reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-3 - Meetings › Section 3379-3-08 - Notice to the public

Current through all regulations passed and filed through July 1, 2024
In accordance with division (F) of
				section
				 121.22 
				of the Revised Code, notification of the time and place of all regularly
				scheduled meetings of the council shall include, but not be limited
				to:
(A)
								
								Internet. Notice of all regular or special meetings
			 shall be posted on the council's internet site:
http://www.oac.ohio.gov
, or any successor website.
(B)
								 Statehouse press
			 corps and electronic media. Notice of all regular and special meetings shall be
			 given to the statehouse press corps and electronic media via distribution of
			 press release. Notwithstanding the foregoing, the council shall not hold a
			 special meeting unless it provides twenty-four hours advance
			 notice  to the news media that have requested notification, except in
			 the event of an emergency requiring  official action. In the event of an
			 emergency , the member or members calling the meeting shall immediately
			 notify the  news media that have
			 requested notification  of the time, place, and purpose of
			 
								such
			 meeting, to the best ability of the council.
(C)
								 Request in writing. Anyone wishing to be notified of
			 any regular or special meeting of the council shall request the same in writing
			 submitted to: "Ohio Arts Council, 30 E. Broad St, 33 Floor, Columbus, Ohio
			 43215-3414." Such submittal shall include the address and phone number where
			 notification can be made. The submittal shall be good for all meetings
			 remaining during the fiscal year such submission is made. The fiscal year shall
			 run from July first of any year to and including June thirtieth of the next
			 year.
(D)
								 Costs. The council may determine the reasonable
			 expenses incurred by notification and may charge a fee to cover such
			 expenses.
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates: 07/23/1984, 05/01/2000,
				04/15/2014
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-5 - Committees › Section 3379-5-01 - Standing committees

Current through all regulations passed and filed through July 1, 2024
There shall be an executive committee and such other standing
				committees as the council may from time to time determine.
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates:
				01/31/1977
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-5 - Committees › Section 3379-5-02 - Executive committee

Current through all regulations passed and filed through July 1, 2024
The executive committee shall be elected annually at the first
				meeting of the new fiscal year of the council and shall consist of the
				chair of the council, the vice chair, and four additional members. The
				immediate past chair of the council may be elected to serve as a fifth
				additional member of the executive committee with the approval of council, and
				so long as the immediate past chair is and continues to be a member of council.
				Four members shall constitute a quorum and the committee may act upon the
				majority vote of at least a quorum of its members who are present at the
				meeting. The executive committee shall, during the interval between meetings of
				the council, possess and exercise all of the powers of the council in
				management of the business and affairs of the council except as to such matters
				as the council has by resolution expressly reserved to itself, including but
				not limited to rules promulgation pursuant to rule 3379-13-01 of  the Administrative Code. In addition, the executive committee is authorized to approve the director's application for funds to the "National Endowment for the
				Arts." The executive committee shall keep full and accurate records and
				accounts of its proceedings and transactions. All action by the executive
				committee shall be reported to the council at its meeting next succeeding such
				action and shall be subject to revision and alteration by the council, provided
				that no rights of third persons shall be affected by any such revision or
				alteration.
Effective:
				2/21/2019
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 119.03
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates: 01/31/1977, 7/1/90,
				04/15/2014
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-5 - Committees › Section 3379-5-03 - Procedure

Current through all regulations passed and filed through July 1, 2024
The chair of the council shall be the
				
								chair of the executive committee and the committee
				shall 
								send, by
				any reasonable method, a written report of its proceedings to the council
				promptly. Meetings of the executive committee shall be held on the call of any
				member of the committee with advance notification.
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates: 01/31/1977, 07/01/1990,
				04/15/2014
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-5 - Committees › Section 3379-5-04 - Vacancy

Current through all regulations passed and filed through July 1, 2024
A vacancy occurring in the executive committee shall be filled
				by the council at its next meeting and any vacancy in other standing committees
				shall be filled by the executive committee.
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates:
				01/31/1977
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-7 - Officers › Section 3379-7-01 - Number

Current through all regulations passed and filed through July 1, 2024
The officers of the council shall be the
				chair, the vice chair, and
				the secretary, and such other officers as may be appointed in accordance with
				law.
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates: 01/31/1977,
				04/15/2014
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-7 - Officers › Section 3379-7-02 - Election and term of office

Current through all regulations passed and filed through July 1, 2024
Each officer, except such as may be appointed in accordance
				with the provision of sections
				 3379.01 
				to
				 3379.09 
				of the Revised Code, shall be elected annually  and should hold office until
				the next annual meeting of the new fiscal year
				and until their successors are elected and qualified.
Effective:
				2/21/2019
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 119.03
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates: 01/31/1977,
				04/15/2014
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-7 - Officers › Section 3379-7-03 - Vacancy

