reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.07 | Supreme Court to Appoint Clerk and Deputy Clerks - Bond.

Effective:
January 1, 1975
Latest Legislation:
House Bill 800 - 110th General Assembly
(A) The supreme court shall appoint the clerk and deputy clerks of the court of claims who shall be licensed to practice law in the state, to serve at its pleasure. The appointment or removal of the clerk shall be in writing, and entered on the supreme court journal.
(B) The supreme court may require the clerk to give a bond in the amount and with the sureties as it directs, conditioned on the faithful discharge of his duties.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.08 | Supplies, Equipment - Compensation of Personnel.

Effective:
January 1, 1975
Latest Legislation:
House Bill 800 - 110th General Assembly
The supreme court shall:
(A) Furnish the clerk of the court of claims with the necessary printing, books, blanks, stationery, and equipment;
(B) Fix the compensation to be paid the clerk and deputy clerks, court reporters, secretaries, and clerical personnel employed by the court of of claims.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.091 | Actions Under Rc 5903.02 to Be Given Priority.

Effective:
August 22, 2008
Latest Legislation:
Senate Bill 289 - 127th General Assembly
If a person brings an action in the court of claims pursuant to section 5903.02 of the Revised Code or section 4323 of the "Uniformed Services Employment and Reemployment Rights Act of 1994," 108 Stat. 3149, 38 U.S.C. 4301, et seq., the clerk of the court of claims shall give the action priority on the court of claims' dockets.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.10 | Civil Actions Determined Administratively by Clerk.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) Civil actions against the state for ten thousand dollars or less shall be determined administratively by the clerk of the court of claims, except that the clerk is not required to administratively determine a civil action of that nature if the civil action was commenced by a person who has been found to be a vexatious litigator under section 2323.52 of the Revised Code and who has failed to obtain leave to proceed under that section and if the clerk refused pursuant to division (D) of section 2743.09 of the Revised Code to accept for filing any pleading or paper that relates to the civil action and that was submitted for filing by that person and except that all civil actions against the state that have been removed to the court of claims shall be heard and determined by a judge of the court of claims.
(B) Civil actions covered by division (A) of this section shall be commenced by filing with the clerk on complaint forms prescribed by the supreme court. The clerk shall forward copies of the form complaint to the attorney general and the state department, board, office, commission, agency, institution, or other instrumentality whose actions or failure to act are the subject of complaint. The latter shall investigate the allegations made in the form complaint and report the results of its investigation to the clerk within sixty days of receipt of a copy of the form complaint. The clerk shall forward a copy of the report to the claimant and give the claimant an opportunity to respond to the report either in writing or by appearing before the clerk.
(C) The clerk shall determine the civil action covered by division (A) of this section and make a report of the decision, together with findings of fact and conclusions of law, copies of which shall be mailed to the claimant and the state instrumentality. Except as otherwise provided in this division, the determination shall be based upon principles of law applicable in the court of claims, including, but not limited to, section 3345.40 of the Revised Code if a state university or college is a defendant in the court of claims.
Rules of evidence shall not be applicable in the determination. Procedures shall be governed by rules promulgated by the clerk, shall be informal, and shall be designed to accommodate persons who are not skilled in the law.
(D) Upon the motion of a party, the court of claims shall review the determination of the clerk upon the clerk's report and papers filed in the action and shall enter judgment consistent with its findings. The judgment shall not be the subject of further appeal. No civil action arising out of the same transaction or set of facts may be commenced by the claimant in the court of claims.
(E) The determination of the clerk pursuant to division (C) of this section shall be processed pursuant to section 2743.19 of the Revised Code as if it were a judgment.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.11 | Trial by Jury.

Effective:
February 7, 1978
Latest Legislation:
House Bill 149 - 112th General Assembly
No claimant in the court of claims shall be entitled to have his civil action against the state determined by a trial by jury. Parties retain their right to trial by jury in the court of claims of any civil actions not against the state.
Jury trials shall be conducted at the court of claims, the court of common pleas of Franklin county, or the court of common pleas of the county in which a removed case is tried. Juries shall be drawn from the common pleas list of qualified jurors, and empaneled in the same manner as in cases that originate in the court of common pleas. The state shall pay all expenses incidental to a jury trial, except that juror costs shall be taxed to the losing party.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.12 | Judgments Rendered in Writing.

