reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.10 | Annual Listing of Registered Professional Engineers, Registered Professional Surveyors, and Firms.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
The state board of registration for professional engineers and surveyors shall prepare annually a listing of all registered professional engineers, registered professional surveyors, and firms that possess a certificate of authorization. The board shall provide a copy of this listing upon request to registrants of the board and to firms possessing a certificate of authorization without charge and to the public upon request and payment of copy costs.
Additionally, the board shall issue an official verification of the status of any person registered as a professional engineer or professional surveyor in this state upon receipt of a verification form and the payment of a fee established by the board.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.12 | Applications.

Effective:
June 3, 2014
Latest Legislation:
House Bill 202 - 130th General Assembly
(A) Applications for registration as a professional engineer or professional surveyor shall be on forms prescribed and furnished by the state board of registration for professional engineers and surveyors, shall contain statements made under oath setting forth the applicant's education and a detailed summary of the applicant's engineering or surveying experience as appropriate, and shall contain not less than five references, of whom three or more shall be professional engineers or professional surveyors having personal knowledge of the applicant's engineering or surveying experience. The application shall be accompanied by a nonrefundable application fee, which shall be established by the board at an amount adequate to cover the costs of processing the application.
A nonrefundable examination fee for professional engineers or professional surveyors shall be established by the board at an amount adequate to cover the expense of procuring, administering, and grading the examinations. A nonrefundable registration fee, which shall be paid after the applicant has passed both examinations, shall be established by the board at an amount adequate to cover the expense of registration.
(B) The board shall establish a fee for a certificate of authorization issued under section 4733.16 of the Revised Code in an amount not to exceed fifty dollars and a fee for biennial renewal of a certificate of authorization, not to exceed fifty dollars. The fee for a duplicate certificate of authorization is five dollars.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.13 | Examinations.

Effective:
June 3, 2014
Latest Legislation:
House Bill 202 - 130th General Assembly
(A) When examinations are required as provided by section 4733.11 of the Revised Code, they shall be held at a time and place specified by the state board of registration for professional engineers and surveyors. The examinations shall test the applicant's knowledge to perform professional engineering or surveying services which shall insure the safety of life, health, and property. An examination referred to as the fundamentals of engineering or as the fundamentals of surveying examination shall test the applicant's knowledge of the fundamentals of engineering or surveying as appropriate.
(B) An examination referred to as the principles and practice of engineering examination shall test the applicant's knowledge of the branch of engineering in which the applicant specializes. For the purpose of this section, the branches of engineering are all those branches in which engineering examinations are offered by the board or the national council of examiners for engineering and surveying.
(C) A principles and practice of surveying examination shall test the applicant's knowledge of surveying and the laws and practices applicable to the state of Ohio.
(D) An applicant failing an examination may apply for re-examination. The fee for each re-examination shall be the same as the regular examination fee.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.14 | Certificate of Registration - Seals.

Effective:
March 29, 2007
Latest Legislation:
House Bill 699 - 126th General Assembly
The state board of registration for professional engineers and surveyors shall, upon payment of the registration fee, register and issue a certificate showing initial registration of an applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter. In the case of a registered professional engineer, the certificate shall authorize the practice of "professional engineering," and in the case of a registered professional surveyor, the certificate shall authorize the practice of "professional surveying." Certificates of registration shall show the full name of the registrant, shall have a serial number, and shall be signed by the chairperson and the secretary of the board under seal of the board.
Registration by the board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered professional engineer, or of a registered professional surveyor, while the registration remains unrevoked or unexpired.
Each registrant may, upon completing registration, obtain a seal of the design authorized by the board, bearing the registrant's name and the legend, "registered professional engineer," or "registered professional surveyor," provided, however, that any registered surveyor's seal obtained prior to the amendment of this section effective April 4, 1985, 140 Ohio Laws 4092, shall remain as a legal seal for any registrant who was registered as a "registered surveyor." Plans, specifications, plats, reports, and all other engineering or surveying work products issued by a registrant shall be stamped with the seal and be signed and dated by the registrant or bear a computer-generated seal and electronic signature and date, but no person shall stamp, seal, or sign any documents after the registration of the registrant named thereon has expired or the registration has been revoked or suspended, unless the registration has been renewed or reissued.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.15 | Renewals.

