reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3775 - Ohio Casino Control Commission - Sports Gaming › Chapter 3775-16 - General Sports Gaming Proprietor Duties › Section 3775-16-12 - Sports governing body prohibited persons; compliance with division (F) of 3775.13 of the REvised Code.

Current through all regulations passed and filed through July 1, 2024
(A)
								As enumerated, described, and defined in division (F)
			 of section 3775.13 of the Revised Code:
(1)
									A sports gaming
			 proprietor must employ commercially reasonable methods to prevent any person
			 involved in a sporting event with respect to which sports gaming is permitted
			 from engaging in any sports gaming with the sports gaming proprietor, based on
			 publicly available information and any information garnered under paragraph
			 (A)(2) of this rule.
(2)
									A sports governing body must have a procedure for
			 providing to the commission a list of persons who are involved in sporting
			 events, including those persons' full legal names, dates of birth, and social
			 security numbers, for the purpose of preventing those persons from engaging in
			 sports gaming. The commission will make the list available to each sports
			 gaming proprietor and to the state lottery commission. The Ohio casino control
			 commission, the state lottery commission, and each sports gaming proprietor
			 must keep the information in the list confidential.
(3)
									A person is
			 considered to be involved in a sporting event if the person is an athlete,
			 participant, coach, referee, team owner, or sports governing body with respect
			 to the sporting event; any agent or employee of such an athlete, participant,
			 coach, referee, team owner, or sports governing body; and any agent or employee
			 of an athlete, participant, or referee union with respect to the sporting
			 event.
Ohio Administrative Code › Title 3775 - Ohio Casino Control Commission - Sports Gaming › Chapter 3775-16 - General Sports Gaming Proprietor Duties › Section 3775-16-13 - Sports governing body data requests

Current through all regulations passed and filed through July 1, 2024
(A)
								A sports governing body may request anonymized sports
			 gaming data from a sports gaming proprietor if the sports governing body
			 believes that the integrity of one of its sporting events is in question. This
			 request must be appropriately tailored and must include:
(1)
									The name of the
			 sports governing body;
(2)
									The contact information of an individual who the sports
			 gaming proprietor or commission may contact if additional information is
			 needed;
(3)
									The particular sporting event or events at
			 issue;
(4)
									The data requested, including the specific data types
			 or fields;
(5)
									A brief description of the reason for the sports
			 governing body's belief and how the data requested will be of
			 assistance;
(6)
									Procedures for how the sports governing body will
			 protect the confidentiality of the data; and
(7)
									Any other
			 information that may be requested on a specified form.
Ohio Administrative Code › Title 3775 - Ohio Casino Control Commission - Sports Gaming › Chapter 3775-16 - General Sports Gaming Proprietor Duties › Section 3775-16-14 - State university data requests

Current through all regulations passed and filed through July 1, 2024
(A)
								A state university, as defined in section
			 3345.011
			 of the Revised Code, may submit a request to receive anonymized data from a
			 sports gaming proprietor. Valid requests must clearly fulfill one of the
			 following purposes and must be appropriately tailored for the stated
			 purpose:
(1)
									To
			 assist the commission, at the request of the executive director, in ensuring
			 the integrity of sports gaming; or
(2)
									To improve
			 state-funded services related to responsible gambling and problem
			 gambling.
Ohio Administrative Code › Title 3775 - Ohio Casino Control Commission - Sports Gaming › Chapter 3775-16 - General Sports Gaming Proprietor Duties › Section 3775-16-15 - Information technology

Current through all regulations passed and filed through July 1, 2024
(A)
								Sports gaming proprietors must maintain an information
			 technology department that is responsible for the quality, reliability, and
			 accuracy of all electronic systems used in the operation.
(B)
								Each sports
			 gaming proprietor must maintain IT security insurance as approved by the
			 executive director.
(C)
								Sports gaming proprietors must ensure that duties in
			 the information technology department are adequately segregated and monitored
			 to detect procedural errors, unauthorized access to financial transactions and
			 assets, and to prevent the concealment of fraud.
(D)
								The information
			 technology environment and infrastructure must be maintained in a secured
			 physical location that is restricted to authorized employees.
(E)
								Sports gaming
			 proprietors must adopt procedures for responding to, monitoring, investigating,
			 resolving, documenting, and reporting security incidents associated with
			 information technology systems.
Ohio Administrative Code › Title 3775 - Ohio Casino Control Commission - Sports Gaming › Chapter 3775-16 - General Sports Gaming Proprietor Duties › Section 3775-16-16 - Security and safety of confidential information

Current through all regulations passed and filed through July 1, 2024
(A)
								Sports gaming proprietors must maintain and make
			 available to patrons a privacy policy governing its use and storage of patron
			 confidential information.
(B)
								Sports gaming proprietors must ensure compliance with
			 applicable state and federal requirements and industry standards for protecting
			 the privacy and security of sports gaming patrons and their
			 accounts.
Ohio Administrative Code › Title 3775 - Ohio Casino Control Commission - Sports Gaming › Chapter 3775-16 - General Sports Gaming Proprietor Duties › Section 3775-16-17 - Incident reporting

