reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 122:11 - Business Development Division › Chapter 122:11-1 - Contaminated Site Program › Section 122:11-1-01 - Contaminated site program agreement tax exemption fee

Current through all regulations passed and filed through July 1, 2024
(A) The state's
			 application fee for applications submitted to a municipal corporation or county
			 to enter into an agreement under section
			 5709.88 of the Revised Code
			 shall be seven hundred fifty dollars.
(B) Payment shall be in the form of a check
			 or money order made payable to the treasurer of the state of Ohio by an
			 enterprise at the time of the application and shall be forwarded to the Ohio
			 development services agencywith the executed
			 agreement by the municipal corporation or county.
(C) If the application does not result in the
			 approval of the agreement, then the fee shall be refunded to the applicant by
			 the municipal corporation or county. Otherwise, such fee shall be
			 non-refundable.
(D) No more than
			 one fee shall be collected per application.
(E) The director of the Ohio development services
			 agency shall notify the tax commissioner to withhold the approval of all
			 tax exemptions pertaining to an agreement which has not met the contaminated
			 site program agreement tax exemption fee requirements set forth in this
			 rule.
Ohio Administrative Code › Title 122:11 - Business Development Division › Chapter 122:11-2 › Section 122:11-2-01 - Commercial driver's license training program - fees

Current through all regulations passed and filed through July 1, 2024
(A)
								Servicing fee. A
			 non-refundable servicing fee of four hundred dollars is due at the time of
			 application approval. Upon approval notification from the director of
			 development, applicants will have thirty days to submit payment of the fee.
			 Grant of tax credit availability by the director of development to the
			 applicant is contingent on the director's receipt of this service
			 fee.
(B)
								Late fee. An employer that does not submit the training
			 verification form under paragraph (C) of rule 122:11-2-02 of the Administrative
			 Code by the twenty-first of January of the year after the employer is issued a
			 tax credit certificate will be assessed a late fee of five hundred dollars. The
			 late fee will be assessed on that day and the last day of each ensuing calendar
			 month until the employer submits a complete training verification form to the
			 director of development as set forth in paragrah (C) of rule 122:11-2-02 of the
			 Administrative Code.
(C)
								Fees submitted to the director of development under
			 this rule for the commercial driver's license training program will be credited
			 to the tax incentives operating fund created under section
			 122.174 of the Revised Code and
			 will be used by the director of development to administer section
			 122.91 of the Revised
			 Code.
Ohio Administrative Code › Title 122:11 - Business Development Division › Chapter 122:11-2 › Section 122:11-2-02 - Commercial driver's license training program - reporting requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								Expense report form. Employers may submit an expense
			 report form to the director of development after the first day and before the
			 twenty-first day of January of the year following the year for which the
			 director certified the employer's training expenses.
(1)
									The employer is
			 to submit the expense report form to the director of development by the time
			 and in the manner identified on the form in order to be considered received by
			 the director.
(2)
									The director of development may recapture a tax credit
			 allocation if the expense report form is not submitted to the director by the
			 time and in the manner indicated on the form.
(3)
									Any recaptured
			 tax credit allocation will be reallocated by the director of development to the
			 total available tax credit amount to be certified by the director in the next
			 calendar year.
Ohio Administrative Code › Title 122:11 - Business Development Division › Chapter 122:11-2 › Section 122:11-2-03 - Commercial driver's license training program - tax credit eligible training expenses

Current through all regulations passed and filed through July 1, 2024
(A)
								The employer may submit qualifying tax credi eligible
			 training expenses incurred by the employer in conjunction with a commercial
			 driver's license training conducted by either third-party or internal training
			 providers.
(B)
								Training costs incurred by an employer for third-party
			 training providers with an active status on the Ohio-approved CDL course
			 provider list created by the Ohio department of public safety are tax credit
			 eligible training expenses.
(C)
								Costs incurred by
			 an employer for internal, on the job CDL training from a qualified instructor
			 are tax credit eligible training expenses.
(D)
								Tax credit
			 eligible training expenses include training program tuition, internal
			 instructor wages, screening costs, physical examinations, endorsement fees,
			 training manuals, certification costs, and other costs as identified and
			 approved by the director. Only expenses directly incurred by an employer are
			 tax credit eligible training expenses.
Ohio Administrative Code › Title 122:12 - Office of Energy Efficiency › Chapter 122:12-1 - Termination of Home Weatherization Programs › Section 122:12-1-01 - Definition

