proceedings.
...Full and accurate records of all proceedings of the building commission shall be kept by the county auditor upon the journal of the board of county commissioners. He shall carefully preserve in his office all plans, drawings, representations, bills of material, specifications of work, and estimates of costs in detail and in the aggregate pertaining to the building. |
Section 153.31 | Plans and estimates for construction - construction project manager or consultants.
...rts of a structure affecting the egress requirements; (4) The addition to, alteration of, replacement of, or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring, mechanical work, or other work affecting public health or general safety. |
Section 153.311 | Construction of public building in stages.
...ounty commissioners from constructing a public building in stages and letting contracts from time to time for various portions of the work, so long as the total cost of construction of a project, which may include more than one building, is reasonably estimated by the board to exceed fifteen million dollars. |
Section 153.32 | Contracts for erection and repair of superstructures.
...ouble track, and it shall advertise for bids for performing the labor and furnishing the materials necessary to the erection thereof in accordance with sections 307.86 to 307.92 of the Revised Code. |
Section 153.33 | Bids on other plans may be considered.
... may also invite, receive, and consider bids on any other plan at the option of bidders, and shall require that any such plan together with specifications shall be filed in the office of the county auditor for a period of fifteen days prior to the date for receiving bids. Such plans and specifications shall show the number of spans, the length of each, the nature, quality, and size of the materials to be used, the le... |
Section 153.34 | Contents of advertisement.
...rd of county commissioners shall invite bidders to make bids for furnishing all the materials and performing all the work, or for such parts thereof as bidders deem proper, and include such other matter as is required in section 307.87 of the Revised Code. |
Section 153.35 | Plans shall be kept on file in county auditor's office.
...art of the contract with the successful bidder. When it is necessary to alter, repair, or make an addition to a bridge, the board of county commissioners in making contracts therefor, shall conform to sections 153.01 to 153.60, inclusive, of the Revised Code, in relation to the erection of bridges as nearly as the nature of the case will permit. |
Section 153.36 | Approval of plans for courthouse or jail.
...(A) If the plans, drawings, representations, bills of material, and specifications of work, and estimates of the cost thereof in detail and in the aggregate, required in sections 153.31 to 153.35, inclusive, of the Revised Code, relate to the building of a courthouse or jail, or an addition to or alteration, repair, or improvement thereof, they shall be submitted to the board of county commissioners. If the estimated... |
Section 153.37 | Approval of plans for county home.
...If the plans, drawings, representations, bills of material, and specifications of work and estimates of the cost thereof relate to the building, addition to, or alteration of a county home, they shall be submitted to the board of county commissioners. If approved by a majority of the board, a copy thereof shall be deposited in the office of the board of county commissioners and kept for the inspection and use of part... |
Section 153.38 | Approval of plans for bridge.
...If the plans, drawings, representations, bills of material, specifications of work, and estimates relate to the building of a bridge, they shall be submitted to the board of county commissioners and the county engineer. If approved by a majority of them, a copy thereof shall be deposited in the office of county engineer and kept for the inspection of parties interested. |
Section 153.39 | Approval of plans for children's home.
... erecting, repairing, or altering other public buildings. |
Section 153.44 | Contracts submitted to prosecuting attorney.
...Before work is done or material furnished, all contracts that exceed twenty thousand dollars in amount shall be submitted by the board of county commissioners to the prosecuting attorney of the county. If found to be in accordance with sections 153.01 to 153.60, inclusive, of the Revised Code, and a certificate to that effect is indorsed thereon by the prosecuting attorney, such contracts shall have full effect, othe... |
Section 153.45 | Commissioners may annul old and make new contracts.
...If a contractor fails or refuses to proceed with the work specified in his contract in accordance with the plans, descriptions, and specifications attached to and made part thereof, the board of county commissioners may annul such contract, and shall proceed to make another contract for the completion thereof, in accordance with sections 153.01 to 153.60, inclusive, of the Revised Code. |
Section 153.49 | Duty of county treasurer.
...The county treasurer shall pay the warrants drawn for materials and labor furnished on county contracts pursuant to estimates prepared under section 153.14 of the Revised Code, place them on file, and keep a register of the names of the persons to whom they are paid. |
Section 153.50 | Separate bids for work and materials.
...equired by law to advertise and receive bids for furnishing of materials and doing the work necessary for the erection thereof, shall require separate and distinct bids to be made for furnishing such materials or doing such work, or both, in their discretion, for each of the following branches or classes of work to be performed, and all work kindred thereto, entering into the improvement: (1) Plumbing and gas ... |
Section 153.501 | Subcontracts awarded by construction manager at risk, design-build firm, or general contracting firm; utilization of design-assist firm; self-performed portions of work.
...he public authority determines that the bidder is not responsible. (B) A public authority may authorize a construction manager at risk or design-build firm to utilize a design-assist firm on any public improvement project without transferring any design liability to the design-assist firm. (C) If the construction manager at risk or design-build firm intends and is permitted by the public authority to self-per... |
Section 153.502 | Construction management or design-build contracts; prequalification of bidders.
...hall be subject to the approval of the public authority involved in the project and shall be consistent with the rules adopted by the Ohio facilities construction commission pursuant to section 153.503 of the Revised Code. (B) For each subcontract to be awarded, the construction manager at risk or design-build firm shall identify at least three prospective bidders that are prequalified to bid on that subcont... |
Section 153.503 | Adoption of rules.
...the contract documents to be used by a public authority when entering into a contract with a construction manager at risk or design-build firm. |
Section 153.51 | Separate contracts - single, aggregate contract.
... bids in the aggregate. (B)(1) If the public authority awards a single, aggregate contract for the entire project pursuant to division (A) of this section, the award shall be made to the bidder who is the lowest responsive and responsible bidder or the lowest and best bidder, as applicable, as specified in section 153.52 of the Revised Code. (2) The public authority may assign all or any portion of its intere... |
Section 153.52 | Awarding of contracts to separate bidders.
...st responsive and responsible separate bidder therefor, in accordance with section 9.312 of the Revised Code in the case of any public authority of the state or any public institution belonging thereto, and to the lowest and best separate bidder in the case of a county, township, or municipal corporation, or any public institution belonging thereto, and to the lowest responsive and responsible bidder in the ca... |
Section 153.53 | Adjusting threshold in section 153.01 for inflation.
...(A) As used in this section, "rate of inflation" has the same meaning as in section 107.032 of the Revised Code. (B) Five years after September 29, 2011, and every five years thereafter, the executive director of the Ohio facilities construction commission shall evaluate the monetary threshold specified in section 153.01 of the Revised Code and adopt rules adjusting that amount based on the average rate of in... |
Section 153.54 | Bid guaranty to be filed with bid.
...e department of transportation, for any public improvement shall file with the bid, a bid guaranty in the form of either: (1) A bond in accordance with division (B) of this section for the full amount of the bid; (2) A certified check, cashier's check, or letter of credit pursuant to Chapter 1305. of the Revised Code, in accordance with division (C) of this section. Any such letter of credit is revocable only a... |
Section 153.55 | Dividing project into parts to avoid threshold prohibited; costs included in threshold amount.
...urposes of calculating the amount of a public improvement project to determine whether it is subject to section 153.01 of the Revised Code, no officer, board, or other authority of the state or any institution supported by the state shall subdivide a public improvement project into component parts or separate projects in order to avoid the threshold of that section, unless the component parts or separate projec... |
Section 153.56 | Creditor shall furnish statement of amount due - service of notice of furnishing.
...k performed or materials furnished in a public improvement as provided in section 153.54 of the Revised Code, at any time after performing the labor or work or furnishing the materials, but not later than ninety days after the completion of the contract by the principal contractor or design-build firm and the acceptance of the public improvement for which the bond was provided by the duly authorized board or of... |
Section 153.57 | Form of bond.
...(A) The bond provided for in division (C)(1) of section 153.54 of the Revised Code shall be in substantially the following form, and recovery of any claimant thereunder shall be subject to sections 153.01 to 153.60 of the Revised Code, to the same extent as if the provisions of those sections were fully incorporated in the bond form: "KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned _____________________... |
Section 153.571 | Form of bond.
...e penal sum of the dollar amount of the bid submitted by the principal to the obligee on ______________ to undertake the project known as ________________ The penal sum referred to herein shall be the dollar amount of the principal's bid to the obligee, incorporating any additive or deductive alternate bids made by the principal on the date referred to above to the obligee, which are accepted by the obligee. In no ca... |
Section 153.58 | Prohibition.
...No officers shall violate sections 153.01 to 153.57, inclusive, of the Revised Code. |
Section 153.581 | Contracts for construction definitions.
...nd 153.591 of the Revised Code: (A) "Public works contract" means any contract awarded by a contracting authority for the construction, engineering, alteration, or repair of any public building, public highway, or other public work. (B) "Contracting authority" means the state, any township, county, municipal corporation, school board, or other governmental entity empowered to award a public works contract, a... |
Section 153.59 | Discrimination and intimidation on account of race, religion, sex, disability, national origin or ancestry.
...struction, alteration, or repair of any public building or public work in the state shall contain provisions by which the contractor agrees to both of the following: (A) That, in the hiring of employees for the performance of work under the contract or any subcontract, no contractor, subcontractor, or any person acting on a contractor's or subcontractor's behalf, by reason of race, creed, sex, disability or militar... |
Section 153.591 | Hiring hall contract or agreement.
... organization shall be void as against public policy and unenforceable with respect to employment under any public works contract unless at the date of execution of the hiring hall contract or agreement, or within thirty days thereafter, the labor organization has in effect procedures for referring qualified employees for hire without regard to race, color, religion, national origin, military status as defined... |
Section 153.60 | Forfeiture.
...The contract referred to in section 153.59 of the Revised Code shall provide as a forfeiture for any breach of the provisions against discrimination: (A) That there shall be deducted from the amount payable to the contractor by the state or by any township, county, or municipal corporation thereof, under this contract, a forfeiture of twenty-five dollars for each person who is discriminated against or intimidated in... |
Section 153.61 | Agreement for joint construction and management.
...rovement, including any advertising for bids and the award of any construction or improvement contract. Except as otherwise provided in this division, the procedure generally applicable to the party so designated shall be followed in the use of force account or the advertising for bids and awarding of a contract. Section 153.36 of the Revised Code does not apply to the building or the addition to or alteration, repai... |
Section 153.62 | Issuing change order for additional work.
... are affected by such contracts. If the bidder to whom the work is awarded must undertake additional work due to the enactment or amendment of statutes or rules occurring after the submission of the successful bid, the awarding body shall issue a change order setting forth the additional work that must be undertaken and authorizing additional cost to the contractor, which shall not invalidate the contract. The cost o... |
Section 153.63 | Agreement for escrow account for contractor.
...(A) Any money which is due from the public owner referred to in section 153.12 of the Revised Code under a contract entered into under this chapter or entered into under other applicable sections of the Revised Code for the construction, reconstruction, improvement, enlargement, alteration, repair, painting, or decoration of a public improvement shall, on the day it is due, be paid to the contractor or deposited in a... |
Section 153.64 | Protecting underground utility facilities during construction of public improvement.
...r both, that meet both of the following requirements: (i) They are drawn to scale and include locatable items. Locatable items may include poles, pedestals, back of curb, sidewalk, edge of pavement, centerline of ditch, property lines, and other similar items. (ii) They depict the location of the underground utility facilities. (3) If the public improvement is within six hundred sixty feet of the center point o... |
Section 153.65 | Professional design services definitions.
...ta in its possession pertaining to the bidding, pricing, or performance of a contract for design-build services awarded to the design-build firm. |
Section 153.66 | Submitting statement of qualifications.
...als. (B) Notwithstanding any contrary requirements in sections 153.65 to 153.70 of the Revised Code, for every design-build contract, each public authority planning to contract for design-build services shall evaluate the statements of qualifications submitted by design-build firms for the project, including the qualifications of the design-build firm's proposed architect or engineer of record, in consultatio... |
Section 153.67 | Announcing contracts available for professional design or design-build services.
...Each public authority planning to contract for professional design services or design-build services shall publicly announce all contracts available from it for such services. The announcements shall: (A) Be made in a uniform and consistent manner and shall be made sufficiently in advance of the time that responses must be received from qualified professional design firms or design-build firms for the firms t... |
Section 153.68 | Instituting prequalification requirements.
...services may institute prequalification requirements for professional design firms seeking to provide services to the public authority and may require that each prequalified firm maintain a current statement of qualifications on file with the public authority. The prequalification requirements shall be based on factors such as those set out in division (D) of section 153.65 of the Revised Code. |
Section 153.69 | Evaluating and selecting firms.
...a mutual understanding of the essential requirements involved in providing the required services; (2) Determining that the firm will make available the necessary personnel, equipment, and facilities to perform the services within the required time; (3) Agreeing upon compensation which is fair and reasonable, taking into account the estimated value, scope, complexity, and nature of the services. (C) If a contr... |
Section 153.691 | No fee estimate on contract for professional design services.
...No public authority planning to contract for professional design services under section 153.69 of the Revised Code shall require any form of fee estimate, fee proposal, or other estimate or measure of compensation prior to selecting and ranking professional design firms, except in instances when firms are selected and ranked by a state agency from a list of prequalified firms created under section 153.68 of the Revis... |
Section 153.692 | Obtaining services of criteria architect or engineer.
...For every design-build contract, the public authority planning to contract for design-build services shall first obtain the services of a criteria architect or engineer by doing either of the following: (A) Contracting for the services consistent with sections 153.65 to 153.70 of the Revised Code; (B) Obtaining the services through an architect or engineer who is an employee of the public authority. |
Section 153.693 | Evaluation of design-build firms.
...l conditions and estimated contingency requirements; (iv) A preliminary project schedule. (3) Evaluate the pricing proposal submitted by each selected firm and, at its discretion, hold discussions with each firm to further investigate its pricing proposal, including the scope and nature of the firm's proposed services and potential technical approaches; (4) Rank the selected firms based on the public authorit... |
Section 153.694 | Conflicts of interest.
...thority in evaluating the design-build requirements provided to the public authority by a design-build firm pursuant to section 153.692 of the Revised Code, that professional design firm shall not provide any design-build services pursuant to the design-build contract under section 153.693 of the Revised Code for the project for which the professional design firm was selected as the criteria architect or engin... |
Section 153.70 | Requiring professional liability insurance.
...ering professional design services to a public authority or to a design-build firm, including a criteria architect or engineer and person performing architect or engineer of record services, shall have and maintain, or be covered by, during the period the services are rendered, a professional liability insurance policy or policies with a company or companies that are authorized to do business in this state and that a... |
Section 153.71 | Administrative rules.
...ousand dollars if both of the following requirements are met: (a) The public authority selects a single design professional or firm from among those that have submitted a current statement of qualifications within the immediately preceding year, as provided under section 153.68 of the Revised Code, based on the public authority's determination that the selected design professional or firm is the most qualified to p... |
Section 153.72 | Authority of design-build firm.
...tracted for design-build services by a public authority may do either of the following: (A) Perform design, construction, demolition, alteration, repair, or reconstruction work pursuant to such contract; (B) Perform professional design services when contracted by a public authority for design-build services even if the design-build firm is not a professional design firm. |
Section 153.80 | Reducing bond.
...remains unresolved; (c) The successful bid upon which the contract is based was not more than ten per cent below the next lowest bid or not more than ten per cent below a cost estimate for the work as published by the contracting authority. (2) In regard to the amount of any funds retained, the contracting authority, in its sole discretion, may reduce the amount of funds retained pursuant to sections 153.12 an... |
Section 153.81 | Indemnity provisions in public works design contracts.
...r preparatory work in connection with a public improvement, a public authority may require, via a provision in a public improvement contract or subcontract, that the professional design firm indemnify the public authority and its officers and employees for liabilities the public authority, officer, or employee incurs for the death of or injury to a third party that is proximately caused by the provision of the work, ... |
Section 153.99 | Penalty.
...(A) Whoever violates section 153.58 of the Revised Code shall be fined not more than one thousand dollars. (B) A person who purchases or provides steel products in violation of division (A) of section 153.011 of the Revised Code shall pay a civil penalty equal to one and one-half times the purchase price of the steel products purchased or provided in violation of that section. |
Section 2741.01 | Right of publicity in individual's persona definitions.
...entifies the individual. (D) "Right of publicity" means the property right in an individual's persona to use the individual's persona for a commercial purpose. (E) "Trier of fact" means the jury or, in a nonjury action, the court. (F) "Written consent" includes written, electronic, digital, or any other verifiable means of authorization. (G) "Institution of higher education" means a state institution of higher ed... |
Section 2741.02 | Using individual's persona for commercial purpose without authorization.
...de who owns the individual's right of publicity. (2) The name of the individual whose persona is used was the name of a business entity or a trade name at the time of the individual's death. (C) Subject to the terms of any agreement between a person specified in section 2741.05 of the Revised Code and a person to whom that person grants consent to use an individual's right of publicity, a ... |
Section 2741.03 | Application to residents of this state.
...nly to the following: (A) The right of publicity in the persona of an individual whose domicile or residence is in this state on or after the effective date of this section; (B) The right of publicity in the persona of an individual who died on or after January 1, 1998, and whose domicile or residence was in this state on the date of the individual's death. |
Section 2741.04 | Right of publicity in individual's persona is freely transferable and descendible.
...The right of publicity in an individual's persona is freely transferable and descendible, in whole or in part, by any of the following means: (A) Contract; (B) License; (C) Gift; (D) Trust; (E) Will; (F) Operation of the laws of intestate succession applicable to the state administering the majority of the real and personal property of an individual who died intestate, regardless of whether that state recognize... |
Section 2741.05 | Granting consent for commercial use.
...g an aspect of an individual's right of publicity, only the following persons may grant consent to use an individual's persona for a commercial purpose: (1) A person or persons, including the individual whose right of publicity is at issue, who collectively own more than fifty per cent of the individual's right of publicity, subject to the terms of any other licenses regarding that right of publicity; (2) A person,... |
Section 2741.06 | Civil action to enforce publicity right.
... including an individual whose right of publicity is at issue, who collectively own all of an individual's right of publicity, subject to any licenses regarding that right of publicity; (2) A person, including a licensee of an individual's right of publicity, who is expressly authorized in writing by the owner or owners of an individual's right of publicity to bring a civil action; (3) Except as otherwise expressly... |
Section 2741.07 | Damages in civil action to enforce publicity right.
...(A)(1) A person who violates section 2741.02 of the Revised Code is liable in a civil action to the person injured by the violation for the following: (a) Actual damages, including any profits derived from and attributable to the unauthorized use of an individual's persona for a commercial purpose as determined under division (A)(2) of this section; (b) At the election of the plaintiff and in lieu of actual damages... |
Section 2741.08 | Additional remedies.
...The remedies provided for in this chapter are in addition to any other remedies provided for by state or federal statute or common law. |
Section 2741.09 | Exceptions.
...ting of an event or topic of general or public interest; (4) The use of the persona of an individual solely in the individual's role as a member of the public if the individual is not named or otherwise singled out as an individual; (5) A use of an individual's persona by an institution of higher education if all of the following apply: (a) The individual is or was a student at, or a member of the faculty or staff... |
Section 2741.99 | Penalty for violation of RC 2741.02(A)(3).
...Whoever violates division (A)(3) of section 2741.02 of the Revised Code is guilty of a misdemeanor of the first degree. A criminal penalty imposed under this section is cumulative to a civil remedy under Chapter 2741. of the Revised Code. |
Section 2747.01 | Application of the Uniform Public Expression Protection Act - definitions.
...r the Ohio Constitution, on a matter of public concern. (C) This chapter does not apply to any of the following: (1) A legal action against a governmental unit or an employee or agent of the governmental unit who was acting or purporting to act in an official capacity; (2) An enforcement action that is brought in the name of a governmental unit to protect against an imminent threat to public health or safety; ... |
Section 2747.02 | Motion for expedited relief - time to file.
...Not later than sixty days after a party is served with a complaint, cross-claim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, the party may file a motion for expedited relief to dismiss the civil action or claim. The court may extend the sixty-day period to file the motion for expedited relief for good cause shown. |
Section 2747.03 | Motion for expedited relief - stay of other proceedings.
...o protect against an imminent threat to public health or safety. |
Section 2747.04 | Motion for expedited relief - timing of hearing and ruling; factors considered at hearing.
