reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4717 | Embalmers, Funeral Directors, Crematories › Section 4717.271 | Crematory Operator Requirements for Fetal Remains.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
The following applies to a crematory operator that cremates fetal remains for an abortion facility under Chapter 3726. of the Revised Code.
(A) A crematory operator shall not do any of the following:
(1) Cremate fetal remains without receiving a copy of a properly executed detachable supplemental form described in division (C)(1) of section 3726.14 of the Revised Code;
(2) Dispose of the cremated fetal remains by a means other than one of the following:
(a) Placing them in a grave, crypt, or niche;
(b) Scattering them in any dignified manner, including in a memorial garden, at sea, by air, or at a scattering ground described in section 1721.21 of the Revised Code;
(c) Any other lawful manner.
(3) Arrange for the disposal of the cremated fetal remains by a means other than one described in division (A)(2) of this section;
(4) Arrange for the transfer of the cremated fetal remains for disposal by a means other than one described in division (A)(2) of this section.
(B) A crematory operator is not required to secure a death certificate, a burial or burial-transit permit, or a cremation authorization form to cremate fetal remains.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4717 | Embalmers, Funeral Directors, Crematories › Section 4717.29 | Medical Device or Implant Present in Decedent's Body.

Effective:
August 5, 1998
Latest Legislation:
Senate Bill 117 - 122nd General Assembly
(A) A person executing a cremation authorization form as the authorizing agent under section 4717.24 of the Revised Code shall use diligent efforts to determine whether a pacemaker, cardiac defibrillator, or any other mechanical or radioactive device or implant is present in the decedent's body that poses a hazard to the health or safety of the personnel of the crematory or to the cremation chamber during the cremation process and shall indicate the presence of the device or implant on the cremation authorization form. If the decedent is to be delivered to the crematory facility by a funeral director, the person executing the authorization form shall inform the funeral director of the presence of the device or implant.
(B) If a funeral director delivers the decedent to a crematory facility, the funeral director shall take reasonable precautions to ensure necessary actions are taken to remove a device or implant from the decedent, or to render the device or implant nonhazardous prior to delivering the decedent to the crematory facility.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4717 | Embalmers, Funeral Directors, Crematories › Section 4717.311 | Confirming the Beneficiary Is Still Alive.

Effective:
September 13, 2022
Latest Legislation:
Senate Bill 224 - 134th General Assembly
(A) The holder of funds for a preneed funeral contract shall, in the calendar year in which the beneficiary of that contract reaches one hundred five years of age, contact the seller or successor seller to inform the seller or successor seller of the beneficiary's one hundred fifth birthday in that calendar year.
(B) The holder and the seller or successor seller shall agree to one of the following:
(1) That the holder shall make a reasonable attempt to confirm that the beneficiary is still alive. If the holder cannot confirm that the beneficiary is still alive during that calendar year, then, within one hundred eighty days of the end of that calendar year, the holder shall report and remit the funds to the director of commerce pursuant to Chapter 169. of the Revised Code.
(2) That the seller or successor seller shall make a reasonable attempt to confirm that the beneficiary is still alive. If the seller or successor seller cannot confirm that the beneficiary is still alive during that calendar year, then, within thirty days of the end of the calendar year, the seller or successor seller shall notify the holder. Within one hundred eighty days of receiving the notification, the holder shall report and remit the funds to the director of commerce pursuant to Chapter 169. of the Revised Code.
Last updated October 20, 2022 at 5:17 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4717 | Embalmers, Funeral Directors, Crematories › Section 4717.33 | Notice by Trustee or Insurer to Purchaser of Contract.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) If a preneed funeral contract is funded by any means other than an insurance policy or policies, or an annuity or annuities, the trustee of the trust created pursuant to section 4717.36 of the Revised Code shall notify the purchaser of the preneed funeral contract in writing, within fifteen days after the trustee receives any payment to be deposited into the trust, that the trustee has received payment. The notice shall include all of the following information:
(1) The amount the trustee received;
(2) The name and address of the institution described in division (D) of section 4717.36 of the Revised Code where the trust is being held;
(3) The name of the beneficiary of that trust.
(B) If a preneed funeral contract is funded by the purchase or assignment of one or more insurance policies or annuities, the insurance company shall notify the purchaser of the preneed funeral contract in writing within sixty days after the insurance company receives an initial premium payment applicable to that preneed funeral contract. The notice shall include all of the following information that is pertinent to that preneed funeral contract:
(1) The amount the insurance company received;
(2) The name and address of the insurance company;
(3) The name of the insured;
(4) The amount of the death benefit;
(5) The policy or contract number of the insurance policy, annuity, or contract.
(C) For purposes of division (B) of this section, delivery of an insurance policy, certificate, annuity, or contract to the purchaser shall satisfy the notice requirement specified in that division.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4717 | Embalmers, Funeral Directors, Crematories › Section 4717.34 | Right of Purchaser to Rescind Contract.