Current through all regulations passed and filed through July 1, 2024
As used in the rules of the "Home Weatherization Assistance
				Program," "termination" means action taken by the office of energy
				and redevelopment in the community services division ("OERD/CSD") to
				terminate the grantee's grant and cease payment in whole or in part after a
				public hearing on the record.
Ohio Administrative Code › Title 122:12 - Office of Energy Efficiency › Chapter 122:12-1 - Termination of Home Weatherization Programs › Section 122:12-1-02 - Termination of home weatherization assistance program funding

Current through all regulations passed and filed through July 1, 2024
(A) Termination in
			 general. The deputy chief of the community services division may terminate home
			 weatherization assistance program ("HWAP") funding to a grantee in any of the
			 following instances:
(1) The deputy
			 chief
			 of the community services division determines that the governing
			 board of the grantee cannot or will not take the necessary action to bring the
			 eligible entity into compliance with applicable requirements of 10 C.F.R. 600
			 with the requirements of any applicable program statute or rule, or with any
			 other term or condition of HWAP funding within the time allowed by the
			 community servicesdivision through its office of energy
			 and redevelopment("OERD/CSD").
(2) The deputy chief of
			 the community services division determines that the nature or
			 extent of noncompliance is extreme and warrants immediate termination of HWAP
			 funding.
(3) The grantee ceases to
			 exist or becomes legally incapable of performing its responsibilities under the
			 grant agreement.
Ohio Administrative Code › Title 122:12 - Office of Energy Efficiency › Chapter 122:12-1 - Termination of Home Weatherization Programs › Section 122:12-1-03 - Conduct of hearing

Current through all regulations passed and filed through July 1, 2024
(A) The hearing shall be within thirty days
			 of the request, but not prior to fourteen days, of the date of the
			 "Notification of Intent to Terminate" unless otherwise agreed upon in writing
			 by both the division and the grantee.
(B) The hearing will be held at such places
			 and at such times determined by the hearing officer to best serve the interests
			 of the parties and the hearing office.
(C) Written or oral communications with the
			 hearing officer by one party without the participation or notice to the other
			 about the merits of the appeal are not permitted unless the communication
			 concerns the hearing officer's administrative functions or procedures.
(D) The hearing officer may
			 require the parties to appear at a prehearing conference to consider any of the
			 following:
(1) Possibility of settlement;
(2) Simplifying and clarifying
			 issues;
(3) Stipulations and
			 admissions of facts;
(4)
			 Limitations on evidence and witnesses that will be presented at the hearing;
(5) Any other matter that will aid
			 in disposing of the appeal.
Ohio Administrative Code › Title 122:12 - Office of Energy Efficiency › Chapter 122:12-1 - Termination of Home Weatherization Programs › Section 122:12-1-04 - Decision requirements