...(A)(1) The court shall conduct a hearing not later than sixty days after the filing of a motion for expedited relief, unless the court orders a later hearing to allow for limited discovery under section 2747.03 of the Revised Code or delays the hearing for other good cause. (2) If the court orders a later hearing to allow for limited discovery, the court shall conduct the hearing not later than sixty days after the... |
Section 2747.05 | Motion for expedited relief - award of litigation expenses if motion granted or denied; time to appeal.
...(A) If the court grants a motion for expedited relief under section 2747.04 of the Revised Code, the court shall award reasonable attorney's fees, court costs, and other reasonable litigation expenses to the moving party. The court shall not fail to award, or reduce an award of, attorney's fees, court costs, and other reasonable litigation expenses under this division on the grounds that the representation of the mov... |
Section 2747.06 | Construction and application of Act.
...(A) Sections 2747.01 to 2747.06 of the Revised Code apply to a civil action filed or any claim asserted in a civil action on or after the effective date of this section. (B) A court shall broadly construe and apply sections 2747.01 to 2747.06 of the Revised Code to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by... |
Section 2917.01 | Inciting to violence.
...(A) No person shall knowingly engage in conduct designed to urge or incite another to commit any offense of violence, when either of the following apply: (1) The conduct takes place under circumstances that create a clear and present danger that any offense of violence will be committed; (2) The conduct proximately results in the commission of any offense of violence. (B) Whoever violates this section is guilty of... |
Section 2917.02 | Aggravated riot.
...(A) No person shall participate with four or more others in a course of disorderly conduct in violation of section 2917.11 of the Revised Code: (1) With purpose to commit or facilitate the commission of a felony; (2) With purpose to commit or facilitate the commission of any offense of violence; (3) When the offender or any participant to the knowledge of the offender has on or about the offender's or participant'... |
Section 2917.03 | Riot.
...duct; (2) With purpose to intimidate a public official or employee into taking or refraining from official action, or with purpose to hinder, impede, or obstruct a function of government; (3) With purpose to hinder, impede, or obstruct the orderly process of administration or instruction at an educational institution, or to interfere with or disrupt lawful activities carried on at such institution. (B) No person s... |
Section 2917.031 | Required proof for offenses of riot and aggravated riot.
...For the purposes of prosecuting violations of sections 2917.02 and 2917.03 of the Revised Code, the state is not required to allege or prove that the offender expressly agreed with four or more others to commit any act that constitutes a violation of either section prior to or while committing those acts. |
Section 2917.04 | Failure to disperse.
...rm to persons or property or of serious public inconvenience, annoyance, or alarm, a law enforcement officer or other public official may order the participants and such other persons to disperse. No person shall knowingly fail to obey such order. (B) Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose. (C)(1) Whoever violates this section is guilty of failure to di... |
Section 2917.05 | Use of force to suppress riot or in protecting persons or property during riot.
...A law enforcement officer or fireman, engaged in suppressing riot or in protecting persons or property during riot: (A) Is justified in using force, other than deadly force, when and to the extent he has probable cause to believe such force is necessary to disperse or apprehend rioters; (B) Is justified in using force, including deadly force, when and to the extent he has probable cause to believe such force is nec... |
Section 2917.11 | Disorderly conduct.
...preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender; (5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves... |
Section 2917.12 | Disturbing a lawful meeting.
...(A) No person, with purpose to prevent or disrupt a lawful meeting, procession, or gathering, shall do either of the following: (1) Do any act which obstructs or interferes with the due conduct of such meeting, procession, or gathering; (2) Make any utterance, gesture, or display which outrages the sensibilities of the group. (B) Whoever violates this section is guilty of disturbing a lawful meeting. Except as ... |
Section 2917.13 | Misconduct at emergency.
...(A) No person shall knowingly do any of the following: (1) Hamper the lawful operations of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person, engaged in the person's duties at the scene of a fire, accident, disaster, riot, or emergency of any kind; (2) Hamper the lawful activities of any emergency facility person who is engaged in the pe... |
Section 2917.14 | Unlawfully impeding public passage of an emergency service responder.
...highway, street, sidewalk, or any other public passage in such a manner as to render the highway, street, sidewalk, or passage impassable without unreasonable inconvenience or hazard if both of the following apply: (1) The obstruction prevents an emergency vehicle from accessing a highway or street, prevents an emergency service responder from responding to an emergency, or prevents an emergency vehicle or an emer... |
Section 2917.21 | Telecommunications harassment.
...r intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient's family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged; (5) Knowing... |
Section 2917.211 | Dissemination of image of another person.
...mage is disseminated for another lawful public purpose. (6) The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy. (7) The image is disseminated for the purpose of medical treatment or examination. (D) The following entities are not liable for a violatio... |
Section 2917.31 | Inducing panic.
...erson shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following: (1) Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that such report or warning is false; (2) Threatening to commit any offense of violence; (3) Committing any offense, with reckless disreg... |
Section 2917.32 | Making false alarms.
...or warning is false and likely to cause public inconvenience or alarm; (2) Knowingly cause a false alarm of fire or other emergency to be transmitted to or within any organization, public or private, for dealing with emergencies involving a risk of physical harm to persons or property; (3) Report to any law enforcement agency an alleged offense or other incident within its concern, knowing that such offense did n... |
Section 2917.321 | Swatting.
...fety, or property of any person. (2) "Public safety answering point" and "emergency service provider" have the same meanings as in section 128.01 of the Revised Code. (3) "Telecommunications device" and "telecommunications service" have the same meanings as in section 2913.01 of the Revised Code. (B) No person by means of a telecommunications device or telecommunications service shall report or cause to be repo... |
Section 2917.33 | Unlawful possession or use of a hoax weapon of mass destruction.
...(A) No person, without privilege to do so, shall manufacture, possess, sell, deliver, display, use, threaten to use, attempt to use, conspire to use, or make readily accessible to others a hoax weapon of mass destruction with the intent to deceive or otherwise mislead one or more persons into believing that the hoax weapon of mass destruction will cause terror, bodily harm, or property damage. (B) This section does ... |
Section 2917.40 | Safety at live entertainment performances.
...l corporation from imposing additional requirements, not in conflict with this section, for the promotion or holding of live entertainment performances. (I) Whoever violates division (B), (C), or (F) of this section is guilty of a misdemeanor of the first degree. If any individual suffers physical harm to the individual's person as a result of a violation of this section, the sentencing court shall consider th... |
Section 2917.41 | Misconduct involving public transportation system.
...ade the payment of the known fares of a public transportation system. (B) No person shall alter any transfer, pass, ticket, or token of a public transportation system with the purpose of evading the payment of fares or of defrauding the system. (C) No person shall do any of the following while in any facility or on any vehicle of a public transportation system: (1) Play sound equipment without the proper use of a ... |
Section 2917.46 | Unauthorized use of a block parent symbol.
...ice services in the state department of public safety pursuant to section 5502.62 of the Revised Code unless authorized in accordance with that section, any rule adopted pursuant to that section, or former section 3313.206 of the Revised Code prior to its repeal on April 8, 2019. (D) No person, with intent to identify a home or building as a mcgruff house program home or building, shall display a symbol that false... |
Section 2917.47 | Improperly handling infectious agents.
...ervices, or investigation of disease by public health agencies. (C) Whoever violates this section is guilty of improperly handling infectious agents, a felony of the second degree. |
Section 2921.01 | Offenses against justice and public administration general definitions.
...to 2921.45 of the Revised Code: (A) "Public official" means any elected or appointed officer, or employee, or agent of the state or any political subdivision, whether in a temporary or permanent capacity, and includes, but is not limited to, legislators, judges, and law enforcement officers. "Public official" does not include an employee, officer, or governor-appointed member of the board of directors of the ... |
Section 2921.02 | Bribery.
...A) No person, with purpose to corrupt a public servant or party official, or improperly to influence a public servant or party official with respect to the discharge of the public servant's or party official's duty, whether before or after the public servant or party official is elected, appointed, qualified, employed, summoned, or sworn, shall promise, offer, or give any valuable thing or valuable benefit. (B) No ... |
Section 2921.03 | Intimidation.
...t to influence, intimidate, or hinder a public servant, a party official, or an attorney or witness involved in a civil action or proceeding in the discharge of the person's the duties of the public servant, party official, attorney, or witness. (B) Whoever violates this section is guilty of intimidation, a felony of the third degree. (C) A person who violates this section is liable in a civil action to any person... |
Section 2921.04 | Intimidation of attorney, victim or witness in criminal case or delinquent child action proceeding.
...(A) No person shall knowingly attempt to intimidate or hinder the victim of a crime or delinquent act in the filing or prosecution of criminal charges or a delinquent child action or proceeding, and no person shall knowingly attempt to intimidate a witness to a criminal or delinquent act by reason of the person being a witness to that act. (B) No person, knowingly and by force or by unlawful threat of harm to... |
Section 2921.05 | Retaliation.
... or property, shall retaliate against a public servant, a party official, or an attorney or witness who was involved in a civil or criminal action or proceeding because the public servant, party official, attorney, or witness discharged the duties of the public servant, party official, attorney, or witness. (B) No person, purposely and by force or by unlawful threat of harm to any person or property, shall retaliate... |
Section 2921.11 | Perjury.
...(A) No person, in any official proceeding, shall knowingly make a false statement under oath or affirmation, or knowingly swear or affirm the truth of a false statement previously made, when either statement is material. (B) A falsification is material, regardless of its admissibility in evidence, if it can affect the course or outcome of the proceeding. It is no defense to a charge under this section that the offen... |
Section 2921.12 | Tampering with evidence.
... be false and with purpose to mislead a public official who is or may be engaged in such proceeding or investigation, or with purpose to corrupt the outcome of any such proceeding or investigation. (B) Whoever violates this section is guilty of tampering with evidence, a felony of the third degree. |
Section 2921.13 | Falsification - in theft offense - to purchase firearm.
...ement is made with purpose to mislead a public official in performing the public official's official function. (4) The statement is made with purpose to secure the payment of unemployment compensation; Ohio works first; prevention, retention, and contingency benefits and services; disability financial assistance; retirement benefits or health care coverage from a state retirement system; economic development assista... |
Section 2921.14 | Making or causing false report of child abuse or neglect.
...(A) No person shall knowingly make or cause another person to make a false report under division (B) of section 2151.421 of the Revised Code alleging that any person has committed an act or omission that resulted in a child being an abused child as defined in section 2151.031 of the Revised Code or a neglected child as defined in section 2151.03 of the Revised Code. (B) Whoever violates this section is guilty of mak... |
Section 2921.15 | Making false allegation of peace officer misconduct.
...(A) As used in this section, "peace officer" has the same meaning as in section 2935.01 of the Revised Code. (B) No person shall knowingly file a complaint against a peace officer that alleges that the peace officer engaged in misconduct in the performance of the officer's duties if the person knows that the allegation is false. (C) Whoever violates division (B) of this section is guilty of making a false allegatio... |
Section 2921.21 | Compounding a crime.
...(A) No person shall knowingly demand, accept, or agree to accept anything of value in consideration of abandoning or agreeing to abandon a pending criminal prosecution. (B) It is an affirmative defense to a charge under this section when both of the following apply: (1) The pending prosecution involved is for a violation of section 2913.02 or 2913.11, division (B)(2) of section 2913.21, or section 2913.47 of the Re... |
Section 2921.22 | Failure to report a crime or knowledge of a death or burn injury.
...(A)(1) Except as provided in division (A)(2) of this section, no person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to law enforcement authorities. (2) No person, knowing that a violation of division (B) of section 2913.04 of the Revised Code has been, or is being committed or that the person has received information derived from such a violation, shall kno... |
Section 2921.23 | Failure to aid a law enforcement officer.
...(A) No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance in preventing or halting the commission of an offense, or in apprehending or detaining an offender, when such aid can be given without a substantial risk of physical harm to the person giving it. (B) Whoever violates this section is guilty of failure to aid a law enforcement officer, a minor misdemeanor. |
Section 2921.24 | Disclosure of confidential information.
...(A) No officer or employee of a law enforcement agency or court, or of the office of the clerk of any court, shall disclose during the pendency of any criminal case the home address of any peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee who is a witness or arresting officer in the case. (B) Division (A) of this section does not pr... |
Section 2921.25 | Peace officer's home address not to be disclosed during trial.
...(A) No judge of a court of record, or mayor presiding over a mayor's court, shall order a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee who is a witness in a criminal case, to disclose the peace officer's, parole officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, or youth services emplo... |
Section 2921.29 | Failure to disclose personal information.
...(A) No person who is in a public place shall refuse to disclose the person's name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following: (1) The person is committing, has committed, or is about to commit a criminal offense. (2) The person witnessed any of the following: (a) An offense of violence that would constitute a felony under the laws of this... |
Section 2921.31 | Obstructing official business.
...obstruct, or delay the performance by a public official of any authorized act within the public official's official capacity, shall do any act that hampers or impedes a public official in the performance of the public official's lawful duties. (B) Whoever violates this section is guilty of obstructing official business. Except as otherwise provided in this division, obstructing official business is a misdemeanor of ... |
Section 2921.32 | Obstructing justice.
...(A) No person, with purpose to hinder the discovery, apprehension, prosecution, conviction, or punishment of another for crime or to assist another to benefit from the commission of a crime, and no person, with purpose to hinder the discovery, apprehension, prosecution, adjudication as a delinquent child, or disposition of a child for an act that if committed by an adult would be a crime or to assist a child to... |
Section 2921.321 | Assaulting or harassing police dog or horse or service dog.
...(A) No person shall knowingly cause, or attempt to cause, physical harm to a police dog or horse in either of the following circumstances: (1) The police dog or horse is assisting a law enforcement officer in the performance of the officer's official duties at the time the physical harm is caused or attempted. (2) The police dog or horse is not assisting a law enforcement officer in the performance of the officer... |
Section 2921.33 | Resisting arrest.
...(A) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another. (B) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person and, during the course of or as a result of the resistance or interference, cause physical harm to a law enforcement officer. (C) No person, recklessly or by force, shall resist or interfe... |
Section 2921.331 | Failure to comply with order or signal of police officer.
...(A) No person shall fail to comply with any lawful order or direction of any police officer invested with authority to direct, control, or regulate traffic. (B) No person shall operate a motor vehicle so as willfully to elude or flee a police officer after receiving a visible or audible signal from a police officer to bring the person's motor vehicle to a stop. (C)(1) Whoever violates this section is guilty of f... |
Section 2921.34 | Escape.
...(A)(1) No person, knowing the person is under detention, other than supervised release detention, or being reckless in that regard, shall purposely break or attempt to break the detention, or purposely fail to return to detention, either following temporary leave granted for a specific purpose or limited period, or at the time required when serving a sentence in intermittent confinement. (2)(a) Division (A)(2... |
Section 2921.35 | Aiding escape or resistance to lawful authority.
...(A) No person, with purpose to promote or facilitate an escape or resistance to lawful authority, shall convey into a detention facility, or provide anyone confined therein with any instrument or thing which may be used for such purposes. (B) No person who is confined in a detention facility, and with purpose to promote or facilitate an escape or resistance to lawful authority, shall make, procure, conceal, unlawful... |
Section 2921.36 | Illegal conveyance of weapons, drugs or other prohibited items onto grounds of detention facility or institution.
...(A) No person shall knowingly convey, or attempt to convey, onto the grounds of a detention facility or of an institution, office building, or other place that is under the control of the department of mental health and addiction services, the department of developmental disabilities, the department of youth services, or the department of rehabilitation and correction any of the following items: (1) Any deadly weap... |
Section 2921.37 | Arrest powers of person in charge of detention facility.
...The person in charge of a detention facility shall, on the grounds of the detention facility, have the same power as a peace officer, as defined in section 2935.01 of the Revised Code, to arrest a person who violates section 2921.36 of the Revised Code. |
Section 2921.38 | Harassment by inmate.
...(A) No person who is confined in a detention facility, with intent to harass, annoy, threaten, or alarm another person, shall cause or attempt to cause the other person to come into contact with blood, semen, urine, feces, or another bodily substance by throwing the bodily substance at the other person, by expelling the bodily substance upon the other person, or in any other manner. (B) No person, with intent... |
Section 2921.41 | Theft in office.
...(A) No public official or party official shall commit any theft offense, as defined in division (K) of section 2913.01 of the Revised Code, when either of the following applies: (1) The offender uses the offender's office in aid of committing the offense or permits or assents to its use in aid of committing the offense; (2) The property or service involved is owned by this state, any other state, the United State... |
Section 2921.42 | Having an unlawful interest in a public contract.
...ss the contract was let by competitive bidding to the lowest and best bidder; (4) Have an interest in the profits or benefits of a public contract entered into by or for the use of the political subdivision or governmental agency or instrumentality with which the public official is connected; (5) Have an interest in the profits or benefits of a public contract that is not let by competitive bidding if requir... |
Section 2921.421 | Prosecuting attorney, elected chief legal officer, or township law director appointment of assistants or employees.
...r employee of that firm as a nonelected public official or employee of the political subdivision, whether the public office or position of employment is created by statute, charter, ordinance, resolution, or other legislative or administrative action. |
Section 2921.43 | Soliciting or accepting improper compensation.
...(A) No public servant shall knowingly solicit or accept, and no person shall knowingly promise or give to a public servant, either of the following: (1) Any compensation, other than as allowed by divisions (G), (H), and (I) of section 102.03 of the Revised Code or other provisions of law, to perform the public servant's official duties, to perform any other act or service in the public servant's public capacity, for... |
Section 2921.44 | Dereliction of duty.
..., or recklessly do any act expressly forbidden by law with respect to the public servant's office. (F) Whoever violates this section is guilty of dereliction of duty, a misdemeanor of the second degree. (G) Except as otherwise provided by law, a public servant who is a county treasurer; county auditor; township fiscal officer; city auditor; city treasurer; village fiscal officer; village clerk-treasurer; village cl... |
Section 2921.45 | Interfering with civil rights.
...(A) No public servant, under color of the public servant's office, employment, or authority, shall knowingly deprive, or conspire or attempt to deprive any person of a constitutional or statutory right. (B) Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree. |
Section 2921.51 | Impersonation of peace officer or private police officer.
...(A) As used in this section: (1) "Peace officer" means a sheriff, deputy sheriff, marshal, deputy marshal, member of the organized police department of a municipal corporation, or township constable, who is employed by a political subdivision of this state; a member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code; a member of a police for... |
Section 2921.52 | Using sham legal process.
...(A) As used in this section: (1) "Lawfully issued" means adopted, issued, or rendered in accordance with the United States constitution, the constitution of a state, and the applicable statutes, rules, regulations, and ordinances of the United States, a state, and the political subdivisions of a state. (2) "State" means a state of the United States, including without limitation, the state legislature, the highest c... |
Section 3309.01 | Public school employees retirement system definitions.
...managing body of which shall accept the requirements and obligations of this chapter. In all cases of doubt, the school employees retirement board shall determine whether any person is an employee, as defined in this division, and its decision is final. (C) "Prior service" means all service rendered prior to September 1, 1937: (1) As an employee as defined in division (B) of this section; (2) As an employee i... |
Section 3309.011 | Exclusions from definition of employee.
...deral funds, but for which no licensure requirements for the position can be made under the provisions of such federal acts or regulations; (B) Any person who participates in an alternative retirement plan established under Chapter 3305. of the Revised Code; (C) Any person who elects to transfer from the school employees retirement system to the public employees retirement system under section 3309.312 of the R... |
Section 3309.012 | Board member to elect whether to become member of system.
...As used in this section, "school board member" means a member of a city, local, exempted village, or joint vocational school district board of education and a "governing board member" means a member of an educational service center governing board. (A) Within thirty days of a school board member's or a governing board member's initially taking office, the board member shall elect whether to become a member of the sc... |
Section 3309.013 | Exclusions from definition of employee under ORC section 3309.01.
...(A) As used in this section, "operator" has the same meaning as in section 3314.02 of the Revised Code. (B) "Employee," as defined in division (B) of section 3309.01 of the Revised Code, does not include either of the following: (1) Any person initially employed on or after July 1, 2016, by a community school operator and for whom the operator withholds and pays employee and employer taxes pursuant to 26 U.S.C. 310... |
Section 3309.02 | Credit for military service.