Effective:
July 6, 2009
Latest Legislation:
Senate Bill 196 - 127th General Assembly
(A) Any purchaser, on initially entering into a preneed funeral contract may, within seven days after entering into that contract, rescind the contract and request and receive from the seller of the contract one hundred per cent of all payments made under the contract. Each preneed funeral contract shall contain the following notice in boldface print and in substantially the following form:
"NOTICE: Under Ohio law, you, as the purchaser of this contract, may rescind it and receive a refund of all payments you made under the contract. To rescind the contract, you must notify the seller within seven days of signing the contract."
(B) No preneed funeral contract shall contain a provision that restricts the purchaser from making the contract irrevocable. On the purchase by an individual of an irrevocable preneed funeral contract, the funeral director who sold the contract assumes the legal obligation to provide for the funeral of the individual pursuant to the terms of the contract. No money deposited in a trust fund for an irrevocable preneed funeral contract shall be withdrawn to purchase an insurance policy or annuity, except that a trustee may use money in the trust fund to purchase a life insurance policy or annuity as an investment for the trust fund.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4717 | Embalmers, Funeral Directors, Crematories › Section 4717.35 | Remission of Contract Application and Premium to Insurer.

Effective:
September 13, 2022
Latest Legislation:
Senate Bill 224 - 134th General Assembly
If a preneed funeral contract contains a provision stating that the preneed funeral contract will be funded by the purchase of an insurance policy, the insurance agent who sold the policy that will fund that preneed funeral contract shall require that any payment made by the purchaser be made in the form of a check, cashier's check, money order, or debit or credit card, payable only to the insurance company. The insurance agent shall remit the application for insurance and the premium paid to the insurance company designated in the preneed funeral contract within the time period specified in division (B)(15) of section 3905.14 of the Revised Code, unless the purchaser rescinds the preneed funeral contract in accordance with division (A) of section 4717.34 of the Revised Code. If the purchaser made payment in the form of a check made payable to the seller, the seller may, within five business days of receiving the check, sign over and forward the check to the insurance company designated in the preneed funeral contract.
If the purchaser of a preneed funeral contract that is revocable and that is funded by an insurance policy or annuity elects to cancel the preneed funeral contract, the purchaser shall provide a written notice to the seller and the insurance company designated in the contract stating that the purchaser intends to cancel that contract. Fifteen days after the purchaser provides the notice to the seller of the contract and the insurance company, the purchaser may cancel the preneed funeral contract and change the beneficiary of the insurance policy or annuity or reassign the benefits under the policy or annuity.
The purchaser of a preneed funeral contract that is irrevocable and that is funded by an insurance policy or annuity may transfer the preneed funeral contract to a successor seller by notifying the original seller of the designation of a successor seller. Within fifteen days after receiving the written notice of the designation of the successor seller from the purchaser, the original seller shall assign the seller's rights to the proceeds of the policy to the successor seller. The insurance company shall confirm the change of assignment by providing written notice to the policyholder.
If, after a preneed funeral contract has been performed and paid for by the proceeds of an insurance policy or annuity, there are excess funds that the purchaser previously assigned by a written contract to the seller to pay for preneed funeral services or funeral goods for other individuals, the insurance company or annuity company holding such excess funds shall pay those funds directly to the seller, and the seller shall deposit the funds into a trust or purchase insurance or annuity policies to fund additional preneed funeral contracts.
Last updated July 15, 2022 at 2:13 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4717 | Embalmers, Funeral Directors, Crematories › Section 4717.37 | Delivery of Funeral Goods Defined.

Effective:
July 6, 2009
Latest Legislation:
Senate Bill 196 - 127th General Assembly
For purposes of sections 4717.31 to 4717.38 of the Revised Code, a seller is considered to have delivered funeral goods pursuant to a preneed funeral contract when the seller makes actual delivery of the goods to the contract beneficiary.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4717 | Embalmers, Funeral Directors, Crematories › Section 4717.38 | Construction of r.c. 4717.31 to 4717.38.