Current through all regulations passed and filed through July 1, 2024
(A) The hearing officer shall, within fifteen
			 calendar days following the hearing, provide the deputy chief of
			 the community services division and the chairperson of the
			 governing board of the grantee with a proposed written decision. A proposed
			 decision shall include findings of fact and regulations supporting such action.
			 Findings of fact shall be based solely on the evidence in the record and on
			 matters officially noticed in the record, and, if set forth in statutory
			 language, shall be accompanied by a concise and explicit statement of
			 underlying facts supporting the findings.
(B) Within seven calendar days of the receipt
			 of the written decision of the hearing officer, the deputy
			 chief
			 of the community services division shall provide the director of
			 the Ohio development services agency with a written
			 recommendation.
(C) Within fifteen
			 calendar days of the receipt of the written recommendation of the deputy
			 chief
			 of the community services division, the director of the Ohio
			 development services agency, or his designee who
			 shall not be an officer or employee within the community
			 services division, shall issue a final decision
			 on behalf of the state.
(D) The
			 deputy chief of the community services division shall give prompt notice of
			 the final decision of the director of the Ohio development services agency by mailing a copy of the
			 decision by certified mail, return receipt requested, to the chairperson of the
			 governing board of the grantee.
(E)
			 In the event of a final decision to terminate funding, the deputy
			 chief
			 of the community services division, in accordance with 10 C.F.R.
			 600, shall provide notification of the effective date of termination and
			 close-out instructions to the chairperson of the governing board of the grantee
			 within seven days of the final decision of the director of the Ohio
			 development services agency.
Ohio Administrative Code › Title 122:12 - Office of Energy Efficiency › Chapter 122:12-2 - Low-Income Customer Assistance Programs › Section 122:12-2-02 - Establishment of the universal service fund

Current through all regulations passed and filed through July 1, 2024
This version is in effect until 10/31/2010
(A) Electric distribution utilities.
On a date negotiated by the director and each of the electric
				distribution utilities. But not later than October 15, 2000, and on the same
				date of every month thereafter, unless otherwise directed by the commission,
				each of the electric distribution utilities shall remit all fund revenues
				collected to the director in accordance with the terms of the agreement. The
				director will deposit the remitted fund money into the fund.
(B) Municipal electric utility or electric
			 cooperative.
Upon the decision to participate in the low-income customer
				assistance programs, a municipal electric utility or electric cooperative shall
				be subject to all applicable conditions and requirements of sections
				4928.51 to
				4928.61 of the Revised Code and
				the rules in this chapter. On a date negotiated by the director and each
				participating municipal electric utility or participating electric cooperative,
				and on the same date of every month thereafter unless otherwise agreed upon by
				the director and the municipal electric utility or electric cooperative, each
				participating municipal electric utility or participating electric cooperative
				shall remit all fund revenues to the director in accordance with the terms of
				the agreement. The director will deposit the remitted fund revenues into the
				fund.
(C) Notice
			 requirement of electric distribution utilities.
(1) On or before September 1, 2000, each of
			 the electric distribution utilities shall provide written notice to the
			 director regarding each of their intentions to transfer the right to collect
			 the amount of the percentage of income payment plan program arrearages to the
			 director.
(2) If an electric
			 distribution utility elects to transfer the right to collect the percentage of
			 income payment plan program arrearages, all rights associated with the
			 percentage of income payment plan program arrearages shall be transferred by
			 the electric distribution utility to the director in accordance with the terms
			 of the agreement.
(3) If an
			 electric distribution utility elects to collect the amount of the percent of
			 income payment plan arrearages, all program revenues received by that electric
			 distribution utility shall be remitted to the director in accordance with the
			 terms of the agreement.
Ohio Administrative Code › Title 122:12 - Office of Energy Efficiency › Chapter 122:12-2 - Low-Income Customer Assistance Programs › Section 122:12-2-03 - Funding of the universal service fund