Effective:
July 1, 1987
Latest Legislation:
House Bill 231 - 117th General Assembly
The court of claims shall render its judgments against the state in writing and shall include separate findings of fact and conclusions of law. An opinion, memorandum, or decision stating the judgment and containing separate findings of fact and conclusions of law shall be sufficient to satisfy the requirements of this section. Judgments shall be entered on the journal and the clerk shall certify on the judgment the date of journalization and shall send copies of the judgment to the claimant and the attorney general.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.121 | Court of Claims Commissioners to Render Award of Reparation Decisions in Writing.

Effective:
July 10, 2014
Latest Legislation:
House Bill 261 - 130th General Assembly
The court of claims shall render its decisions as to appeals from decisions of the attorney general pursuant to sections 2743.51 to 2743.72 of the Revised Code in writing and shall include a separate finding for each issue contested upon appeal. Orders as to appeals shall be entered on the journal, and the clerk shall certify on the order the date of journalization and shall send copies of the order and decision to the claimant, the attorney general, and the prosecuting attorney of the county in which the criminally injurious conduct occurred.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.13 | Filing Complaint or Other Pleading - Summons.

Effective:
February 7, 1978
Latest Legislation:
House Bill 149 - 112th General Assembly
(A) The complaint or other pleading asserted in the court of claims against the state shall name as defendant each state department, board, office, commission, agency, institution, or other instrumentality whose actions are alleged as the basis of complaint.
(B) Upon the filing of the complaint or other pleading requiring service of summons, the clerk of the court of claims shall issue summons to each defendant and the attorney general. Summonses shall be in the form prescribed by and issued pursuant to the Civil Rules. The claimant shall file the original of the complaint or other pleading with the clerk and shall provide the clerk with sufficient copies to serve one copy upon each named defendant and the attorney general.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.14 | Representation of State.

Effective:
January 1, 1975
Latest Legislation:
House Bill 800 - 110th General Assembly
The attorney general or one of his assistants, or special counsel appointed by the attorney general, shall represent the state in all actions against the state permitted by this chapter.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.15 | Settle or Compromise Civil Action Against State.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) The director or other administrative chief, or the governing body, of any department, board, office, commission, agency, institution, or other instrumentality of the state:
(1) With the approval of the attorney general and the court of claims, may settle or compromise any civil action against the state insofar as the department, board, office, commission, agency, institution, or other instrumentality is named as a defendant;
(2) Shall notify the office of risk management in the department of administrative services of any settlement or compromise to allow for the proper reservation of funds.
(B) The acceptance by the claimant of any such compromise or settlement shall be final and conclusive on the claimant and is a complete release of the civil action against the state insofar as the particular department, board, office, commission, agency, institution, or other instrumentality is named, or could be named, as a defendant. A compromise or settlement that requires the payment of money by the state may be implemented and enforced, insofar as the payment of money is concerned, only through the procedure specified in section 2743.19 of the Revised Code, which shall be commenced by the attorney general forwarding a clerk's certified copy of the settlement instrument to the director of budget and management. A copy of the settlement instrument of actions involving the office of risk management in the department of administrative services shall be forwarded to the office of risk management for payment via the risk management reserve fund created in section 9.823 of the Revised Code.
No interest of any kind, including any kind set forth in sections 2743.18 and 2743.19 of the Revised Code, is allowed on any compromise or settlement of any civil action against the state under this section.
The authority of the department of administrative services to compromise claims does not extend to other statutory and agency programs with direct settlement authority, including activities by the department of transportation, inmate property actions described in division (H) of section 2743.02 of the Revised Code, and wrongful imprisonment actions provided for in section 2743.48 of the Revised Code.
Last updated August 9, 2021 at 11:25 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.17 | Prior Decision by Sundry Claims Board.

Effective:
January 1, 1975
Latest Legislation:
House Bill 800 - 110th General Assembly
No person may commence an action in the court of claims if the transactions, facts, and circumstances giving rise to the action were the subject of a claim of that person decided by the sundry claims board.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.18 | Prejudgment Interest - Interest on Judgment or Determination.