Current through all regulations passed and filed through July 1, 2024
A vacancy in any office, other than chair and
				vice chair, caused by death, resignation, removal or
				disqualification or for any other cause may be filled for the unexpired portion
				of the term by the executive committee subject, however, to the approval of
				council at its next meeting.
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates: 01/31/1977,
				04/15/2014
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-7 - Officers › Section 3379-7-04 - Director's powers and duties

Current through all regulations passed and filed through July 1, 2024
(A) The director shall be chief
			 administrative officer of the council and shall have general supervision over
			 the affairs of the council and over its
			 subordinate officers and employees; subject, however, to the direction and
			 control of the members of the council and its executive committee.
(B) The director may sign and execute in the
			 name of the council any contracts or other documents authorized by the council
			 or the executive committee, except in cases where the signing and execution
			 thereof shall be expressly delegated by council action to some other officer or
			 agent; and, in general, shall perform all duties incident to the office of the
			 chief administrative officer of the council and such other duties as may from
			 time to time be required of the director by the council.
(C) The director shall be responsible for
			 preparing the council budget; once the council has approved the budget, and it
			 has been passed by the state office of budget and management and the general
			 assembly, the director shall have full authority to make expenditures under the
			 budget and in accordance with existing state laws, except for matters of
			 compensation governed by rule 3379-7-08 of  the Administrative Code.
(D) The
			 director shall, whenever it may be necessary in his or
			 her opinion, prescribe the duties of any subordinate officers whose
			 duties are not otherwise defined.
(E) The director shall in the event of a
			 vacancy in the office of the secretary perform all duties of the office of
			 secretary as specified in rule 3379-7-05 of  the Administrative Code.
(F) The
			 director shall not receive additional payment in any form for his
			 or her services, such as fees for speaking or any
			 form of gratuity.
(G) The director
			 shall comply with the applicable statutes and regulations of the state of
			 Ohio.
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates: 01/31/1977, 05/01/2000,
				04/15/2014
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-7 - Officers › Section 3379-7-05 - Secretary

Current through all regulations passed and filed through July 1, 2024
The secretary shall:
(A) Certify and keep at the principal office
			 of the council an original and copy of its rules and regulations, as
			 amended.
(B) Keep at the principal
			 office of the council or such other place as the members of the council may
			 direct, a book of the minutes of all the meetings of the council (whether
			 annual or special), their time and place, the notices thereof and the names of
			 those present at the meetings, copies of which minutes shall be
			 
								sent, by any
			 reasonable method, to each member after the meeting.
(C) See that all notices are duly given in
			 accordance with the provisions of these rules and regulations and as required
			 by law.
(D) Be custodian of the
			 records of the council.
(E) See
			 that the books, reports, statements and all other documents and reports
			 required by law are properly kept and filed.
(F) Exhibit at all reasonable times to any
			 member of the council, upon application, the records of the proceedings of the
			 members.
(G) In general, perform
			 all duties of the office of secretary and such other duties as may from time to
			 time be required of him or her by the
			 council.
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates: 01/31/1977,
				04/15/2014
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-7 - Officers › Section 3379-7-06 - Consultants to the council

Current through all regulations passed and filed through July 1, 2024
The council from time to time may appoint one or more
				consultants for the purpose of advising the council on particular matters
				pertaining to its functions. Each consultant shall be formally designated as
				such and shall 
								serve for such period as the council shall
				designate.
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates: 01/31/1977,
				04/15/2014
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-7 - Officers › Section 3379-7-07 - Advisory panels

Current through all regulations passed and filed through July 1, 2024
(A) The council or the executive committee
			 from time to time may create an advisory panel in any designated art field or
			 other relevant professions. Each panel shall perform such duties as shall be
			 specified by the council, including submitting from time to time
			 recommendations to the council for courses of action designed to promote the
			 functions and activities of the council. Each panel shall be advisory only and
			 shall not have authority to commit the council financially or otherwise without
			 the council's express consent.
(B)
			 A list of potential advisory panel members
			  shall be compiled
			 for council approval . The 
								council will review 
								potential panel members as submitted by the chair and
			 director who, in turn, have had input from staff and the arts field or other
			 relevant professions.
(C) Appointments
			 to 
								each
			 advisory panel shall be equal in duration to that of
			 the grants to be awarded by that panel, or for one year, whichever is
			 longer. 
								An advisory panel member may be reappointed but such reappointment must be
			 approved by council and shall not result in such member serving for more than
			 four consecutive 
								meetings of the same panel.
			 After an
			 advisory panel member serves four consecutive 
								meetings of the panel, such member
			 may not be appointed to any advisory panel again
			 until two years have elapsed.
Effective:
				2/21/2019
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 119.03
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates: 01/31/1977, 07/16/1981, 03/25/1988,
				05/01/2000, 04/15/2014
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-7 - Officers › Section 3379-7-08 - Compensation