...yee in a capacity covered by either the public employees retirement system or the state teachers retirement system within two years after receiving such discharge or release, and establishes one year of service credit, shall have such service considered as prior service, provided that the total amount of such service granted by the board shall not exceed ten years. This section shall not serve to cancel any military ... |
Section 3309.021 | Purchasing military service credit.
...the school employees retirement system, public employees retirement system, or state teachers retirement system following termination of military service. If, however, a limit on maximum salary or maximum contribution was in effect at the time the military service began, the limit shall be applied to the salary received during the first year of service in Ohio to calculate the amount of payment. To this amount shall ... |
Section 3309.022 | Purchasing uniformed services credit.
...nted the member if all of the following requirements are met: (1) The member was a member of the school employees retirement system prior to the service in the uniformed services and has maintained membership without interruption; (2) The member was out of active service as an employee by reason of service in the uniformed services; (3) The member was honorably discharged or released from service in the uniformed ... |
Section 3309.03 | School employees retirement system - board.
...A school employees retirement system is hereby established for the employees as defined in section 3309.01 of the Revised Code, which shall include the several funds created and placed under the management of the school employees retirement board for the payment of retirement allowances and other benefits provided in Chapter 3309. of the Revised Code. The board may sue and be sued, plead and be impleaded, contract an... |
Section 3309.031 | System consists of plans established by chapter.
...The school employees retirement system shall consist of the plans described in section 3309.18 to 3309.70 of the Revised Code and the plan or plans established under section 3309.81 of the Revised Code. |
Section 3309.04 | General administration and management vested in board.
...The general administration and management of the school employees retirement system and making effective Chapter 3309. of the Revised Code are hereby vested in the school employees retirement board which may adopt rules in accordance with section 111.15 of the Revised Code and may authorize its administrative officers, or committees composed of members of said board, to act for the board in accordance with such polic... |
Section 3309.041 | Travel expense policies - bonus policy - budget.
...board will improve the dissemination of public information pertaining to the board. |
Section 3309.042 | Ethics policy - commission approval - ethics training.
...ng shall include training regarding the requirements and prohibitions of Chapter 102. of the Revised Code and sections 2921.42 and 2921.43 of the Revised Code and any other training the board considers appropriate. The board shall establish a procedure to ensure that each employee of the board is informed of the procedure for filing a complaint alleging violation of Chapter 102. of the Revised Code or section 2921.4... |
Section 3309.043 | Chief investment officer - supervision duties - monitoring of securities transactions.
...ement system from misusing material, nonpublic information in violation of those laws, rules, and regulations. For purposes of this division, no chief investment officer shall be considered to have failed to satisfy the officer's duty of reasonable supervision if the officer has done all of the following: (1) Adopted and implemented written procedures, and a system for applying the procedures, that would reasonably... |
Section 3309.044 | Selection of internal auditor.
...The school employees retirement board shall appoint a committee to oversee the selection of an internal auditor. The committee shall select one or more persons for employment as an internal auditor. The board shall employ the person or persons selected by the committee. The committee shall consist of the following board members: one retirant member, one employee member, and one other member. The committee shall annu... |
Section 3309.05 | Board membership.
...the member has not been employed by the public employees retirement system, police and fire pension fund, state teachers retirement system, school employees retirement system, or state highway patrol retirement system or by any person, partnership, or corporation that has provided to one of those retirement systems services of a financial or investment nature, including the management, analysis, supervision, or... |
Section 3309.051 | Orientation program required for new members - continuing education.
...Each member of the school employees retirement board shall, not later than ninety days after commencing service as a board member, complete the orientation program component of the retirement board member education program established under section 171.50 of the Revised Code. Each member of the board who has served a year or longer as a board member shall, not less than twice each year, attend one or more pro... |
Section 3309.052 | Members with excessive travel expenses ineligible for another term.
...A person who served as an elected or appointed member of the school employees retirement board for one or more entire fiscal years in fiscal years 2000, 2001, or 2002 is ineligible for re-election or reappointment to the board if the board paid travel-related expenses of the person or reimbursed the person for travel-related expenses that averaged more than ten thousand dollars annually for those fiscal years. |
Section 3309.06 | Board elections.
...(A) Elections for employee and retirant members of the school employees retirement board shall be held on the first Monday of March. Terms of office of the employee and retirant members of the board shall be for four years each, commencing on the first day of July following the election and ending on the thirtieth day of June. The initial terms of the first retirant member and the new employee member shall commence o... |
Section 3309.061 | Disqualification of convicted member - misconduct in office - removal procedure.
... the complaint. The court shall hold a public hearing not later than thirty days after the filing of the complaint. The court may subpoena witnesses and compel their attendance in the same manner as in civil cases. Process shall be served by the sheriff of the county in which the witness resides. Witness fees and other fees in connection with the proceedings shall be the same as in civil cases. The court may s... |
Section 3309.07 | Electing employee and retirant members.
...(A) All elections for employee or retirant members of the school employees retirement board shall be held under the direction of the board in accordance with rules adopted under section 3309.075 of the Revised Code. (B) Any member of the school employees retirement system, other than a disability benefit recipient, shall be eligible to be nominated for election as an employee member of the board who has been ... |
Section 3309.071 | No election when only one nominee for employee or retirant member.
...Notwithstanding sections 3309.05, 3309.06, and 3309.07 of the Revised Code, the school employees retirement board is not required to hold an election for a position on the board as an employee member or retirant member if only one candidate has been nominated for the position by petition in accordance with section 3309.07 of the Revised Code. The candidate shall take office as if elected. The term of office shall be ... |
Section 3309.072 | Candidate campaign finance statements - donor statement of independent expenditures.
... or the candidate's agent prior to the publication, distribution, display, or broadcast of the communication. An expenditure is presumed to be so made when it is any of the following: (i) Based on information about the candidate's plans, projects, or needs provided to the person making the expenditure by the candidate, or by the candidate's campaign committee or agent, with a view toward having an expenditure ... |
Section 3309.073 | Filing of statements - prohibited campaign activities.
...sion or in a newspaper or periodical, a public speech, press release, or otherwise: (1) With regard to a candidate, identify the candidate in a manner that implies that the candidate is a member of the board or use the term "re-elect" when the candidate is not currently a member of the board; (2) Make a false statement concerning the formal schooling or training completed or attempted by a candidate; a degree, dipl... |
Section 3309.074 | Complaint alleging violation of RC 3309.073 - procedure - fine.
...ssion shall hold a hearing open to the public to determine whether the violation alleged in the complaint has occurred. The commission may administer oaths and issue subpoenas to any person in the state compelling the attendance of witnesses and the production of relevant papers, books, accounts, and reports. On the refusal of any person to obey a subpoena or to be sworn or to answer as a witness, the commissi... |
Section 3309.075 | Adoption of election rules - certification of nominating petitions and election results.
...(A) The school employees retirement board, after consultation with the secretary of state, shall adopt rules in accordance with section 111.15 of the Revised Code, governing all of the following: (1) The administration of elections of members of the board under section 3309.07 of the Revised Code and elections held under section 3309.06 of the Revised Code to fill vacancies on the board; (2) Nominating petit... |
Section 3309.08 | Oath of office.
...Each member of the school employees retirement board upon appointment or election shall take an oath of office that he will support the constitution of the United States, the constitution of the state, and that he will diligently and honestly administer the affairs of the said board and that he will not knowingly violate or willfully permit to be violated any law applicable to Chapter 3309. of the Revised Code. Suc... |
Section 3309.09 | Quorum.
...tings of the board shall be open to the public except executive sessions as set forth in division (G) of section 121.22 of the Revised Code, and any portions of any sessions discussing medical records or the degree of disability of a member excluded from public inspection by section 3309.22 of the Revised Code. |
Section 3309.091 | Video conference meetings.
...erence, the board shall ensure that the public can hear and observe the discussions and deliberations of all the members of the board, whether the member is participating in person or electronically. (D) Except as provided in this section, no person shall do any of the following: (1) Limit the number of board members who may attend a meeting by means of video conference; (2) Limit the total number of meetings t... |
Section 3309.10 | Service on board; reimbursement for employer; expenses; liability insurance.
...oard or a retirant member employed by a public employer in accordance with section 3309.341 of the Revised Code for service to the board. (B) The members of the board shall be reimbursed from the expense fund for all actual necessary expenses incurred while serving on the board. (C) The board may secure insurance coverage designed to indemnify board members and employees for their actions or conduct in the pe... |
Section 3309.11 | Officers - executive director.
...The school employees retirement board shall elect, from its membership, a chairperson, and shall employ an executive director who shall serve as secretary. |
Section 3309.12 | Treasurer of state is custodian of funds.
...The treasurer of state shall be the custodian of the funds of the school employees retirement system, and all disbursements therefrom shall be paid by the treasurer of state only upon instruments duly authorized by the school employees retirement board and bearing the signatures of the board; provided, that such instruments may bear the names of the board members printed thereon and the signatures of the president an... |
Section 3309.13 | Legal adviser.
...The attorney general shall be the legal adviser of the school employees retirement board. |
Section 3309.14 | Technical and administrative employees - retirement applications.
...The school employees retirement board shall secure the service of such technical and administrative employees as are necessary for the transaction of the business of the school employees retirement system. Effective ninety days after the effective date of this amendment, the board may not employ a state retirement system investment officer, as defined in section 1707.01 of the Revised Code, who does not hold a valid... |
Section 3309.15 | Investment and fiduciary duties of board.
...(A) The members of the school employees retirement board shall be the trustees of the funds created by section 3309.60 of the Revised Code. The board shall have full power to invest the funds. The board and other fiduciaries shall discharge their duties with respect to the funds solely in the interest of the participants and beneficiaries; for the exclusive purpose of providing benefits to participants and their bene... |
Section 3309.155 | Prohibited business transactions.
...The school employees retirement system shall make no investments through, purchases from, or otherwise do any business with any individual who is, or any partnership, association, or corporation that is owned or controlled by, a person who within the preceding three years was employed by, a board member of, or an officer of the system, or in which a person who within the preceding three years was employed by, a board... |
Section 3309.156 | Restrictions on fiduciaries.
...(A) Except as provided in division (B) of this section, a fiduciary shall not cause the school employees retirement system to engage in a transaction, if he knows or should know that such transaction constitutes a direct or indirect: (1) Sale or exchange, or leasing, of any property between the system and a party in interest; (2) Lending of money or other extension of credit between the system and a party in intere... |
Section 3309.157 | Designation of Ohio-qualified agents - selection policy - utilization - annual report.
...if the agent meets all of the following requirements: (1) The agent is subject to taxation under Chapter 5725., 5726., 5733., 5747., or 5751. of the Revised Code. (2) The agent is authorized to conduct business in this state. (3) The agent maintains a principal place of business in this state and employs at least five residents of this state. (C) The school employees retirement board shall adopt and implement... |
Section 3309.158 | Annual disclosures to Ohio Ethics Commission.
...(A) The school employees retirement system shall disclose the following to the Ohio ethics commission: (1) Anything of value received by the system from an agent and anything of value given on behalf of the system by an agent; (2) The name of any employee of the system with authority over the investment of retirement system funds or any board member of the system who deals with an agent regarding amounts described ... |
Section 3309.159 | Designation of Ohio-qualified investment managers - utilization - annual report.
...b) A process whereby the board can give public notice to Ohio-qualified investment managers of the board's search for an investment manager that includes the board's search criteria. (2) The board shall determine whether an investment manager is an Ohio-qualified investment manager and whether the investment manager offers quality, services, and safety comparable to other investment managers otherwise available to t... |
Section 3309.16 | Denomination or consolidation of bonds.
...Bonds purchased from any taxing district of the state shall be in the denomination required by the school employees retirement board in its resolution of purchase, or the board may by its resolution require that all bonds of any series of bonds purchased by it from any taxing district be consolidated and issued as one bond, the principal amount of which shall be equal to the aggregate amount of all the bonds of said ... |
Section 3309.17 | Record of proceedings between board and taxing district.
...The proper officers of each taxing district issuing the bonds provided for in section 3309.16 of the Revised Code shall, without additional procedure or legislation on their part, comply with this chapter, except that the proper accounting officer of such taxing district and the secretary of its sinking fund shall make and keep a detailed record of any such changes required by the school employees retirement board. T... |
Section 3309.18 | Interest credited annually.
...Interest deposited in the guarantee fund created by section 3309.60 of the Revised Code shall be credited annually to the various funds, except the expense fund. |
Section 3309.19 | Trustee or employee of board shall have no interest in profits nor borrow funds.
...No trustee and no employee of the school employees retirement board shall have any interest, direct or indirect, in the gains or profits of any investment made by the board nor as such, directly or indirectly, receive any pay or emolument for his services. No trustee or employee of the said board, directly or indirectly, for himself or as an agent or partner of others, shall borrow any of its funds or deposits or use... |
Section 3309.20 | Maintenance of individual account.
...The school employees retirement board shall provide for the maintenance of an individual account with each contributor showing the amount of his contributions and the interest accumulations thereon. It shall collect and keep in convenient form such data as is necessary for the preparation of the required mortality and service tables, and for the compilation of such other information as is required for the actuarial ... |
Section 3309.21 | Actuarial valuation of pension assets, liabilities, and funding requirements.
...nsion assets, liabilities, and funding requirements of the school employees retirement system as established pursuant to this chapter. The actuary shall complete the valuation in accordance with actuarial standards of practice promulgated by the actuarial standards board of the American academy of actuaries and prepare a report of the valuation. The report shall include all of the following: (1) A summary of ... |
Section 3309.211 | Amortizing unfunded actuarial accrued pension liability.
...The school employees retirement board shall establish a period of not more than thirty years to amortize the school employees retirement system's unfunded actuarial accrued pension liability. The board shall adopt a plan that specifies how it proposes to meet the thirty-year amortization period not later than June 30, 2007. If in any year the period necessary to amortize the unfunded actuarial accrued pension liabili... |
Section 3309.212 | Study to determine percentage of electing employee's compensation to be contributed by public institution of higher education.
...e's compensation to be contributed by a public institution of higher education under division (D) of section 3305.06 of the Revised Code. The initial study must be completed and submitted by the board to the department of higher education not later than December 31, 2016. A subsequent study must be completed and submitted not later than the last day of December of every fifth year thereafter. (C) For the initial st... |
Section 3309.22 | Annual statement of funds.
...e records of the board shall be open to public inspection and may be made available in printed or electronic format, except for the following, which shall be excluded, except with the written authorization of the individual concerned: (a) The individual's statement of previous service and other information as provided for in section 3309.28 of the Revised Code; (b) Any information identifying by name and address ... |
Section 3309.23 | Contributors to school employees retirement system.
...in every way the same as service in the public schools. (3) All other individuals who become members. (B) The following individuals may choose to be exempt from compulsory membership by filing a written application for exemption with the employer within the first month after being employed: (1) A student who is not a member at the time of employment and who is employed by the school, college, or university in whic... |
Section 3309.24 | Members of local district pension system excluded from membership - membership by petition.
...Members of a local district pension system maintained under the laws of the state from appropriations or contributions made wholly or in part by any employer and existing on July 14, 1937, are hereby excluded from membership in the school employees retirement system. If a majority of all employees participating in any such local district pension system apply for membership in the school employees retirement system by... |
Section 3309.25 | Information to new employees.
...system shall inform the employee of the requirements of section 3309.251 of the Revised Code. |
Section 3309.251 | Electing defined benefit or defined contribution plan.
...(A) Except as provided in division (D) of this section, an individual who becomes a member of the school employees retirement system on or after the date on which the school employees retirement board establishes a plan under section 3309.81 of the Revised Code shall make an election under this section. Not later than one hundred eighty days after the date on which employment begins, the individual shall elect to par... |
Section 3309.252 | Employee with less than 5 years of service electing to participate in defined contribution plan.
...(A) A member of the school employees retirement system, who, as of the last day of the month immediately preceding the date on which the system establishes a plan under section 3309.81 of the Revised Code, has less than five years of total service credit is eligible to make an election under this section. Not later than one hundred eighty days after the day the board first establishes one or more plans under section... |
Section 3309.253 | Effect of electing defined contribution plan.
...A member of the school employees retirement system who elects to participate in a plan established under section 3309.81 of the Revised Code shall be ineligible for any benefit or payment under sections 3309.18 to 3309.70 of the Revised Code and shall be forever barred from claiming or purchasing service credit with any state retirement system, as defined in section 145.30 of the Revised Code, for service covered by ... |
Section 3309.26 | Restoring service credit.
...ting service credit in this system, the public employees retirement system, the state teachers retirement system, the Ohio police and fire pension fund, or the state highway patrol retirement system, subsequent to the withdrawal of contributions and cancellation of service credit in this system may restore such service credit by redepositing in the employees' savings fund the amount withdrawn with interest at a rate ... |
Section 3309.261 | Payroll deduction plans - restoring PERS or STERS credit.
... the Ohio police and fire pension fund, public employees retirement system, state teachers retirement system, or state highway patrol retirement system, and is a former member of or no longer contributing to the public employees retirement system or state teachers retirement system may restore service credit under section 145.31 or 3307.71 of the Revised Code by making payments pursuant to this section through a payr... |
Section 3309.262 | Proceedings on request for restoration of service credit.
...After receiving a request from the public employees retirement system under division (A) of section 145.311 or the state teachers retirement system under division (A) of section 3307.711 of the Revised Code, the school employees retirement system shall do both of the following: (A) Calculate and certify to the requesting retirement system the cost to a former member to restore service credit under section 3309.26 of... |
Section 3309.27 | Payroll deduction plans.
...(A) The school employees retirement board may establish by rule payroll deduction plans for payment of the following: (1) The cost of restoring service credit under section 3309.26 or 3309.261 of the Revised Code or purchasing any service credit members of the school employees retirement system are eligible to purchase under this chapter; (2) Charges for participation in programs established under section 3309.691 ... |
Section 3309.28 | Statement to be filed by employee member.
...Not later than thirty days after an employee begins employment, the employer shall file with the school employees retirement system a detailed statement of the employee's personal information and such other information as the school employees retirement board requires for the proper operation of the school employees retirement system. |
Section 3309.29 | Verifying termination of active service.
...To the extent to which it is used in determining the liability of any fund created by section 3309.60 of the Revised Code, the school employees retirement board shall verify the statement required by section 3309.28 of the Revised Code by the best evidence it can obtain. If official records are not available as to the length of service, compensation, or other information required, the board may use its discretion as ... |
Section 3309.30 | Service credit.
...For service subsequent to June 30, 1955, the retirement board shall credit a year of service credit to any member employed on a full-time basis for nine or more months of service within a year. For contributing and prior service before July 1, 1955 only eight or more months of service on a full-time basis within a year will be necessary for a year of service credit. Effective July 1, 1977, full-time service is define... |
Section 3309.301 | Purchase of service credit for period of self-exemption.
...contributing service in the system, the public employees retirement system, or the state teachers retirement system who exempted self from membership in one or more of the systems pursuant to section 145.03 or 3309.23 of the Revised Code, or former section 3307.25 or 3309.25 of the Revised Code, or was exempt under section 3307.24 of the Revised Code, may purchase credit for each year or portion of a year of service ... |
Section 3309.31 | Credit for prior service - comparable public position.
...the following: (A) School service in a public or private school, college, or university of this or another state, and for school service in any school or entity operated by or for the United States government. Credit purchased under this section for school service shall be limited to service rendered in schools, colleges, or universities chartered or accredited by the appropriate governmental agency. (B) Public ser... |
Section 3309.311 | Purchasing credit for service as school board member.
...As used in this section, "school board member" means a member of a city, local, exempted village, or joint vocational school district board of education and a "governing board member" means a member of an educational service center governing board. (A) A member of the school employees retirement system who does both of the following may purchase credit for service as a school board or governing board member if the m... |
Section 3309.312 | University of Akron law enforcement officers electing transfer to public employees retirement system.
...t officer may elect to transfer to the public employees retirement system in accordance with this section. An election shall be made by giving notice to the school employees retirement system on a form provided by the school employees retirement board and shall be irrevocable. (B) When a member makes the election described in this section, the school employees retirement system shall notify the public employ... |
Section 3309.32 | Prior service credit.
...Any employee who becomes a member and establishes one year of contributing service credit shall be granted prior service credit unless the employee is otherwise required to establish additional contributing service credit under the provisions of this chapter. Provided, however, that any employee who became a contributing member prior to September 1, 1938, shall be granted prior service credit as of the date of esta... |
Section 3309.33 | Retirement incentive plan.