Effective:
July 6, 2009
Latest Legislation:
Senate Bill 196 - 127th General Assembly
Sections 4717.31 to 4717.38 of the Revised Code shall be construed as a limitation on the manner in which a person is permitted to accept funds in prepayment for funeral services to be performed in the future, or funeral goods to be used in connection with the funeral or final disposition of human remains, to the end that at all times members of the public may have an opportunity to arrange and pay for a funeral for themselves and their families in advance of need while at the same time providing all possible safeguards to ensure that prepaid funds cannot be dissipated, whether intentionally or not, but remain available for payment for funeral goods and funeral services in connection with the funeral or final disposition of dead human bodies.
Sections 4717.31 to 4717.38 of the Revised Code do not apply to a seller if that seller is an established and legally cognizable church or denomination that is exempt from federal income taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 501, as amended, and the preneed funeral contract pertains to a cemetery owned and operated entirely and exclusively by the church or denomination, on the condition that the church or denomination adopts, on a voluntary basis, rules and other measures to safeguard and secure all funds received under any preneed funeral contract.
Any money, insurance policies, annuities, or other items delivered in payment of a preneed funeral contract, and any funds held in trust pursuant to section 4717.36 of the Revised Code, are exempt from levy, attachment, or sale to satisfy a judgment or order.
Last updated October 20, 2022 at 5:20 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4717 | Embalmers, Funeral Directors, Crematories › Section 4717.39 | Compliance With Law Regarding Sanctions for Human Trafficking.

Effective:
March 22, 2013
Latest Legislation:
House Bill 247 - 129th General Assembly
The board of embalmers and funeral directors shall comply with section 4776.20 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4717 | Embalmers, Funeral Directors, Crematories › Section 4717.99 | Penalty.

Effective:
July 6, 2009
Latest Legislation:
Senate Bill 196 - 127th General Assembly
Whoever violates any provision of sections 4717.01 to 4717.15; division (A) or (B) of section 4717.23; division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions (H) to (K) of section 4717.26; division (D)(1) of section 4717.27; or divisions (A) to (C) of section 4717.28 of the Revised Code shall be fined not less than one hundred nor more than five thousand dollars, or imprisoned for not more than one year, or both, for the first offense. For each subsequent offense such a person shall be fined not less than one hundred nor more than ten thousand dollars, or imprisoned for not more than one year, or both.
Whoever purposely violates division (D) or (E) of section 4717.31 of the Revised Code is guilty of a misdemeanor of the third degree. If the purpose of a violation of that division is to commit or facilitate the commission of a felony, whoever violates that division is guilty of a felony of the fourth degree.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4719 | Telephone Solicitors › Section 4719.03 | Certificate of Registration -Disciplinary Actions.

Effective:
October 9, 2021
Latest Legislation:
House Bill 263 - 133rd General Assembly
(A) Except as otherwise provided in division (B) of this section, the attorney general shall issue a certificate of registration or registration renewal as a telephone solicitor to any applicant or registrant that submits a completed application for the certificate, as specified under section 4719.02 of the Revised Code, and pays, as applicable, the registration fee or renewal fee prescribed pursuant to rule of the attorney general adopted under section 4719.10 of the Revised Code. All fees collected under this division shall be deposited into the state treasury to the credit of the telemarketing fraud enforcement fund created in section 4719.17 of the Revised Code. The certificate of registration or registration renewal shall expire one year after the date on which it is issued.
(B) After an adjudication conducted in accordance with Chapter 119. of the Revised Code, the attorney general may, except as provided in division (C) of this section, deny a certificate of registration or registration renewal or may suspend or revoke a certificate if the attorney general finds, by a preponderance of the evidence, that any of the following conditions apply:
(1) The applicant or registrant obtained a certificate of registration or registration renewal through any false or fraudulent representation or made any material misrepresentation in any registration application.
(2) The applicant or registrant made false promises through advertising or other means or engaged in a continued course of misrepresentations.
(3) The applicant or registrant violated any provision of Chapter 1345. or sections 4719.01 to 4719.18 of the Revised Code or a rule adopted under that chapter or those sections.
(4) In a court of competent jurisdiction of this state or any other state or of the United States, the applicant or registrant was convicted of, pleaded guilty to, or entered a plea of no contest for a felony, engaging in a pattern of corrupt activity, racketeering, a violation of federal or state securities law, or a theft offense as defined in section 2913.01 of the Revised Code or in a similar law of any other state or of the United States, or failed to notify the attorney general of any conviction of that type as required under division (H) of section 4719.08 of the Revised Code.
(5) The applicant or registrant engaged in conduct that constituted improper, fraudulent, or dishonest dealings.
(C) The attorney general shall not refuse to issue a certificate to an applicant because of a conviction of or plea of guilty to a criminal offense unless the refusal is in accordance with section 9.79 of the Revised Code.
Last updated October 9, 2021 at 5:05 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4719 | Telephone Solicitors › Section 4719.04 | Surety Bond Requirements.