Current through all regulations passed and filed through July 1, 2024
(A) The salary of
			 the director shall be established by the action of the council. The director,
			 with the approval of the council and in accordance with the laws of the state
			 of Ohio, may recommend classification and job assignments of the remaining
			 staff positions.
(B) Compensation
			 of the director and/or any employee of the council, as well as expenses of the
			 council, expenses of the director, expenses of the members of the council, of
			 the executive committee, and other standing committees of the council, shall be
			 paid upon voucher signed by the director.
(C) The expenses of the offices of the
			 chair
								 of the council shall be budgeted to
			 include postage, telephone, travel, stationery, and incidental secretarial
			 assistance where required.
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates: 01/31/1977, 12/11/1978,
				04/15/2014
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-9 - Reports › Section 3379-9-01 - State of arts reports

Current through all regulations passed and filed through July 1, 2024
The  council shall
				report biennially as required by law to the
				governor and the general assembly of Ohio on the state of the arts. It may also
				publish other reports or studies on matters affecting the state of the arts in
				the growth and development of the state of Ohio. All such reports shall be
				provided to the governor, the general assembly of Ohio, and upon request, to
				the general public.
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates: 01/31/1977,
				04/15/2014
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-9 - Reports › Section 3379-9-02 - Conflict of interest reports

Current through all regulations passed and filed through July 1, 2024
(A) Each council member will file with the
			 executive director and chair of the council at such date as determined by the
			 council (and in the case of new members of the council within sixty days
			 following their appointment by the governor), a statement listing his or her
			 employment by or interest in (financial or otherwise) organizations eligible
			 for council support. Such statement shall be kept current to reflect any
			 substantial changes.
(B) A council
			 member shall not submit an application for council funds, or any report
			 required by the council on behalf of an organization which employs him or her
			 or in which he or she has an interest.
(C) Council officials and employees must, at
			 all times, comply with the ethics law (Chapter 102. and sections
			  2921.42 
			 and
			  2921.43 
			 of the Revised Code) as interpreted by the courts and Ohio ethics commission,
			 and fully described in commission advisory opinions to the council.
(D) If an officer, board member or employee
			 of an organization serves on council, the council member is prohibited from
			 having an interest in the organization's receipt of financial support from the
			 council unless the council member shows that he or she meets a four-part
			 exception to the public contract restrictions in the ethics law, set forth in
			 division (C) of section
			  2921.42 
			 of the Revised Code.
(E) In order
			 to meet one of the requirements (division (C)(2) of section
			  2921.42 
			 of the Revised Code), the council member would have to show that:
(1) The advisory panel conducts an
			 independent review of all applications using the same level of
			 scrutiny;
(2) The organization
			 meets the eligibility requirements to receive a grant;
(3) The organization's score is above the
			 cutoff point for funding if one has been established by the council;
(4) The organization receives a funding
			 amount based on an objective formula; and
(5) All other applicants whose scores are
			 above the cutoff point also receive funding based on the same
			 formula.
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-11 - Emergency Grants › Section 3379-11-01 - Emergency grants

Current through all regulations passed and filed through July 1, 2024
(A) In case of emergency and proven need, the
			 awarding of emergency grants will be authorized by council.
(B) The sum of all emergency grants awarded
			 during any fiscal year shall not exceed five per cent of the total subsidy
			 monies for that fiscal year.
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates: 01/31/1977,
				07/23/1984
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-13 - Amendments › Section 3379-13-01 - Amendments

