Ohio Administrative Code › Title 109:8 - Tobacco Unit › Chapter 109:8-1 - Tobacco Products Manufacturer Escrow Accounts › Section 109:8-1-02 - Tobacco product manufacturers directory

Current through all regulations passed and filed through July 1, 2024
(A) In exercising the discretion granted by
			 section
			  1346.05(A)(4)(b)   and section
			  1346.05(B)(2)   of the Revised Code, the Attorney General
			 may consider the following:
(1) Whether the
			 entity tendering a certification request is a tobacco product manufacturer;
(2) Completeness, or lack thereof,
			 of the certification request made by the tobacco product manufacturer;
(3) Whether the tobacco product
			 manufacturer has provided all requested documents supporting its certification
			 request;
(4) Whether the
			 certification request is based on misrepresentation, false information,
			 nondisclosure or concealment of facts;
(5) Whether the tobacco product manufacturer
			 is in full compliance with all provisions of local, state and federal Law,
			 including but not limited to the provisions of section
			  5743.21 
			 and section
			  2927.02 
			 of the Revised Code;
(6) Whether
			 the tobacco product manufacturer, predecessor of the tobacco product
			 manufacturer, or previous manufacturer of the brand is the subject of an
			 injunction obtained by the State of Ohio for previous failure to comply with
			 sections
			  1346.01 
			 through
			  1346.10 
			 of the Revised Code;
(7) Whether
			 the tobacco product manufacturer has failed to fully fund a qualified escrow
			 fund approved by the Attorney General;
(8) Whether all final judgments and
			 penalties, including interest, costs and attorney fees thereon, in favor of the
			 State of Ohio, for violation of any Ohio statute, administrative rule or other
			 law, including but not limited to violations of sections
			  1346.01 
			 through
			  1346.10 
			 of the Revised Code, have been fully satisfied for the brand family, or tobacco
			 product manufacturer;
(9) Whether
			 the tobacco product manufacturer has corrected deficiencies in its
			 certification request or criteria set forth in this section in a timely and
			 thorough manner;
(10) Whether the
			 tobacco product manufacturer has complied in a timely and thorough manner with
			 any request by the Attorney General for additional information or documentation
			 supporting its certification request or the criteria set forth in this section;
(11) Whether the tobacco product
			 manufacturer is owned, either all or in part, by a person or entity with a
			 current or prior interest in any other tobacco product manufacturer that is, or
			 has been, not in compliance with sections
			  1346.01 
			 through
			  1346.10 
			 of the Revised Code or is the subject of an injunction obtained by the State of
			 Ohio for failure to comply with sections
			  1346.01 
			 through
			  1346.10 
			 of the Revised Code;
(12) Whether
			 the tobacco product manufacturer is managed or operated by a person with a
			 current or prior interest in any other tobacco product manufacturer that is, or
			 has been, not in compliance with sections
			  1346.01 
			 through
			  1346.10 
			 of the Revised Code or is the subject of an injunction obtained by the State of
			 Ohio for failure to comply with sections
			  1346.01 
			 through
			  1346.10 
			 of the Revised Code; and
(13) Any
			 other facts or circumstances the Attorney General determines are relevant.