Effective:
June 3, 2014
Latest Legislation:
House Bill 202 - 130th General Assembly
(A) Registration expires on the last day of December 2011, and becomes invalid on that date unless renewed. For renewals after that date, registration expires biennially on the last day of December following initial registration or renewal of registration and becomes invalid on that date unless renewed. Renewal may be effected by the applicant's payment to the treasurer of state of a fee of forty dollars for a renewal of registration as either a professional engineer or professional surveyor and demonstration of completion of the continuing professional development requirements of section 4733.151 of the Revised Code. When notified as required in this section, a registrant's failure to renew registration shall not deprive the registrant of the right of renewal within the following twelve months, but the fee to renew a registration within twelve months after expiration shall be increased fifty per cent, and the registrant shall certify completion of continuing professional development hours as required in section 4733.151 of the Revised Code.
The state board of registration for professional engineers and surveyors may, upon request, waive the payment of renewal fees or the completion of continuing professional development requirements for a registrant during the period when the registrant is on active duty in connection with any branch of the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any other state.
(B) Each certificate of authorization issued pursuant to section 4733.16 of the Revised Code shall authorize the holder to provide professional engineering or professional surveying services, through the registered professional engineer or professional surveyor designated as being in responsible charge of the professional engineering or professional surveying practice, from the date of issuance until the second immediately succeeding thirtieth day of June, unless the certificate has been revoked or suspended for cause as provided in section 4733.20 of the Revised Code or has been suspended pursuant to section 3123.47 of the Revised Code. Thereafter, the certificate shall expire biennially on the thirtieth day of June.
(C) If a registrant fails to renew registration as provided under division (A) of this section, renewal and reinstatement may be effected under rules the board adopts regarding requirements for reexamination or reapplication, and reinstatement penalty fees. The board may require a registrant who fails to renew registration to complete the required hours of continuing professional development as a condition of renewal and reinstatement if the registrant seeks renewal and reinstatement under this division.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.161 | Unauthorized Practice.

Effective:
November 24, 1995
Latest Legislation:
House Bill 231 - 121st General Assembly
(A) Notwithstanding any other provision of this chapter, any person who performs labor or who provides services pursuant to a construction contract may offer or provide engineering services in connection with the person's own labor or services if all of the following apply:
(1) The engineering services are provided and performed by an engineer registered under this chapter or by a firm holding a certificate of authorization granted pursuant to this chapter through either direct employment or independent contract with the person contracting with the owner and offering the services.
(2) The engineering services are offered by the person who intends to perform the actual construction of an improvement to real property as part of a design-build contract.
(3) The contractor, the engineer registered under this chapter, or the firm holding a certificate of authorization granted pursuant to this chapter meets the requirements of section 153.70 of the Revised Code when design-build services are provided to a public authority as defined in section 153.65 of the Revised Code.
(B) Except as otherwise provided in this section, no person shall offer or engage in the practice of engineering without a certificate of authorization for any construction contract that is to be constructed by another person, or hold himself or herself out to the public as engaging in the practice of engineering or as providing engineering services without a certificate of authorization.
(C) As used in this section, "construction contract" and "design-build" have the same meaning as in section 4703.182 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.17 | Inspection of Public Works Projects.