Current through all regulations passed and filed through July 1, 2024
Any of these rules and regulations may be either amended or
				repealed and new rules and regulations may be adopted at any meeting of the
				council by the affirmative vote of the majority of all voting members present. The notice of each such
				meeting shall be accompanied by a copy of any such proposed amendment to or of
				any proposed new rules and regulations, and of any proposal to repeal them in
				whole or in part.
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates: 01/31/1977,
				04/15/2014
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-15 - Accessing Confidential Personal Information › Section 3379-15-02 - Procedures for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
For personal information systems, whether manual or computer
				systems, that contain confidential personal information, the
				 council shall do the
				following:
(A) Criteria for accessing
			 confidential personal information. Personal information systems of the agency
			 are managed on a "need-to-know" basis whereby the information owner determines
			 the level of access required for an employee of the agency to fulfill his/her
			 job duties. The determination of access to confidential personal information
			 shall be approved by the employee's supervisor and the information owner prior
			 to providing the employee with access to confidential personal information
			 within a personal information system. The agency shall establish procedures for
			 determining a revision to an employee's access to confidential personal
			 information upon a change to that employee's job duties including, but not
			 limited to, transfer or termination. Whenever an employee's job duties no
			 longer require access to confidential personal information in a personal
			 information system, the employee's access to confidential personal information
			 shall be removed.
(B) Individual's
			 request for a list of confidential personal information. Upon the signed
			 written request of any individual for a list of confidential personal
			 information about the individual maintained by the agency, the agency shall do
			 all of the following:
(1) Verify the identity
			 of the individual by a method that provides safeguards commensurate with the
			 risk associated with the confidential personal information;
(2) Provide to the individual the list of
			 confidential personal information that does not relate to an investigation
			 about the individual or is otherwise not excluded from the scope of Chapter
			 1347. of the Revised Code; and
(3)
			 If all information relates to an investigation about that individual, inform
			 the individual that the agency has no confidential personal information about
			 the individual that is responsive to the individual's request.
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-15 - Accessing Confidential Personal Information › Section 3379-15-03 - Valid reasons for accessing confidential person information

Current through all regulations passed and filed through July 1, 2024
Pursuant to the requirements of division (B)(2) of section
				 1347.15 
				of the Revised Code, this rule contains a list of valid reasons, directly
				related to the  council exercise
				of its powers or duties, for which only employees of the agency may access
				confidential personal information (CPI) regardless of whether the personal
				information system is a manual system or computer system:
Performing the following functions constitute valid reasons for
				authorized employees of the agency to access confidential personal
				information:
(A) Responding to a
			 public records request;
(B)
			 Responding to a request from an individual for the list of CPI the agency
			 maintains on that individual;
(C)
			 Administering a constitutional provision or duty;
(D) Administering a statutory provision or
			 duty;
(E) Administering an
			 administrative rule provision or duty;
(F) Complying with any state or federal
			 program requirements;
(G)
			 Processing or payment of claims or otherwise administering a program with
			 individual participants or beneficiaries;
(H) Auditing purposes;
(I) Licensure [or permit, eligibility,
			 filing, etc.] processes;
(J)
			 Investigation or law enforcement purposes;
(K) Administrative hearings;
(L) Litigation, complying with an order of
			 the court, or subpoena;
(M) Human
			 resource matters (e.g., hiring, promotion, demotion, discharge,
			 salary/compensation issues, leave requests/issues, time card
			 approvals/issues);
(N) Complying
			 with an executive order or policy;
(O) Complying with an agency policy or a
			 state administrative policy issued by the department of administrative
			 services, the office of budget and management or other similar state agency;
			 or
(P) Complying with a collective
			 bargaining agreement provision.
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates: 12/18/2010,
				04/15/2014
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-15 - Accessing Confidential Personal Information › Section 3379-15-04 - Confidentiality statutes

Current through all regulations passed and filed through July 1, 2024
The following federal statutes or regulations or state statutes
				and administrative rules make personal information maintained by the agency
				confidential and identify the confidential personal information within the
				scope of rules promulgated by this agency in accordance with section
				 1347.15 
				of the Revised Code:
(A) Social
			 security numbers:  5 U.S.C. 552a
								(2010), unless the
			 individual was told that the number would be disclosed.
(B) "Bureau of Criminal Investigation and
			 Information" criminal records check results: section
			  4776.04 
			 of the Revised Code.
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates: 12/18/2010,
				05/01/2014
Ohio Administrative Code › Title 3379 - Ohio Arts Council › Chapter 3379-17 - Gifts and Donations › Section 3379-17-01 - Gifts and donations

Current through all regulations passed and filed through July 1, 2024
The council 
								may maintain a  fund in the state treasury designed to accommodate gifts and donations made to the council and fees
				paid for council publications and conferences the council sponsors. The funds
				shall be used to pay the council's operating expenses, including but not
				limited to, payroll, personal services, maintenance, equipment, and subsidy
				payments. All funds must be accounted for in accordance with state policies and
				procedures.
The council reserves the right to accept donations based on the
				compatibility and propriety of the donor with a project and the mission and
				goals of the council. Donations may be appropriately acknowledged, but will not
				be recognized by any special privilege associated with programs or through the
				naming of features after living persons.
No acknowledgement shall convey an endorsement of a particular
				donor or product. An endorsement is defined as the expression of a favorable
				opinion about the quality, value, or effectiveness of a particular product,
				service, company, or organization.
Effective:
				2/21/2019
Five Year Review (FYR) Dates:
				11/16/2018 and
				11/16/2023
Promulgated
				Under:
				 119.03
Statutory Authority:
				 3379.04
Rule Amplifies:
				 3379.04
Prior Effective Dates:
				04/15/2014
Ohio Administrative Code › Title 3517 - Ohio Elections Commission › Chapter 3517-1 - Proceedings Before the Ohio Elections Commission › Section 3517-1-01 - Scope, Applicability and Construction of Rules