Current through all regulations passed and filed through July 1, 2024
This version is in effect until 10/31/2010
(A) Fund revenues shall include all of the
			 following:
(1) Revenues remitted to the
			 director after collection by an electric distribution utility beginning
			 September 1, 2000. Attributable to the collection from customers of the
			 universal service rider prescribed under Chapter 4928. of the Revised Code
			 and/or as approved by the commission;
(2) Revenues remitted to the director that
			 have been collected by an electric distribution utility beginning September 1,
			 2000, as percentage of income payment plan program customer payments under the
			 percentage of income payment plan program, including revenues remitted under
			 section 4928.51(C)  of
			 the Revised Code;
(3) Adequate
			 revenues remitted to the director after collection by a municipal electric
			 utility or electric cooperative in this state not earlier than September 1,
			 2000, upon the municipal electric utility's or electric cooperative's decision
			 to participate in the low-income customer assistance programs;
(4) Monies collected in rates for
			 non-low-income customer energy efficiency programs as of October 6, 1999, and
			 not contributed to the energy efficiency revolving loan fund, not used to fund
			 cost-effective, residential energy efficiency programs, not returned to
			 customers in the form of a rate reduction at the option of the affected
			 electric distribution utility, or not approved by the commission to be
			 recovered as a regulatory asset as defined in section
			 4928.01(A)(26) 
			 of the Revised Code.
(5) Funding
			 contributions from electric distribution utilities, energy services companies,
			 municipal electric utilities, electric cooperative utilities, or other parties;
			 and
(6) Any additional funds
			 deemed appropriate by the commission.
Ohio Administrative Code › Title 122:12 - Office of Energy Efficiency › Chapter 122:12-2 - Low-Income Customer Assistance Programs › Section 122:12-2-04 - General administration of the low-income customer assistance programs

Current through all regulations passed and filed through July 1, 2024
This version is in effect until 10/31/2010
(A) Eligibility. Eligibility criteria for
			 participation in low-income customer assistance programs are: (1) participation
			 in the Ohio energy credits program from July 1, 1999 through June 30, 2000, or
			 (2) income equal to or less than one hundred fifty per cent of federal poverty
			 guidelines, as determined by the director.
(B) Verification of income. Authorized
			 providers which verify income for purposes of determining eligibility for the
			 low-income customer assistance programs shall use those verification methods
			 employed by the director for the home energy assistance program.
(C) Provision of services. To the extent
			 feasible and consistent with the targeting responsibilities under Chapter 4928.
			 of the Revised Code, assistance and services funded by the fund shall be
			 provided among the certified territories of electric distribution utilities
			 during their market development period, and participating electric
			 cooperatives, and among the service areas of participating municipal electric
			 utilities, in amounts proportionate to the remittances of each.
(D) Applications. Applications for
			 participation in the low-income customer assistance programs are available on a
			 year round basis, however, each of the various low-income customer assistance
			 programs may have different deadlines. Applications shall be returned to the
			 director by mail or completed in person with an authorized provider.
(E) Payment and crediting arrangements and
			 responsibilities.
(1) Beginning September 1,
			 2000, payment arrangements and responsibilities for a percentage of income
			 payment plan program customer shall follow the procedures set forth in
			 paragraph (B) of rule
			 4901:1-18-04 of
			 the Administrative Code, unless otherwise replaced by new rules adopted by the
			 director under division (B)(3) of section
			 4928.53 of the Revised Code,
			 after consultation with the public benefits advisory board and the commission.
(2) Crediting arrangements and
			 responsibilities for the revenues received after September 1, 2000 as a result
			 of payments from a percentage of income payment program customer for current
			 residential competitive and noncompetitive retail electric services shall be
			 consistent with the commission's electric service and safety standards for
			 customer billing and payments in rule
			 4901:1-10-22
			 of the Administrative Code. Customer payments shall be credited to the
			 percentage of income payment plan program customers' account by each electric
			 distribution utility, participating municipal electric utility or electric
			 cooperative upon receipt of the percentage of income payment plan program
			 customers' payments, consistent with rules enacted by the commission.
Ohio Administrative Code › Title 122:12 - Office of Energy Efficiency › Chapter 122:12-2 - Low-Income Customer Assistance Programs › Section 122:12-2-05 - Aggregation