Current through all regulations passed and filed through July 1, 2024
(A)
								Sports gaming proprietors must immediately report to
			 the commission in a manner prescribed by the executive director, any
			 information in the sports gaming proprietor's possession related to any of the
			 following:
(1)
									Any wager in violation of Chapter 3775. of the Revised Code
			 or the rules adopted thereunder or of federal law;
(2)
									Any conduct that
			 corrupts a betting outcome of a sporting event for purposes of financial
			 gain;
(3)
									Any IT security breach or other compromising IT
			 risk;
(4)
									Any breaches of confidentiality of a patron's personal
			 information;
(5)
									Any physical security breach or other compromising risk
			 to patrons, employees, or the commission; and
(6)
									Any other
			 incident type required by the executive director.
Ohio Administrative Code › Title 3775 - Ohio Casino Control Commission - Sports Gaming › Chapter 3775-16 - General Sports Gaming Proprietor Duties › Section 3775-16-18 - Accounting and revenue audit

Current through all regulations passed and filed through July 1, 2024
(A)
								Each sports gaming proprietor must have procedures and
			 systems for the preparation, use, and maintenance of complete, accurate, and
			 legible accounting and gaming records, which must include all
			 transactions.
(B)
								All books, forms, records, documents, and data
			 submitted to the commission must have the name of the entity, date of
			 completion, and the title of the book, form, record, document, or stored
			 data.
(C)
								General accounting records must be maintained on a
			 double-entry system of accounting with transactions recorded on a basis
			 consistent with generally accepted accounting principles.
(D)
								Each sports
			 gaming proprietor must comply with Chapter 5753. of the Revised Code and with
			 any requests of the tax commissioner.
(E)
								Each sports
			 gaming proprietor must have documented revenue audit procedures. Documentation
			 must be maintained evidencing the performance of all revenue audit procedures,
			 any exceptions noted, and follow-up of all exceptions. The executive director
			 will prescribe the method of documentation and may require additions or
			 modifications to revenue audit procedures.
Ohio Administrative Code › Title 3775 - Ohio Casino Control Commission - Sports Gaming › Chapter 3775-16 - General Sports Gaming Proprietor Duties › Section 3775-16-19 - Internal audit

Current through all regulations passed and filed through July 1, 2024
(A)
								Sports gaming proprietors must maintain one of the
			 following to annually assess compliance with sports gaming law:
(1)
									A separate
			 internal audit department which is independent of the sports gaming operation
			 and may be the internal audit department of a parent entity of the sports
			 gaming proprietor; or
(2)
									A contracted third party independent registered
			 certified public accounting firm licensed to practice in this state, whose name
			 and lead audit partner or other person responsible for the engagement are
			 reported to the commission before the start of the engagement.
Ohio Administrative Code › Title 3775 - Ohio Casino Control Commission - Sports Gaming › Chapter 3775-16 - General Sports Gaming Proprietor Duties › Section 3775-16-20 - External audits and other reports

Current through all regulations passed and filed through July 1, 2024
(A)
								Each sports gaming proprietor, excluding an appointing
			 professional sports organization; mobile management services provider; and
			 management services provider must have its annual financial statements audited
			 by an independent registered certified public accounting firm licensed to
			 practice in this state. The audit must be in accordance with generally accepted
			 auditing standards and, when applicable, the standards of the accountancy
			 board. The sports gaming proprietor, mobile management services provider, or
			 management services provider must report to the commission the name of the
			 independent registered certified public accounting firm as well as the lead
			 audit partner or other individual taking primary responsibility for the
			 financial statement audit engagement before the start of the
			 engagement.
(B)
								The lead audit partner or other individual taking
			 primary responsibility for the financial statement audit engagement may serve a
			 maximum of five years in such a position before being required to rotate off
			 the engagement.
(C)
								The annual financial statements audit must be prepared
			 on a comparative basis for the current and prior fiscal years and present
			 financial position and results of operations in conformity with generally
			 accepted accounting principles.
(D)
								The audit
			 required by paragraph (A) of this rule must be filed with the commission, in a
			 format determined by the executive director, within one hundred twenty days
			 following the end of the fiscal year.
(E)
								Each sports
			 gaming proprietor must contract with an independent third party to perform an
			 IT audit. The third party must be approved by the executive director as
			 qualified, independent, and capable of performing the audit. The audits must be
			 performed, and a copy of the report provided to the commission, within ninety
			 days of commencing initial operations and at least once each calendar year. The
			 audit and corresponding report must assess the following:
(1)
									The design,
			 controls, maintenance, and security of the sports gaming proprietor's IT
			 systems;
(2)
									The sports gaming proprietor's compliance with the IT
			 and sports gaming system requirements of this chapter; and
(3)
									Any other subject
			 required by the executive director.
Ohio Administrative Code › Title 3775 - Ohio Casino Control Commission - Sports Gaming › Chapter 3775-16 - General Sports Gaming Proprietor Duties › Section 3775-16-21 - Patron complaints