Current through all regulations passed and filed through July 1, 2024
(A) Applicability.
These rules prescribe the procedure to be followed in all
				matters before the Ohio elections commission, whether brought by complaint
				pursuant to section 3517.153 of the Revised Code or
				by request for advisory opinion pursuant to division (D) of section
				3517.153 of the Revised Code.
(B) Construction.
These rules shall be construed and applied to effect due
				process, just results, fair, impartial, speedy and sure administration,
				simplicity in procedure, elimination of delay, unnecessary expense and all
				other impediments to the expeditious administration of the election laws under
				the jurisdictions of the commission.
(C) Ohio Rules of Civil Procedure and Ohio
			 Rules of Evidence applicable.
In all instances in which they are not in conflict with these
				rules of procedure, the Ohio Rules of Civil Procedure and Ohio Rules of
				Evidence shall control proceedings before the commission.
Eff 5-2-96
Rule promulgated under: RC 119.03
Rule authorized by: RC
				3517.152
Rule amplifies: RC
				3517.157
Ohio Administrative Code › Title 3517 - Ohio Elections Commission › Chapter 3517-1 - Proceedings Before the Ohio Elections Commission › Section 3517-1-02 - Initiation of Proceeding

Current through all regulations passed and filed through July 1, 2024
(A) Complaint.
A complaint shall be submitted to the commission in one of two
				forms:
(1) By affidavit by an
			 individual based on personal knowledge in the following format:
(a) Typewritten, double-spaced, in no less
			 than 12 point pica typeface, on 81/2" X 11" white bond paper, and contain no
			 more than eight pages excluding exhibits;
(b) Clearly set forth the names, full
			 residence and/or business addresses of all parties and affiants, including the
			 name, title and address of the officer, member or agent making the complaint
			 and person responsible for the behavior about which the complaint is made. If
			 any party is a campaign committee, the candidate, and campaign treasurer in
			 those circumstances involving sections
			 3517.08 to
			 3517.13 of the Revised Code,
			 shall be made a party to the case. For cases which will or may be subject to
			 the expedited hearing process, telephone and fax numbers for all parties shall
			 be included, when known;
(c) Any
			 party which is not representing itself shall be represented by an attorney at
			 law licensed to practice law in Ohio. The complaint shall include the full
			 address of the attorney with complete telephone and fax numbers. An individual
			 complainant shall not represent multiple complainants unless the complainant is
			 an attorney licensed to practice law in Ohio. Persons authorized to practice
			 law in other jurisdictions may, upon proper application to the commission, be
			 authorized to practice before the commission in a particular proceeding;
(d) Clearly set forth the specific
			 source or basis of the personal knowledge and be signed and sworn before a
			 notary public or other person authorized by law to administer oaths in a form
			 substantially in accordance with section
			 2935.19 of the Revised Code;
(e) Contain by attachment all
			 affidavits, exhibits and other documents relied upon in alleging the violation
			 or tending to support the allegations;
(f) Clearly set forth sufficient facts,
			 supported by affidavits, exhibits and/or other documents to constitute a prima
			 facie violation of Ohio election law over which the commission has
			 jurisdiction;
(g) Clearly set
			 forth each and every separate alleged violation of Ohio election law over which
			 the commission has jurisdiction in a narrative form, cross-referenced to the
			 relevant Revised Code section(s).
Ohio Administrative Code › Title 3517 - Ohio Elections Commission › Chapter 3517-1 - Proceedings Before the Ohio Elections Commission › Section 3517-1-04 - Service and filing of subsequent pleadings and documents