Effective:
December 5, 1996
Latest Legislation:
Senate Bill 214 - 121st General Assembly
(A) No person shall act as a telephone solicitor without having first obtained a surety bond issued by a surety company that holds a certificate of authority to do business in this state issued by the superintendent of insurance under Title XXXIX of the Revised Code, and all of the following conditions are met:
(1) A copy of the bond is filed with the attorney general.
(2) The bond is in favor of any person, and of the state for the benefit of any person, that is injured by any violation of any provision of sections 4719.01 to 4719.18 of the Revised Code or a rule adopted under those sections.
(3) The bond is in the amount of fifty thousand dollars.
(4) The bond is maintained and in effect for at least two years after the date on which the telephone solicitor ceases to engage in telephone solicitations.
(B) Any person making a claim against the bond for a violation of any provision of sections 4719.01 to 4719.18 of the Revised Code or a rule adopted under those sections may maintain a civil action against the telephone solicitor and against the surety company. The surety company is liable only for damages awarded under division (B) of section 4719.15 of the Revised Code and is not liable for attorney's fees awarded under that division or for punitive damages awarded under division (C) of that section. The aggregate liability of the surety company to all persons injured by a telephone solicitor's violation of a provision of sections 4719.01 to 4719.18 of the Revised Code or a rule adopted under those sections shall not exceed the amount of the bond.
(C) A surety company may cancel a telephone solicitor's bond after giving the telephone solicitor and the attorney general written notice of the cancellation at least thirty days before the cancellation takes effect. For two years after the cancellation takes effect, a person may make a claim against the bond under division (B) of this section for a violation that occurred while the bond was in effect.
(D) The attorney general shall provide to a surety company that issues a bond to a telephone solicitor information concerning complaints received by the attorney general against the solicitor for alleged violations of sections 4719.01 to 4719.18 of the Revised Code or a rule adopted under those sections.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4719 | Telephone Solicitors › Section 4719.05 | Representations Concerning Gift, Award or Prize.

Effective:
December 5, 1996
Latest Legislation:
Senate Bill 214 - 121st General Assembly
No telephone solicitor that intends to represent or cause to be represented, expressly or impliedly, to a purchaser that the purchaser is or may be eligible to receive a gift, award, or prize, however denominated, shall fail to submit to the attorney general, any later than fourteen days prior to first making that representation, a statement setting forth all of the following, for each item mentioned:
(A) A description of the item;
(B) The item's verifiable market value and the basis for the valuation;
(C) All terms and conditions a purchaser must satisfy in order to receive the item. The statement shall be accompanied by a copy of the written confirmation provided to purchasers pursuant to section 4719.07 of the Revised Code.
(D) Verification that no payment or purchase of any kind is required to win a prize or to participate in a prize promotion, and a description of the no-purchase or no-payment method of participating in the prize promotion;
(E)(1) If they are ascertainable, the odds, for a given purchaser, of receiving the item;
(2) If the odds are not ascertainable, all the factors and methods used in calculating the odds.
(F) If a purchaser is to receive fewer than all the items described by the seller:
(1) The manner in which the telephone solicitor decides which item a given purchaser is to receive;
(2)(a) If they are ascertainable, the odds, for a given purchaser, of receiving each item described;
(b) If the odds are not ascertainable, all the factors and methods used in calculating the odds.
(3) The name, address, and telephone number of each person that, during the preceding twelve months or any portion of that twelve-month period in which the telephone solicitor has done business, has received each gift, award, or prize.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4719 | Telephone Solicitors › Section 4719.06 | Disclosure of Information.

Effective:
December 5, 1996
Latest Legislation:
Senate Bill 214 - 121st General Assembly
(A) Within the first sixty seconds of a telephone call, and before requesting any financial information or conveying to the consumer any substantive information about a prize, product, or service, no telephone solicitor or salesperson shall fail to do all of the following:
(1) State the solicitor's or salesperson's true name and the company on whose behalf the solicitation is being made;
(2) State that the purpose of the telephone call is to effect a sale;
(3) Identify the goods or services being sold.
(B) If a sale or an agreement to purchase is completed during a telephone call, no telephone solicitor or salesperson, before requesting payment, shall fail to inform the purchaser of the rights granted under section 4719.07 of the Revised Code and disclose all of the following information in a clear and conspicuous manner:
(1) The street address and telephone number of the telephone solicitor;
(2) The total costs to purchase, receive, or use, and the quantity of, any goods or services that are the subject of the telephone solicitation;
(3) All material restrictions, limitations, or conditions to purchase, receive, or use the goods or services that are the subject of the telephone solicitation;
(4) All material terms and conditions of the telephone solicitor's policy of making refunds, cancellations, exchanges, or repurchases;
(5) In any prize promotion, a description of the prize; its market value; all material conditions to receive or redeem the prize; the odds of being able to receive the prize and, if the odds are not calculable in advance, the factors and methods used in calculating the odds; that no purchase or payment of any kind is required to win a prize or to participate in a prize promotion; and the no-purchase or no-payment method of participating in the prize promotion, with either instructions on how to participate or an address or local or toll-free telephone number to which customers may write or call for information on how to participate.
(C) No telephone solicitor or salesperson shall fail to make an oral disclosure required by this section in a clear and intelligible manner.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4719 | Telephone Solicitors › Section 4719.08 | Prohibited Acts.