Effective:
April 4, 1985
Latest Legislation:
House Bill 562 - 115th General Assembly
Neither this state, nor any of its political subdivisions, nor any municipal corporation shall engage in the construction of any public work involving the practice of professional engineering or professional surveying, for which plans, specifications, and estimates have not been made by, and the construction thereof inspected by, a licensed professional engineer or professional surveyor; provided this section shall not apply to the design, construction, improvement, or maintenance of any public work wherein the contemplated expenditure for the completed project does not exceed five thousand dollars. Any contract for engineering or surveying services executed in violation of this section shall be void and any moneys advanced or paid under such contract by this state or any of its political subdivisions or any municipal corporation shall be refunded forthwith.
Sections 4733.01 to 4733.23 of the Revised Code, do not exclude a qualified or registered architect from such engineering practice as may be incident to the practice of his profession, or do not exclude a professional engineer from such architectural practice as may be incident to the practice of professional engineering.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.18 | Temporary Registration - Exceptions.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(A) The state board of registration for professional engineers and surveyors shall authorize a temporary registration for an individual who has filed with the board an application for a temporary registration and has paid the required fee in accordance with Chapter 4796. of the Revised Code. The temporary registration continues only for the time the board requires for consideration of the application for registration.
(B)(1) The following persons are exempt from this chapter:
(a) An employee or a subordinate of a person registered under this chapter or an employee of a person holding temporary registration under division (A) of this section, provided the employee's or subordinate's duties do not include responsible charge of engineering or surveying work;
(b) Officers and employees of the government of the United States while engaged within this state in the practice of engineering or surveying, for that government;
(c) An engineer engaged solely as an officer of a privately owned public utility.
(2) This chapter does not require registration for the purpose of practicing professional engineering, or professional surveying by an individual, firm, or corporation on property owned or leased by that individual, firm, or corporation unless the same involves the public welfare or the safeguarding of life, health, or property, or for the performance of engineering or surveying which relates solely to the design or fabrication of manufactured products.
(C) Nothing in this chapter prevents persons other than engineers from preparing plans, drawings, specifications, or data, from filing applications for building permits, or from obtaining those permits for residential buildings, as defined by section 3781.06 of the Revised Code, or buildings that are erected as one-, two-, or three-family units or structures within the meaning of the term "industrialized unit" as provided in section 3781.06 of the Revised Code.
(D) Nothing in this chapter prevents persons other than engineers from preparing drawings or data, from filing applications for building permits, or from obtaining those permits for the installation of replacement equipment or systems that are similar in type or capacity to the equipment or systems being replaced, and for any improvement, alteration, repair, painting, decorating, or other modification of any buildings or structures subject to sections 3781.06 to 3781.18 and 3791.04 of the Revised Code where the building official determines that no plans or specifications are required for approval.
Last updated December 29, 2023 at 6:16 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.19 | Reciprocity.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
With respect to a person registered or licensed to engage in the practice of engineering or surveying by a proper authority of another state, territory, or possession of the United States, or the District of Columbia, or who has a government certification or private certification as an engineer or surveyor in another state, territory, or possession of the United States, or the District of Columbia that does not issue that registration or license, the state board of registration for professional engineers and surveyors shall register the person as a professional engineer or surveyor in accordance with Chapter 4796. of the Revised Code. Notwithstanding section 4796.05 of the Revised Code, the board shall register a person who has satisfactory work experience as a professional engineer or surveyor in accordance with Chapter 4796. of the Revised Code if the person satisfies a minimum education requirement and passes an examination.
Last updated December 29, 2023 at 6:16 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.21 | Legally Recognized Professions Not Affected.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 4733.01 to 4733.23, inclusive, of the Revised Code shall not affect or prevent the practice of any other legally recognized profession, or exclude persons licensed as stationary engineers or boiler operators from the operation or the supervision of the operation of steam, power, or refrigeration plants.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.22 | Prohibited Acts.