...(A) An employer may establish a retirement incentive plan for its employees who are members of the school employees retirement system. The plan shall provide for purchase by the employer of service credit for eligible employees who choose to participate in the plan and for payment by the employer of the entire cost of such service credit. A plan established under this section shall remain in effect until termin... |
Section 3309.34 | Eligibility for service retirement.
..., may adjust the retirement eligibility requirements of division (A)(2)(a) of this section if the board's actuary, in its evaluation under division (C) of this section, determines that an adjustment is necessary to ensure that the retirement system meets the thirty-year amortization period requirement of section 3309.211 of the Revised Code. (B) A member may retire by filing an application for retirement with ... |
Section 3309.341 | Employment of retirant.
...means a member or former member of the public employees retirement system, Ohio police and fire pension fund, state teachers retirement system, state highway patrol retirement system, or Cincinnati retirement system who is receiving age and service or commuted age and service retirement, or a disability benefit from a system of which the retirant is a member or former member. (B)(1) Subject to this section and... |
Section 3309.343 | Continuing contributions to state system after retirement.
...ther state retirement system" means the public employees retirement system or the state teachers retirement system. (5) "State retirement system" means the public employees retirement system, state teachers retirement system, or the school employees retirement system. (B)(1) A member of the school employees retirement system who holds two or more SERS positions may retire under section 3309.35, 3309.36, or 33... |
Section 3309.344 | Retirant may apply for monthly annuity or lump sum payment.
...For purposes of this section, "SERS retirant" includes a member who retired under section 3309.343 of the Revised Code. (A) Except as provided in division (B)(3) of this section, an SERS retirant or other system retirant who has made contributions under section 3309.341 or 3309.343 of the Revised Code may file an application with the school employees retirement system for a benefit consisting of a single life annuit... |
Section 3309.345 | Reemployed superannuate or rehire in position filled by vote of members of board or commission.
...a reemployed retirant is to begin, give public notice that the person is or will be retired and is seeking employment with the employer; (2) Between fifteen and thirty days before the employment as a reemployed retirant is to begin, hold a public meeting on the issue of the person being employed by the employer. The notice regarding division (B)(1) of this section shall include the time, date, and location at whi... |
Section 3309.35 | Coordinating and integrating membership in state retirement systems.
...(1) "State retirement system" means the public employees retirement system, state teachers retirement system, or school employees retirement system. (2) "Total service credit" means all service credit earned in all state retirement systems, except credit for service subject to section 3309.341 of the Revised Code. Total service credit shall not exceed one year of credit for any twelve-month period. (3) In addition ... |
Section 3309.353 | Increase in benefits established prior to 2/1/1983.
...As used in this section, "benefit" means any allowance, pension, or other benefit to which an individual is entitled and that the individual receives pursuant to section 3309.36, 3309.40, 3309.45, or 3309.46 or former section 3309.38 of the Revised Code. The annual amount of each benefit for which eligibility was established prior to February 1, 1983, shall, after the adjustment required by section 3309.374 o... |
Section 3309.354 | Increase in benefits where eligibility established prior to 9-9-88.
...As used in this section, "benefit" means any allowance, pension, or other benefit to which an individual is entitled and that he receives pursuant to section 3309.35, 3309.36, 3309.40, 3309.45, or 3309.46 or former section 3309.38 of the Revised Code. Effective the first day of the month following September 9, 1988, the annual amount of benefits shall be increased as follows: (A) The annual amount of each ben... |
Section 3309.36 | Allowances for service retirement.
...(A) A member of the school employees retirement system who retires on service retirement shall be granted a retirement allowance consisting of the lesser of the sum of the following amounts or the limit established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 415, as amended: (1) An annuity having a reserve equal to the amount of the employee's accumulated contributions at that t... |
Section 3309.361 | Annual lifetime benefit.
...On and after the effective date of this section, the allowances of retirants receiving benefits based on an award from the school employees retirement system made on or after June 30, 1955, and before 1971, shall have the benefit recalculated by the school employees retirement system so that each such person shall receive an annual single lifetime benefit or its actuarial equivalent of not less than eighty-six dollar... |
Section 3309.362 | Increase in annual amount of benefit effective 7-1-81.
...As used in this section, "benefit" means any allowance, pension, or other benefit to which an individual is entitled and that the individual receives under section 3309.35, 3309.36, 3309.40, 3309.45, or 3309.46 or former section 3309.38 of the Revised Code. Effective July 1, 1981: (A) The annual amount of each benefit for which eligibility was established prior to January 1, 1977, shall, after the adjustment... |
Section 3309.363 | Contribution based benefit cap.
...(A) As used in this section: (1) "Retirement allowance" means any of the following as appropriate: (a) An allowance calculated under section 3309.36 of the Revised Code before any reduction for early retirement or election under section 3309.46 of the Revised Code of a plan of payment; (b) An allowance calculated under division (A) of section 3309.45 of the Revised Code; (c) An allowance calculated under ... |
Section 3309.374 | Cost of living increase.
...(A) Until December 31, 2017, the school employees retirement board shall annually increase each allowance, pension, or benefit payable under this chapter by three per cent. (B) Effective January 1, 2018, the retirement board may annually increase each allowance, pension, or benefit payable under this chapter by the percentage increase, if any, in the consumer price index, not to exceed two and one -half per cent, as... |
Section 3309.375 | Benefits equivalent to medicare.
...(A) Except as otherwise provided in division (B) of this section, the board of the school employees retirement system shall make available to each retirant or disability benefit recipient receiving a monthly allowance or benefit on or after January 1, 1968, who has attained the age of sixty-five years, and who is not eligible to receive hospital insurance benefits under the federal old age, survivors, and disability ... |
Section 3309.376 | Additional monthly payment as of 12-31-71.
...On and after December 31, 1971, all persons who retired and were eligible to receive a pension that was payable prior to July 1, 1968, pursuant to section 3309.36 or 3309.40 or former section 3309.38 of the Revised Code, or in the event of the death of such persons, the person designated by the deceased to receive payments under section 3309.46 of the Revised Code, shall receive an additional monthly payment of... |
Section 3309.377 | Additional monthly payment where member died prior to 7-1-68.
...Each person receiving benefits under section 3309.45 of the Revised Code who became eligible to receive such benefits under section 3309.44 of the Revised Code by virtue of the death of a member prior to July 1, 1968, shall receive an additional monthly payment of two dollars for each year between the date of such member's death and December 31, 1972, or an additional fifty dollars, whichever is less. |
Section 3309.378 | Additional monthly payment as of 12-19-73.
...On and after the effective date of this section, any person who retired or his beneficiary , who was eligible to receive an allowance that was first payable on or after July 1, 1968 and prior to July 1, 1971, and the beneficiary of a member who died before service retirement on or after July 1, 1968 and prior to July 1, 1971, receiving an allowance or benefit pursuant to sections 3309.35, 3309.36, 3309.38, 3309.40, 3... |
Section 3309.379 | Recalculating benefits.
...(A) On and after the first day of the month following the effective date of this section, each person eligible to receive an allowance, pension, or benefit, pursuant to sections 3309.35, 3309.36, 3309.40, division (A) of section 3309.45, and section 3309.46 and former section 3309.38 of the Revised Code, that was based upon an award made effective before June 30, 1955, shall have the allowance, pension, or benefit pa... |
Section 3309.3710 | Increase in monthly allowance, pension or benefit effective 7-1-81.
...(A) Effective July 1, 1981, each person eligible to receive an allowance, pension, or benefit pursuant to sections 3309.35, 3309.36, 3309.40, division (A) of section 3309.45, and section 3309.46 and former section 3309.38 of the Revised Code that was based upon an award made effective before July 1, 1974, shall have the person's monthly allowance, pension, or benefit increased by five per cent, except that the ... |
Section 3309.3711 | Increasing pension, benefit, or allowance when limits of 26 USC 415 are raised.
...Whenever the limits established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended, are raised, the school employees retirement board shall increase the amount of the pension, benefit, or allowance of any person whose pension, benefit, or allowance payable under section 3309.36, 3309.374, 3309.381, 3309.40, or 3309.401 or former section 3309.38 of the Revised Code... |
Section 3309.3712 | Establishing and maintaining qualified governmental excess benefit arrangement.
...cess benefit arrangement that meets the requirements of division (m) of section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended, and any regulations adopted thereunder. If established, the arrangement shall be a separate portion of the school employees retirement system and be maintained solely for the purpose of providing to retired members that part of a benefit otherwise pay... |
Section 3309.381 | Disability allowance recipient applying for service retirement.
...(A) A recipient of a disability allowance under section 3309.401 of the Revised Code who is subject to division (C)(3) of that section may make application for retirement under this section. Retirement shall be effective on the first day of the first month following the last day for which the disability allowance is paid. (B) The annual allowance payable under this section shall consist of the sum of the amounts det... |
Section 3309.39 | Providing disability coverage for on-duty illness or injury.
...(A) The school employees retirement system shall provide disability coverage to each member who has at least five years of total service credit. Not later than October 16, 1992, the school employees retirement board shall give each person who is a member on July 29, 1992, the opportunity to elect disability coverage either under section 3309.40 of the Revised Code or under section 3309.401 of the Revised Code... |
Section 3309.391 | Annual report disability retirement experience of each employer.
...Not later than September 1, 2000, and each first day of September thereafter, the school employees retirement board shall make and submit a report for the preceding fiscal year of the disability retirement experience of each employer. The report shall specify the total number of disability applications submitted, the status of each application as of the last day of the fiscal year, total applications granted or denie... |
Section 3309.392 | Social security disability insurance benefits.
...2 U.S.C. 423 if the recipient meets the requirements of divisions (a)(1)(A), (B), and (C) of that section. (B) A recipient of a disability benefit granted under this chapter on or after the effective date of this amendment who is enrolled in health care coverage under section 3309.69 of the Revised Code shall apply for both of the following: (1) Social security disability insurance benefit payments under 42 U.S.C.... |
Section 3309.40 | Benefits upon disability retirement.
...ng a disability benefit from either the public employees retirement system or the state teachers retirement system, then such member shall not be eligible for service credit based upon the number of years and fractions thereof between the effective date of disability and attained age sixty as provided for in this division. Such disability retirement shall not be less than thirty per cent nor more than seventy-five p... |
Section 3309.401 | Annual amount of disability allowance.
...(A) A member with disability coverage under this section who is determined by the school employees retirement board under section 3309.39 of the Revised Code to qualify for a disability benefit shall receive a disability allowance under this section. The allowance shall be an annual amount equal to the greater of the following: (1) Forty-five per cent of the member's final average salary; (2) The member's total s... |
Section 3309.41 | Disability benefit recipient to retain membership status.
...f the Revised Code, to this system, the public employees retirement system, or the state teachers retirement system, and completes an additional two years of service credit after the termination of the disability benefit, the former disability benefit recipient shall be entitled to receive up to two years of service credit for the period as a disability benefit recipient and may purchase service for the remaining per... |
Section 3309.42 | Payment to member who ceases to be a public employee.
...employees retirement system or a notary public. The board may waive the requirement of consent if the spouse is incapacitated or cannot be located, or for any other reason specified by the board. Consent or waiver is effective only with regard to the spouse who is the subject of the consent or waiver. (B) This division applies to any member who is employed in a position in which the member has elected under section ... |
Section 3309.43 | Payments to members who are members of another state retirement system.
...on, "other retirement system" means the public employees retirement system or the state teachers retirement system. (B) Except as provided in division (C) of this section, on application, a member of the school employees retirement system who is also a member of one or both of the other retirement systems and has ceased to be an employee under this chapter may be paid, in accordance with section 3309.42 of the Revis... |
Section 3309.44 | Designation or qualification of beneficiaries.
...eceased member was also a member of the public employees retirement system or the state teachers retirement system, the beneficiary last established among the systems shall be the sole beneficiary in all the systems. If the accumulated contributions of a deceased member are not claimed by a beneficiary, or by the estate of the deceased member, within ten years, they shall be transferred to the guarantee fund a... |
Section 3309.45 | Beneficiary may substitute other benefits.
...bsequent spouse who was a member of the public employees retirement system, state teachers retirement system, or school employees retirement system, the surviving spouse of such member may elect to continue receiving benefits under this division, or to receive survivor's benefits, based upon the subsequent spouse's membership in one or more of the systems, for which such surviving spouse is eligible under this sectio... |
Section 3309.451 | Service credit purchased upon death of member.
...Upon the death of a member prior to receipt of a disability benefit or service retirement, the surviving spouse or dependents of the deceased member shall have the right to purchase any service credit which the member, had he not died, would have been eligible to purchase under this chapter upon the same terms and conditions which the deceased member could have purchased such service credit had he not died. Any servi... |
Section 3309.46 | Electing a plan of payment.
...mployees retirement system or a notary public. The board may waive the requirement of consent if the spouse is incapacitated or cannot be located or for any other reason specified by the board. Consent or waiver is effective only with regard to the spouse who is the subject of the consent or waiver. (3) A member eligible to elect to receive a retirement allowance under a plan of payment other than "plan A" sha... |
Section 3309.47 | Contribution of contributor.
...Each school employees retirement system contributor shall contribute eight per cent of the contributor's compensation to the employees' savings fund, except that the school employees retirement board may raise the contribution rate to a rate not greater than ten per cent of compensation. The contributions by the direction of the school employees retirement board shall be deducted by the employer from the comp... |
Section 3309.471 | Contributions during disability leave.
...Except as otherwise provided in section 124.385 of the Revised Code, any contributor who is granted disability leave pursuant to a program sponsored by his employer, whereby the contributor receives a percentage of his salary while on disability leave, shall not be required to make contributions for time off while on disability leave. Except as otherwise provided in section 124.385 of the Revised Code, each employe... |
Section 3309.472 | Purchasing service credit for time spent on pregnancy.
...For one year after the effective date of this section, a member who resigned due to pregnancy prior to the effective date of this section may purchase service credit for a period following the resignation during which she did not make contributions under section 3309.47 of the Revised Code, if she meets both of the following conditions: (A) She has earned a minimum of one year of service credit subsequent to the dat... |
Section 3309.473 | Purchasing service credit for time spent on pregnancy or adoption.
...(A) Except as provided in division (D) of this section, a member of the school employees retirement system who resigned due to pregnancy or adoption of a child may purchase service credit for a period following the resignation during which the member did not make contributions under section 3309.47 of the Revised Code, if the member meets both of the following conditions: (1) The member has earned a minimum of one y... |
Section 3309.474 | Purchase of service credits for leaves of absence.
...on, "state retirement system" means the public employees retirement system, Ohio police and fire pension fund, state teachers retirement system, school employees retirement system, or state highway patrol retirement system. (B) A state retirement system member who while a member of the school employees retirement system was out of service due to a leave of absence approved by the member's employer may purchase from ... |
Section 3309.48 | Employer failing to deduct employee contribution.
...Any employee who left the service of an employer after attaining age sixty-five or over and such employer had failed or refused to deduct and transmit to the school employees retirement system the employee contributions as required by section 3309.47 of the Revised Code during any year for which membership was compulsory as determined by the school employees retirement board, shall be granted service credit without c... |
Section 3309.49 | Employer contribution.
...Each employer shall pay to the school employees retirement system at such times as required by the school employees retirement board under section 3309.51 of the Revised Code an amount that shall be a certain per cent of the earnable compensation of all employees, and shall be known as the "employer contribution." The rate per cent of such contribution shall be fixed by the actuary on the basis of the actuary's evalu... |
Section 3309.491 | Employer minimum compensation contribution.
...(A) An actuary employed by the school employees retirement board shall annually determine the minimum annual compensation amount for each member that will be needed to fund the cost of providing future health care benefits under section 3309.69 of the Revised Code. The amount determined by the actuary under this division shall be approved by the board and shall be known as the "minimum compensation amount." (B)(1)... |
Section 3309.50 | Payment of death benefit.
...(A)(1) Upon the death of a retirant or disability benefit recipient, who at the time of death is receiving a service retirement allowance or disability benefit from the school employees retirement system, a lump-sum payment of one thousand dollars shall be paid, following completion of an application on a form approved by the school employees retirement board, in the following order of precedence to: (a) The ... |
Section 3309.51 | Payment into employers' trust fund.
...(A) Each employer shall pay into the employers' trust fund, monthly or at such times as the school employees retirement board requires, an amount certified by the school employees retirement board, which shall be as required by Chapter 3309. of the Revised Code. Payments by school district boards of education to the employers' trust fund of the school employees retirement system may be made from the amounts alloca... |
Section 3309.53 | Written statement to employee of duties and obligations.
...Each employer, before employing any employee to whom this chapter may apply, shall give such person a written statement of the person's duties and obligations under such sections as a condition of employment, which statement shall be prepared and supplied to each employer by the school employees retirement board. Any such appointment or reappointment of any employee, or service upon indefinite tenure, shall be cond... |
Section 3309.55 | Notifying board of personnel changes.
...Each employer shall on the first day of each calendar month, or at such intervals as the school employees retirement board approves, notify the board of removals and withdrawals of employees that have occurred during the month preceding or the period since the period covered by the last notification. Each employer shall keep such records and shall furnish such information and assistance to the school employees retire... |
Section 3309.56 | Deductions; report.
...Each employer shall cause to be deducted, on each payroll of a contributor for each payroll period, the contribution payable by such contributor. Each employer shall send a report that lists such contributions deducted by contributor to the school employees retirement system at such time and in such manner as required by the school employees retirement board. |
Section 3309.57 | Transmission of contributions.
...Each employer shall transmit monthly or at such times as the school employees retirement board designates the contributions required under this chapter. The school employees retirement system after making a record of all such receipts shall pay them to the treasurer of state for use according to this chapter. |
Section 3309.571 | Penalties.
...The school employees retirement system shall impose the following penalties, which may be collected in the same manner as described in division (B) of section 3309.51 of the Revised Code: (A) For a failure to transmit contributions withheld from employees not later than the date specified under rules adopted by the school employees retirement board, one hundred dollars per day for each day the employer fails to tran... |
Section 3309.59 | Levying additional taxes.
...l funds necessary to meet the financial requirements imposed upon them by this chapter and said tax shall be placed before and in preference to all other items except for sinking fund or interest purposes. |
Section 3309.60 | Creation of funds - trustees.
... contingent fund from which the special requirements of said funds may be paid by transfer from this fund. All income derived from the investment of funds by the school employees retirement board as trustees under section 3309.15 of the Revised Code, together with all gifts and bequests, or the income therefrom, shall be paid into this fund. Any deficit occurring in any other fund that will not be covered by payment... |
Section 3309.61 | Each fund is separate legal entity.
...Wherever in this chapter, reference is made to the employees' savings fund, the employers' trust fund, the annuity and pension reserve fund, the guarantee fund, the survivors' benefit fund, the defined contribution fund, or the expense fund, such reference shall be construed to have been made to each as a separate legal entity. This section does not prevent the deposit or investment of all such moneys intermingled fo... |
Section 3309.62 | Estimating expenses annually.
...The school employees retirement board shall estimate annually the amount required to defray expenses of administration in the ensuing year and may apportion such expenses among the members. The amount so apportioned in any year shall not exceed three dollars per member. If the amount estimated to be required to meet the expenses of the board exceeds the amounts apportioned by the board, the amount of such excess shal... |
Section 3309.63 | Merger of local pension system with school employees retirement system - procedure.
...If a local district pension system votes to merge with the school employees retirement system, the school employees retirement board shall employ an actuary to value the assets and liabilities which will be taken over by the school employees retirement system hereby created in the event of such merger. The actuary so employed shall be an actuary also approved by the employer in whose district the local district pensi... |
Section 3309.64 | Payment of accrued liability - interest - rate.
...That part of the accrued liability due on account of pensions to pensioners already on the rolls of such local district pension system, referred to in section 3309.63 of the Revised Code, remaining unpaid on September 1, 1937, shall be paid by the employer at the rate of at least four per cent per annum of such accrued liability with interest at four per cent per annum on unpaid balances. Both the payment and interes... |
Section 3309.65 | Procedure for transfer of moneys and securities in event of merger.
...The increasing contribution determined as provided in sections 3309.63 and 3309.64 of the Revised Code by the actuary shall be paid by the employer instead of the deficiency contribution computed as otherwise provided by this chapter. In the event of merger, the moneys and securities to the credit of the local district pension system, not exceeding an aggregate amount equal to the present value of the payments to be ... |
Section 3309.66 | Tax exemptions.