Current through all regulations passed and filed through July 1, 2024
(A)
								Whenever a sports gaming proprietor refuses payment of
			 alleged winnings to a patron or there is otherwise a dispute with a patron
			 regarding their patron account, wagers, wins, or losses from sports gaming, and
			 the sports gaming proprietor and the patron are unable to resolve the dispute
			 to the satisfaction of the patron, the sports gaming proprietor must notify the
			 patron of their right to file a written complaint. The notice, which may be
			 satisfied by directing a patron to information housed on the sports gaming
			 proprietor's website or application, must include the procedure for filing a
			 written complaint and the sports gaming proprietor's complaint resolution
			 process.
(B)
								Upon receipt of a written complaint, the sports gaming
			 proprietor must investigate and provide a written response to the patron within
			 ten business days. If a sports gaming proprietor needs additional time to
			 investigate or resolve a complaint beyond the ten business days, the patron
			 must be notified of the need for additional time and be given an expected time
			 frame in which the complaint may be resolved. The ultimate response may include
			 a statement that if the dispute is not resolved to the satisfaction of the
			 patron, the patron may submit their complaint in writing to the
			 commission.
Ohio Administrative Code › Title 3775 - Ohio Casino Control Commission - Sports Gaming › Chapter 3775-17 - Type A Sports Gaming Proprietor-Specific Duties › Section 3775-17-01 - Location-based technology

Current through all regulations passed and filed through July 1, 2024
(A)
								Type A sports
			 gaming proprietors must utilize a geofence system maintained and monitored by a
			 licensed location-based technology provider, as described in rule 3775-9-03 of
			 the Administrative Code, to dynamically monitor the geolocation of patrons
			 attempting to place sports gaming wagers.
(B)
								Type A sports
			 gaming proprietors must report to the commission the name of the licensed
			 location-based technology provider it will use to ensure compliance with the
			 requirements of Chapter 3775. of the Revised Code and the rules adopted
			 thereunder.
(C)
								The location-based technology provider must perform a
			 geolocation check to dynamically monitor the patron's location throughout a
			 patron's placement of sports gaming wagers with a type A proprietor in
			 accordance with the requirements of rule 3775-9-03 of the Administrative
			 Code.
(D)
								If the location-based technology provider determines
			 that a patron is not located in the State, the patron must be blocked from
			 placing wagers by the type A sports gaming proprietor.
(E)
								Type A sports
			 gaming proprietors must implement a notification mechanism to alert patrons of
			 a geolocation check failure.
(F)
								Type A sports
			 gaming proprietors or the location-based technology provider must have the
			 geofence system tested for compliance with Chapter 3775. of the Revised Code
			 and the rules adopted thereunder before being approved to offer wagering in the
			 state and at any other time as required by the executive director.
			 Documentation of the test parameters and results must be submitted to the
			 commission for review upon completion of each test.
Ohio Administrative Code › Title 3775 - Ohio Casino Control Commission - Sports Gaming › Chapter 3775-18 - Type B Sports Gaming Proprietor-Specific Duties › Section 3775-18-01 - Sports gaming facility design and inspections

Current through all regulations passed and filed through July 1, 2024
(A)
								A type B sports
			 gaming proprietor may not operate a sports gaming facility without the approval
			 of the executive director.
(B)
								A type B sports
			 gaming proprietor must submit a design plan including a detailed description
			 and map of the proposed sports gaming facility to the commission for approval
			 prior to the initial opening of the sports gaming facility. The design plan
			 must show the proposed placement of the following features, as
			 applicable:
(1)
									Sports gaming cashiering windows or cages;
(2)
									Sports gaming
			 vaults;
(3)
									Automated cash management system
			 equipment;
(4)
									Self-service sports gaming terminals;
(5)
									Security
			 stations;
(6)
									Surveillance equipment; and
(7)
									Any other
			 information required by the executive director.
Ohio Administrative Code › Title 3775 - Ohio Casino Control Commission - Sports Gaming › Chapter 3775-18 - Type B Sports Gaming Proprietor-Specific Duties › Section 3775-18-02 - Sports gaming facility security

Current through all regulations passed and filed through July 1, 2024
(A)
								A type B sports
			 gaming proprietor must have procedures for providing security in the sports
			 gaming facility. The procedures must include plans for the following:
(1)
									The physical
			 safety of employees and patrons in the sports gaming facility;
(2)
									The physical
			 safeguarding of assets;
(3)
									The physical safeguarding of assets transported to,
			 from, and within the sports gaming facility;
(4)
									The means by
			 which access to assets, sports gaming equipment, or the sensitive areas will be
			 controlled in accordance with paragraphs (C) and (D) of this
			 rule;
(5)
									Security training; and
(6)
									Security
			 staffing.
Ohio Administrative Code › Title 3775 - Ohio Casino Control Commission - Sports Gaming › Chapter 3775-18 - Type B Sports Gaming Proprietor-Specific Duties › Section 3775-18-03 - Sports gaming facility surveillance