Effective:
August 6, 2002
Latest Legislation:
House Bill 337 - 124th General Assembly
No person shall practice, or offer to practice, the profession of engineering or the profession of surveying without being registered or exempted in accordance with this chapter, or present or attempt to use as the person's own the registration, the certificate of authorization, or the seal of another, or give any false or forged evidence of any kind to the state board of registration for professional engineers and surveyors or to any member thereof in obtaining registration or a certificate of authorization, or falsely impersonate any other registrant or holder of a certificate of authorization of like or different name, or attempt to use an expired, suspended, or revoked registration or certificate of authorization, or otherwise violate this chapter.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.23 | Injunctions.

Effective:
August 6, 2002
Latest Legislation:
House Bill 337 - 124th General Assembly
Except as otherwise provided in divisions (B), (C), and (D) of section 4733.18 of the Revised Code, no public authority, as defined in division (A) of section 153.65 of the Revised Code, shall accept or use any engineering or surveying plan prepared by any person not registered as a professional engineer or professional surveyor under this chapter. The state board of registration for professional engineers and surveyors is hereby authorized to apply for relief by injunction or restraining order to enjoin or restrain a person from the commission of any act which is prohibited by this chapter. The remedy provided by this section shall be in addition to any other remedy provided by law. The attorney general or the attorney general's designated assistant shall act as legal adviser of the board and render such legal assistance as may be necessary.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.25 | Fees in Excess of Statutory Amounts.

Effective:
November 15, 1981
Latest Legislation:
House Bill 694 - 114th General Assembly
The state board of registration for professional engineers and surveyors, subject to the approval of the controlling board and except for fees required to be established by the board at amounts "adequate" to cover designated expenses, may establish fees in excess of the amounts provided by sections 4733.01 to 4733.99 of the Revised Code, provided that such fees do not exceed the amounts permitted by these sections by more than fifty per cent.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.26 | Using Engineer or Engineering in Name on or Before 7-1-73.

Effective:
July 1, 1993
Latest Legislation:
House Bill 482 - 119th General Assembly
Nothing in this chapter shall be construed to restrict the use by any corporation or partnership of the word "engineer" or "engineering" in a corporate or business name of any corporation or partnership providing services in an area related to the practice of engineering, provided that the corporation or partnership was incorporated or established on or before July 1, 1973, and the word "engineer" or "engineering" has been continuously used in the corporation's or partnership's business name since that date and that the corporation or partnership is not engaged in the practice of engineering and as construed by the courts on the effective date of this section.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.27 | Effect of Child Support Default on Registration or Certificate.

Effective:
August 6, 2002
Latest Legislation:
House Bill 337 - 124th General Assembly
On receipt of a notice pursuant to section 3123.43 of the Revised Code, the state board of registration for engineers and surveyors shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to registration and certificates of authorization issued pursuant to this chapter.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.28 | Compliance With Law Regarding Sanctions for Human Trafficking.

Effective:
March 22, 2013
Latest Legislation:
House Bill 247 - 129th General Assembly
The state board of registration for professional engineers and surveyors shall comply with section 4776.20 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.30 | Lien Definitions.

Effective:
September 30, 2021
Latest Legislation:
Senate Bill 49 - 134th General Assembly
As used in sections 4733.30 to 4733.306 of the Revised Code:
(A) "Commercial real estate" and "improvement" have the same meanings as in section 4703.20 of the Revised Code.
(B) "Owner" means a person who has a legal or equitable interest in commercial real estate, including a contingent interest, pursuant to an agreement or contract, and who enters into a written contract with a professional engineer or professional surveyor for services to be provided with regard to any such interest in the commercial real estate.
(C) "Professional engineer" means an individual, partnership, corporation, or association providing engineering services pursuant to this chapter.
(D) "Professional surveyor" means an individual, partnership, corporation, or association providing engineering services pursuant to this chapter.
Last updated July 28, 2021 at 2:20 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.301 | Lien on Commercial Real Estate.