...The right of an individual to a pension, an annuity, or a retirement allowance itself, the right of an individual to any optional benefit, any other right accrued or accruing to any individual under this chapter, the various funds created by section 3309.60 of the Revised Code, and all moneys, investments, and income from moneys and investments are exempt from any state tax, except the tax imposed by section 5747.02 ... |
Section 3309.661 | Acquiring vested right in pension when granted.
...(A) Except as provided in section 3309.673 of the Revised Code, the granting of a retirement allowance, annuity, pension, or other benefit to any person pursuant to action of the school employees retirement board vests a right in such person, so long as the person remains the recipient of any of the funds established by section 3309.60 of the Revised Code, to receive such retirement allowance, annuity, pension, or be... |
Section 3309.662 | Waiver of rights.
...(A) Any person who is receiving an allowance, benefit, or any increase under the provisions of this chapter may, at any time, waive his rights thereto, or to a portion thereof, by filing a written notice of waiver with the school employees retirement board. Except as provided in division (B) of this section, such waiver shall remain in effect until the first day of the month following his death or the filing of his w... |
Section 3309.663 | Payroll deduction of membership dues and fees of retiree organizations.
...anization composed primarily of retired public employees or retired public employees and their spouses if the association or organization adopts a resolution approving payment by that method and not fewer than five hundred persons receiving allowances, annuities, pensions, or benefits from the system initially authorize the deduction for payment to the same association or organization. The authorization shall be in w... |
Section 3309.67 | Restitution order based on theft in office or certain sex offenses.
...(A) Notwithstanding any other provision of this chapter, any payment that is to be made under a pension, annuity, allowance, or other type of benefit, other than a survivorship benefit, that has been granted to a person under this chapter, any payment of accumulated contributions standing to a person's credit under this chapter, and any payment of any other amounts to be paid to a person under this chapter upon the p... |
Section 3309.671 | Order for division of marital property.
...l determine whether the order meets the requirements of sections 3105.80 to 3105.90 of the Revised Code. The system shall retain in the participant's record an order the system determines meets the requirements. Not later than sixty days after receipt, the system shall return to the court that issued the order any order the system determines does not meet the requirements. (C) The system shall comply with an order r... |
Section 3309.672 | Forfeiture of retirement benefits under RC 2929.192.
...(A) Notwithstanding any other provision of this chapter, any payment of accumulated contributions standing to a person's credit under this chapter and any other amount or amounts to be paid to a person who is a contributor under this chapter upon the person's withdrawal of contributions pursuant to this chapter shall be subject to any forfeiture ordered under division (A) or (B) of section 2929.192 of the Revis... |
Section 3309.673 | Benefits subject to termination.
...Notwithstanding any other provision of this chapter, a disability benefit granted under this chapter is subject to an order issued under section 2929.193 of the Revised Code. The school employees retirement board shall comply with the order. On receipt of notice under section 2901.43 of the Revised Code that a school employees retirement system member is charged with an offense listed in division (D) of secti... |
Section 3309.68 | Payment of amounts due retirement system from treasury.
...All amounts due the school employees retirement system from the state treasury pursuant to this chapter shall be promptly paid upon warrant of the director of budget and management pursuant to a voucher approved by the director. |
Section 3309.69 | Group health care coverage for eligible individuals or dependents.
...vailable to the same individual by the public employees retirement system, Ohio police and fire pension fund, state teachers retirement system, or state highway patrol retirement system. (G) The board shall make all other necessary rules pursuant to the purpose and intent of this section. (H) This section does not require the board to establish, maintain, offer, or continue any health care program. This sectio... |
Section 3309.691 | Establishing programs for long term health care insurance.
...The school employees retirement board may establish a program under which members of the retirement system, employers on behalf of members, and persons receiving service, disability, or survivor benefits are permitted to participate in contracts for long-term health care insurance. Participation may include dependents and family members. If a participant in a contract for long-term care insurance leaves employment, t... |
Section 3309.692 | Additional deposits to fund medical expenses.
...As used in this section, "SERS defined benefit plan" means the plan established under sections 3309.18 to 3309.70 of the Revised Code and "SERS defined contribution plan" means the plan established under section 3309.81 of the Revised Code. The SERS defined benefit plan or a SERS defined contribution plan may include a program under which a member participating in the plan or a member's employer is permitted to make... |
Section 3309.70 | Recovering erroneous payments.
...If a person who is a member, former member, contributor, former contributor, retirant, beneficiary, or alternate payee, as defined in section 3105.80 of the Revised Code, is paid any benefit or payment by the school employees retirement system to which the person is not entitled, the benefit shall be repaid to the retirement system by the person. If the person fails to make the repayment, the retirement system shall ... |
Section 3309.73 | Credit for service in uniform retirement system.
...(A) As used in this section and section 3309.731 of the Revised Code: (1) "Uniform retirement system" or "uniform system" means the Ohio police and fire pension fund or state highway patrol retirement system. (2) "Military service credit" means service credit purchased or obtained under this chapter or Chapter 742. or 5505. of the Revised Code for service in the armed forces of the United States. (B) A member of t... |
Section 3309.731 | Transferred service credit from uniform retirement system.
...(A) As used in this section, "transferred service credit" means service credit purchased or obtained under section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of the Revised Code prior to the date a member commenced the employment covered by the school employees retirement system for which the member is currently contributing to the system. (B) A member of the school employees retirement system who has c... |
Section 3309.74 | Transferring service credit and contributions between SERS and Cincinnati retirement system.
...e transfers that is consistent with the requirements of sections 3309.75 and 3309.76 of the Revised Code and includes both of the following: (a) A provision under which the retirement systems agree to transfer the amounts specified in those sections; (b) A provision that specifies an amount of credit the system to which the transfer is made will grant for a specific period of service earned under the transferring s... |
Section 3309.75 | Eligibility for credit for service in Cincinnati retirement system.
...(A) If the conditions described in division (B) of section 3309.74 of the Revised Code are met, a member of the school employees retirement system who is not receiving a pension or benefit from the school employees retirement system is eligible to obtain credit for service as a member of the Cincinnati retirement system under this section. (B) A member of the school employees retirement system who has contributions ... |
Section 3309.76 | Transferring contributions to Cincinnati retirement system.
...(A) If the conditions described in division (B) of section 3309.74 of the Revised Code are met and a person who is a member or former member of the school employees retirement system but not a current contributor and who is not receiving a pension or benefit from the school employees retirement system elects to receive credit under the Cincinnati retirement system for service for which the person contributed to the s... |
Section 3309.80 | Rules for defined contribution plans.
...The school employees retirement board shall adopt rules to implement each plan established under section 3309.81 of the Revised Code. |
Section 3309.81 | Establishment and administration of defined contribution plan.
...shed under this section shall meet the requirements of sections 3309.81 to 3309.98 of the Revised Code and any rules adopted in accordance with section 3309.80 of the Revised Code. It may include life insurance, annuities, variable annuities, regulated investment trusts, pooled investment funds, or other forms of investment. The board may administer the plans, enter into contracts with other entities to admini... |
Section 3309.811 | Qualification of plan as governmental plan for federal tax purposes.
...S.C.A. 414(d), as amended, and meet the requirements of section 401(a) of the "Internal Revenue Code of 1986," 26 U.S.C.A. 401(a), as amended, applicable to governmental plans. |
Section 3309.812 | Qualification of plan as retirement system maintained by a state or local government entity for federal tax purposes.
...9.81 of the Revised Code shall meet the requirements necessary to qualify as a retirement system maintained by a state or local government entity under section 3121(b)(7)(F) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 3121(b)(7)(F), as amended. Each participant in a plan shall qualify as a member of that system. |
Section 3309.813 | Maintaining individual account for each participant.
...Each plan established under section 3309.81 of the Revised Code shall require the school employees retirement board, or the entity administering the plan pursuant to a contract with the board, to cause an individual account to be maintained for each member participating in the plan. A plan may include deposits to the defined contribution fund created under section 3309.60 of the Revised Code or additional deposits ma... |
Section 3309.82 | Application of chapter to defined contribution plan.
...(A) Except as provided in division (B) of this section, sections 3309.02, 3309.021, and 3309.022 and sections 3309.18 to 3309.70 of the Revised Code do not apply to a plan established under section 3309.81 of the Revised Code, except that a plan may incorporate provisions of those sections as specified in the plan document. (B) The following sections of Chapter 3309. of the Revised Code apply to a plan established u... |
Section 3309.85 | Contributions of members.
...Each member participating in a plan established under section 3309.81 of the Revised Code shall contribute a per cent of the member's compensation to the school employees retirement system as required in section 3309.47 of the Revised Code. Contributions made under this section shall not exceed the limits established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. |
Section 3309.86 | Contributions of employers.
...For each member participating in a plan established under section 3309.81 of the Revised Code, the employer shall contribute a per cent of the member's compensation to the school employees retirement system as required in section 3309.49 of the Revised Code. |
Section 3309.87 | Deposit and crediting of contributions.
...Except as provided in section 3309.88 of the Revised Code, amounts contributed under sections 3309.85 and 3309.86 of the Revised Code, and any earnings on those amounts, shall be deposited and credited in accordance with the plan established under section 3309.81 of the Revised Code that is selected by the member. |
Section 3309.88 | Transfer of portion of employer contribution to employers' trust fund to mitigate negative financial impact on system.
...For each member participating in a plan established under section 3309.81 of the Revised Code, the school employees retirement system shall transfer to the employers' trust fund a portion of the employer contribution required under section 3309.49 of the Revised Code. The portion shall equal the percentage of compensation of members for whom the contributions are being made that is determined by an actuary appo... |
Section 3309.91 | Member rights governed by plan selected.
...The right of each member participating in a plan established under section 3309.81 of the Revised Code to a retirement, disability, survivor, or death benefit, to health or long-term care insurance, or to a withdrawal of any amounts that have accumulated on the member's behalf shall be governed exclusively by the plan selected by the member. |
Section 3309.92 | Spousal consent or waiver.
...09.81 of the Revised Code shall include requirements for consent under this section that are the same as the requirements specified in section 417(a)(2) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 417(a)(2), as amended. A plan may waive consent if the spouse cannot be located or for any other reason specified in the regulations adopted under that section. A plan shall waive the requirement of... |
Section 3309.95 | Right to payment or benefit vested.
...Subject to sections 3309.341, 3309.66, 3309.67, 3309.672, and 3309.673 of the Revised Code, the right of a member participating in a plan established under section 3309.81 of the Revised Code to any payment or benefit accruing from contributions made by or on behalf of the member under sections 3309.85 and 3309.86 of the Revised Code shall vest in accordance with this section. A member's right to any payment ... |
Section 3309.97 | Deposits of members.
...Each plan established under section 3309.81 of the Revised Code shall permit a member participating in the plan to do all of the following: (A) Maintain on deposit with the school employees retirement system, or the entity administering the plan pursuant to a contract with the school employees retirement board, any amounts that have accumulated on behalf of the member; (B) If the member has withdrawn the amounts de... |
Section 3309.98 | Ceasing contributions.
...Contributions under sections 3309.85 and 3309.86 of the Revised Code shall cease on the member's death or termination of employment or for any other reason specified by the plan selected by the member. |
Section 3309.99 | Penalty.
...(A) Whoever violates division (A) of section 3309.073 of the Revised Code shall be fined not more than one hundred dollars for each day of the violation. (B) Whoever violates division (B) of section 3309.073 of the Revised Code shall be imprisoned for not more than six months or fined not more than five thousand dollars, or both. (C) Fines imposed by the Ohio elections commission under this section shall be paid in... |
Section 3951.01 | Public insurance adjuster definitions - exceptions.
...pose of qualifying to do business as a public insurance adjuster in this state, as determined by the superintendent, and that has been engaged in business as a bona fide lending institution for at least five years, and any member of an affiliated group, as defined by division (B)(3)(e) of section 5739.01 of the Revised Code, associated with a lending institution, which member has been a member of the affiliated... |
Section 3951.02 | Certificate of authority requirement.
...ration shall act within this state as a public insurance adjuster, or receive, directly or indirectly, compensation for services rendered in the adjustment of any claim or claims under the types of insurance policies set forth in section 3951.01 of the Revised Code, unless he, or it, is the holder of a certificate of authority to act as a public insurance adjuster, issued pursuant to sections 3951.01 to 3951.09, inc... |
Section 3951.03 | Applying for certificate of authority.
...icate of authority as agent, broker, or public insurance adjuster has been issued previously by the superintendent of this state or by the insurance department of any state to the individual applicant, and, if the applicant be an individual, whether any such certificate has been issued previously to any firm, association, or partnership of which the individual was or is an officer or director, and, if the applicant b... |
Section 3951.04 | Issuing or denying certificate of authority.
...s trustworthy and competent to act as a public insurance adjuster in such manner as to safeguard the interest of the public and who has complied with the prerequisites herein described. A certificate of authority issued to a firm, association, partnership, or corporation shall authorize only the members of the firm, association, or partnership or the officers and directors of the corporation, specified in the certifi... |
Section 3951.05 | Examination of applicant.
... a certificate of authority to act as a public insurance adjuster, require such applicant or in the case of a firm, association, partnership, or corporation, such of its employees, members, officers, or directors, who are to be individually authorized to act under its certificate of authority, to submit to a written examination. Examinations shall be held in such place in this state and at such time as the superinten... |
Section 3951.06 | Fee - renewal of certificate - supplemental certificate.
...e superintendent by the applicant for a public insurance adjuster's certificate of authority before the initial application is granted. If the applicant is a firm, association, partnership, or corporation, the fee shall be paid for each person specified in the application. (B) A firm, association, partnership, or corporation to which a certificate of authority has been issued by the superintendent may at any time ... |
Section 3951.07 | Suspending or revoking certificate of authority.
...mpetency or untrustworthiness to act as public insurance adjuster; (E) Obtained from any claimant an assignment of a claim. Before the superintendent revokes, suspends, or refuses to issue any certificate of authority, written notice of the grounds therefor and the time and place of the hearing must be given to the applicant. Full opportunity shall be given at such hearing to the person, firm, association, partners... |
Section 3951.08 | No advice constituting practice of law.
...No holder of a certificate of authority shall make any misrepresentations of facts or advise any insured or insurer on any question of law or perform any service constituting the practice of law, nor shall any such holder of a certificate of authority in handling a claim, advise any insured or insurer to refrain from retaining counsel to protect his or its interests. |
Section 3951.09 | Waiving of examination for applicant licensed in another state.
... Chapter 4796. of the Revised Code as a public insurance adjuster in a state that does not issue that license or certificate. |
Section 3951.10 | Effect of child support default on certificate.
...On receipt of a notice pursuant to section 3123.43 of the Revised Code, the superintendent of insurance shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a certificate issued pursuant to this chapter. |
Section 3951.99 | Penalty.
... a certificate of authority to act as a public insurance adjuster, who adjusts any insurance losses without previously having obtained the required certificate of authority or who adjusts any insurance loss after his, or its, certificate of authority has been revoked, shall be fined not less than one hundred nor more than five hundred dollars for each loss adjusted without such certificate of authority. (B) The pena... |
Section 3965.01 | Definitions.
...authorized by the licensee to access nonpublic information held by the licensee and its information systems. (C) "Ceding insurer" has the same meaning as in section 3901.61 of the Revised Code. (D) "Consumer" means an individual who is a resident of this state and whose nonpublic information is in a licensee's possession, custody, or control. "Consumer" includes an applicant, policyholder, insured, beneficiary, c... |
Section 3965.02 | Information security program.
... submit a report that complies with the requirements of division (E)(2) of this section. (F)(1) A licensee shall exercise due diligence in selecting its third-party service provider. (2) A licensee shall require a third-party service provider to implement appropriate administrative, technical, and physical measures to protect and secure the information systems and nonpublic information that are accessible to, or ... |
Section 3965.03 | Investigation of events.
...ersecurity event; (3) Identify any nonpublic information that may have been involved in the cybersecurity event; (4) Perform or oversee reasonable measures to restore the security of the information systems compromised in the cybersecurity event in order to prevent further unauthorized acquisition, release, or use of nonpublic information in the licensee's possession, custody, or control. (C) If the licensee le... |
Section 3965.04 | Notification to superintendent.
...rty to fulfill any of the investigation requirements imposed under section 3965.03 of the Revised Code or notice requirements imposed under this section. (E)(1) In the case of a cybersecurity event involving nonpublic information that is used by or in the possession, custody, or control of a licensee that is acting as an assuming insurer, including an assuming insurer that is domiciled in another state or jurisdict... |
Section 3965.05 | Powers of superintendent.
...(A) The superintendent of insurance shall have power to examine and investigate into the affairs of any licensee to determine whether the licensee has been or is engaged in any conduct in violation of this chapter. This power is in addition to the powers that the superintendent has under Title XXXIX and Chapters 1739. and 1751. of the Revised Code. (B) Whenever the superintendent has reason to believe that a licens... |
Section 3965.06 | Confidentiality.
...al by law and privileged; (b) Are not public records for the purposes of section 149.43 of the Revised Code and shall not be released; (c) Shall not be subject to subpoena; (d) Shall not be subject to discovery or admissible in evidence in any private civil action. (2) Notwithstanding division (A)(1) of this section, the superintendent may use the documents, materials, or other information described in divisi... |
Section 3965.07 | Exemptions.
...(A) A licensee is exempt from the requirements of section 3965.02 of the Revised Code if it meets any of the following criteria: (1) The licensee has fewer than twenty employees. (2) The licensee has less than five million dollars in gross annual revenue. (3) The licensee has less than ten million dollars in assets, measured at the end of the licensee's fiscal year. (B)(1) A licensee subject to and in complia... |
Section 3965.08 | Affirmative defense.
...resulted in a data breach concerning nonpublic information. (B) The affirmative defenses permitted under this section shall not limit any other affirmative defenses available to a licensee. |
Section 3965.09 | Applicability and scope of chapter.
...ybersecurity events, the security of nonpublic information, data security, investigation of cybersecurity events, and notification to the superintendent of cybersecurity events. |
Section 3965.10 | Adoption of rules.
...The superintendent of insurance, pursuant to Chapter 119. of the Revised Code, may adopt rules as necessary to carry out the provisions of this chapter. |
Section 3965.11 | Administration.
...The superintendent of insurance shall consider the nature, scale, and complexity of licensees in administering this chapter and adopting rules pursuant to this chapter. |
Section 4115.02 | Maximum consecutive hours for firemen on duty.
...The chief of the fire department of each municipal corporation, township, or fire district employing three or more full-time paid firemen, unless exempt under this section, shall divide the uniform force into not less than two platoons, and where the uniform force is so divided into two platoons the said chief shall keep a platoon of the uniform force on duty twenty-four consecutive hours, after which the platoon ser... |
Section 4115.03 | Wages and hours on public works definitions.
...t, means: (1) Any person who submits a bid for the purpose of securing the award of the contract; (2) Any person acting as a subcontractor of a person described in division (F)(1) of this section; (3) Any bona fide organization of labor which has as members or is authorized to represent employees of a person described in division (F)(1) or (2) of this section and which exists, in whole or in part, for the purpose ... |
Section 4115.031 | Discharge of obligation of contractor or subcontractor.
...The obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of the director of commerce, insofar as Chapter 4115. of the Revised Code is concerned, may be discharged by the making of payments in cash, by the making of contributions of a type referred to in division (E)(2) of section 4115.03 of the Revised Code or by the assumption of an enforceable commitment ... |
Section 4115.033 | Subdividing public improvement projects.
...No public authority shall subdivide a public improvement project into component parts or projects, the cost of which is fairly estimated to be less than the threshold levels set forth in division (B) of section 4115.03 of the Revised Code, unless the projects are conceptually separate and unrelated to each other, or encompass independent and unrelated needs of the public authority. |
Section 4115.034 | Adjusting threshold levels for public improvement projects.
...l adjust the threshold levels for which public improvement projects are subject to sections 4115.03 to 4115.16 of the Revised Code as set forth in divisions (B)(3) and (4) of section 4115.03 of the Revised Code. The director shall adjust those amounts according to the average increase or decrease for each of the two years immediately preceding the adjustment as set forth in the construction cost index published... |
Section 4115.05 | Prevailing rate of wage in locality to control contract wage.