Effective:
July 6, 2001
Latest Legislation:
Senate Bill 108 - 124th General Assembly
(A)(1) Prejudgment interest shall be allowed with respect to a civil action on which a judgment or determination is rendered against the state for the same period of time and at the same rate as allowed between private parties to a suit.
(2) The court of claims, in its discretion, may deny prejudgment interest for any period of undue delay between the commencement of the civil action and the entry of a judgment or determination against the state, for which it finds the claimant to have been responsible.
(B)(1) Except as otherwise provided in division (B)(2) of this section, interest shall be allowed on a judgment or determination rendered against the state in a civil action pursuant to this chapter at the same rate that is applicable to judgments rendered against private parties to a suit as specified in section 1343.03 of the Revised Code and for each day between the date of entry of the judgment or the determination pursuant to division (C) of section 2743.10 of the Revised Code and the date of payment of the judgment or determination pursuant to division (C)(3) or (6) of section 2743.19 of the Revised Code, or for sixty days from the date of entry of the judgment or the determination, whichever is less.
(2) If the court of claims renders a judgment pursuant to this chapter against the state in a civil action or the clerk of the court of claims enters an administrative determination under section 2743.10 of the Revised Code against the state in a civil action, the civil action is not based on tortious conduct, and the claimant in the court of claims prevails in any appeal of the judgment or determination, postjudgment interest shall be paid with respect to the judgment or determination rendered against the state at the same rate that is applicable to judgments rendered against private parties to a suit as set forth in section 1343.03 of the Revised Code and for each day between the date of entry of the judgment or determination and the date of payment of the judgment or determination pursuant to division (C)(3) or (6) of section 2743.19 of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.20 | Appeals.

Effective:
July 10, 2014
Latest Legislation:
House Bill 261 - 130th General Assembly
Appeals from orders and judgments of the court of claims lie to the same courts under the same circumstances, as appeals from the court of common pleas of Franklin county, and the same rules of law govern their determination. The decision of the court of claims with respect to an appeal from a decision of the the attorney general pursuant to sections 2743.51 to 2743.72 of the Revised Code is final, and no appeal from the decision of the court of claims lies to any other court.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.31 | Assumption of Liability in Shared Equipment Service Agreements.

Effective:
September 14, 2016
Latest Legislation:
House Bill 5 - 131st General Assembly
(A) As used in this section:
"Governmental function," "political subdivision," and "proprietary function" have the same meanings as in section 2744.01 of the Revised Code.
"State agency" has the same meaning as in section 117.01 of the Revised Code.
(B) If a shared equipment service agreement is entered into by a contracting lender state agency or political subdivision to lend its capital equipment to a contracting recipient state agency for the temporary use by the recipient state agency in the performance of a governmental or proprietary function, the agreement may provide that the recipient state agency and its officers and employees, as the case may be, assume any potential liability under this chapter in a civil action for damages for injury, death, or loss to person or property allegedly caused by an act or omission of the recipient state agency or its officers or employees resulting from the use of the equipment in the performance of the recipient state agency's governmental or proprietary functions. This assumption of liability applies insofar as the recipient state agency under the agreement or any of its officers or employees is engaged in the use of the equipment covered by the agreement in the performance of a governmental or proprietary function.
Last updated February 9, 2024 at 3:57 PM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.43 | Expert Testimony on Liability Issues in Medical Claim.

Effective:
September 13, 2004
Latest Legislation:
House Bill 215 - 125th General Assembly
(A) No person shall be deemed competent to give expert testimony on the liability issues in a medical claim, as defined in section 2305.113 of the Revised Code, unless:
(1) Such person is licensed to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery by the state medical board or by the licensing authority of any state;
(2) Such person devotes three-fourths of the person's professional time to the active clinical practice of medicine or surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, or to its instruction in an accredited university;
(3) The person practices in the same or a substantially similar specialty as the defendant. The court shall not permit an expert in one medical specialty to testify against a health care provider in another medical specialty unless the expert shows both that the standards of care and practice in the two specialties are similar and that the expert has substantial familiarity between the specialties.
(4) If the person is certified in a specialty, the person must be certified by a board recognized by the American board of medical specialties or the American board of osteopathic specialties in a specialty having acknowledged expertise and training directly related to the particular health care matter at issue.
(B) Nothing in division (A) of this section shall be construed to limit the power of the trial court to adjudge the testimony of any expert witness incompetent on any other ground.
(C) Nothing in division (A) of this section shall be construed to limit the power of the trial court to allow the testimony of any other witness, on a matter unrelated to the liability issues in the medical claim, when that testimony is relevant to the medical claim involved.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.49 | Adjusting Amount Recoverable for Wrongful Imprisonment.