Current through all regulations passed and filed through July 1, 2024
(A)
								A type B sports
			 gaming proprietor must install, maintain, and operate a surveillance system
			 that meets the specifications of this chapter.
(B)
								The surveillance
			 system must include components that meet or exceed the following requirements
			 or listed features:
(1)
									Installation which prevents obstruction, tampering, or
			 disabling;
(2)
									Data storage redundancy to prevent the loss of any
			 data;
(3)
									Recording date and time stamped on all digital
			 recordings and visible on all monitors based on a synchronized and accurate
			 clock;
(4)
									The ability to provide exported copies of video, audio
			 (if applicable), and image recordings. The system must include a mechanism for
			 authenticating exported recordings;
(5)
									Audible and
			 visual notification of any failure of recording;
(6)
									Secure and
			 separated from other systems, either entirely or by appropriate firewalls, so
			 that information from the surveillance system is restricted;
(7)
									Reformat and
			 erase capabilities must be restricted to appropriate personnel;
(8)
									Access must be
			 limited to commission personnel and users authorized by the proprietor and must
			 be secured by unique user identification and a confidential password;
			 and
(9)
									Passwords must be specific to each user and must be
			 changed at least every thirty days.
Ohio Administrative Code › Title 3775 - Ohio Casino Control Commission - Sports Gaming › Chapter 3775-18 - Type B Sports Gaming Proprietor-Specific Duties › Section 3775-18-04 - Sports gaming facility cashiering

Current through all regulations passed and filed through July 1, 2024
(A)
								Each type B
			 sports gaming proprietor must have the following procedures for conducting
			 cashiering activities in the sports gaming facility:
(1)
									How cashiering
			 activities will be staffed and supervised;
(2)
									The drop and
			 reconciliation of self-service sports gaming terminals; and
(3)
									How variances
			 will be documented and investigated, including the variance amount considered
			 by the type B sports gaming proprietor to be material and at which variances
			 exceeding the stated amount will be investigated. The materiality level
			 selected by the sports gaming proprietor must be equal to or less than one
			 thousand dollars per variance incident.
Ohio Administrative Code › Title 3775 - Ohio Casino Control Commission - Sports Gaming › Chapter 3775-18 - Type B Sports Gaming Proprietor-Specific Duties › Section 3775-18-05 - Sports gaming facility restrictions

Current through all regulations passed and filed through July 1, 2024
(A)
								A type B sports
			 gaming proprietor may only accept wagers from individuals physically present at
			 the sports gaming facility and not known to be included on any exclusion or
			 prohibited lists.
(B)
								A type B sports gaming proprietor must submit and
			 maintain procedures designed to detect and prohibit underage individuals or
			 voluntarily or involuntarily excluded individuals from entering the sports
			 gaming facility, including the digital examination of the patron's identity
			 using identification verification software approved by the executive
			 director.
(C)
								A type B sports gaming proprietor must establish an
			 anonymous wager threshold, which in no case may exceed one thousand dollars.
			 Wagers exceeding the anonymous wager threshold must be made through the use of
			 a sports gaming account established with the type B sports gaming proprietor in
			 accordance with Chapter 3775. of the Revised Code and the rules adopted
			 thereunder.
(D)
								A type B sports gaming proprietor must have procedures
			 designed to identify and refuse wagers for patrons attempting to make multiple
			 wagers to avoid establishing a sports gaming account, as required by this
			 rule.
(E)
								A type B sports gaming proprietor must have procedures
			 for managing incidents in which an individual described in paragraph (B) of
			 this rule attempts to enter the sports gaming facility or place a
			 wager.
(F)
								A type B sports gaming proprietor must have procedures
			 for complying with division (C) of section
			 3775.12
			 of the Revised Code.
Ohio Administrative Code › Title 3775 - Ohio Casino Control Commission - Sports Gaming › Chapter 3775-19 - Type C Sports Gaming Proprietor-Specific Duties › Section 3775-19-01 - Type C proprietor duties

Current through all regulations passed and filed through July 1, 2024
(A)
								Type C sports
			 gaming proprietors must only comply with this rule, Chapter 3775-1, and rules
			 3775-4-04 and 3775-4-99 of the Administrative Code.
(B)
								A type C sports
			 gaming proprietor who wishes to install more than two terminals in any type C
			 gaming host facility must submit a request to the commission, in a manner
			 prescribed by the executive director, no later than seven days before the
			 planned installation. The executive director may disallow the installment if it
			 would undermine the integrity of sports gaming in this state.
(C)
								A type C sports
			 gaming proprietor must notify the commission, in a manner prescribed by the
			 executive director, of any changes in which type C gaming host facilities it
			 intends to conduct sports gaming.
(D)
								Type C sports
			 gaming proprietors must comply with any sports gaming rules adopted by the
			 state lottery commission under Chapters 3770. and 3775.of the Revised
			 Code.
(E)
								In addition to any contractual remedies the state
			 lottery commission may pursue, failure of a type C sports gaming proprietor to
			 adhere to Chapter 3770. or 3775. of the Revised Code or any applicable rules
			 adopted thereunder may subject the type C proprietor to sanctions under section
			 3772.04
			 of the Revised Code and rule 3775-1-08 of the Administrative
			 Code.
Ohio Administrative Code › Title 3796:2 - Cultivators › Chapter 3796:2-1 - Licensing; Certificates of Operation › Section 3796:2-1-01 - Number of cultivator provisional licenses