...to laborers, workers, or mechanics upon public works shall not be less at any time during the life of a contract for the public work than the prevailing rate of wages then payable in the same trade or occupation in the locality where such public work is being performed, under collective bargaining agreements or understandings, between employers and bona fide organizations of labor in force at the date the contr... |
Section 4115.06 | Contract to contain provision requiring payment of certain wage rate.
...the public authority and the successful bidder shall contain a provision requiring the successful bidder and all his subcontractors to pay a rate of wages which shall not be less than the rate of wages so fixed. The successful bidder and all his subcontractors shall comply strictly with the wage provisions of the contract. Where a public authority constructs a public improvement with its own forces, such public au... |
Section 4115.07 | Full payment of wages - records.
...the Revised Code, and the action of any public authority to pay not less than the prevailing rate of wages shall make full payment of such wages in legal tender, without any deduction for food, sleeping accommodations, transportation, use of small tools, or any other thing of any kind or description. This section does not apply where the employer and employee enter into an agreement in writing at the beginning of any... |
Section 4115.071 | Prevailing wage coordinator.
...(A) Each contracting public authority that enters into a contract other than a contract for printing, binding, and related services, whose contractor and subcontractors are subject to sections 4115.03 to 4115.16 of the Revised Code shall, no later than ten days before the first payment of wages is payable to any employee of any contractor or subcontractor, designate and appoint one of its own employees to serve as th... |
Section 4115.08 | Failure to ascertain prevailing rates of wages.
...ent, shall fail, before advertising for bids or undertaking such construction with those forces, to have the director of commerce determine the prevailing rates of wages of mechanics and laborers for the class of work called for by the public improvement in the locality where the work is to be performed, as provided in section 4115.04 of the Revised Code. |
Section 4115.09 | Awarding of contract without ascertaining prevailing rates of wages.
...No member of a public board, commission, or other public authority authorized to contract for or construct with its own forces a public improvement, shall vote for the award of any contract for the construction of such improvement, or vote for the disbursement of any funds on account of the construction of such public improvement, unless such public authority has first had the director of commerce determine the preva... |
Section 4115.10 | Prohibitions.
...hat its subcontractor complied with the requirements of sections 4115.03 to 4115.16 of the Revised Code. |
Section 4115.101 | Prevailing wage custodial fund.
...There is hereby created the prevailing wage custodial fund, which shall be in the custody of the treasurer of state but shall not be part of the state treasury. The director of commerce shall deposit to the fund all money paid by employers to the director that are held in trust for employees to whom prevailing wages are due and owing. The director shall make disbursements from the fund in accordance with this c... |
Section 4115.11 | Paying wages in full in cash.
...Employers who have not established a plan, by a labor agreement or otherwise, for the provision of wages as defined in division (E)(2) of section 4115.03 of the Revised Code shall pay the prevailing rates of wages in full in cash. |
Section 4115.12 | Administrative rules for contractors and subcontractors.
...prosecution, completion, or repair of a public improvement financed in whole or in part by any public authority. |
Section 4115.13 | Investigations - determinations.
...acting directly or indirectly with any public authority for the construction of a public improvement or from performing any work on the same as provided in section 4115.133 of the Revised Code. A contractor, subcontractor, or officer of a contractor or subcontractor may appeal the decision, within sixty days after the decision, to the court of common pleas of the county in which the first hearing involving the... |
Section 4115.131 | Contract disputes.
...ctor of commerce may, upon request by a public authority or by a person having a contract with a public authority, cause to be made such investigation and hearing as the director deems necessary and render a decision embodying the director's findings and conclusions. Unless finally reversed on appeal to the courts, the decision of the director shall form the basis for decision of any complaint on the same facts filed... |
Section 4115.132 | Director of commerce - investigatory powers.
...In any investigation undertaken by the director of commerce pursuant to sections 4115.03 to 4115.16 of the Revised Code, the director, a designated representative, or hearing examiner may administer oaths, take and cause to be taken depositions of witnesses, issue subpoenas, and compel the attendance of witnesses and the production of papers, books, accounts, payrolls, documents, records, and testimony relating to an... |
Section 4115.133 | Filing list of convicted contractors, subcontractors, and officers of contractors and subcontractors.
...racting directly or indirectly with any public authority for the construction of a public improvement or from performing any work on the same as a contractor, subcontractor, or officer of a contractor or subcontractor for a period of one year from the date of the expiration of the applicable period for filing an appeal, or if appealed, from the date of the final judgment of a court. If the contractor, subcontractor, ... |
Section 4115.14 | Written notice of noncompliance.
...rther work under the contract until the requirements of such notice are complied with. The court may issue a temporary restraining order without notice to the defendant in such action. Upon final hearing thereof, if the court is satisfied that the requirements of the notice by the director to the defendant was not unreasonable or arbitrary, it shall issue an order enjoining the defendant from awarding such contract ... |
Section 4115.15 | Notice to halt work.
...evailing rate of wages, the contracting public authority or the director may, upon written notice to the contractor or subcontractor and the sureties of the contractor or subcontractor, and after hearing held pursuant to section 4115.13 of the Revised Code, order work halted on the part of the contract for which less than the prevailing rate of wages has been paid, until the defaulting contractor has filed with the d... |
Section 4115.16 | Filing complaint.
...The complaint may make the contracting public authority a party to the action, but not the director. Contemporaneous with service of the complaint, the interested party shall deliver a copy of the complaint to the director. Upon receipt thereof, the director shall cease investigating or otherwise acting upon the complaint filed pursuant to division (A) of this section. The court in which the complaint is filed... |
Section 4115.21 | Time for filing complaint.
...n two years after the completion of the public improvement upon which the violation is alleged to have occurred or be barred from further administrative action under this chapter. |
Section 4115.31 | Products and services of persons with severe disabilities definitions.
...means any board, commission, authority, public corporation, college, university, or other educational institution, or any other entity supported in whole or in part by funds appropriated by the general assembly. (F) "Central nonprofit agency" means an agency approved under section 4115.35 of the Revised Code by qualified nonprofit agencies for persons with severe disabilities and the state committee for the purchase... |
Section 4115.32 | State committee for purchase of products and services of persons with severe disabilities.
...(A) Subject to section 4115.36 of the Revised Code, there is hereby created the state committee for the purchase of products and services provided by persons with severe disabilities. The committee shall be composed ex officio of the following persons, or their designees: (1) The directors of administrative services, mental health and addiction services, developmental disabilities, transportation, natural res... |
Section 4115.33 | State committee - powers and duties.
...tudy, on its own or in conjunction with public or private entities, problems related to the employment of persons with severe disabilities and the development or adaptation of production methods that would enable a greater utilization of persons with severe disabilities. |
Section 4115.34 | Procurement lists.
... products and services on a competitive bid basis. Sections 4115.31 to 4115.35 of the Revised Code do not apply if the products or services are available for procurement from any state agency, political subdivision, or instrumentality of the state and procurement from such agency, subdivision, or instrumentality is required under any law in effect on August 13, 1976. (B) The committee and any state agency, political... |
Section 4115.35 | Approval and audits of central nonprofit agencies.
...(A) Qualified nonprofit agencies for persons with severe disabilities and the state committee for the purchase of products and services provided by persons with severe disabilities shall approve, through a mutually developed process, and pursuant to rules the committee adopts in accordance with Chapter 119. of the Revised Code, one or more central nonprofit agencies to carry out the intent of sections 4115.31 to 4115... |
Section 4115.36 | Sunset provision for RC sections 4115.31 to 4115.35.
...Sections 4115.31 to 4115.35 of the Revised Code have no effect after the director of administrative services abolishes the state committee for the purchase of products and services provided by persons with severe disabilities. Upon abolishment of the committee, sections 125.60 to 125.6012 of the Revised Code shall govern the procurement of products and services provided by persons with work-limiting disabilities from... |
Section 4115.99 | Penalty.
...(A) Whoever violates section 4115.08 or 4115.09 of the Revised Code shall be fined not less than twenty-five nor more than five hundred dollars. (B) Whoever violates division (C) of section 4115.071, section 4115.10, or 4115.11 of the Revised Code is guilty of a misdemeanor of the second degree for a first offense; for each subsequent offense such person is guilty of a misdemeanor of the first degree. |
Section 4116.03 | Public authority - prohibited acts.
...sed Code; (B) Discriminate against any bidder, contractor, or subcontractor for refusing to become a party to any agreement with any labor organization on the public improvement that currently is under bid or on projects related to that improvement; (C) Otherwise violate section 4116.02 of the Revised Code. |
Section 4116.04 | Complaints - attorney fees.
... file a complaint against a contracting public authority alleging a violation of section 4116.02 or 4116.03 of the Revised Code within two years after the date on which the contract is signed for the public improvement in the court of common pleas of the county in which the public improvement is performed. The performance of the contract forms the basis of the allegation of a violation. The court in which the compla... |
Section 4117.01 | Public employees' collective bargaining definitions.
... Code, includes employee organizations, public employees, and public employers. (B) "Public employer" means the state or any political subdivision of the state located entirely within the state, including, without limitation, any municipal corporation with a population of at least five thousand according to the most recent federal decennial census; county; township with a population of at least five thousand in the ... |
Section 4117.02 | State employment relations board.
...on, and character, notwithstanding the requirements established by section 119.09 of the Revised Code. The chairperson shall give special regard to the practical training and experience that employees have for the particular position involved. The executive director, assistant executive director, administrative law judges, employees holding a fiduciary or administrative relation to the state employment relation... |
Section 4117.03 | Rights of public employees.
...(A) Public employees have the right to: (1) Form, join, assist, or participate in, or refrain from forming, joining, assisting, or participating in, except as otherwise provided in Chapter 4117. of the Revised Code, any employee organization of their own choosing; (2) Engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection; (3) Representation by an empl... |
Section 4117.04 | Public employers exclusive representative.
...(A) Public employers shall extend to an exclusive representative designated under section 4117.05 of the Revised Code, the right to represent exclusively the employees in the appropriate bargaining unit and the right to unchallenged and exclusive representation for a period of not less than twelve months following the date of certification and thereafter, if the public employer and the employee organization enter int... |
Section 4117.05 | Employee organization to become exclusive representative - procedure.
...the exclusive representative of all the public employees in an appropriate unit for the purposes of collective bargaining by either: (1) Being certified by the state employment relations board when a majority of the voting employees in the unit select the employee organization as their representative in a board-conducted election under section 4117.07 of the Revised Code; (2) Filing a request with a public employer... |
Section 4117.06 | State employment relations board to determine collective bargaining unit.
...rs, and other working conditions of the public employees; the effect of over-fragmentation; the efficiency of operations of the public employer; the administrative structure of the public employer; and the history of collective bargaining. (C) The board may determine a unit to be the appropriate unit in a particular case, even though some other unit might also be appropriate. (D) In addition, in determining th... |
Section 4117.07 | Procedure upon filing petition for election.
...lective bargaining agreement between a public employer and an exclusive representative. Petitions for elections may be filed with the board no sooner than one hundred twenty days or later than ninety days before the expiration date of any collective bargaining agreement, or after the expiration date, until the public employer and exclusive representative enter into a new written agreement. For the purposes of ... |
Section 4117.08 | Matters subject to collective bargaining.
...t to collective bargaining between the public employer and the exclusive representative, except as otherwise specified in this section and division (E) of section 4117.03 of the Revised Code. (B) The conduct and grading of civil service examinations, the rating of candidates, the establishment of eligible lists from the examinations, and the original appointments from the eligible lists are not appropriate sub... |
Section 4117.09 | Parties to execute written agreement - provisions of agreement.
...nto in accordance with this chapter. No publication thereof is required to make it effective. A party to the agreement may bring suits for violation of agreements or the enforcement of an award by an arbitrator in the court of common pleas of any county wherein a party resides or transacts business. (2) Authorizes the public employer to deduct the periodic dues, initiation fees, and assessments of members of the exc... |
Section 4117.10 | Terms of agreement.
...t of public employees; (f) Residency requirements; (g) The minimum educational requirements contained in the Revised Code pertaining to public education including the requirement of a certificate by the fiscal officer of a school district pursuant to section 5705.41 of the Revised Code; (h) The provisions of division (A) of section 124.34 of the Revised Code governing the disciplining of officers and employe... |
Section 4117.101 | Prohibiting agreements contrary to community school provisions.
...into under this chapter from containing requirements and procedures governing the reassignment of teachers who are employed in a school at the time it is converted to a community school pursuant to Chapter 3314. of the Revised Code and who do not choose or are not chosen to teach in that community school. |
Section 4117.102 | List of school districts with agreements with teacher employee organizations.
...The state employment relations board shall compile a list of the school districts in the state that have filed with the board agreements entered into with teacher employee organizations under this chapter. The board shall annually update the list to reflect, for each district, for the current fiscal year, the starting salary in the district for teachers with no prior teaching experience who hold bachelors degrees. Th... |
Section 4117.103 | Contract may not prohibit district board from utilizing volunteers.
...Notwithstanding any provision of section 4117.08 or 4117.10 of the Revised Code to the contrary, no agreement entered into under this chapter on or after September 29, 2005, shall prohibit a school district board of education from utilizing volunteers to assist the district and its schools in performing any of their functions, other than functions for which a license, permit, certificate, or registration issued by th... |
Section 4117.11 | Unfair labor practice.
...) It is an unfair labor practice for a public employer, its agents, or representatives to: (1) Interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Chapter 4117. of the Revised Code or an employee organization in the selection of its representative for the purposes of collective bargaining or the adjustment of grievances; (2) Initiate, create, dominate, or interfere with t... |
Section 4117.12 | Board to investigate charge of violation.
...complaint. (4) The board may order the public employer to reinstate the public employee and further may order either the public employer or the employee organization, depending on who was responsible for the discrimination suffered by the public employee, to make such payment of back pay to the public employee as the board determines. No order of the board shall require the reinstatement of any individual as a... |
Section 4117.13 | Board or party may petition court of common pleas.
...(A) The state employment relations board or the complaining party may petition the court of common pleas for any county wherein an unfair labor practice occurs, or wherein any person charged with the commission of any unfair labor practice resides or transacts business, for the enforcement of the order and for appropriate temporary relief or restraining order. The board shall certify and file in the court a transcrip... |
Section 4117.14 | Settlement of dispute between exclusive representative and public employer - procedures.
...tween an exclusive representative and a public employer concerning the termination or modification of an existing collective bargaining agreement or negotiation of a successor agreement, or the negotiation of an initial collective bargaining agreement. (B)(1) In those cases where there exists a collective bargaining agreement, any public employer or exclusive representative desiring to terminate, modify, or negoti... |
Section 4117.15 | Strike - injunction.
...l or civilian dispatchers employed by a public employer other than a police, fire, or sheriff's department to dispatch police, fire, sheriff's department, or emergency medical or rescue personnel and units, an exclusive nurse's unit, employees of Ohio deaf and blind education services, employees of any public employee retirement system, correction officers, guards at penal or mental institutions, or special police of... |
Section 4117.16 | Temporary restraining order enjoining strike.
...(A) Whenever the public employer believes that a lawful strike creates clear and present danger to the health or safety of the public, the public employer may petition the court of common pleas having jurisdiction over the parties to issue a temporary restraining order enjoining the strike. If the court finds probable cause to believe that the strike may be a clear and present danger to the public health or safety, i... |
Section 4117.17 | Board proceedings are public records.
...r Chapter 4117. of the Revised Code are public records and available for inspection or copying subject to rules made by the board. All hearings on complaints or petitions pursuant to Chapter 4117. of the Revised Code are open to the public. |
Section 4117.18 | Prohibited acts.
...m performing his lawful duties. (C) No public employee shall engage in any unauthorized strike. |
Section 4117.19 | Employee organization reports.
...ed or recognized as a representative of public employees under this chapter shall file with the state employment relations board a registration report that is signed by its president or other appropriate officer. The report shall be in a form prescribed by the board and accompanied by two copies of the employee organization's constitution and bylaws. The board shall accept a filing by a statewide, national, ... |
Section 4117.20 | Prohibiting conflict of interest in bargaining.
...he employee organization with which the public employer is bargaining or who has an interest in the outcome of the bargaining, which interest is in conflict with the interest of the public employer, shall participate on behalf of the public employer in the collective bargaining process except that the person may, where entitled, vote on the ratification of an agreement. (B) The public employer shall immediately remo... |
Section 4117.21 | Collective bargaining meetings private.
...Collective bargaining meetings between public employers and employee organizations are private, and are not subject to section 121.22 of the Revised Code. |
Section 4117.22 | Chapter liberally construed.
... constructive relationships between all public employers and their employees. |
Section 4117.23 | Unauthorized strikes.
...ed in accordance with this chapter, the public employer may notify the state employment relations board of the strike and request the board to determine whether the strike is authorized under Chapter 4117. of the Revised Code. The board shall make its decision within seventy-two hours of receiving the request from the public employer. (B) If the board determines that the strike is not authorized then the public empl... |
Section 4117.24 | Training and publications fund.
...(A) The training, publications, and grants fund is hereby created in the state treasury. The state employment relations board shall deposit into the training, publications, and grants fund all moneys received from the following sources: (1) Payments received by the state employment relations board for copies of documents, rulebooks, and other publications; (2) Fees received from seminar participants; (3) Rece... |
Section 4127.01 | Public works relief compensation definitions.
...ployee" means any person engaged in any public relief employment, and receiving "work-relief," who is under the supervision and control of any employer mentioned in this section or any agency of such employer. (B) "Work-relief" means public relief given in the form of public funds or goods, on the basis of the budgetary needs of the work-relief employee and his dependents, in exchange for any service or labor render... |
Section 4127.02 | Power of administrator to hear and determine claims - appeals.
...The administrator of workers' compensation may hear and determine all claims for compensation, death benefits, medical, nurse, and hospital services, medicine, and funeral expenses under this chapter. The decisions of the administrator in all claims for compensation, death benefits, medical, nurse, and hospital services, medicine, and funeral expenses are appealable pursuant to sections 4123.511 and 4123.512 of the ... |
Section 4127.03 | Compensation of work-relief employee or dependents of decedent.
...eath, is entitled to receive out of the public work-relief employees' compensation fund, compensation, death benefits, medical, nurse, and hospital services, medicine, and funeral expenses, for loss sustained on account of such injury or death, as is provided for by Chapter 4123. of the Revised Code. Except as provided in section 4127.06 of the Revised Code, no compensation shall be paid from the work-relief employe... |
Section 4127.04 | Basis for computation of compensation.
...The basis upon which compensation or benefits shall be computed, is the amount of work-relief which would have been afforded to the injured person for the calendar week in which the injury or death occurred. In no event shall such compensation exceed the maximum reimbursable relief award established by the state which the claimant would have been entitled to had he not been injured. |
Section 4127.05 | Public work-relief employees' compensation fund.
...nto a separate fund to be known as the "public work-relief employees' compensation fund," and all compensation, death benefits, and expenses for medical, nurse, and hospital services, medicine, and funerals, shall be paid out of the fund. Such premiums shall be collected, the moneys of the fund disbursed and the fund maintained, without regard to or reliance upon any other fund mentioned in Chapter 4123. of the Revi... |
Section 4127.06 | Funds from which compensation shall be paid.
...orary and partial disability out of the public work-relief employees' compensation fund by the bureau of workers' compensation in the same manner and amount as is provided in sections 4127.01 to 4127.14 of the Revised Code for other disabilities. |
Section 4127.07 | Contributions to fund.
...Every employer shall contribute to the public work-relief employees' compensation fund the amount of money determined by the administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors. The contributions may be made in whole or in part out of any relief funds or any other available public funds, regardless of the manner in which the funds were r... |
Section 4127.08 | Adjustment of rate of disbursements.
...The administrator of workers' compensation, under special circumstances and with the advice and consent of the bureau of workers' compensation board of directors, may adjust the rate of disbursements of compensation of benefits, which shall not in any instance exceed the maximum reimbursable relief award established by the state which the claimant would have been entitled to had the claimant not been injured. |
Section 4127.10 | Liability of employers.
...Employers who comply with sections 4127.01 to 4127.14 of the Revised Code, are not liable to respond in damages at common law or by statute for injury or death of any work-relief employee, wherever occurring. Employees of a noncomplying employer shall receive their compensation and benefits as if the premiums had been paid and the employer shall be liable on the same basis as a noncomplying employer under Chapter 41... |
Section 4127.13 | Application of workers' compensation law.
...Chapter 4123. of the Revised Code, except sections 4123.512, 4123.62, and 4123.64 of the Revised Code, apply to this chapter. |
Section 4127.14 | Application to work-relief employees.