Effective:
September 23, 2008
Latest Legislation:
House Bill 562 - 127th General Assembly
(A)(1) In January of each odd-numbered year, the auditor of state, in accordance with this division and division (A)(2) of this section, shall adjust the actual dollar figure specified in division (E)(2)(b) of section 2743.48 of the Revised Code or the actual dollar amount determined pursuant to this section. The adjustment shall be based on the yearly average of the previous two years of the consumer price index for all urban consumers or its successive equivalent, as determined by the United States department of labor, bureau of labor statistics, or its successor in responsibility, for all items, Series A.
Using the yearly average for the immediately preceding even-numbered year as the base year, the auditor of state shall compare the most current average consumer price index with that determined in the preceding odd-numbered year and shall determine the percentage increase or decrease. The auditor of state shall multiply the percentage increase or decrease by the actual dollar figure specified in division (E)(2)(b) of section 2743.48 of the Revised Code or the actual dollar figure determined under this section for the previous odd-numbered year and shall add the product to or subtract the product from its corresponding actual dollar figure, as applicable, for the previous odd-numbered year.
(2) The auditor of state shall calculate the adjustment under division (A)(1) of this section on or before the thirty-first day of January of each odd-numbered year. The auditor of state shall base the adjustment on the most current consumer price index that is described in division (A)(1) of this section and that is in effect as of the first day of January of each odd-numbered year.
(B)(1) The auditor of state shall certify the calculations made under division (A) of this section on or before the thirty-first day of January of each odd-numbered year.
(2) On or before the fifteenth day of February of each odd-numbered year, the auditor of state shall prepare a report setting forth the amount that a wrongfully imprisoned individual is entitled to for each full year of imprisonment in the state correctional institution for the offense of which the wrongfully imprisoned individual was found guilty as provided in division (E)(2)(b) of section 2743.48 of the Revised Code and as calculated in accordance with this section. The report and all documents relating to the calculations contained in the report are public records. The report shall contain an indication of the period in which the calculated amount applies, a summary of how the amount was calculated, and a statement that the report and all related documents are available for inspection and copying at the office of the auditor of state.
(3) On or before the fifteenth day of February of each odd-numbered year, the auditor of state shall transmit the report to the general assembly and to the court of claims.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.52 | Awards of Reparations for Economic Loss Arising From Criminally Injurious Conduct.

Effective:
July 10, 2014
Latest Legislation:
House Bill 261 - 130th General Assembly
(A) The attorney general shall make awards of reparations for economic loss arising from criminally injurious conduct, if satisfied by a preponderance of the evidence that the requirements for an award of reparations have been met.
(B) The court of claims has appellate jurisdiction to order awards of reparations for economic loss arising from criminally injurious conduct, if satisfied by a preponderance of the evidence that the requirements for an award of reparations have been met.
(C) A decision of the attorney general or judgment of the court of claims concerning an OVI violation shall not be used as the basis for any civil or criminal action and shall not be admissible as evidence in any civil or criminal proceeding.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.521 | Auditing Fee Bill Payments and Adjust Fee Bill Reimbursements.

Effective:
July 1, 2000
Latest Legislation:
Senate Bill 153 - 123rd General Assembly
(A) For claims for medical, psychological, dental, chiropractic, hospital, physical therapy, and nursing services, the attorney general may audit fee bill payments and adjust fee bill reimbursements in accordance with appropriate cost containment and reimbursement guidelines adopted by the administrator of workers compensation.
(B) A medical provider that accepts payment for medical care-related allowable expenses as part of an award of reparations shall not seek reimbursement for any part of those allowable expenses from the victim or the claimant who was granted the award. This division does not prohibit the medical provider from seeking reimbursement from a collateral source.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.53 | Appeals.