Effective:
September 30, 2021
Latest Legislation:
Senate Bill 49 - 134th General Assembly
(A)(1) A professional engineer or professional surveyor who enters into a written contract for services to be provided with regard to any interest in commercial real estate has a lien on that interest.
(2) The lien shall be effective only if the contract for services is in writing and is signed by the professional engineer or professional surveyor and the owner of the interest in commercial real estate.
(B)(1) Only the professional engineer or professional surveyor named in the contract shall have a lien pursuant to this section.
(2) A lien is not available to any employee, agent, or independent contractor of the professional engineer or professional surveyor.
(C) The amount of the lien shall be limited to the amount due to the professional engineer or professional surveyor pursuant to the contract.
(D) The lien shall be effective only against the interest in commercial real estate that is the subject of the contract.
(E) All valid and recorded mechanic's liens arising pursuant to Chapter 1311. of the Revised Code, regardless of recordation date, and all previously recorded mortgages and liens, including judgment liens, take priority over a professional engineer or professional surveyor's lien.
Last updated July 14, 2021 at 12:36 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.302 | Perfection of Lien.

Effective:
September 30, 2021
Latest Legislation:
Senate Bill 49 - 134th General Assembly
(A) To perfect a lien on commercial real estate referred to in section 4733.301 of the Revised Code, a professional engineer or professional surveyor shall file with the county recorder of the county in which the commercial real estate is located an affidavit as described in division (B) of this section.
(B)(1) The affidavit required under division (A) of this section shall include all of the following:
(a) The name of the professional engineer or professional surveyor;
(b) The name of the owner of the interest in the commercial real estate;
(c) The name of the record owner of the commercial real estate if different than the owner described in division (B)(1)(b) of this section;
(d)(i) A legal description of the commercial real estate sufficient to reference the instrument by which the record owner took title and the permanent parcel number, if any ;
(ii) Division (B)(1)(d)(i) of this section shall not be construed as requiring a metes and bounds description.
(e) The parties to and date of the contract;
(f) The amount of the professional engineer or professional surveyor's claim under the contract;
(g) A statement that the information contained in the affidavit is true and accurate to the knowledge of the professional engineer or professional surveyor.
(2) The affidavit shall be signed by the professional engineer or professional surveyor and notarized.
(C) Not later than thirty days after recordation, the professional engineer or professional surveyor shall serve the recorded affidavit upon all parties listed in the affidavit by such delivery method as provides proof of receipt. Failure to serve shall not invalidate the lien, but a court may consider equitable remedies for such failure.
(D) A county recorder receiving an affidavit filed pursuant to division (A) of this section shall record the affidavit and charge and collect from the person filing the affidavit the fees prescribed in section 317.32 of the Revised Code for the recorder's services.
Last updated July 14, 2021 at 12:52 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.303 | Enforcement of Lien.

Effective:
September 30, 2021
Latest Legislation:
Senate Bill 49 - 134th General Assembly
(A)(1) A professional engineer or professional surveyor holding a lien that has been perfected pursuant to section 4733.302 of the Revised Code may commence proceedings to enforce the lien by filing a complaint in the common pleas court of the county in which the commercial real estate is located.
(2) The complaint need not initiate foreclosure proceedings on the lien prior to a court determining the validity of the underlying claim.
(B) The professional engineer or professional surveyor shall name as defendants in the complaint all parties who have an interest of record in the commercial real estate that is the subject of the lien, including all parties named in the affidavit required under section 4733.302 of the Revised Code.
(C)(1) The professional engineer or professional surveyor shall file the complaint within two years of the date of recordation of the affidavit required under section 4733.302 of the Revised Code.
(2) Failure to file a complaint within the time specified shall extinguish the lien.
(D)(1)(a) Any person with an interest in the commercial real estate subject to a lien perfected pursuant to section 4733.302 of the Revised Code may demand, in writing, that the professional engineer or professional surveyor commence suit to enforce the lien.
(b) Such a demand shall be commenced by serving the professional engineer or professional surveyor and all parties listed in the affidavit required under section 4733.302 of the Revised Code the written demand. Such a delivery may be made by any means that provides proof of receipt.
(2) If the professional engineer or professional surveyor does not commence the action within sixty days after receipt of the demand, the lien is extinguished.
Last updated July 14, 2021 at 12:51 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.304 | Satisfaction and Release of Lien.