Current through all regulations passed and filed through July 1, 2024
(A)
								Until September
			 8, 2018, the director of the department of commerce or the director's designee
			 may issue up to twelve level I and twelve level II cultivator provisional
			 licenses, in consideration of the ranking of the applicants in accordance with
			 the criteria listed in section
			 3796.09 of the Revised Code and
			 this chapter.
(B)
								Beginning September 9, 2018, and in accordance with
			 section 3796.05 of the Revised Code, the
			 director or the director's designee may issue additional cultivator provisional
			 licenses, if the population of this state and the number of patients seeking to
			 use medical marijuana support additional licenses, at the discretion of the
			 director.
(C)
								In the event additional cultivator provisional licenses
			 are deemed necessary, the department will follow the application procedures
			 outlined in rule
			 3796:2-1-02
			 of the Administrative Code and this chapter.
Ohio Administrative Code › Title 3796:2 - Cultivators › Chapter 3796:2-1 - Licensing; Certificates of Operation › Section 3796:2-1-03 - Cultivator application review

Current through all regulations passed and filed through July 1, 2024
(A)
								The department,
			 an independent contractor selected by the department, or a combination of the
			 two shall review the submitted applications as described in this chapter and
			 the application instructions. In order to receive consideration under paragraph
			 (B) of this rule, an applicant shall:
(1)
									 Demonstrate
			 sufficient liquid capital pursuant to rule
			 3796:2-1-02
			 of the Administrative Code and an ability to meet the financial responsibility
			 requirements under rule
			 3796:2-1-05
			 of the Administrative Code;
(2)
									Certify in
			 writing at the time of application that an owner or prospective owner, officer
			 or prospective officer, board member or prospective board member, administrator
			 or prospective administrator, employee or prospective employee, agent, or other
			 person has not been:
(a)
										Convicted of a disqualifying offense, as defined in
			 rule
			 3796:1-1-01 of the
			 Administrative Code; or
(b)
										Issued a certificate to recommend or applied for
			 certification under section
			 4731.30 of the Revised
			 Code;
(3)
									Verify that the proposed facility is not located within
			 five hundred feet of a prohibited facility, which shall be measured in
			 accordance with rule
			 3796:5-5-01
			 of the Administrative Code;
(4)
									Certify that the
			 local jurisdiction where the facility is proposed has not passed a moratorium
			 or taken other action that would prohibit the applicant from operating as a
			 medical marijuana cultivator;
(5)
									Certify that an
			 owner or prospective owner, officer or prospective officer, board member or
			 prospective board member, administrator or prospective administrator, employee
			 or prospective employee, agent, or other person who may significantly influence
			 or control the activities of the cultivator does not have an ownership or
			 investment interest, or compensation agreement with, or share any corporate
			 officers or employees with any of the following:
(a)
										 A laboratory
			 licensed under Chapter 3796. of the Revised Code; or
(b)
										An applicant for
			 a license to conduct laboratory testing under Chapter 3796. of the Revised
			 Code;
(6)
									Provide documentation sufficient to establish that the
			 applicant is in compliance with the applicable tax laws of this state and any
			 jurisdiction where the applicant operates and conducts business;
			 and
(7)
									Submit an application with the applicable fee under
			 rule
			 3796:5-1-01 of the
			 Administrative Code that does not contain information that misleads the
			 department, misrepresents a material fact, or is received after the established
			 application submission period established under paragraph (A) of rule
			 3796:2-1-02
			 of the Administrative Code.
Ohio Administrative Code › Title 3796:2 - Cultivators › Chapter 3796:2-1 - Licensing; Certificates of Operation › Section 3796:2-1-04 - Cultivator provisional license award

Current through all regulations passed and filed through July 1, 2024
(A)
								A provisional
			 license shall be issued to the level I and level II qualified applicants
			 receiving at least the minimum required score in each category and the highest
			 total score overall as compared to the other applicants.
(B)
								In the event that
			 two or more qualified applicants for a cultivator provisional license received
			 the same total score, and awarding a provisional license to all tied applicants
			 would violate paragraph (A) of rule
			 3796:2-1-01
			 of the Administrative Code, the department shall select the applicant that
			 received the highest score in the operations plan category. In the event that
			 the same applicants received the same score in the operations plan category,
			 the department shall select the applicant that received the highest score in
			 the security plan category. If a tie score still remains, the tied applicants
			 will be interviewed by an unbiased panel selected by the
			 department.
(C)
								If no qualified applicants are found during the process
			 described in rule
			 3796:2-1-03
			 of the Administrative Code, a provisional licensee fails to fulfill the
			 conditions in the application, or a certificate of operation is revoked, the
			 department may, at the discretion of the director, announce another period to
			 submit applications in accordance with rule
			 3796:2-1-02
			 of the Administrative Code. If the department announces another application
			 period, a qualified applicant that submitted an application during the previous
			 application period, but was not issued a provisional license, may re-submit an
			 application and the application fee under rule
			 3796:5-1-01 of the
			 Administrative Code shall be waived.
(D)
								No person shall
			 hold or be granted more than one cultivator provisional license or cultivator
			 certificate of operation at any time. No person shall hold a financial interest
			 in or be an owner, partner, officer, director, shareholder, member, or other
			 person who may significantly influence or control the activities of more than
			 one cultivator. No corporation, partnership, limited liability partnership,
			 limited liability company, or other entity or subsidiary thereof shall hold a
			 financial interest in or be an owner, principal officer, partner, shareholder,
			 member, or other person who may significantly influence or control the
			 activities of more than one cultivator.
Ohio Administrative Code › Title 3796:2 - Cultivators › Chapter 3796:2-1 - Licensing; Certificates of Operation › Section 3796:2-1-05 - Cultivator financial responsibility