Effective:
July 10, 2014
Latest Legislation:
House Bill 261 - 130th General Assembly
The court of claims shall hear and determine all matters relating to appeals from decisions of the attorney general pursuant to sections 2743.51 to 2743.72 of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.531 | Court of Claims Victims of Crime Fund.

Effective:
July 10, 2014
Latest Legislation:
House Bill 261 - 130th General Assembly
The court of claims victims of crime fund is hereby created in the state treasury. The fund shall be used to pay the compensation of the judges of the court of claims, the compensation of any court of claims personnel needed to administer sections 2743.51 to 2743.72 of the Revised Code, and other administrative expenses of hearing and determining claims under sections 2743.51 to 2743.72 of the Revised Code.
At the beginning of each fiscal year, the director of budget and management shall transfer cash from the reparations fund to the court of claims victims of crime fund in an amount sufficient to make the cash balance in the court of claims victims of crime fund equal to the sum of the appropriation for that fiscal year and all prior fiscal year encumbrances. If the appropriation from the court of claims victims of crime fund is increased during the fiscal year, the director shall transfer cash from the reparations fund to the court of claims victims of crime fund in an amount equal to the increase in the appropriation.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.55 | Determination of Claims for an Award of Reparations.

Effective:
July 10, 2014
Latest Legislation:
House Bill 261 - 130th General Assembly
The attorney general or the court of claims shall determine all matters relating to claims for an award of reparations. The attorney general or the court of claims may order law enforcement officers to provide copies of any information or data gathered in the investigation of the criminally injurious conduct that is the basis of any claim to enable the attorney general or the court of claims to determine whether, and the extent to which, a claimant qualifies for an award of reparations.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.56 | Application for Award of Reparations.

Effective:
March 2, 2022
Latest Legislation:
Senate Bill 36 - 134th General Assembly
(A) A claim for an award of reparations shall be commenced by filing an application for an award of reparations with the attorney general. The application may be filed by mail. If the application is filed by mail, the post-marked date of the application shall be considered the filing date of the application. The application shall be in a form prescribed by the attorney general and shall include a release authorizing the attorney general and the court of claims to obtain any report, document, or information that relates to the determination of the claim for an award of reparations that is requested in the application.
(B) All applications for an award of reparations may be filed at any time within three years after the occurrence of the criminally injurious conduct, except as provided in divisions (A)(2)(b) to (d) of section 2743.60 of the Revised Code.
Last updated December 7, 2021 at 11:39 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.58 | Immunity From Civil Liability.

Effective:
July 1, 2000
Latest Legislation:
Senate Bill 153 - 123rd General Assembly
The prosecuting attorney and any officer or employee of the office of the prosecuting attorney or of the law enforcement agency shall be immune from any civil liability that might otherwise be incurred as the result of providing information on criminally injurious conduct and related matters to the attorney general.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.601 | Applicability of Certain Provisions Pertaining to Reparations.

Effective:
July 10, 2014
Latest Legislation:
House Bill 261 - 130th General Assembly
Except as otherwise provided in this section, the amendments to sections 2743.51, 2743.56, 2743.59, and 2743.60 of the Revised Code made by the act in which this section was enacted apply to all applications for an award of reparations filed on or after September 30, 2011, and to all applications for an award of reparations filed before September 30, 2011, for which an award or denial of the claim by the attorney general or the court of claims has not yet become final. The amendments to section 2743.60 of the Revised Code made by the act in which this section was enacted, to the extent that they eliminate the statute of limitations and to the extent that they remove the seventy-two hour reporting requirement, and the amendments to section 2743.51 of the Revised Code concerning guardian bonds shall apply to all claims for an award of reparations pending on September 30, 2011, and to all claims for an award of reparations filed on or after September 30, 2011, that are based on criminally injurious conduct not previously addressed by the attorney general or the court of claims.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.63 | Contempt Finding.