Effective:
September 30, 2021
Latest Legislation:
Senate Bill 49 - 134th General Assembly
(A) When a claim underlying a lien perfected pursuant to section 4733.302 of the Revised Code is satisfied, the professional engineer or professional surveyor holding the lien shall record a written release of the professional engineer or professional surveyor's lien in the county recorder's office of the county in which the lien was recorded.
(B) The professional engineer or professional surveyor shall file the lien release for recording within thirty days after the underlying claim is satisfied.
(C) The county recorder shall record the release and charge and collect from the professional engineer or professional surveyor the fees set forth in section 317.32 of the Revised Code for the recorder's services.
Last updated July 14, 2021 at 12:51 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.305 | Lien Release Affidavit.

Effective:
September 30, 2021
Latest Legislation:
Senate Bill 49 - 134th General Assembly
(A) When a claim underlying a lien established pursuant to section 4733.301 of the Revised Code is satisfied, regardless of whether or not the professional engineer or professional surveyor holding the lien recorded a written release pursuant to section 4733.304 of the Revised Code, or when such a lien is extinguished pursuant to section 4733.303 of the Revised Code, any person with an interest in the commercial real estate that was the subject of the lien, or named in the affidavit recorded pursuant to section 4733.302 of the Revised Code, may record an affidavit stating that the underlying claim was satisfied or that the lien was released by operation of law in the county recorder's office of the county in which the commercial real estate is located.
(B) The county recorder shall record the affidavit and charge and collect from the person filing the affidavit the fees set forth in section 317.32 of the Revised Code for the recorder's services.
(C) The fact that a claim underlying a lien is satisfied or that a lien is extinguished by operation of law does not affect any other right or appropriate action, such as for breach of contract.
Last updated July 14, 2021 at 12:52 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.306 | Substitution of Financial Security for Lien.

Effective:
September 30, 2021
Latest Legislation:
Senate Bill 49 - 134th General Assembly
(A) Any person with an interest in commercial real estate on which a lien has been perfected pursuant to section 4733.302 of the Revised Code, or named in the affidavit required under that section, may apply to the common pleas court of the county in which the commercial real estate is located to substitute financial security for the lien.
(B) The substitute security shall be in the amount equal to the professional engineer or professional surveyor's claim, and in a form such as an escrow account or surety bond held by the clerk of courts or other party as determined adequate by the court.
(C) The court, in its entry approving the substitute security, shall direct the release of the lien.
(D)(1) The person substituting the security shall file the entry and release for recording in the office of the county recorder of the county in which the commercial real estate is located.
(2) The county recorder shall record the entry and release and charge and collect from the person filing the entry and release for recording the fees set forth in section 317.32 of the Revised Code for the recorder's services.
Last updated July 14, 2021 at 12:52 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4733 | Professional Engineers and Professional Surveyors › Section 4733.99 | Penalty.

Effective:
September 16, 1957
Latest Legislation:
House Bill 622 - 102nd General Assembly
(A) Whoever violates section 4733.22 of the Revised Code shall be fined not less than one hundred nor more than five hundred dollars or imprisoned not more than ninety days, or both.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.01 | Practice of Chiropractic Defined.

Effective:
April 10, 2001
Latest Legislation:
House Bill 506 - 123rd General Assembly
As used in this chapter, the "practice of chiropractic" means utilization of the relationship between the musculo-skeletal structures of the body, the spinal column, and the nervous system in the restoration and maintenance of health, in connection with which patient care is conducted with due regard for first aid, hygienic, nutritional, and rehabilitative procedures and the specific vertebral adjustment and manipulation of the articulations and adjacent tissues of the body.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.02 | Organization of State Chiropractic Board.