...Sections 4127.01 to 4127.14, inclusive, of the Revised Code apply to all work-relief employees who are injured and to the dependents of such as are killed, whether such injury or death occurred prior to May 17, 1935, or subsequent thereto. |
Section 4167.01 | Public employment risk reduction program definitions.
...As used in this chapter: (A) "Public employer" means any of the following: (1) The state and its instrumentalities; (2) Any political subdivisions and their instrumentalities, including any county, county hospital, municipal corporation, city, village, township, park district, school district, state institution of higher learning, public or special district, state agency, authority, commission, or board; (3) Any ... |
Section 4167.02 | Director to enforce program - public employment risk reduction advisory commission.
...pensation shall operate and enforce the public employment risk reduction program created by this chapter. (B) The administrator shall do all of the following: (1) Adopt rules, with the advice and consent of the bureau of workers' compensation board of directors and in accordance with Chapter 119. of the Revised Code, for the administration and enforcement of this chapter. The administrator shall include both of the... |
Section 4167.03 | Construction and interpretation.
...utory rights, duties, or liabilities of public employers or public employees under any law with respect to injuries, diseases, or death of public employees arising out of, or in the course of, employment. (B) Nothing in this chapter shall be construed to enlarge or diminish or affect in any other manner the common law or statutory rights of public employers, contractors, or subcontractors to enter into or enforce in... |
Section 4167.04 | Duty of public employer to provide safe place of employment.
...(A) Each public employer shall: (1) Furnish to each of his public employees employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm to his public employees; (2) Comply with Ohio employment risk reduction standards, rules, and orders adopted or issued pursuant to this chapter. (B) Notwithstanding this section or any other provision in ... |
Section 4167.05 | Compliance with employment risk reduction standards, rules, and orders.
...Each public employee shall: (A) Comply with Ohio employment risk reduction standards, rules, and orders adopted or issued pursuant to this chapter which are applicable to the public employee's actions and conduct; (B) Comply with safety rules the public employer establishes for the purpose of fulfilling compliance with Ohio employment risk reduction standards, rules, or orders adopted or issued pursuant to this cha... |
Section 4167.06 | Right to refuse to work under unsafe conditions.
...(A) A public employee acting in good faith has the right to refuse to work under conditions that the public employee reasonably believes present an imminent danger of death or serious harm to the public employee, provided that such conditions are not such as normally exist for or reasonably might be expected to occur in the occupation of the public employee. A public employer shall not discriminate against a public e... |
Section 4167.07 | Commission to adopt rules for employment risk reduction standards.
...miliarize themselves with the specific requirements of the rule and standard. In no case, however, shall the administrator delay the effective date of a rule adopted pursuant to Chapter 119. of the Revised Code in excess of ninety days beyond the otherwise required effective date. (2) In regard to the rules for which the administrator does not have to comply with Chapter 119. of the Revised Code, the administ... |
Section 4167.08 | Issuance of emergency temporary Ohio employment risk reduction standard.
...standard to take immediate effect upon publication in newspapers of general circulation in Cleveland, Columbus, Cincinnati, and Toledo if the administrator finds both of the following: (1) Public employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards; (2) The emergency temporary Ohio employment risk reduction standard is neces... |
Section 4167.09 | Application for temporary variance or for variance from standard.
...yer files an application that meets the requirements of division (A) of this section and establishes that all of the following pertaining to the public employer are true: (1) The public employer is unable to comply with the Ohio employment risk reduction standard or a provision of it by its effective date because of the unavailability of professional or technical personnel or of materials and equipment needed to c... |
Section 4167.10 | Inspection and investigation of workplaces.
...ublic employer's ability to comply with requirements of the citation, the possible present and future detriment to the health and safety of any public employee for failure of the public employer to comply with requirements of the citation, and such other factors as the administrator determines appropriate. The administrator may, after considering the above factors, permit the public employer to comply with the citati... |
Section 4167.11 | Program of collection, compilation, and analysis of employment risk reduction statistics.
...sation shall develop and maintain, for public employers and public employees, an effective program of collection, compilation, and analysis of employment risk reduction statistics. (B) To implement and maintain division (A) of this section, the administrator, with the advice and consent of the bureau of workers' compensation board of directors, shall adopt rules in accordance with Chapter 119. of the Revised C... |
Section 4167.12 | Confidential trade secrets.
...nistrator concerned with fulfilling the requirements of this chapter, or when relevant, to any proceeding under this chapter. In any proceeding, the administrator or the court shall issue orders as appropriate to protect the confidentiality of trade secrets. |
Section 4167.13 | Prohibiting retaliation by employer.
...(A) No public employer shall discharge or in any manner discriminate against any public employee because the public employee, in good faith, files any complaint or institutes any proceeding under or related to this chapter, or testifies or is about to testify in any proceeding, or because of the exercise by the public employee, on his own behalf or on the behalf of others, of any right afforded under this chapter. (... |
Section 4167.14 | Injunctive relief.
... 119. of the Revised Code, to permit a public employer expeditious informal reconsideration of any order issued by the administrator under this division. Unless the administrator reverses an order pursuant to the informal reconsideration, the order remains in effect pending the court's determination under this section. If the administrator modifies an order pursuant to the informal reconsideration, the admin... |
Section 4167.15 | Request for hearing on order, rule or standard.
...Any public employer, public employee, or public employee representative affected by an order, rule, or Ohio employment risk reduction standard proposed, adopted, or otherwise issued pursuant to this chapter, may request, within fourteen days after the proposal, adoption, or issuance of the order, rule, or standard, a hearing from the administrator of workers' compensation. The administrator, within fourteen days af... |
Section 4167.16 | Appeal to court of common pleas.
...(A) Any party who is adversely affected by a final order of the administrator of workers' compensation issued pursuant to division (G) of section 4167.10 or section 4167.15 of the Revised Code, and who has exhausted all administrative appeals from such order may appeal the order, within thirty days after the issuance of a final order, to the court of common pleas of Franklin county or to the court of common pleas of ... |
Section 4167.17 | Failure to comply with order.
...(A) If a public employer, public employee, or public employee representative willfully fails to comply with any final order of the administrator of workers' compensation issued pursuant to this chapter, the administrator may apply to the court of common pleas of Franklin county or the court of common pleas of the county in which the violation occurred, for an injunction, restraining order, or any other appropriate re... |
Section 4167.25 | Exposure control plans for health care workers definitions.
...ing potential exposure incidents. (E) "Public health care worker" means a person who is employed by a public employer to provide health services that carry with them the potential for exposure incidents, including a person employed by a public hospital or other public health care facility, a person employed by a public employer to provide home health care, and a person employed by a public employer as a firefighter,... |
Section 4167.27 | Adoption of rule and standard for prevention of exposure incidents.
...h regard to their implementation of the requirements established by the rule and standard adopted under this section and the requirements of section 4167.28 of the Revised Code. |
Section 4167.28 | Duties of employer concerning exposure incidents.
...ode, may be granted a variance from the requirements of this section for either of the following reasons: (a) Needleless systems or sharps that are manufactured with engineered sharps injury protection are not available in the marketplace; (b) The employer determines, with respect to a specific medical procedure, that use of needleless systems or sharps that are manufactured with engineered sharps injury protection... |
Section 4901.01 | Definitions.
...to 4901.24 of the Revised Code: (A) "Public utility" has the same meaning as in section 4905.02 of the Revised Code. (B) "Railroad" has the same meaning as in section 4907.02 of the Revised Code. |
Section 4901.02 | Public utilities commission of Ohio.
...(A) There is hereby created the public utilities commission of Ohio, by which name the commission may sue and be sued. The commission shall consist of five public utilities commissioners appointed by the governor with the advice and consent of the senate. The governor shall designate one of such commissioners to be the chairperson of the commission. The chairperson of the commission shall serve as chairperson a... |
Section 4901.021 | Public utilities commission nominating council.
...(A) There is hereby created a public utilities commission nominating council consisting of the following: (1) The chairperson of the consumers' counsel governing board; (2) The president of the accountancy board; (3) The chairperson of the state board of registration for professional engineers and surveyors; (4) The president of the Ohio state bar association; (5) The president of the Ohio municipal league; (6)... |
Section 4901.03 | Official seal.
...The public utilities commission shall have a seal bearing the following inscription: "The Public Utilities Commission of Ohio." The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission directs. All courts shall take judicial notice of said seal. |
Section 4901.04 | Persons eligible to become commissioner.
... whole or in part, to regulation by the public utilities commission, and no person holding stocks or bonds of, or in any manner pecuniarily interested in, any such corporation or utility shall be appointed to the office of public utilities commissioner or be appointed or employed by the commission. If any such person becomes the owner of such stocks or bonds, or becomes pecuniarily interested in such corporation or u... |
Section 4901.05 | Qualifications.
...Each public utilities commissioner shall be a bona fide resident of this state and shall not, during the commissioner's term of office, hold any other office of trust or profit. No commissioner shall engage in any occupation or business inconsistent with the commissioner's duties as commissioner, but shall devote entire time to the duties of that office. As used in this section only, "office of trust or profit... |
Section 4901.06 | Oath - bond.
...ring upon the duties of his office each public utilities commissioner shall take and subscribe to an oath of office, in writing, which shall be filed in the office of the secretary of state, and shall give a bond of five thousand dollars, with a sufficient surety approved by the treasurer of state; after such approval the bond shall be filed with the secretary of state. If such bond is executed by a surety company th... |
Section 4901.07 | Removal of public utilities commissioner.
...ency, neglect of duty, or a failure to abide by sections 4901.04 or 4903.081 of the Revised Code, malfeasance in office, giving to such commissioner a copy of the charges against him and an opportunity to be publicly heard, in person or by counsel, in his own defense, upon not less than ten days' notice. If such commissioner is removed, the governor shall file a complete statement of all charges made against such com... |
Section 4901.08 | Quorum.
...A majority of the public utilities commissioners constitutes a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the public utilities commission. No vacancy in the commission shall impair the right of the remaining commissioners to exercise all powers of the commission. The act of a majority of the commission, when in session as a board, is the act of the... |
Section 4901.09 | Payment of expenses.
...All expenses incurred by the public utilities commission pursuant to Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code, including the actual and necessary traveling and other expenses and disbursements of the commission, its officers and employees, incurred while on the business of the commission, shall be paid from funds appropriated for the use of the commission after being ap... |
Section 4901.10 | Location of office - sessions.
...The office of the public utilities commission shall be at the seat of government in Columbus, in suitable quarters provided by the state, and shall be open throughout the year, Saturdays, Sundays, and legal holidays excepted. The commission shall hold its sessions at least once in each calendar month in Columbus, but also may meet at such other times and places as are necessary for the proper performance of its dutie... |
Section 4901.11 | Equipment and supplies.
...The public utilities commission may procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus, and appliances, including telephone service, and may purchase from the interstate commerce commission blank forms for the use of railroads and other utilities in making their annual reports, necessary for the proper administration of the affairs of the public utilities commission,... |
Section 4901.12 | All proceedings public records.
...he Revised Code, all proceedings of the public utilities commission and all documents and records in its possession are public records. |
Section 4901.13 | Publication of rules governing proceedings.
...The public utilities commission may adopt and publish rules to govern its proceedings and to regulate the mode and manner of all valuations, tests, audits, inspections, investigations, and hearings relating to parties before it. All hearings shall be open to the public. |
Section 4901.14 | Qualifications for practice in determination of transportation matters.
...ho manifests to the satisfaction of the public utilities commission that he possesses the necessary qualifications to enable him to render valuable service before the commission and that he is otherwise competent to advise and assist in the presentation of matters before the commission incident to the transportation of passengers or property and facilities pertaining thereto, shall be permitted to appear before the c... |
Section 4901.15 | Information furnished by commission.
...The public utilities commission shall, whenever called upon by any officer, board, or commission of this state or any political subdivision of this state, furnish any data or information to such officer, board, or commission and shall aid or assist any such officer, board, or commission in performing official duties. All officers, boards, or commissions of this state or any political subdivision of this state s... |
Section 4901.16 | Penalty for divulging information.
...Except in his report to the public utilities commission or when called on to testify in any court or proceeding of the public utilities commission, no employee or agent referred to in section 4905.13 of the Revised Code shall divulge any information acquired by him in respect to the transaction, property, or business of any public utility, while acting or claiming to act as such employee or agent. Whoever violates th... |
Section 4901.17 | Legal adviser and attorney.
...neral shall be the legal adviser of the public utilities commission, but he shall designate, subject to the approval of the governor, one or more of his assistants to perform the services and discharge the duties of attorney to the commission. Such specially designated counsel shall receive a salary which shall be paid in the same manner as that of the members of the commission. |
Section 4901.18 | Examiners.
...The public utilities commission shall appoint one or more examiners for the purpose of making any investigation or holding any inquiry or hearing which the commission is required or permitted to make or hold. Such examiners may administer oaths, take depositions, issue subpoenas, compel the attendance of witnesses and the production of books, accounts, papers, records, documents, and testimony, examine witnesses, re... |
Section 4901.19 | Employees of commission - duties of secretary or other officer.
...The public utilities commission may appoint a secretary, attorney examiners, experts, engineers, accountants, and such other officers as it considers necessary, who shall be in the classified civil service except for persons in attorney examiner or supervisory policy-making positions, who shall serve at the pleasure of the commission. The commission's discretion as to whether or not a position is an attorney examiner... |
Section 4901.21 | Employment of Ohio state university engineers and experts.
...neers, experts, or other assistants the public utilities commission may make use of engineers and experts employed in the Ohio state university in such manner as is provided by mutual arrangement between the commission and the trustees and faculty of such university. Any information, data, and equipment of such university shall be placed at the disposal of the commission. |
Section 4901.22 | Power of commissioners to administer oaths.
...Each of the public utilities commissioners, for the purposes mentioned in Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4927. of the Revised Code, may administer oaths, certify to official acts, issue subpoenas, and compel the attendance of witnesses and the production of papers, waybills, books, accounts, documents, and testimony. |
Section 4901.23 | Right of commissioners and employees to pass on vehicles of common carrier.
...The public utilities commissioners and the attorney, secretary, other officers, and employees of the public utilities commission may, when in the performance of their official duties, pass free of charge on all railroads, cars, vessels, and other vehicles of every common carrier, subject to control or regulation by the commission, between points within this state, and such persons shall not be denied the right to tra... |
Section 4901.24 | Acceptance of gifts prohibited.
...No public utilities commissioner, attorney to the public utilities commission, secretary to the commission, or person employed or appointed to office by the commission or by its attorney shall accept any gift, gratuity, emolument, or employment from any public utility or railroad or any officer, agent, or employee of a public utility or railroad or solicit, suggest, request, or recommend, directly or indirectly, to a... |
Section 4901.99 | Penalty.
...(A) Whoever violates section 4901.16 of the Revised Code shall be fined not less than fifty nor more than one hundred dollars. |
Section 4903.01 | Definitions.
...to 4903.25 of the Revised Code: (A) "Public utility" has the same meaning as in section 4905.02 of the Revised Code. (B) "Railroad" has the same meaning as in section 4907.02 of the Revised Code. |
Section 4903.02 | Examination of witnesses - production of records.
... in the case of the disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. |
Section 4903.03 | Examination of records.
...The public utilities commission may, through the public utilities commissioners or by inspectors or employees authorized by it, examine all books, contracts, records, documents, and papers of any public utility, and by subpoena duces tecum may compel the production thereof, or of verified copies of the same or any of them. The commission may compel the attendance of such witnesses as it requires to give evidence... |
Section 4903.04 | Witnesses may be compelled to testify.
..., as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. The commission also shall have the powers vested in notaries public to compel witnesses to testify and to produce books and papers. |
Section 4903.05 | Witness fees and mileage.
...Each witness who appears before the public utilities commission by its order shall receive the fees and mileage provided for under section 119.094 of the Revised Code, which shall be audited and paid by the state as other expenses are audited and paid, upon the presentation of proper vouchers sworn to by such witnesses and approved by the chairperson of the commission. No witness subpoenaed at the instance of... |
Section 4903.06 | Depositions.
...In an investigation, the public utilities commission or any party to the investigation may cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed for depositions in civil actions in the court of common pleas. |
Section 4903.07 | Certified copy as evidence.
...aken by a stenographer appointed by the public utilities commission, certified by such stenographer to be a true and correct transcript of such evidence and proceedings, and carefully compared by him with his original notes, shall be received in evidence as if such stenographer was present and testified to the facts as certified. A copy of such transcript shall be furnished on demand, free of cost, to a party to such... |
Section 4903.08 | Incrimination no excuse.
..., and papers, in any hearing before the public utilities commission any public utilities commissioner, or any person appointed by the commission to investigate any matter under its jurisdiction, on the ground or for the reason that the testimony or evidence might tend to incriminate him, or subject him to a penalty or forfeiture. No such person shall be prosecuted or subjected to any penalty or forfeiture on account... |
Section 4903.081 | Discussions of case after assignment of formal docket number.
...ties commission or any commissioner to abide by this section may, at the discretion of the commissioners, lead to that examiner's or commissioner's removal from a particular case or appropriate disciplinary action. |
Section 4903.082 | Right of discovery.
... of discovery. The present rules of the public utilities commission should be reviewed regularly by the commission to aid full and reasonable discovery by all parties. Without limiting the commission's discretion the Rules of Civil Procedure should be used wherever practicable. |
Section 4903.083 | Public hearings on increase in rates.
...ection 4909.18 of the Revised Code the public utilities commission shall hold public hearings in each municipal corporation in the affected service area having a population in excess of one hundred thousand persons, provided that, at least one public hearing shall be held in each affected service area. At least one such hearing shall be held after 5:00 p.m. Notice of such hearing shall be published by the commi... |
Section 4903.09 | Written opinions filed by commission in all contested cases.
...In all contested cases heard by the public utilities commission, a complete record of all of the proceedings shall be made, including a transcript of all testimony and of all exhibits, and the commission shall file, with the records of such cases, findings of fact and written opinions setting forth the reasons prompting the decisions arrived at, based upon said findings of fact. |
Section 4903.10 | Application for rehearing.
...After any order has been made by the public utilities commission, any party who has entered an appearance in person or by counsel in the proceeding may apply for a rehearing in respect to any matters determined in the proceeding. Such application shall be filed within thirty days after the entry of the order upon the journal of the commission. Notwithstanding the preceding paragraph, in any uncontested proceeding o... |
Section 4903.11 | Proceeding deemed commenced.
... vacate, or modify a final order of the public utilities commission is commenced unless the notice of appeal is filed within sixty days after the date of denial of the application for rehearing by operation of law or of the entry upon the journal of the commission of the order denying an application for rehearing or, if a rehearing is had, of the order made after such rehearing. An order denying an application for re... |
Section 4903.12 | Jurisdiction.
...uspend, or delay any order made by the public utilities commission, or enjoin, restrain, or interfere with the commission or any public utilities commissioner in the performance of official duties. A writ of mandamus shall not be issued against the commission or any commissioner by any court other than the supreme court. |
Section 4903.13 | Reversal of final order - notice of appeal.
...A final order made by the public utilities commission shall be reversed, vacated, or modified by the supreme court on appeal, if, upon consideration of the record, such court is of the opinion that such order was unlawful or unreasonable. The proceeding to obtain such reversal, vacation, or modification shall be by notice of appeal, filed with the public utilities commission by any party to the proceeding before it,... |
Section 4903.14 | Certified copy of order as evidence.
...Upon application, the public utilities commission shall furnish certified copies under its seal of any order made by it, which certified copies shall be prima-facie evidence in a court or proceeding of the facts stated therein. |
Section 4903.15 | Orders effective immediately - notice.
...ein or by law, every order made by the public utilities commission shall become effective immediately upon entry thereof upon the journal of the public utilities commission. Every order shall be served by United States mail in the manner prescribed by the commission. No utility or railroad shall be found in violation of any order of the commission until notice of said order has been received by an officer of sa... |
Section 4903.16 | Stay of execution.
...r modify a final order rendered by the public utilities commission does not stay execution of such order unless the supreme court or a judge thereof in vacation, on application and three days' notice to the commission, allows such stay, in which event the appellant shall execute an undertaking, payable to the state in such a sum as the supreme court prescribes, with surety to the satisfaction of the clerk of t... |
Section 4903.17 | Order in case of stay.