Current through all regulations passed and filed through July 1, 2024
This version is in effect until 10/31/2010
(A) Beginning on the starting date of
			 competitive retail electric service, the percentage of income payment plan
			 program customers may be aggregated for the purpose of competitively auctioning
			 the supply of competitive retail electric generation service to bidders
			 certified by the commission under section
			 4928.08 of the Revised Code. The
			 purpose of the auction is to provide reliable retail electric generation
			 service to customers at the lowest cost and best value to customers through a
			 fair and unbiased process.
(B) A
			 request for proposal will be open to all certified electric suppliers. Each
			 electric distribution utility shall provide the director with a bid for its
			 standard offer service as the "price to beat" by the responses to the
			 director's request for proposal. During the market development period, the
			 incumbent electric distribution utility shall provide to the director the
			 schedule of residential shopping incentives, a copy of the electric
			 distribution utility's supplier tariff and requirements for a financial
			 guarantee sufficient to protect customers and the electric distribution
			 utilities from default as set forth in section
			 4928.08(B)  of
			 the Revised Code.
(C) Responses to
			 the director's request for proposal shall take into account the bid
			 specifications including applicable shopping incentives and the aggregate
			 monthly percent of income payment plan program customer load profile for the
			 previous twelve months provided by each electric distribution utility,
			 municipal electric utility or electric cooperative, consistent with their
			 agreement with the director, as well as the selection criteria included in the
			 director's request for proposal and published in advance of the release of the
			 request for proposal.
(D) Other
			 bid specifications, including criteria by which the winning bid(s) shall be
			 selected as determined by the director and shall be widely published in advance
			 of the release of the request for proposal.
Ohio Administrative Code › Title 122:12 - Office of Energy Efficiency › Chapter 122:12-2 - Low-Income Customer Assistance Programs › Section 122:12-2-06 - Targeted energy efficiency and weatherization program

Current through all regulations passed and filed through July 1, 2024
This version is in effect until 10/31/2010
(A) To the extent practicable and to ensure
			 efficient and cost effective program administration, the office of energy
			 efficiency shall consolidate the administration and coordinate the design of
			 the operations of the home weatherization assistance program with the targeted
			 energy efficiency and weatherization programs that are to be undertaken by the
			 fund. These programs shall be coordinated with other low-income customer energy
			 efficiency programs, including but not limited to low-income housing
			 rehabilitation and home repair programs.
(B) To the extent practicable, the office of
			 energy efficiency shall target high-cost, high-volume use structures occupied
			 by customers eligible for the percentage of income payment plan program, with
			 the goal of reducing the energy bills of the occupants residing in the targeted
			 structures in a cost-effective manner. In determining whether targeting is
			 practicable the following factors may be used:
(1) The extent to which an adequate delivery
			 infrastructure is available to serve the targeted structures within a given
			 region;
(2) The extent to which
			 additional training is necessary to deliver the services; and
(3) The net present value of savings to the
			 fund. Any energy efficiency measure yielding a savings to investment ratio of
			 greater than one shall constitute a cost-effective measure.
Ohio Administrative Code › Title 122:12 - Office of Energy Efficiency › Chapter 122:12-2 - Low-Income Customer Assistance Programs › Section 122:12-2-07 - Establishment of the consumer education program

Current through all regulations passed and filed through July 1, 2024
This version is in effect until 10/31/2010
The director shall establish a consumer education program as
				set forth in section 4928.56 of the Revised Code. The
				director shall consolidate the administration and coordinate the design and
				operations of client education services currently administered by the office of
				energy efficiency with the consumer education program
Ohio Administrative Code › Title 122:12 - Office of Energy Efficiency › Chapter 122:12-2 - Low-Income Customer Assistance Programs › Section 122:12-2-08 - Delegation of functions

Current through all regulations passed and filed through July 1, 2024
This version is in effect until 10/31/2010
Except as provided in this rule, each and any of the powers and
				duties devolved upon the director under this chapter may be performed by the
				assistant director of the department of development or such other officers, and
				employees of the department of development as may be designated in writing by
				the director or such assistant director. Any such designations under this
				chapter shall continue to be effective for purposes of this chapter unless and
				until it is terminated or superseded in writing, notwithstanding any succession
				in the office of director or assistant director. Except as provided in this
				rule, any reference in this chapter to the director includes the assistant
				director or such other designated officers or employees.
Ohio Administrative Code › Title 122:15 - Minority Business Development Division › Chapter 122:15-1 - EDGE Bond Guarantee Program Requirements › Section 122:15-1-02 - EDGE bond guarantee program