Current through all regulations passed and filed through July 1, 2024
(A)
								A provisional
			 licensee shall provide evidence of financial responsibility before a
			 certificate of operation can be issued, which may be payable to the department
			 for any of the following reasons:
(1)
									A cultivator fails to adhere to the security plan
			 approved by the department or otherwise operates the facility in a manner that
			 allows for or results in theft, loss, or diversion of medical
			 marijuana;
(2)
									A cultivator engages in activities prohibited under
			 rule
			 3796:2-2-07
			 of the Administrative Code; or
(3)
									A cultivator has
			 its certification of operation fined, suspended or revoked resulting from
			 activities prohibited under rule
			 3796:5-6-02
			 of the Administrative Code.
Ohio Administrative Code › Title 3796:2 - Cultivators › Chapter 3796:2-1 - Licensing; Certificates of Operation › Section 3796:2-1-06 - Cultivator certificate of operation

Current through all regulations passed and filed through July 1, 2024
(A) A provisional licensee is prohibited from
			 operating as a licensed cultivator and performing any cultivation or production
			 activities until a certificate of operation is issued by the department. The
			 information and plan submitted by a provisional licensee shall become mandatory
			 conditions that must be met before a certificate of operation can be
			 awarded.
(B) A provisional licensee
			 shall have nine months from the date they are notified of selection for a
			 provisional license to obtain a certificate of operation. A certificate of
			 operation shall be issued once all applicable inspections are passed, a
			 certificate of occupancy issued by the building department having jurisdiction
			 for such use is obtained, and the provisional licensee demonstrates that it
			 conforms to the specifications of the application, as well as the requirements
			 imposed by law and rules. Cultivation activities shall
			 not be agriculture for purposes of section
			 3781.061 of the Revised
			 Code. If a certificate of operation is issued, the provisional license
			 becomes null and void.
(C) The
			 department shall not award a certificate of operation to a provisional licensee
			 if the provisional licensee has not met all of the specifications in the
			 application and passed all applicable inspections under rule
			 3796:2-3-01
			 of the Administrative Code within nine months of written or electronic
			 notification of the applicant's selection for a provisional license. If the
			 provisional licensee fails to remedy the deficiencies in accordance with rule
			 3796:2-3-01
			 of the Administrative Code or otherwise satisfy the nine month time period
			 established under paragraph (B) of this rule, the director, at his or her
			 discretion, may extend the time period for the cultivator to obtain a
			 certificate of operation or take action pursuant to rule
			 3796:5-6-01
			 of the Administrative Code.
(D) In
			 addition to entities authorized to purchase medical marijuana pursuant to
			 Chapter 3796. of the Revised Code from a cultivator possessing a certificate of
			 operation, medical marijuana may be sold to a laboratory licensed under Chapter
			 4729-13 of the Administrative Code, to possess dangerous drugs and controlled
			 substances for scientific and clinical purposes.
(E) The certificate of operation, along with
			 a copy of the current certificate of occupancy for the facility and any other
			 certificate, business license, or other authorization required to conduct
			 production activities, shall be posted in a conspicuous place within the
			 facility and made available to the department and all fire code and building
			 officials upon request.
Ohio Administrative Code › Title 3796:2 - Cultivators › Chapter 3796:2-1 - Licensing; Certificates of Operation › Section 3796:2-1-07 - Uninterrupted supply of medical marijuana

Current through all regulations passed and filed through July 1, 2024
(A)
								A cultivator
			 shall ensure that a consistent supply of medical marijuana is available to be
			 sold to licensed processors and dispensaries. Evidence of a consistent supply
			 may be shown by:
(1)
									Not more than one hundred twenty days elapsing between
			 harvests of at least fifteen pounds of medical marijuana; or
(2)
									Maintaining an
			 inventory of at least twenty pounds of medical marijuana for level I
			 cultivators and ten pounds of medical marijuana for level II cultivators that
			 is ready for immediate sale.
Ohio Administrative Code › Title 3796:2 - Cultivators › Chapter 3796:2-1 - Licensing; Certificates of Operation › Section 3796:2-1-08 - Cultivator transfer of ownership or location