Effective:
April 10, 2001
Latest Legislation:
House Bill 506 - 123rd General Assembly
The chiropractic examining board is hereby renamed the state chiropractic board. Any reference in the Revised Code to the chiropractic examining board means the state chiropractic board.
The board shall assume and exercise all of the duties conferred on it by this chapter concerning the practice of chiropractic, chiropractors, and the regulation thereof.
Members of the board shall be appointed by the governor with the advice and consent of the senate. The board shall be composed of four chiropractors and a fifth member representing the public. The public member shall not be connected in any manner, other than as a chiropractic patient, with any chiropractor or chiropractic practice or any entity that routinely engages in business with members of the chiropractic profession. Each professional member, at the time of appointment, shall be engaged in full-time practice in this state and shall have been licensed by the board for at least five years.
Terms of office shall be for four years, with each term ending on the same day of the same month as did the term it succeeds. Each member shall hold office from the date of appointment until the end of the term for which appointed. No individual shall serve for more than two full terms. Vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of that term. A member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office or until a period of sixty days has elapsed, whichever occurs first.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.03 | Compensation and Expenses of Members.

Effective:
April 10, 2001
Latest Legislation:
House Bill 506 - 123rd General Assembly
Each member of the state chiropractic board shall be paid at the appropriate rate for those days on which the member's services or duties are required. Each member of the board shall be paid at the rate established pursuant to division (J) of section 124.15 of the Revised Code and shall not receive step advancements. In addition, each board member shall receive the member's necessary expenses.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.04 | Meetings - Records.

Effective:
November 22, 2020
Latest Legislation:
House Bill 151 - 133rd General Assembly
(A) The state chiropractic board shall hold meetings at the times and places that a majority of the board directs. A special meeting shall be held at the call of the board's president or at the request of two or more board members, in which case the meeting shall be called by the board's executive director.
A majority of the board constitutes a quorum for the transaction of business. Except when action is taken on behalf of the board by the board's president under division (A) of section 4734.05 of the Revised Code, the board may not take any action without the concurrence of three members. The board shall make rules as necessary to govern its internal management.
(B) The board shall keep a record of its meetings and other official actions, including a register of all applicants for licensure to practice chiropractic. The register shall show whether an applicant for licensure was rejected or was granted a license. The board's records and register shall be prima-facie evidence of all matters recorded in them. The board shall adopt a common seal, which may be used to authenticate its official documents.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.05 | Officers of Board.

Effective:
November 22, 2020
Latest Legislation:
House Bill 151 - 133rd General Assembly
(A) The state chiropractic board shall organize by electing from its members a president. The president shall hold office for two years and until the president's successor is elected and takes office. Elections for board president shall be held at the first meeting of the board held in each odd-numbered year.
The president, subject to the board's approval, may designate another member of the board to serve as vice-president to fulfill the president's duties in the event that the president is absent or incapacitated. The vice-president may perform any action that the president is authorized to perform.
The president may make decisions on behalf of the board as follows:
(1) A decision regarding board activities may be made by the president if the president considers the decision to be minor and determines that making the decision will facilitate the responsiveness and effectiveness of the board;
(2) A decision involving a situation that requires immediate board attention may be made by the president if the circumstances surrounding the situation make holding a board meeting impractical. At the earliest time possible, the president shall report the decision to the members of the board and the board shall meet to ratify or nullify the decision.
(B) The board shall appoint an executive director who shall serve as the board's secretary and shall perform all other duties prescribed by the board or this chapter. While serving as executive director, the individual appointed shall reside in this state and may not serve as a member of the board.
The executive director shall be in the unclassified service of this state. The board shall fix the executive director's compensation and reimburse the executive director for necessary expenses incurred in the performance of official duties. Prior to entering into the official duties of office, the executive director shall take and subscribe an oath of office and shall give to the treasurer of state a bond in the penal sum of fifty thousand dollars with sufficient sureties to be approved by the governor for the faithful discharge of the duties.
The executive director is the board's appointing authority, as defined in section 124.01 of the Revised Code. With the board's approval, the executive director may appoint any employees necessary to carry out the board's functions, including investigative personnel and other employees to perform professional, clerical, and special work, and may establish standards for the conduct of and the authority to be granted to the board's employees.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.06 | Committees, Groups.