... suspends the order or decision of the public utilities commission in any matter affecting rates, joint rates, fares, tolls, rentals, charges, or classifications, may also by order direct the public utility or railroad affected to pay into the hands of a trustee to be appointed by the court, to be held until the final determination of the proceeding, under such conditions as the court prescribes, all sums of m... |
Section 4903.18 | Order to keep excess accounts pending review.
... suspends any order or decision of the public utilities commission lowering any rate, joint rate, fare, toll, rental, charge, or classification, the commission, upon the execution and approval of the suspending bond required by section 4903.16 of the Revised Code, may require the public utility or railroad affected, under penalty of the immediate enforcement of the order or decision of the commission, pending ... |
Section 4903.19 | Disposition of moneys charged in excess.
...appeal from an order or decision of the public utilities commission, all moneys which the public utility or railroad has collected pending the appeal, in excess of those authorized by such final decision, shall be promptly paid to the corporations or persons entitled to them, in such manner and through such methods of distribution as are prescribed by the court. If any such moneys are not claimed by the corporatio... |
Section 4903.20 | Order of disposition of cases.
...ll actions of proceedings to which the public utilities commission, power siting board, or this state is a party, and in which any question arises under those chapters, or under or concerning any order or decision of the commission or the board, to reverse, vacate, or modify an order of the commission or the board, shall be taken up and disposed of by the court out of their order on the docket. |
Section 4903.21 | Transcript.
...ection 4903.13 of the Revised Code, the public utilities commission shall forthwith transmit to the clerk of the supreme court a transcript of the journal entries, the original papers or transcripts thereof, and a certified transcript of all evidence adduced upon the hearing before the commission in the proceeding complained of, which documents shall be filed in said court. |
Section 4903.22 | Rules of practice.
...Except when otherwise provided by law, all processes in actions and proceedings in a court arising under Chapters 4901., 4903., 4905., 4906., 4907., 4909., 4921., 4923., and 4927. of the Revised Code shall be served, and the practice and rules of evidence in such actions and proceedings shall be the same, as in civil actions. A sheriff or other officer empowered to execute civil processes shall execute process ... |
Section 4903.221 | Intervention by party who may be adversely affected by commission proceeding.
...rson who may be adversely affected by a public utilities commission proceeding may intervene in such proceeding, provided: (A) That such other person files a motion to intervene with the commission no later than: (1) Any specific deadline established by order of the commission for purposes of a particular proceeding; or, if no such deadline is established; (2) Five days prior to the scheduled date of hearing. ... |
Section 4903.23 | Fees for copying and certifying documents - status as evidence.
...The public utilities commission or power siting board may charge and collect a fee, which shall not exceed cost, for furnishing any copy of any paper, record, testimony, or writing made, taken, or filed under Chapters 4901., 4903., 4905., 4906., 4907., 4909., 4921., 4923., and 4927. of the Revised Code, except such transcript and other papers as are required to be filed in any court proceedings authorized in th... |
Section 4903.24 | Costs and expenses of investigation.
...If the public utilities commission finds after investigating that any rate, joint rate, fare, charge, toll, rental, schedule, or classification of service is unjust, unreasonable, insufficient, unjustly discriminatory, unjustly preferential, or in violation of law, or that any service is inadequate or cannot be obtained, the public utility found to be at fault shall pay the expenses incurred by the commission upon su... |
Section 4903.25 | Violation.
... employee in an official capacity of a public utility shall knowingly violate section 4903.03 or 4903.24 of the Revised Code, nor shall any officer, agent, or employee in an official capacity or a public utility or railroad knowingly violate section 4903.02 or 4903.08 of the Revised Code, or willfully fail to comply with any lawful order or direction of the public utilities commission made with respect to any p... |
Section 4903.99 | Penalty.
...Whoever violates section 4903.25 of the Revised Code is guilty of a felony of the fifth degree. |
Section 4905.01 | Definitions.
...Revised Code. (C) "Motor vehicle" and "public highway" have the same meanings as in section 4921.01 of the Revised Code. (D) "Ohio coal research and development costs" means all reasonable costs associated with a facility or project undertaken by a public utility for which a recommendation to allow the recovery of costs associated therewith has been made under division (B)(7) of section 1551.33 of the Revised ... |
Section 4905.02 | Public utility defined.
...(A) As used in this chapter, "public utility" includes every corporation, company, copartnership, person, or association, the lessees, trustees, or receivers of the foregoing, defined in section 4905.03 of the Revised Code, including any public utility that operates its utility not for profit, except the following: (1) An electric light company that operates its utility not for profit; (2) A public utility, other t... |
Section 4905.03 | Public utility company definitions.
... are subject to the jurisdiction of the public utilities commission. (E) A natural gas company, when engaged in the business of supplying natural gas for lighting, power, or heating purposes to consumers within this state. Notwithstanding the above, neither the delivery nor sale of Ohio-produced natural gas or Ohio-produced raw natural gas liquids by a producer or gatherer under a public utilities commission-order... |
Section 4905.04 | Power to regulate public utilities and railroads.
...The public utilities commission is hereby vested with the power and jurisdiction to supervise and regulate public utilities and railroads, to require all public utilities to furnish their products and render all services exacted by the commission or by law, and to promulgate and enforce all orders relating to the protection, welfare, and safety of railroad employees and the traveling public, including the appor... |
Section 4905.041 | Exclusive jurisdiction of commission.
...(A) The public utilities commission has exclusive jurisdiction to enforce, in accordance with Chapter 4913. of the Revised Code, section 153.64, divisions (A) and (B) of section 3781.26, sections 3781.27 and 3781.28 to 3781.32, and Chapter 4913. of the Revised Code. (B) The commission's enforcement authority described in division (A) of this section is limited to actions specifically authorized by Chapter 4913. of t... |
Section 4905.042 | Commission jurisdiction over advanced or Internet protocol-enabled services.
...law, including federal regulations, the public utilities commission shall not exercise any jurisdiction over those services that is prohibited by, or is inconsistent with its jurisdiction under, federal law, including federal regulations. |
Section 4905.05 | Scope of jurisdiction.
...supervision, powers, and duties of the public utilities commission extend to every public utility and railroad, the plant or property of which lies wholly within this state and when the property of a public utility or railroad lies partly within and partly without this state to that part of such plant or property which lies within this state; to the persons or companies owning, leasing, or operating such public... |
Section 4905.06 | General supervision.
...he commission, franchises, and charter requirements. The commission has general supervision over all other companies referred to in section 4905.05 of the Revised Code to the extent of its jurisdiction as defined in that section, and may examine such companies and keep informed as to their general condition and capitalization, and as to the manner in which their properties are leased, operated, managed, and co... |
Section 4905.07 | Information and records to be public.
...nd information in the possession of the public utilities commission shall be public, and all reports, records, files, books, accounts, papers, and memorandums of every nature in its possession shall be open to inspection by interested parties or their attorneys. |
Section 4905.09 | Substantial compliance.
...e public utilities commission with the requirements of Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4927. of the Revised Code is sufficient to give effect to all its rules and orders. Those rules and orders shall not be declared inoperative, illegal, or void for an omission of a technical nature. And, those chapters do not affect, modify, or repeal any law fixing the rate that a company operat... |
Section 4905.10 | Assessment for expenses.
...se of maintaining and administering the public utilities commission and exercising its supervision and jurisdiction over the railroads and public utilities of this state, an amount equivalent to the appropriation from the public utilities fund created under division (B) of this section to the public utilities commission for railroad and public utilities regulation in each fiscal year shall be apportioned among and a... |
Section 4905.12 | Forfeiture.
...A railroad company that violates section 4905.10, 4907.13, or 4907.15 of the Revised Code shall forfeit to the state one thousand dollars, and twenty-five dollars for each day the company fails to comply with a requirement of any such section. The forfeiture does not release the company from the assessment provided in section 4905.10 of the Revised Code. |
Section 4905.13 | System of accounts for public utilities.
...The public utilities commission may establish a system of accounts to be kept by public utilities or railroads, including municipally owned or operated public utilities, or may classify said public utilities or railroads and establish a system of accounts for each class, and may prescribe the manner in which such accounts shall be kept. Such system shall, when practicable, conform to the system prescribed by the depa... |
Section 4905.14 | Annual report.
...(A)(1) Every public utility shall file an annual report with the public utilities commission. The report shall be filed at the time and in the form prescribed by the commission, shall be duly verified, and shall cover the yearly period fixed by the commission. The commission shall prescribe the character of the information to be embodied in the annual report, and shall furnish to each public utility a blank for... |
Section 4905.15 | Reports and accounts.
...Each public utility shall furnish to the public utilities commission, in such form and at such times as the commission requires, such accounts, reports, and information as shall show completely and in detail the entire operation of the public utility in furnishing the unit of its product or service to the public. |
Section 4905.16 | Copy of contract may be required by commission.
...When and as required by the public utilities commission, every public utility shall file with it a copy of any contract, agreement, or arrangement, in writing, with any other public utility relating in any way to the construction, maintenance, or use of its plant or property, or to any service, rate, or charge. |
Section 4905.17 | Construction accounts.
...The public utilities commission shall keep informed of all new construction, extensions, and additions to the property of public utilities, and may prescribe the necessary forms, regulations, and instructions to the officers and employees of such public utilities for the keeping of construction accounts. Such construction accounts shall clearly distinguish all operating expenses and new construction. |
Section 4905.18 | Depreciation account.
...Every public utility shall carry a proper and adequate depreciation or deferred maintenance account, whenever the public utilities commission, after investigation, determines that a depreciation account can be reasonably required. The commission shall ascertain, determine, and prescribe what are proper and adequate charges for depreciation of the several classes of property for each public utility. The charge f... |
Section 4905.19 | Depreciation fund.
...ns, or additions to the property of the public utility, or may be invested. If such moneys are invested, the income from the investment shall also be carried in the depreciation fund. Such fund and its proceeds may be used for the purpose of renewing, restoring, replacing, or substituting depreciated property in order to keep the plant in a state of efficiency. Such fund and the proceeds or income from it shall be us... |
Section 4905.20 | Abandonment of facilities.
...ing any railroad in this state, and no public utility as defined in section 4905.02 of the Revised Code furnishing service or facilities within this state, shall abandon or be required to abandon or withdraw any main track or depot of a railroad, or main pipe line, gas line, electric light line, water line, sewer line, steam pipe line, or any portion thereof, pumping station, generating plant, power station, se... |
Section 4905.21 | Application to commission to abandon, withdraw or close.
...part of a main track or depot, and any public utility or political subdivision desiring to abandon or close, or have abandoned, withdrawn, or closed for traffic or service all or any part of any line, pumping station, generating plant, power station, sewage treatment plant, or service station, referred to in section 4905.20 of the Revised Code, shall make application to the public utilities commission in writi... |
Section 4905.22 | Service and facilities required - unreasonable charge prohibited.
...Every public utility shall furnish necessary and adequate service and facilities, and every public utility shall furnish and provide with respect to its business such instrumentalities and facilities, as are adequate and in all respects just and reasonable. All charges made or demanded for any service rendered, or to be rendered, shall be just, reasonable, and not more than the charges allowed by law or by order of t... |
Section 4905.26 | Complaints as to service.
...Upon complaint in writing against any public utility by any person, firm, or corporation, or upon the initiative or complaint of the public utilities commission, that any rate, fare, charge, toll, rental, schedule, classification, or service, or any joint rate, fare, charge, toll, rental, schedule, classification, or service rendered, charged, demanded, exacted, or proposed to be rendered, charged, demanded, or exact... |
Section 4905.261 | Telephone call center for consumer complaints.
...The public utilities commission shall operate a telephone call center for consumer complaints, to receive complaints by any person, firm, or corporation against any public utility. The commission shall expeditiously provide the consumers' counsel with all information concerning residential consumer complaints received by the commission in the operation of the telephone call center and with any materials produced in t... |
Section 4905.27 | Standard units.
...The public utilities commission shall ascertain and prescribe suitable and convenient standard commercial units of the product or service of any public utility when the character of its product or service is such that it can be determined. Such units shall be the lawful units for the purposes of Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code. |
Section 4905.28 | Standards of measurement.
...The public utilities commission may ascertain and fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage, or other conditions pertaining to the supply or quality of the product furnished or adequacy of service rendered by any public utility and may prescribe reasonable regulations for examination, testing, and measurement of such product or service. It may establish reasonabl... |
Section 4905.29 | Examinations and tests.
...The public utilities commission may provide instruments for, and carry on, the examination and testing of all appliances used for the measurement of any product or service of a public utility or for the examination and testing of any devices or appliances of such public utility used for testing for accuracy any appliance used for the measurement of any product or service of such public utility. Any consumer or user m... |
Section 4905.30 | Printed schedules of rates must be filed.
...(A) A public utility shall print and file with the public utilities commission schedules showing all rates, joint rates, rentals, tolls, classifications, and charges for service of every kind furnished by it, and all rules and regulations affecting them. The schedules shall be plainly printed and kept open to public inspection. The commission may prescribe the form of every such schedule, and may prescribe, by ... |
Section 4905.301 | Application to recover public way regulation costs.
...ority to classify a cost that meets the requirements of division (C) of this section as a regulatory asset for the purpose of recovering the cost. The commission, by order, shall authorize such accounting authority as may be reasonably necessary to classify the cost as a regulatory asset. (C) A cost is eligible for recovery as a regulatory asset under this section if the cost is directly incurred by the public util... |
Section 4905.302 | Purchased gas adjustment clause.
... designed to meet the company's service requirements; (b) That the gas or natural gas company's procurement planning is sufficient to reasonably ensure reliable service at optimal prices and consistent with the company's long-term strategic supply plan; (c) That the gas or natural gas company has reviewed existing and potential supply sources ; (3) Unless otherwise ordered by the commission for good cause sho... |
Section 4905.303 | Approving purchases of synthetic natural gas.
...ain approval of such agreement from the public utilities commission, which approval shall be granted if the purchase price is to be based on the total cost of service of the facility developer or developers in producing the synthetic natural gas or other fuels for a reasonable profit to said developer or developers, taking into account the desirability of encouraging energy research and development, the developmental... |
Section 4905.304 | Examining coal research and development costs incurred by gas or natural gas company.
...Once in every six months, the public utilities commission shall examine Ohio coal research and development costs incurred by a gas or natural gas company. The commission shall adopt a rule that: (A) Requires periodic reports, audits, and hearings and establishes investigative procedures for the purposes of this section; (B) Allows recovery on a uniform basis per unit of sale of the Ohio coal research and developmen... |
Section 4905.31 | Reasonable arrangements allowed - variable rate.
.... of the Revised Code do not prohibit a public utility from filing a schedule or establishing or entering into any reasonable arrangement with another public utility or with one or more of its customers, consumers, or employees, and do not prohibit a mercantile customer of an electric distribution utility as those terms are defined in section 4928.01 of the Revised Code or a group of those customers from establishing... |
Section 4905.32 | Schedule rate collected.
...No public utility shall charge, demand, exact, receive, or collect a different rate, rental, toll, or charge for any service rendered, or to be rendered, than that applicable to such service as specified in its schedule filed with the public utilities commission which is in effect at the time. No public utility shall refund or remit directly or indirectly, any rate, rental, toll, or charge so specified, or any part ... |
Section 4905.33 | Rebates, special rates, and free service prohibited.
...(A) No public utility shall directly or indirectly, or by any special rate, rebate, drawback, or other device or method, charge, demand, collect, or receive from any person, firm, or corporation a greater or lesser compensation for any services rendered, or to be rendered, except as provided in Chapters 4901., 4903., 4905., 4907., 4909., 4921., and 4923. of the Revised Code, than it charges, demands, collects, or rec... |
Section 4905.34 | Free service or reduced rates.
...of the Revised Code do not prevent any public utility or railroad from granting any of its property for any public purpose, or granting reduced rates or free service of any kind to the United States, to the state or any political subdivision of the state, for charitable purposes, for fairs or expositions, to a law enforcement officer residing in free housing provided pursuant to section 3735.43 of the Revised ... |
Section 4905.35 | Prohibiting discrimination.
...(A) No public utility shall make or give any undue or unreasonable preference or advantage to any person, firm, corporation, or locality, or subject any person, firm, corporation, or locality to any undue or unreasonable prejudice or disadvantage. (B)(1) A natural gas company that is a public utility shall offer its regulated services or goods to all similarly situated consumers, including persons with which it is a... |
Section 4905.36 | Separate hearings.
... than one rate, charge, or service, the public utilities commission may order separate hearings on such complaint and may consider and determine the matters complained of separately at such times and places as it prescribes. No complaint shall necessarily be dismissed because of the absence of direct damage to the complainant. |
Section 4905.37 | Commission may change rules and regulations of public utilities.
...Whenever the public utilities commission is of the opinion, after hearing had upon complaint or upon its own initiative or complaint, served as provided in section 4905.26 of the Revised Code, that the rules, regulations, measurements, or practices of any public utility with respect to its public service are unjust or unreasonable, or that the equipment or service of such public utility is inadequate, inefficient, im... |
Section 4905.38 | Repairs and improvements may be ordered by commission.
...Whenever the public utilities commission is of the opinion, after hearing had, as provided in section 4905.26 of the Revised Code, or upon its own initiative or complaint, that repairs, improvements, or additions to the plant or equipment of any public utility should reasonably be made, in order to promote the convenience or welfare of the public or of employees, or in order to secure adequate service or facilities, ... |
Section 4905.39 | Power to require additions and extensions.
... must be constructed and operated. Such requirements and orders of the legislative authority shall be subject to review by the public utilities commission, as provided in sections 4909.34 and 4909.39 of the Revised Code. The legislative authority and commission, in determining the practicability of such additions and extensions, shall take into consideration the supply of the product furnished by such public utility... |
Section 4905.40 | Issuance of stocks, bonds, and notes.
...pon the present and prospective revenue requirements of the utility. (G) Sections 4905.40 to 4905.42 of the Revised Code do not apply to stocks, bonds, notes, or other evidence of indebtedness issued for the purpose of financing oil or natural gas drilling, producing, gathering, and associated activities and facilities by a producer which supplies to no more than twenty purchasers only such gas as is produced,... |
Section 4905.401 | Issuing notes or other evidences of indebtedness.
...A public utility which is an electric light company may, when authorized by an order of the public utilities commission and not otherwise, issue notes, or other evidences of indebtedness payable at periods of not more than twelve months. This section shall not apply to: (A) The issue, renewal, or assumption of liability or notes, and other evidences of indebtedness maturing not more than twelve months after the date... |
Section 4905.402 | Acquiring or merging with domestic telephone or electric utility company or holding company.
...n 4905.03 of the Revised Code that is a public utility under section 4905.02 of the Revised Code and provides basic local exchange service, as defined in section 4927.01 of the Revised Code. (B) Except as provided in division (H)(1) of this section: (1) No person shall acquire control, directly or indirectly, of a domestic telephone company or a holding company controlling a domestic telephone company or of a domes... |
Section 4905.403 | Filing control bid for a natural gas company.
...ral gas company in this state that is a public utility under section 4905.02 of the Revised Code or any equity security of a holding company controlling such a company, if, after that purchase, the offeror would be directly or indirectly the beneficial owner of more than ten per cent of any class of the issued and outstanding equity securities of the subject natural gas company or subject holding company. "Control bi... |
Section 4905.41 | Proceedings to obtain authority.
...ngs for obtaining the authority of the public utilities commission for the issue of stocks, bonds, notes and other evidences of indebtedness, as provided in section 4905.40 of the Revised Code, shall be as follows: (A) In case the stocks, bonds, notes, or other evidence of indebtedness are to be issued for money only, the public utility or railroad shall file with the commission a statement, signed and verifi... |
Section 4905.42 | Hearings on issuance of stocks, bonds, and notes.
...ection 4905.40 of the Revised Code, the public utilities commission shall hold such hearings, make such inquiries or investigations, and examine such witnesses, books, papers, documents, and contracts as it deems proper. An order issued under this section shall fix the amount, character, and terms of any issue of stocks, bonds, notes, or other evidence of indebtedness, and the purposes to which the issue or a... |
Section 4905.43 | Public utility in possession of receiver exempted.
...Where a public utility or railroad was, on June 30, 1911, in the possession of one or more receivers or its property was under foreclosure, and a reorganization of such public utility or railroad was pending, any new company organized after such date to acquire such property or any part of it, is exempt from Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code with respect to the i... |