Effective:
July 10, 2014
Latest Legislation:
House Bill 261 - 130th General Assembly
If a person refuses to comply with an order under sections 2743.51 to 2743.72 of the Revised Code, or asserts a privilege, except privileges arising from the attorney-client relationship, to withhold or suppress evidence relevant to a claim for an award of reparations, the attorney general may make any just decision including denial of the claim but shall not find the person in contempt. If necessary to carry out any of the attorney general's powers and duties, the attorney general may petition the court of claims for an appropriate order, including but not limited to a finding of contempt, but the court shall not find a person in contempt for refusal to submit to a mental or physical examination.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.64 | Effect of Criminal Conviction or Prosecution.

Effective:
July 10, 2014
Latest Legislation:
House Bill 261 - 130th General Assembly
The attorney general or the court of claims may make an award of reparations whether or not any person is prosecuted or convicted for committing the conduct that is the basis of the award. Proof of conviction of a person whose conduct gave rise to a claim is conclusive evidence that the crime was committed, unless an application for rehearing, an appeal of the conviction, or certiorari is pending, or a rehearing or new trial has been ordered.
If the prosecuting attorney of the county in which the criminally injurious conduct allegedly occurred requests the suspension of proceedings in any claim for an award of reparations and if the request is made because of the commencement of a criminal prosecution, the attorney general may suspend, because a criminal prosecution has been commenced or is imminent, the proceedings in any claim for an award of reparations for a definite period of time, and may make an emergency award under section 2743.67 of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.67 | Making Emergency Awards.

Effective:
July 10, 2014
Latest Legislation:
House Bill 261 - 130th General Assembly
The attorney general may make an emergency award if, before acting on an application for an award of reparations under this section, it appears likely that a final award will be made, and the claimant or victim will suffer undue hardship if immediate economic relief is not obtained. An emergency award shall not exceed two thousand dollars. The attorney general or the court of claims shall deduct an amount of the emergency award from the final award, or the claimant or victim shall repay the amount of the emergency award that exceeds the final award made to the claimant. If no final award is made, the claimant or victim shall repay the entire emergency award.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.671 | Emergency Award for Funeral Expenses.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section, notwithstanding the definition of the term set forth in section 2743.51 of the Revised Code, "funeral expenses" means the payment of cremation or burial services of the decedent.
(B) Before acting on an application for an award of reparations that has been filed pursuant to section 2743.56 of the Revised Code, the attorney general may make an emergency award for funeral expenses if at the time the application for emergency funeral expenses is made the claimant is the party responsible for the victim's funeral expenses and the information that is then available to the attorney general supports a finding of reasonable belief that all of the following criteria are met:
(1) That the requirements for a final award under division (C) of section 2743.59 of the Revised Code may be satisfied;
(2) The decedent and the claimant are indigent.
(3) The claimant will suffer undue hardship if immediate economic relief is not obtained.
(C) An emergency award for funeral expenses under this section may only be made before cremation or burial of the decedent. Payment for funeral expenses under this section shall be the full award for such expenses arising from the death of the victim. No additional payment for funeral expenses shall be made to the funeral home, to the claimant applicant, or to any other claimant. A determination under this section does not preclude the attorney general from determining eligibility and awarding reparations for any expenses other than those related to the funeral.
(D) If, after a payment of emergency funeral expenses is awarded under this section, a final determination is made that no compensation on the application for an award of reparations will be made, the claimant or victim may be required to repay the entire emergency award.
Last updated August 28, 2023 at 12:28 PM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.68 | Application for Supplemental Reparations.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 227 - 131st General Assembly
A claimant may file a supplemental reparations application in a claim if the attorney general or the court of claims, within s ix years prior to the filing of the supplemental application, has made any of the following determinations:
(A) That an award, supplemental award, or installment award be granted;
(B) That an award, supplemental award, or installment award be conditioned or denied because of actual or potential recovery from a collateral source;
(C) That an award, supplemental award, or installment award be denied because the claimant had not incurred any economic loss at that time.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.69 | Annual Report.

Effective:
July 10, 2014
Latest Legislation:
House Bill 261 - 130th General Assembly
(A) The attorney general shall prepare and transmit annually to the governor, the president of the senate, the speaker of the house of representatives, and the minority leaders of both houses a report of the activities of the Ohio crime victims compensation program under sections 2743.51 to 2743.72 of the Revised Code. The report shall include all of the following:
(1) The number of claims filed, the number of awards made and the amount of each award, and a statistical summary of awards made and denied, including the average size of awards;
(2) The balance in the reparations fund, with a listing by source and amount of the moneys that have been deposited in the fund;
(3) The amount that has been withdrawn from the fund, including separate listings of the administrative costs incurred by the attorney general and the court of claims, the amount awarded as attorney's fees, and the amount of payments made pursuant to divisions (A)(1)(k) and (l) of section 2743.191 of the Revised Code.
(B) The director of budget and management shall assist the attorney general in the preparation of the report required by this section.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.71 | Information Explaining Awards of Reparations Provided to Victims.