Current through all regulations passed and filed through July 1, 2024
(A) Response.
Any party that is the subject of a complaint filed with the
				commission that is not given the expedited process, shall file a response on
				the merits, or on commission jurisdiction, with the commission within
				twenty-one days of the mailing of the complaint. Said response shall be in the
				form of an affidavit, signed and sworn before a notary public or other person
				authorized by law to administer oaths in form substantially in accordance with
				section 2935.19 of the Revised Code, and
				clearly set forth the specific facts or basis of knowledge supporting the
				response. If the respondent fails to file a proper response, commission staff
				shall timely notify the respondent by regular mail that by failing to respond
				or show good cause for such failure to respond, the respondent may be deemed to
				have admitted the allegations in the complaint and may allow the commission to
				make a finding against the respondent;
(B) Required service.
Except as otherwise provided in these rules, every motion,
				every pleading subsequent to the initial complaint, every paper relating to
				discovery (except requests for issuance of subpoenas), every document filed
				with the commission, every written notice, appearance, demand, offer of
				judgment, and similar paper shall be served upon each of the parties by the
				party making the filing. The party making the service shall maintain a
				certificate of service, authenticated by the USPS, that such service was made
				by use of mail service. No service need be made on parties in default for
				failure to appear or respond, except that pleadings asserting new or additional
				claims against them shall be served upon them in the manner set forth in rule
				3517-1-03
				of the Administrative Code.
(C) Manner of Service.
Service shall be made as outlined in rule
				3517-1-03
				of the Administrative Code, or in the same manner required by Ohio Civil Rule
				5(B), unless otherwise ordered by the commission
(D) Filing.
All papers, after the initial complaint, required to be served
				upon a party shall be filed with commission staff in the same manner as
				required by Ohio Civil Rule 5(D), unless otherwise ordered by the commission.
Eff 10-31-74;
				12-31-82; 8-19-85; 7-1-88; 5-2-96
Rule promulgated under: RC
				119.03
Rule authorized by: RC 3517.152
Rule amplifies: RC
				3517.153, 3517.154 111:1-1-03 111:1-1-20 111:1-1-21
Ohio Administrative Code › Title 3517 - Ohio Elections Commission › Chapter 3517-1 - Proceedings Before the Ohio Elections Commission › Section 3517-1-05 - Organization of commission panels and meetings

Current through all regulations passed and filed through July 1, 2024
(A) Commission panels
(1) Organization of panels
(a) Members of panels shall be chosen by the
			 chair of the commission. Members may participate in more than one panel at any
			 time.
(b) A panel shall be made up
			 of at least three members of the commission.
(c) Not more than one-half of the members of
			 any panel shall be affiliated with the same political party.
(d) Members of a panel shall choose a person
			 to act as chair of that panel.
(e)
			 Multiple panels may be appointed and take action at the same time.
(f) Panels shall be reconstituted at the
			 discretion of the chair.
Ohio Administrative Code › Title 3517 - Ohio Elections Commission › Chapter 3517-1 - Proceedings Before the Ohio Elections Commission › Section 3517-1-07 - Pleadings and Motions

Current through all regulations passed and filed through July 1, 2024
(A) Unless otherwise permitted or required by
			 these rules, pleadings and motions shall conform to Ohio Civil Rules 7;
			 8(A)-(F) and (H); 9(A)-(F); 10; 11; 12; 13(A) and (E)-(H); 14; 15(A-(D); 16(1),
			 (2), (4), (5), (7)-(10) and last paragraph. Upon application to and approval of
			 staff attorney to the commission, permissive joinder pursuant to Ohio Civil
			 Rule 13(B) may be allowed.
(B)
			 Staff attorney to the commission may, in the sole discretion of the staff
			 attorney, consolidate cases involving substantially similar parties and issues.
Eff 8-19-85;
				5-2-96
Rule promulgated under: RC 119.03
Rule authorized
				by: RC 3517.152
Rule amplifies: RC 3517.153, 3517.154 111:1-1-17
Ohio Administrative Code › Title 3517 - Ohio Elections Commission › Chapter 3517-1 - Proceedings Before the Ohio Elections Commission › Section 3517-1-08 - Parties

Current through all regulations passed and filed through July 1, 2024
(A) Parties shall
			 be designated as complainant(s) and respondent(s),
			 cross-complainant(s)/respondent(s), counter-complainant(s)/respondent(s) and
			 third-party complainant(s)/respondent(s).
(B) Unless otherwise permitted or required by
			 these rules, Ohio Civil Rules 18(A); 19(A)-(D); 20(A); 21; and 25(A)-(B) shall
			 apply to proceedings before the commission.
(C) Staff attorney to the commission may, in
			 the sole discretion of the staff attorney, consolidate cases involving
			 substantially similar parties and issues.
Eff 10-31-74;
				1-20-77; 12-31-82; 8-19-85; 5-2-96
Rule promulgated under: RC
				119.03
Rule authorized by: RC 3517.152
Rule amplifies: RC
				3517.153, 3517.154 111:1-1-02 111:1-1-17
Ohio Administrative Code › Title 3517 - Ohio Elections Commission › Chapter 3517-1 - Proceedings Before the Ohio Elections Commission › Section 3517-1-09 - Discovery