Effective:
April 9, 2003
Latest Legislation:
House Bill 312 - 124th General Assembly
No telephone solicitor shall do any of the following:
(A) Obtain a certificate of registration or registration renewal under section 4719.03 of the Revised Code through any false or fraudulent representation or make any material misrepresentation in any registration or registration renewal application;
(B) Fail to maintain a valid certificate of registration or registration renewal;
(C) Advertise that one is registered as a telephone solicitor or represent that registration as a telephone solicitor constitutes approval or endorsement by any government or governmental office or agency;
(D) Provide inaccurate or incomplete information to the attorney general when making an application for a certificate or certificate renewal;
(E) Misrepresent that a person is registered or that the person has a valid certificate number;
(F) Misrepresent, directly or by implication, any of the following information:
(1) The total costs to purchase, receive, or use, and the quantity of, any goods or services that are the subject of a telephone solicitation;
(2) A material restriction, limitation, or condition to purchase, receive, or use goods or services that are the subject of a telephone solicitation;
(3) A material aspect of the performance, efficacy, nature, or characteristics of goods or services that are the subject of a telephone solicitation;
(4) A material aspect of the nature or terms of the telephone solicitor's refund, cancellation, exchange, or repurchase policies;
(5) A material aspect of a prize promotion, including, but not limited to, the odds of being able to receive a prize, the nature or value of a prize, or that a purchase or payment of any kind is required to win a prize or to participate in a prize promotion;
(6) A material aspect of an investment opportunity, including, but not limited to, risk, liquidity, earnings potential, or profitability;
(7) The telephone solicitor's affiliation with, or endorsement by, any government or third-party organization.
(G) Make a false or misleading statement to induce a purchaser to pay for goods or services;
(H) Fail to notify the attorney general within fifteen days if, in a court of competent jurisdiction of this state or any other state or of the United States, the telephone solicitor is convicted of, pleads guilty to, or enters a plea of no contest for a felony, engaging in a pattern of corrupt activity, racketeering, a violation of federal or state securities law, or a theft offense as defined in section 2913.01 of the Revised Code or in similar law of any other state or of the United States;
(I) Intentionally block or intentionally authorize or cause to be blocked the disclosure of the telephone number from which a telephone solicitation is made.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4719 | Telephone Solicitors › Section 4719.09 | Waiver of Rights.

Effective:
December 5, 1996
Latest Legislation:
Senate Bill 214 - 121st General Assembly
(A) No telephone solicitor or salesperson shall cause or attempt to cause a purchaser to waive a right granted under section 4719.07 or 4719.15 of the Revised Code.
(B) Any waiver by a purchaser of a right granted under section 4719.07 or 4719.15 of the Revised Code is contrary to the fundamental public policy of this state and is void and unenforceable.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4719 | Telephone Solicitors › Section 4719.10 | Administrative Rules.

Effective:
August 7, 1996
Latest Legislation:
Senate Bill 214 - 121st General Assembly
The attorney general, in accordance with Chapter 119. of the Revised Code, may adopt reasonable rules to carry out the purposes of sections 4719.01 to 4719.18 of the Revised Code and shall adopt rules prescribing reasonable registration and registration renewal fees for the purpose of section 4719.03 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4719 | Telephone Solicitors › Section 4719.12 | Injunctions - Civil Penalties.