Effective:
July 7, 2023
Latest Legislation:
Senate Bill 16 - 135th General Assembly
(A) Any law enforcement agency that investigates, and any prosecuting attorney, city director of law, village solicitor, or similar prosecuting authority who prosecutes, an offense committed in this state shall, upon first contact with the victim, as defined in division (L)(1) of section 2743.51 of the Revised Code, or the victim's family or dependents, give the victim or the victim's family or dependents a copy of an information card or other printed material provided by the attorney general pursuant to division (B) of this section and explain, upon request, the information on the card or material to the victim or the victim's family or dependents.
(B) The attorney general shall have printed, and shall provide to law enforcement agencies, prosecuting attorneys, city directors of law, village solicitors, and similar prosecuting authorities, cards or other materials that contain information explaining awards of reparations. The information on the cards or other materials shall include, but shall not be limited to, the following statements:
(1) Awards of reparations are limited to losses that are caused by physical injury resulting from criminally injurious conduct;
(2) Reparations applications may be filed at any time within three years after the occurrence of the criminally injurious conduct, except as provided in divisions (A)(2)(b) to (d) of section 2743.60 of the Revised Code;
(3) An attorney who represents an applicant for an award of reparations cannot charge the applicant for the services rendered in relation to that representation but is required to apply to the attorney general for payment for the representation;
(4) Applications for awards of reparations may be obtained from the attorney general, law enforcement agencies, and victim assistance agencies and are to be filed with the attorney general.
(C) The attorney general may order that a reasonable amount of money be paid out of the reparations fund, subject to the limitation imposed by division (D) of this section, for use by the attorney general to publicize the availability of awards of reparations.
(D) During any fiscal year, the total expenditure for the printing and providing of information cards or other materials pursuant to division (B) of this section and for the publicizing of the availability of awards of reparations pursuant to division (C) of this section shall not exceed two per cent of the total of all court costs deposited, in accordance with section 2743.70 of the Revised Code, in the reparations fund during the immediately preceding fiscal year.
(E) The information cards or other materials provided pursuant to division (B) of this section may be provided with the compilation prepared pursuant to division (A) of section 109.42 of the Revised Code.
Last updated September 7, 2023 at 12:42 PM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.711 | Attorney General Is Legal Representative of Reparations Fund.

Effective:
July 1, 2000
Latest Legislation:
Senate Bill 153 - 123rd General Assembly
The attorney general is the legal representative of the reparations fund established by section 2743.191 of the Revised Code. The attorney general may institute, prosecute, and settle actions or proceedings for the enforcement of the reparations fund's right of repayment, reimbursement, recovery, and subrogation. The attorney general shall defend all suits, actions, or proceedings brought against the fund.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.712 | Investigation by Attorney General Prior to Reparations Fund Enforcement Action.