Current through all regulations passed and filed through July 1, 2024
(A) Prior to
			 availing themselves of the powers of the commission to compel discovery, a
			 party shall reasonably submit to the request of another party and produce the
			 necessary documents, information or other discovery items without the
			 intervention of commission staff or by use of any of the powers available to
			 the commission. If such efforts fail, an aggrieved party may petition the
			 commission to compel the necessary discovery.
(B) Staff attorney to the commission shall
			 have authority to do all acts in furtherance of the intents, purposes, and
			 procedures set forth herein, except sanctions may only be imposed by the full
			 commission.
(C) Unless otherwise
			 permitted or required by these rules, Ohio Civil Rules 26(A), except that
			 inspection of real property and physical/mental examinations shall not be
			 allowed, (B)(1), (3)(4); and (C)-(E); 27(A), (C)-(G); 28; 29; 30; 31; 32; 33;
			 34; 36 and 37 shall apply to proceedings before the commission. All discovery
			 subpoenas shall be served by the requesting party as provided in paragraph (B)
			 of rule
			 3517-1-04
			 of the Administrative Code.
Eff 7-1-88;
				5-2-96
Rule promulgated under: RC 119.03
Rule authorized
				by: RC 3517.152
Rule amplifies: RC 3517.152 to 3517.155 111:1-1-21
Ohio Administrative Code › Title 3517 - Ohio Elections Commission › Chapter 3517-1 - Proceedings Before the Ohio Elections Commission › Section 3517-1-10 - Expedited hearings

Current through all regulations passed and filed through July 1, 2024
(A) Upon the filing of a complaint which is
			 required to receive or eligible for an expedited hearing, staff attorney to the
			 commission shall make the necessary determination and notify complainant of
			 said determination and the date and time of the probable cause panel meeting,
			 by use of the means outlined in paragraph (C) of rule
			 3517-1-03
			 of the Administrative Code.
(B)
			 Commission staff shall also use its best efforts to notify the respondent or
			 respondents of any complaint which is to receive an expedited hearing of the
			 determination and the date and time of the probable cause panel meeting.
			 However, failure to notify the respondent(s) shall not delay or necessitate the
			 continuance of any probable cause panel meeting scheduled in compliance with
			 these rules and the Revised Code.
(C) The probable cause panel meeting shall be
			 held within two business days of the determination by the staff attorney to the
			 commission that an expedited hearing is proper. However, if good cause is shown
			 that establishes that fairness and equity for all parties will be met, such
			 meeting may be extended by the staff attorney to the commission to such date
			 that is not later than seven business days after the date of filing of the
			 complaint. Further continuances may be granted by staff attorney to the
			 commission, the commission chair or the panel chair when a request is made by
			 or on behalf of all parties to the complaint. In no event shall a continuance
			 be granted which would extend the time for a meeting beyond that allowed by
			 statute.
(D) At the probable cause
			 panel meeting:
(1) The panel shall not hear
			 arguments, receive evidence or take testimony unless:
(a) All parties (whether pro se or through
			 counsel) have filed a stipulation agreeing to such procedure and a majority of
			 panel members, in their sole discretion, agree to do so; or
(b) Any panel member wishes to request
			 specific information which will aid in a proper determination of the matter.
Ohio Administrative Code › Title 3517 - Ohio Elections Commission › Chapter 3517-1 - Proceedings Before the Ohio Elections Commission › Section 3517-1-11 - Preliminary review and hearing

Current through all regulations passed and filed through July 1, 2024
(A) Preliminary review.
All cases not subject to the provisions of rule
				3517-1-10 of
				the Administrative Code shall be subject to the following provisions. A
				preliminary review of the allegations shall be held by a probable cause panel
				or the full commission, at the discretion of the staff attorney to the
				commission. At the preliminary review stage, the body hearing the case shall
				review all pleadings, evidence, and motions before it to determine
				jurisdiction, sufficiency of the complaint, and whether probable cause exists
				for the full commission to determine whether a violation of Ohio election law
				has occurred.
(1) At the preliminary
			 review stage of the proceedings, the body hearing the case shall not hear
			 arguments, receive evidence or take testimony unless:
(a) All parties (whether pro se or through
			 counsel) have filed a stipulation agreeing to such procedure and a majority of
			 members present, in their sole discretion, agree to do so; or
(b) Any member wishes to request specific
			 information which will aid in a proper determination of the matter at the
			 preliminary review stage.
Ohio Administrative Code › Title 3517 - Ohio Elections Commission › Chapter 3517-1 - Proceedings Before the Ohio Elections Commission › Section 3517-1-12 - Open meetings