Effective:
December 5, 1996
Latest Legislation:
Senate Bill 214 - 121st General Assembly
(A) Whenever it appears that a person has violated, is violating, or is about to violate a provision of sections 4719.01 to 4719.18 of the Revised Code, the attorney general may bring an action in a court of common pleas to enjoin the alleged violation. Upon a showing of a violation of a provision of those sections, the court shall grant a temporary restraining order, preliminary injunction, or permanent injunction without bond. The court may impose a civil penalty of not more than five thousand dollars for each day of violation of a temporary restraining order, preliminary injunction, or permanent injunction issued under this section. The court may issue an order for the reimbursement of a purchaser for any loss that results from a violation of a provision of sections 4719.01 to 4719.18 of the Revised Code, for the appointment of a referee or receiver, for the sequestration of assets, or for any other appropriate relief. The court may award the attorney general all costs together with all expenses of the attorney general's investigation and reasonable attorney's fees incurred in the prosecution of the action. Moneys awarded to the attorney general under this section shall be deposited in the consumer protection enforcement fund created by section 1345.51 of the Revised Code.
(B) In an action brought by the attorney general to enforce a provision of sections 4719.01 to 4719.18 of the Revised Code or a rule adopted under any of those provisions, the attorney general may request, and the court shall impose, a civil penalty of not less than one thousand nor more than twenty-five thousand dollars for each violation of section 4719.02, 4719.05, or 4719.06, division (C), (D), or (E) of section 4719.07, section 4719.08 or division (A) of section 4719.09 of the Revised Code that the court finds the telephone solicitor or salesperson committed. A civil penalty ordered pursuant to this section shall be paid to the consumer protection enforcement fund created by section 1345.51 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4719 | Telephone Solicitors › Section 4719.13 | Initiation of Criminal Proceedings.

Effective:
December 5, 1996
Latest Legislation:
Senate Bill 214 - 121st General Assembly
(A) The attorney general may initiate criminal proceedings under sections 4719.01 to 4719.18 of the Revised Code by presenting evidence of criminal violations to the prosecuting attorney of any county in which the offense may be prosecuted. If the prosecuting attorney does not prosecute the violations, or at the request of the prosecuting attorney, the attorney general may proceed in the prosecution with all the rights, privileges, and powers conferred by law on prosecuting attorneys, including the power to appear before grand juries and to interrogate witnesses before grand juries.
(B) The powers of the attorney general set forth in division (A) of this section are in addition to any other applicable powers of the attorney general.
(C) In a criminal proceeding in which a violation of a provision of sections 4719.01 to 4719.18 of the Revised Code is alleged, it is an affirmative defense, as defined in section 2901.05 of the Revised Code, that the person or the person's actions come within an exemption in division (B) of section 4719.01 or division (H) of section 4719.07 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4719 | Telephone Solicitors › Section 4719.14 | Consumer Sales Practices Act Applicable.

Effective:
December 5, 1996
Latest Legislation:
Senate Bill 214 - 121st General Assembly
A violation of section 4719.02, 4719.05, or 4719.06; division (C), (D), or (E) of section 4719.07; section 4719.08; or division (A) of section 4719.09 of the Revised Code is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4719 | Telephone Solicitors › Section 4719.15 | Civil Action by Purchaser.

Effective:
December 5, 1996
Latest Legislation:
Senate Bill 214 - 121st General Assembly
(A) A purchaser injured by a violation of a provision of sections 4719.01 to 4719.18 of the Revised Code or a rule adopted under any provision of those sections may bring a civil action against the telephone solicitor or salesperson who committed the violation for damages in a court of common pleas and may apply to the court for an order enjoining the violation. Upon the purchaser's showing that the telephone solicitor or salesperson has committed a violation of one of those sections or rules, the court shall grant an injunction, temporary restraining order, or other appropriate relief.
(B) If a court awards damages under division (A) of this section, the court shall award damages in an amount that is not less than the amount that the purchaser paid to the telephone solicitor or salesperson and shall order the telephone solicitor or salesperson to pay reasonable attorney's fees and court costs to the purchaser.
(C) The court may award the purchaser punitive or exemplary damages upon the purchaser's showing that the telephone solicitor or salesperson knowingly committed an act or practice that violated a provision of sections 4719.01 to 4719.18 of the Revised Code.
(D) An action under this section shall be brought within two years after the date of the telephone solicitation upon which the action is based.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4719 | Telephone Solicitors › Section 4719.16 | Powers, Remedies, and Penalties Are in Addition to Others Provided by Law.

Effective:
December 5, 1996
Latest Legislation:
Senate Bill 214 - 121st General Assembly
(A) The powers, remedies, and penalties provided by sections 4719.11 to 4719.15 of the Revised Code are in addition to any other power, remedy, or penalty provided by law.
(B) The remedies and powers available to the attorney general under division (B) of section 4719.03 and sections 4719.11 to 4719.13 of the Revised Code are cumulative and concurrent, and the exercise of one remedy or power by the attorney general does not preclude or require the exercise of any other remedy or power. The attorney general is not required to use any procedure set forth in division (B) of section 4719.03 or section 4719.11 of the Revised Code prior to the exercise of a remedy or power set forth in section 4719.12 or 4719.13 of the Revised Code.
(C) In a civil proceeding or action in which a violation of a provision of sections 4719.01 to 4719.18 of the Revised Code is alleged, if the person who is alleged to have violated that provision claims that the person or the person's actions comes within an exemption in division (B) of section 4719.01 or division (H) of section 4719.07 of the Revised Code, the person has the burden of proving that the exemption applies to the person or the person's actions.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4719 | Telephone Solicitors › Section 4719.17 | Telemarketing Fraud Enforcement Fund.