Current through all regulations passed and filed through July 1, 2024
(A)
								A provisional
			 license issued pursuant to this chapter is nontransferable.
(B)
								A certificate of
			 operation shall be issued for the specific cultivator and location identified
			 on the application, and is valid only for the owner, premises and name
			 designated on the certificate of operation and the location for which it is
			 issued. A certificate of operation may only be transferred or assigned if the
			 department determines that the proposed ownership or location change complies
			 with the rules promulgated in accordance with Chapter 3796. of the Revised
			 Code, Chapter 3796. of the Revised Code, and the following:
(1)
									Upon any request
			 for a change in ownership, the cultivator shall:
(a)
										Notify the
			 department in writing of the proposed ownership change;
(b)
										Facilitate the
			 submission of both an Ohio bureau of criminal identification and investigation
			 criminal records check and a federal bureau of criminal investigation criminal
			 records check pursuant to division (B) of section
			 3796.12 of the Revised
			 Code;
(c)
										Demonstrate to the department that the person acquiring
			 the interest meets the requirements under rules
			 3796:2-1-02
			 and
			 3796:2-1-03
			 of the Administrative Code, and the cultivator will remain in compliance with
			 its application for a cultivator provisional license, the rules promulgated in
			 accordance with Chapter 3796. of the Revised Code, and Chapter 3796. of the
			 Revised Code under the proposed ownership structure; and
(d)
										Require the
			 cultivator to re-submit an application in accordance with rule
			 3796:2-1-02
			 of the Administrative Code if the transfer of ownership would result in a new
			 controlling shareholder or shareholders outside of the current ownership
			 structure approved by the department. For purposes of calculating a controlling
			 interest, the department will consider all transfers of ownership that occur in
			 a given calendar year and calculate such transfers in the
			 aggregate.
Ohio Administrative Code › Title 3796:2 - Cultivators › Chapter 3796:2-1 - Licensing; Certificates of Operation › Section 3796:2-1-10 - Cultivator certificate of operation renewal

Current through all regulations passed and filed through July 1, 2024
(A)
								Every cultivator
			 certificate of operation issued by the department under this chapter shall
			 expire annually on the date it was issued. A renewal application for a
			 cultivator, accompanied by the proper renewal fee established under rule
			 3796:5-1-01 of the
			 Administrative Code, shall be filed with the department at least thirty days
			 prior to the expiration date of the certificate of operation.
(B)
								The department
			 shall grant a renewal application if the application is filed in a timely
			 manner, the cultivator submits the corresponding renewal fee, the department
			 confirms that nothing warrants the denial of the renewal under rule
			 3796:5-6-01
			 of the Administrative Code, and the cultivator passes a full inspection, unless
			 a full inspection was passed within three months before the renewal
			 date.
(C)
								If a renewal application is not filed prior to the
			 expiration date of the certificate of operation, the certificate of operation
			 shall be suspended for a maximum of thirty days, at which point it will be
			 deemed expired if the cultivator has not successfully renewed the certificate
			 of operation under paragraph (B) of this rule. Upon expiration of the
			 certificate of operation, the cultivator shall not engage in any cultivation
			 activities in furtherance of the business of growing medical marijuana. The
			 department shall not renew the certificate of operation and the facility shall
			 permanently cease its operations.
Ohio Administrative Code › Title 3796:2 - Cultivators › Chapter 3796:2-1 - Licensing; Certificates of Operation › Section 3796:2-1-11 - Winding down

Current through all regulations passed and filed through July 1, 2024
(A)
								If a cultivator
			 decides to voluntarily surrender or not renew its certificate of operation and
			 permanently discontinue business operations, the cultivator shall provide
			 written notice to the department at least ninety days prior to the effective
			 date of the closure. If the closure is the result of an eviction notice, the
			 cultivator shall immediately notify the department of the eviction notice and
			 the effective date of the notice. This notice shall be provided prior to the
			 cultivator taking any steps to wind down and discontinue business
			 operations.
(B)
								A cultivator that notifies the department of its intent
			 to voluntarily surrender or not renew its certificate of operation under
			 paragraph (A) of this rule shall submit, within sixty days of the effective
			 date, a written plan of closure for approval by the department. This plan shall
			 include, at a minimum, the following:
(1)
									 The sale of
			 medical marijuana inventory at market rate;
(2)
									The destruction
			 of medical marijuana on hand at the facility on the effective date of the
			 closure;
(3)
									The sale or removal of equipment and products ancillary
			 to the cultivation of medical marijuana;
(4)
									The retention of
			 all records required to be maintained in accordance with the applicable records
			 retention schedules;
(5)
									The steps that will be taken to maintain compliance
			 with Chapter 3796. of the Revised Code, the rules promulgated in accordance
			 with Chapter 3796. of the Revised Code, and any other conditions required by
			 the director until the approved closure date; and
(6)
									The closure and
			 intended use of the premises in which the cultivator was
			 located.
Ohio Administrative Code › Title 3796:2 - Cultivators › Chapter 3796:2-2 - Cultivator Operations › Section 3796:2-2-01 - Cultivator operations and quality assurance plan