Current through all regulations passed and filed through July 1, 2024
(A) The
			 development service agency guarantees sureties participating in the EDGE bond
			 guarantee program against a portion of their losses incurred and paid as a
			 result of a principal's breach of the terms of a bid bond or final bond on any
			 eligible contract. The director of the development service agency or his/her
			 designee shall develop the EDGE bond guarantee program application and
			 procedures. The surety must obtain the development service agency's approval
			 through the application process below before a guaranteed bond can be
			 issued.
(B) A surety who desires to
			 participate in the EDGE bond guarantee program shall submit an application to
			 the  development services agency. The director of the development
			 services agency or his/her designee shall review and approve or disapprove the
			 application. If the application is approved, the surety must enter into a
			 participation agreement with the director in order to become a participating
			 surety in the EDGE bond guarantee program.
(C) The participating surety may then submit
			 EDGE bond guarantee program requests for guarantee to the development services
			 agency. When submitting a bond guarantee program request for guarantee to the
			 development services agency for a bond guarantee, the principal must certify
			 that it meets the eligibility requirements set forth in section   123.152   of the
			 Revised Code. The director of development services agency or his/her designee
			 shall review the EDGE bond guarantee program request for guarantee and make a
			 determination whether to approve the request based on program fund availability
			 and principal's eligibility and said determination shall be final.
(D) The total amount to be bonded (e.g. all
			 bonds combined under the contract: performance, payment and bid bonds) shall
			 not exceed one million dollars in face value at the time of the bond or bond's
			 execution and must comply with the requirement set forth in division (A) of
			 section   122.90   of the Revised Code.
(E) Bid bonds and final bonds are eligible
			 for a development services agency bond guarantee if they are executed in
			 connection with an eligible contract and the director of the development
			 services agency or his/her designee has approved a request for guarantee
			 submitted as prescribed.
Ohio Administrative Code › Title 122:15 - Minority Business Development Division › Chapter 122:15-1 - EDGE Bond Guarantee Program Requirements › Section 122:15-1-03 - Ineligibility of principal and surety; loss of program eligibility

Current through all regulations passed and filed through July 1, 2024
(A) A principal is
			 ineligible for a development services agency
								 bond guarantee under one or more of the
			 following circumstances;
(1) An owner,
			 officer, director, or general partner of the principal is under indictment for,
			 or has been convicted of a felony involving protecting the integrity of
			 business transactions or business relationships; or a final civil judgment has
			 been entered stating that such owner, officer, director, or general partner has
			 committed a breach of trust or has violated a law or regulation protecting the
			 integrity of business transactions or business relationships; or
(2) A regulatory authority has revoked,
			 canceled, or suspended a license of the principal, or an owner, officer,
			 director, or general partner of the principal, which is necessary to perform
			 the contract; or
(3) The principal
			 has obtained a bond guaranteed by fraud or material misrepresentation.
Ohio Administrative Code › Title 122:15 - Minority Business Development Division › Chapter 122:15-1 - EDGE Bond Guarantee Program Requirements › Section 122:15-1-04 - Bond servicing

Current through all regulations passed and filed through July 1, 2024
(A) The surety
			 shall monitor the principal's progress on bonded contracts guaranteed by
			 the development services agency
								
								in a reasonable
			 manner determined by the surety, which may include job status reports from
			 obligees of final bonds guaranteed by the development services
			 agency The surety must
			 maintain documentation of its monitoring
			 and provide such documentation upon the request of the development services
			 agency. In the event obligees do not respond to a surety's requests for job
			 status reports, the surety may monitor progress of guaranteed bonded projects
			 through the contractor's job schedules..
(B) A surety shall not charge a principal a
			 premium amount greater than that authorized by the Ohio department of
			 insurance. The surety shall not require the principal to purchase casualty or
			 other insurance or any other services from the surety or any affiliate or agent
			 of the surety. The surety shall not charge non-premium fees to a principal
			 unless the surety performs other services for the principal, Ohio law does not
			 prohibit the additional fee, and the principal agrees to the fee.
(C) No person may be named co-obligee or
			 obligee or on a rider to the bond unless that person is bound by the contract
			 to the principal (or to the surety, if the surety has arranged completion of
			 the contract) to the same extent as the original obligee. In no event may the
			 addition of one or more co-obligees increase the aggregate liability of the
			 surety under the bond.
(D) There
			 shall be no execution or approval of a bond by a surety after commencement of
			 work under a contract unless the surety obtains prior written approval from the
			 development services agency.
Ohio Administrative Code › Title 122:15 - Minority Business Development Division › Chapter 122:15-1 - EDGE Bond Guarantee Program Requirements › Section 122:15-1-05 - Payment of loss on DSA guaranteed bond; collection