Effective:
May 6, 2005
Latest Legislation:
House Bill 16 - 126th General Assembly
(A) The attorney general, before taking any action regarding enforcement of the reparations fund's right of repayment, reimbursement, recovery, and subrogation pursuant to section 2743.72 of the Revised Code, or before taking any other action pursuant to that section, may investigate the need for that action.
(B)(1) For the purpose of determining whether action is necessary under section 2743.72 of the Revised Code, the attorney general may issue subpoenas and subpoenas duces tecum to compel any person or entity to provide any information regarding overpayments from the reparations fund or that the attorney general determines would impact whether action should be taken under section 2743.72 of the Revised Code.
(2) If the attorney general issues a subpoena or subpoena duces tecum under this section and if the materials required to be produced are located outside this state, the attorney general may designate one or more representatives, including officials of the state in which the materials are located, to inspect the materials on the attorney general's behalf, and the attorney general may respond to similar requests from officials of other states. The person or entity may make the materials available to the attorney general at a convenient location within the state.
(3) At any time before the return day specified in the subpoena or subpoena duces tecum issued under this section or within twenty days after the subpoena or subpoena duces tecum has been served, whichever period is shorter, the person or entity subpoenaed may file with the court of common pleas of Franklin county a petition to extend the return day or to modify or quash the subpoena or subpoena duces tecum. The petition shall state good cause.
(4) A person or entity who is subpoenaed under this section shall comply with the terms of the subpoena or subpoena duces tecum unless otherwise provided by an order of the court of common pleas of Franklin county entered prior to the day for return contained in the subpoena or as extended by the court. In the event a person or entity fails to comply with a subpoena or subpoena duces tecum issued under this section, that failure shall be contempt of court under division (C) of section 2705.02 of the Revised Code. The attorney general may file a charge of contempt of court under section 2705.03 of the Revised Code in the court of common pleas of Franklin county for that failure and may obtain an order adjudging the person or entity in contempt of court under section 2705.05 of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2744 | Political Subdivision Tort Liability › Section 2744.04 | Statute of Limitations - Demand for Judgment for Damages.

Effective:
April 9, 2003
Latest Legislation:
Senate Bill 106 - 124th General Assembly
(A) An action against a political subdivision to recover damages for injury, death, or loss to person or property allegedly caused by any act or omission in connection with a governmental or proprietary function, whether brought as an original action, cross-claim, counterclaim, third-party claim, or claim for subrogation, shall be brought within two years after the cause of action accrues, or within any applicable shorter period of time for bringing the action provided by the Revised Code. The period of limitation contained in this division shall be tolled pursuant to section 2305.16 of the Revised Code. This division applies to actions brought against political subdivisions by all persons, governmental entities, and the state.
(B) In the complaint filed in a civil action against a political subdivision or an employee of a political subdivision to recover damages for injury, death, or loss to person or property allegedly caused by an act or omission in connection with a governmental or proprietary function, whether filed in an original action, cross-claim, counterclaim, third-party claim, or claim for subrogation, the complainant shall include a demand for a judgment for the damages that the judge in a nonjury trial or the jury in a jury trial finds that the complainant is entitled to be awarded, but shall not specify in that demand any monetary amount for damages sought.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2744 | Political Subdivision Tort Liability › Section 2744.082 | Reimbursement of General Fund for Self-Insurance Payments.

Effective:
March 22, 2013
Latest Legislation:
Senate Bill 114 - 129th General Assembly
(A) If a political subdivision, pursuant to division (A)(2)(a) of section 2744.08 of the Revised Code or a joint self-insurance pool pursuant to section 2744.081 of the Revised Code, has allocated costs to, or required the payment of deductibles from, funds or accounts in the subdivision's treasury, the subdivision's fiscal officer, pursuant to an ordinance or resolution of the subdivision's legislative authority, shall transfer amounts equal to those costs or deductibles from the funds or accounts to the subdivision's general fund if both of the following occur:
(1) The subdivision requests payment from the employee responsible for the funds or accounts for those costs or deductibles;
(2) The employee receiving the request fails to remit payment within forty-five days after the date of receipt of the request.
(B) Sections 5705.14, 5705.15, and 5705.16 of the Revised Code do not apply to transfers made pursuant to this section.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2744 | Political Subdivision Tort Liability › Section 2744.09 | Exceptions.

Effective:
November 20, 1985
Latest Legislation:
House Bill 176 - 116th General Assembly
This chapter does not apply to, and shall not be construed to apply to, the following:
(A) Civil actions that seek to recover damages from a political subdivision or any of its employees for contractual liability;
(B) Civil actions by an employee, or the collective bargaining representative of an employee, against his political subdivision relative to any matter that arises out of the employment relationship between the employee and the political subdivision;
(C) Civil actions by an employee of a political subdivision against the political subdivision relative to wages, hours, conditions, or other terms of his employment;
(D) Civil actions by sureties, and the rights of sureties, under fidelity or surety bonds;
(E) Civil claims based upon alleged violations of the constitution or statutes of the United States, except that the provisions of section 2744.07 of the Revised Code shall apply to such claims or related civil actions.