Current through all regulations passed and filed through July 1, 2024
(A)
								A cultivator
			 shall establish, maintain, and comply with the policies and procedures
			 contained in the operations plan submitted by the cultivator as part of the
			 application that was approved by the department. The operations plan shall
			 include policies and procedures for the production, storage, inventory, and
			 transportation of medical marijuana. At a minimum, a facility's operations plan
			 shall accomplish the following:
(1)
									Designate areas in the facility that are
			 compartmentalized based on function, such as the marijuana cultivation area,
			 with restricted access between the different areas of the
			 facility;
(2)
									Implement policies and procedures that provide best
			 practices for secure and proper cultivation of medical marijuana, which
			 includes restricted movement between the different production areas by
			 personnel based on access credentials assigned by the facility;
(3)
									Document the
			 chain for all medical marijuana in the inventory tracking
			 system;
(4)
									Establish a standard for the facility to be maintained
			 in a clean and orderly condition, which includes free from infestation by
			 rodents, insects, birds, and other animals of any kinds; and
(5)
									Maintain a
			 facility with adequate lighting, ventilation, temperature, sanitation,
			 equipment and security for the safe and consistent cultivation of medical
			 marijuana.
Ohio Administrative Code › Title 3796:2 - Cultivators › Chapter 3796:2-2 - Cultivator Operations › Section 3796:2-2-02 - Cultivator and plant-only processor packaging and labeling

Current through all regulations passed and filed through July 1, 2024
(A) A cultivator distributing plant material
			 to a processor shall meet the following requirements:
(1) A cultivator shall place plant material
			 in a tamper-evident, light-resistant package approved by the department prior
			 to distributing plant material to a processor. Approved packaging shall
			 maintain the integrity and stability of the plant material.
(2) A label shall be affixed to every package
			 and state in legible English:
(a) The name and
			 license number of the cultivator where the packaged material was cultivated and
			 harvested;
(b) The name and license
			 number of the processor facility receiving the shipment;
(c) The product identifier;
(d) The registered name of the medical
			 marijuana that was registered with the department;
(e) A unique identification number that will
			 match the medical marijuana with a batch and batch number to facilitate any
			 warnings and recalls the department deems appropriate;
(f) The date of harvest, final testing, and
			 packaging;
(g) The total weight in
			 grams of plant material in each package;
(h) The identification of the independent
			 testing laboratory;
(i) The
			 laboratory analysis, profile and a list of all active ingredients, including
			 the percentage content by weight for the following cannabinoids, at a minimum:
(i)
											Delta-8-tetraydrocannabinol
											-;
(ii)
											Delta-8-tetrahydrocannabinolic acid;
(iii)
											Delta-9-tetrahydrocannabinol;
(iv)
											Delta-9-tetrahydrocannabinolic acid;
(v)
											Cannabidiol
			 (CBD);
(vi)
											Cannabidiolic acid (CBDA);
(vii)
											THC content as
			 defined in rule 3796:1-1-01 of this Administrative Code; and
(viii)
											Any other
			 cannabinoid determined by the department.
(j) The expiration date, which shall not
			 exceed one calendar year from the date of harvest; and
(k) A statement with the following language:
			 "This product is for medical use and not for resale or transfer to another
			 person. This product may cause impairment and may be habit-forming. This
			 product may be unlawful outside of the State of Ohio."
Ohio Administrative Code › Title 3796:2 - Cultivators › Chapter 3796:2-2 - Cultivator Operations › Section 3796:2-2-03 - Cultivator waste disposal

Current through all regulations passed and filed through July 1, 2024
(A) A cultivator shall dispose of undesired,
			 excess, unauthorized, obsolete, adulterated, misbranded or deteriorated medical
			 marijuana waste
in
				accordance with the cultivator's disposal plan under the supervision of a type
				1  employee, as defined in paragraph
				(H)(1) of rule
				3796:5-2-01
				of the Administrative Code, and in such a manner as to render the medical
				marijuana waste unusable.
(B) The disposal procedures established by
			 the cultivator and submitted as part of the application process shall be
			 sufficient to render medical marijuana waste unusable. Medical marijuana waste
			 that is rendered unusable shall be discarded into a locked dumpster or other
			 approved, locked container for removal from the facility by a waste removal
			 company selected by the cultivator, or may be composted in a secured area at
			 the cultivation site for future use at the facility. Medical marijuana waste
			 shall be rendered unusable by grinding and incorporating the medical marijuana
			 waste with one or more of the non-consumable, solid wastes listed below, such
			 that the resulting mixture is at least fifty-one per cent non-marijuana waste:
(1) Paper waste;
(2) Cardboard waste;
(3) Food waste;
(4) Yard or garden waste;
(5) Grease or other compostable oil
			 waste;
(6) Bokashi, or other
			 compost activators;
(7) Soil or
			 other used growth media; or
(8)
			 Other wastes approved by the department.
Ohio Administrative Code › Title 3796:2 - Cultivators › Chapter 3796:2-2 - Cultivator Operations › Section 3796:2-2-04 - Cultivator inventory control and storage

Current through all regulations passed and filed through July 1, 2024
(A)
								A cultivator
			 shall track and submit into the inventory tracking system any information the
			 department determines necessary for maintaining and tracking medical marijuana.
			 When a plant reaches twelve inches in height or is transplanted from a cloning
			 medium or apparatus into a growth medium or apparatus intended for the
			 vegetative or flowering stages of growth cycle, whichever occurs sooner, the
			 cultivator shall securely attach a tag to the plant or the plant's container
			 that includes, at a minimum, the following information:
(1)
									 The cultivator's
			 name and license number;
(2)
									The registered name of the strain;
(3)
									The unique plant
			 identifier; and
(4)
									General information regarding the plant that is used
			 for traceability.