Current through all regulations passed and filed through July 1, 2024
(A) A surety shall submit claims for
			 reimbursement of losses on a bond guarantee on a form approved by
			 the development services agency
								
								according to the terms of the
			 EDGE bond guarantee agreement entered into between the surety and the
			 development services agency. Claims for reimbursement and any additional
			 information submitted are subject to review and audit by
			 the development services agency.
(B) Unless otherwise notified by
			 the development services agency to the contrary, the surety must handle and
			 process all claims under the bond, all settlements and all recoveries in the
			 same manner and under the same standards as it uses for non-guaranteed bonds.
			 The surety shall be entitled to reimbursement for the guaranteed share of
			 losses, including financing of the bond principal to avoid an imminent default,
			 as long as it paid the losses in good faith and in accordance with its normal
			 procedures and reasonable industry standards. The surety shall pursue indemnity
			 and recovery on account of such losses in accordance with its normal procedures
			 and reasonable industry standards. The development
			 services agency  shall reimburse
			 the surety for the guaranteed percentage of the cost of such indemnity and
			 recovery efforts, and the surety shall remit to the
			 development services agency the
			 guaranteed percentage of all indemnity or recovery received by the
			 surety.
(C) The payment by
			 the development services agency
								 of a surety's claim does not waive,
			 compromise, or invalidate any of the terms, claims and defenses under the EDGE
			 bond guarantee agreement, the Ohio Revised Code, Ohio Administrative Code or
			 any other applicable law, regulation or policy.
(D)
								 Within
			 thirty days of surety's receipt of notification from the development services agency that a claim or any portion of a claim
			 was improperly paid by the development services agency
			 to the surety, the surety shall repay the specified amounts to
			 the develoment services agency.
Ohio Administrative Code › Title 122:16 - Retention Tax Credit Program › Chapter 122:16-1 - Business Tax Credit › Section 122:16-1-03 - Eligibility requirements

Current through all regulations passed and filed through July 1, 2024
(A)
			 Except as otherwise provided in this rule, the authority may grant a tax credit
			 pursuant to section  122.171  of the Revised Code if
			 the authority determines all of the following:
(1) The taxpayer proposing the project is an
			 eligible business as defined in division (A)(2) of section
			  122.171  of the Revised
			 Code;
(2) The proposed project
			 satisfies the requirements set forth in division (D) of section
			  122.171  of the Revised
			 Code;
(3) As a result of the
			 project, the taxpayer proposes to do all of the following:
(a) Undertake a capital investment project at
			 the project site;
(b) Retain at
			 least five hundred full-time equivalent employees or an
			 annual Ohio employee payroll of at least thirty-five million dollars at
			 the project site; and
(c) Have an
			 average hourly wage rate of at least one hundred fifty per cent of the federal
			 minimum wage at the time the authority approves the
			 project
			 for all full-time equivalent employees employed at the project site.
(4)
									The
			 project has received a letter of support from the chief executive, or his or
			 her designee, of the local political subdivision or a regional development
			 agency charged with promoting economic development with jurisdiction over the
			 project site.
Ohio Administrative Code › Title 122:16 - Retention Tax Credit Program › Chapter 122:16-1 - Business Tax Credit › Section 122:16-1-04 - Tax credit per cent and term