Effective:
June 8, 2012
Latest Legislation:
Senate Bill 223 - 129th General Assembly
There is hereby created in the state treasury the telemarketing fraud enforcement fund. The treasurer of state shall deposit into the fund registration fees paid pursuant to divisions (A) and (D) of section 4719.02 of the Revised Code. The consumer protection section of the office of the attorney general shall use the moneys in the fund to pay for any expenses reasonably related to the administration of Chapter 4719. of the Revised Code, the investigation or prosecution of any crimes investigated by the consumer protection section, or for educational activities that advance the purposes of Chapter 4719. of the Revised Code as set forth in section 4719.18 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4719 | Telephone Solicitors › Section 4719.18 | Purposes and Construction of Chapter.

Effective:
December 5, 1996
Latest Legislation:
Senate Bill 214 - 121st General Assembly
(A) The purposes and objectives of sections 4719.01 to 4719.18 of the Revised Code are to protect purchasers from telephone solicitors and salespersons that commit unfair, unlawful, deceptive, or unconscionable acts or practices and to encourage the development of reasonable and fair telephone solicitation sales practices.
(B) The provisions of sections 4719.01 to 4719.18 of the Revised Code are remedial in nature and shall be liberally construed by the courts of this state in accordance with section 1.11 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4719 | Telephone Solicitors › Section 4719.21 | Blocking Telephone Solicitor's Number Prohibited.

Effective:
April 9, 2003
Latest Legislation:
House Bill 312 - 124th General Assembly
(A) As used in this section, "telephone solicitation" and "telephone solicitor" have the same meanings as in division (A) of section 4719.01 of the Revised Code.
(B) No telephone solicitor shall intentionally block or intentionally authorize or cause to be blocked the disclosure of the telephone number from which a telephone solicitation is made.
(C) A violation of division (B) of this section is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code. A person injured by a violation of division (B) of this section has a cause of action and is entitled to the same relief available to a consumer under section 1345.09 of the Revised Code, and all powers and remedies available to the attorney general to enforce sections 1345.01 to 1345.13 of the Revised Code are available to the attorney general to enforce division (B) of this section.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4719 | Telephone Solicitors › Section 4719.22 | Compliance With Law Regarding Sanctions for Human Trafficking.

Effective:
March 22, 2013
Latest Legislation:
House Bill 247 - 129th General Assembly
The attorney general shall comply with section 4776.20 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4719 | Telephone Solicitors › Section 4719.99 | Penalty.