Current through all regulations passed and filed through July 1, 2024
All meetings of the commission shall be conducted pursuant to
				section 121.22 of the Revised Code, the
				Ohio Sunshine Law, as may be amended from time to time, and a stenographic
				recording shall be made of all proceedings of the commission, whether before a
				panel of the commission or the full commission.
Eff 1-23-76;
				12-31-82; 8-19-85; 5-2-96
Rule promulgated under: RC
				119.03
Rule authorized by: RC 3517.152
Rule amplifies: RC
				3517.152 111:1-1-19
Ohio Administrative Code › Title 3517 - Ohio Elections Commission › Chapter 3517-1 - Proceedings Before the Ohio Elections Commission › Section 3517-1-13 - Frivolous complaints and attorneys fees

Current through all regulations passed and filed through July 1, 2024
(A) In any action before the commission,
			 whether before a panel of the commission or the full commission, if the
			 allegations of the person who filed the complaint are not proved, the
			 commission may find that the complaint is frivolous and may order the
			 complainant to pay costs. Such costs paid to the commission shall be deposited
			 in the Ohio elections commission fund as established in division (E)(2)(b) of
			 section 3517.102 of the Revised Code.
(B) In those instances in the
			 Revised Code where the commission may assess attorneys fees, the commission may
			 hold a hearing to establish the reasonableness of such fees, and the party
			 against whom the finding is made shall pay such fees. Payment shall be made as
			 directed by the commission.
Eff 12-31-82;
				8-19-85; 5-2-96
Rule promulgated under: RC 119.03
Rule
				authorized by: RC 3517.02
Rule amplifies: RC 3517.155, 3517.156
				111:1-1-18
Ohio Administrative Code › Title 3517 - Ohio Elections Commission › Chapter 3517-1 - Proceedings Before the Ohio Elections Commission › Section 3517-1-15 - Reconsideration of commission decisions

Current through all regulations passed and filed through July 1, 2024
(A) No party adversely effected by a finding
			 of the commission may request reconsideration of that finding unless the
			 commission has included a provision which specifically authorizes the
			 commission to reconsider its finding.
(B) Any party adversely effected by a finding
			 of the commission which contains such a provision may request reconsideration
			 of the finding by submitting a letter requesting that the commission reconsider
			 its finding within ten days of the mailing of the notice of disposition by
			 commission staff.
(C) In order to
			 assure just results, staff attorney to the commission may recommend that the
			 commission reconsider a finding if, in the reasonable discretion of the staff
			 attorney, that finding of the commission did not give proper due process or
			 imposed an undue burden on a party before the commission. However, no
			 reconsideration shall be recommended under this provision and the commission
			 shall not reconsider any finding after a date which is one year after the date
			 on which the commission made its finding.
Eff 5-2-96
Rule promulgated under: RC 119.03
Rule authorized by: RC
				3517.152
Rule amplifies: RC
				3517.152
Ohio Administrative Code › Title 3517 - Ohio Elections Commission › Chapter 3517-1 - Proceedings Before the Ohio Elections Commission › Section 3517-1-16 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A) "Standard of proof" means, with respect
			 to alleged violations of sections
			 3517.08
			 to
			 3517.13,
			 3517.17,
			 ,
			 3517.20,
			 3599.03,
			 and
			 3599.031
			 of the Revised Code, "preponderance of evidence"; and with respect to sections
			 3517.21
			 and
			 3517.22
			 of the Revised Code, "clear and convincing evidence."
(B) "Affidavit" means a sworn statement
			 verified and sealed by a notary public and including as a portion of the jurat
			 the following language, "sworn to and subscribed in my presence" and in a form
			 substantially in accordance with section
			 2935.19 of the
			 Revised Code.
(C) "Complainant(s)"
			 means the person(s) making the complaint
(D) "Respondent(s)" means the person(s)
			 alleged to have violated Ohio election law.
(E) "Filed" means the date and time when an
			 item is received by the staff of the commission, and the placement of a stamp
			 acknowledging receipt by the commission on the documents, filed in the
			 designated commission office during the normal business hours of the commission
			 or at any meeting held by the commission. Filing may also include the
			 transmission to the commission office by any electronic or other means at the
			 discretion of the staff attorney to the commission, as long as the original of
			 such transmitted document is timely received in the commission
			 office.
(F) "Costs" of the
			 commission shall include but not be limited to the following expenses:
(1) Copying charges of any document filed
			 with the commission or produced by the commission for use in the
			 case;
(2) Mailing charges for any
			 notice or letter sent;
(3) Delivery
			 charges incurred in notifying and informing commission members;
(4) Expenses incurred by a commission member
			 for attending the meeting;
(5)
			 Services of a court reporter;
(6)
			 Any rental charges incurred for any reason directly allocable to the
			 case;
(7) Subpoena fees and charges
			 whether incurred by the commission or on behalf of the commission;
(h8 Reasonable attorney fees as determined by
			 the commission and as allowed by the Revised
			 Code.