Effective:
April 10, 2001
Latest Legislation:
House Bill 506 - 123rd General Assembly
The state chiropractic board may appoint committees or other groups to assist it in fulfilling its duties. A committee or group may consist of board members, other individuals with appropriate backgrounds, or both board members and other individuals with appropriate backgrounds. Any committee or group appointed shall act under the direction of the board and shall perform its functions within the limits established by the board. Members of a committee or group may be reimbursed by the board for any expenses incurred in the performance of their duties.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.07 | Immunity.

Effective:
April 10, 2001
Latest Legislation:
House Bill 506 - 123rd General Assembly
In the absence of fraud or bad faith, the state chiropractic board, a current or former board member, an agent of the board, a representative of the board, or an employee of the board shall not be held liable in damages to any person as the result of any act, omission, proceeding, conduct, or decision related to official duties undertaken or performed pursuant to this chapter. If any of those persons asks to be defended by the state against any claim or action arising out of any act, omission, proceeding, conduct, or decision related to the person's official duties, and the request is made in writing at a reasonable time before trial and the person requesting defense cooperates in good faith in the defense of the claim or action, the state shall provide and pay for the person's defense and shall pay any resulting judgment, compromise, or settlement. At no time shall the state pay any part of a claim or judgment that is for punitive or exemplary damages.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.08 | Membership in Federation of Chiropractic Licensing Boards.

Effective:
April 10, 2001
Latest Legislation:
House Bill 506 - 123rd General Assembly
The state chiropractic board shall become a member of the federation of chiropractic licensing boards. The board may participate in any of the federation's activities, including reporting board actions taken toward an applicant or license holder to any data bank established by the federation.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.09 | Contracts.

Effective:
April 10, 2001
Latest Legislation:
House Bill 506 - 123rd General Assembly
The board may enter into contracts with any person or government entity to carry out the intent of this chapter and the rules adopted under it, any other applicable state statutes or rules, and any applicable federal statutes or regulations.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.10 | Administrative Rules.

Effective:
August 22, 2007
Latest Legislation:
Senate Bill 33 - 127th General Assembly
In addition to rules that are required by this chapter to be adopted, the state chiropractic board may adopt any other rules necessary to govern the practice of chiropractic and acupuncture under this chapter and to administer and enforce this chapter. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.141 | Certificate Required to Practice Acupuncture.

Effective:
August 22, 2007
Latest Legislation:
Senate Bill 33 - 127th General Assembly
Except for individuals described in section 4762.02 of the Revised Code, no person who holds a license to practice chiropractic issued by the state chiropractic board shall engage in the practice of acupuncture unless the person holds a valid certificate to practice acupuncture issued by the board under section 4734.283 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.142 | Prohibited Acts by Acupuncture Licensee.

Effective:
August 22, 2007
Latest Legislation:
Senate Bill 33 - 127th General Assembly
No person who holds a certificate to practice acupuncture issued by the state chiropractic board under section 4734.283 of the Revised Code shall do any of the following:
(A) Perform an acupuncture service that is beyond the scope of the person's education, training, and experience;
(B) Advertise or otherwise represent to the public that the person is engaged in the practice of oriental medicine;
(C) Permit an employee or assistant, other than an individual described in section 4762.02 of the Revised Code, to do either of the following:
(1) Insert, stimulate, or remove acupuncture needles;
(2) Apply moxibustion.