Effective:
August 7, 1996
Latest Legislation:
Senate Bill 214 - 121st General Assembly
Prior to July 1, 1996, whoever violates section 4719.02, 4719.05, or 4719.06, division (C), (D), or (E) of section 4719.07, section 4719.08, or division (A) of section 4719.09 of the Revised Code is guilty of a felony of the fourth degree. On or after July 1, 1996, whoever violates section 4719.02, 4719.05, or 4719.06, division (C), (D), or (E) of section 4719.07, section 4719.08, or division (A) of section 4719.09 of the Revised Code is guilty of a felony of the fifth degree.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4721 | Innkeepers › Section 4721.01 | Liability for Loss of Property.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An innkeeper, whether a person, partnership, or corporation, having in his inn a metal safe or vault in good order suitable for the custody of money, bank notes, jewelry, articles of gold and silver manufacture, precious stones, personal ornaments, railroad mileage books or tickets, negotiable or valuable papers, and bullion, and keeping on the doors of the sleeping rooms used by his guests suitable locks or bolts, and on the transoms and windows of such rooms suitable fastenings, and keeping a copy of this section printed in distinct type conspicuously suspended in the office, ladies' parlor or sitting room, barroom, washroom, and five other conspicuous places in such inn, or not less than ten conspicuous places in all, shall not be liable for loss or injury suffered by a guest, unless such guest has offered to deliver such property to such innkeeper for custody in such metal safe or vault, and the innkeeper has omitted or refused to take and deposit it in the safe or vault for custody and give the guest a receipt therefor.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4721 | Innkeepers › Section 4721.02 | Extent of Liability - Agreement.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An innkeeper shall not be obliged to receive from a guest for deposit in the safe or vault, property described in section 4721.01 of the Revised Code exceeding a total value of five hundred dollars, and shall not be liable for such property exceeding such value whether received or not. Such innkeeper, by special arrangement with a guest may receive for deposit in such safe or vault property upon such written terms as may be agreed upon. An innkeeper shall be liable for a loss of any of such property of a guest in his inn caused by the theft or negligence of the innkeeper or his servant.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4721 | Innkeepers › Section 4721.03 | Limit of Liability as to Certain Property.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The liability of an innkeeper whether person, partnership, or corporation, for loss of or injury to personal property placed in his care by his guests other than that described in sections 4721.01 and 4721.02 of the Revised Code, shall be that of a depositary for hire. Liability shall not exceed one hundred fifty dollars for each trunk and its contents, fifty dollars for each valise and its contents, and ten dollars for each box, bundle, or package, and contents, so placed in his care, unless he has consented in writing with such guest to assume a greater liability.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4721 | Innkeepers › Section 4721.04 | Innkeeper's Lien.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An inkeeper shall have a lien on the baggage and other property in and about the inn belonging to or under the control of his guests or boarders for the proper charges due him for their accommodation, board, and lodging, for money paid for or advanced to them, and for such other extras as are furnished at their request. The innkeeper may detain such baggage and other property until the amount of such charge is paid, and the baggage and other property shall not be exempt from attachment or execution until the innkeeper's lien and the cost of enforcing it are satisfied.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4721 | Innkeepers › Section 4721.05 | Sale of Property.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The innkeeper shall retain such baggage and other property, upon which he has a lien, for sixty days, at the expiration of which time, if such lien is not satisfied, he may sell it at public auction, after giving ten days' notice of the time and place of such auction in a newspaper of general circulation in the county where such inn is situated, and by mailing a copy of such notice addressed to such guest or boarder at the place of residence registered by him in the register of such inn.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4721 | Innkeepers › Section 4721.06 | Disposal of Proceeds.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
After satisfying the lien and costs that may accrue, the residue, on demand within six months thereafter, shall be paid to the guest or boarder to whom the property belonged or by whom it was controlled, and if not demanded, shall be deposited by such innkeeper with the county treasurer of the county in which such inn is situated, with a statement of the innkeeper's claim, the cost of enforcing it, a copy of the published notice, and the amount received for such property sold at such sale. Such residue shall be credited by the treasurer to the general revenue fund of the county, subject to a right of such guest or boarder, or his representatives, to reclaim it within three years from the date of such deposit.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4722 | Home Construction Service Suppliers › Section 4722.01 | Definitions.

Effective:
August 31, 2012
Latest Legislation:
House Bill 383 - 129th General Assembly
As used in this chapter:
(A) "Cost-plus contract" means a contract entered into between an owner and a home construction service supplier under which payment to the supplier is based on the cost of a product plus the supplier's rate for labor to install the product plus an agreed percentage of profit or a stipulated fee.
(B) "Home construction service" means the construction of a residential building. "Home construction service" does not include construction performed on a structure that contains four or more dwelling units, except for work on an individual dwelling unit within that structure, or construction performed on the common area of a condominium property.
(C) "Home construction service contract" means a contract between an owner and a supplier to perform home construction services, including services rendered based on a cost-plus contract, for an amount exceeding twenty-five thousand dollars.
(D) "Home construction service supplier" or "supplier" means a person who contracts with an owner to provide home construction services for compensation and who maintains in force a general liability insurance policy in an amount of not less than two hundred fifty thousand dollars.
(E) "Owner" means the person who contracts with a home construction service supplier. "Owner" may include the owner of the property, a tenant who occupies the dwelling unit on which the home construction service is performed, or a person the owner authorizes to act on the owner's behalf to contract for a home construction service, and any other person who contracts for a home construction service.
(F) "Residential building" means a one-, two-, or three-family dwelling and any accessory construction incidental to the dwelling. "Residential building" does not include any of the following:
(1) An industrialized unit as described in section 3781.06 of the Revised Code;
(2) A manufactured home as described in section 3781.06 of the Revised Code;
(3) A mobile home as described in section 4501.01 of the Revised Code.
(G) "Workmanlike manner" means the home construction service supplier has engaged in construction that meets or exceeds the minimum quantifiable standards promulgated by the Ohio home builders association.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4722 | Home Construction Service Suppliers › Section 4722.04 | Down Payments.

Effective:
August 31, 2012
Latest Legislation:
House Bill 383 - 129th General Assembly
A home construction service supplier may take as a down payment not more than ten per cent of the contract price before the supplier's performance that is required by the contract begins, except a supplier may take as a down payment not more than seventy-five per cent of the total cost of any special order item that is otherwise not returnable or usable before the supplier's performance that is required by the contract begins. This section does not apply to a home construction service supplier who enters into a cost-plus contract. A supplier may accept payments from a construction loan in connection with a home construction service contract.