Current through all regulations passed and filed through July 1, 2024
(A)
			 The authority shall not grant a tax credit under section
			  122.171  of the Revised Code
			 in which the
			 estimated value to the taxpayer exceeds seventy-five per cent of the
			 state income tax revenue estimated to be withheld
			 from full-time equivalent employees of the taxpayer located at the project
			 site.
(B) Except as otherwise
			 provided in paragraph (D) of this rule, the authority shall not grant a tax
			 credit that exceeds a term of ten years. The tax credit may be claimed by the
			 taxpayer only for the consecutive taxable years during the term.
(C) The authority shall consider the
			 following factors in determining the tax credit percentage and term to be
			 granted to a taxpayer:
(1) The determinations
			 and recommendations provided under division (C) of section
			  122.171  of the Revised Code by
			 the director, the director of budget and management, the superintendent of
			 insurance in the case of an insurance company and the tax
			 commissioner;
(2) The average
			 hourly wage rate, excluding benefits, of the full-time equivalent employees at
			 the project site;
(3) The number of
			 full-time equivalent employees to be retained at the project site;
(4)
									The amount of
			 Ohio employee payroll to be retained at the project site;
(5)
			 The plan of capital investment proposed by the taxpayer at the project
			 site;
(6) The economic condition of the county and region of
			 the state where the project is to be located;
(7) The industry
			 sector of the project proposed for tax credit assistance;
(8)
			 The amount of direct local financial support committed to the project;
			 and
(9) The amount of other financial assistance to be
			 provided by the state in support of the project.
Ohio Administrative Code › Title 122:16 - Retention Tax Credit Program › Chapter 122:16-1 - Business Tax Credit › Section 122:16-1-06 - Remedies

Current through all regulations passed and filed through July 1, 2024
(A) In the event a
			 taxpayer fails to retain the number of full-time equivalent employees set forth
			 in the tax credit agreement, or if the authority finds that the taxpayer has
			 failed to comply with any term or condition of the tax credit agreement and
			 such failure continues beyond any applicable cure period, the authority may,
			 after providing written notice, unilaterally and prospectively reduce the
			 percentage and/or term of the tax credit or immediately terminate the tax
			 credit set forth in the tax credit agreement.
(B) In the event a taxpayer
			 or an affiliated entity relocates employment
			 positions in violation of division (E)(7) of section
			  122.171  of the Revised Code and
			 the taxpayer has previously received tax credit certificates, the authority
			 may, after providing written notice, reduce the tax credit rate to preclude the
			 taxpayer from taking any further credits for the term of the tax credit. In the
			 event a taxpayer or affiliated entity relocates
			 such positions and has not previously received a tax credit certificate, the
			 authority may terminate the tax credit.
(C) The authority shall cause written notice
			 to be given to the affected taxpayer of any proposed action to reduce the
			 percentage or term of the tax credit or to terminate the tax credit agreement.
			 Such notice shall be given at least thirty days prior to the authority meeting
			 at which the action is to be considered, and such notice shall be effective
			 when sent
			 in accordance with the notice requirements of the tax credit
			 agreement.
(D) The authority shall
			 specify in any action reducing the percentage or term of a tax credit or
			 terminating a tax credit agreement the taxable year for which the remedial
			 action shall first be effective.
Ohio Administrative Code › Title 122:16 - Retention Tax Credit Program › Chapter 122:16-1 - Business Tax Credit › Section 122:16-1-07 - Relocation of employees

Current through all regulations passed and filed through July 1, 2024
(A)
								A taxpayer that
			 relocates a substantial number of employment positions from other operations
			 elsewhere in the state, other than the
			 local jurisdiction of the project site
			 , to
			 the project site shall notify, by certified mail,
			 delivery confirmed courier or acknowledged personal delivery, the
			 legislative authority of the county(s), township(s), or municipal
			 corporation(s) from which the relocated employment positions are to be moved
			 prior to the relocation of such employment
			 positions. The taxpayer shall also concurrently send a copy of the notice
			 to the executive director. The notice shall contain the following information:
(1) The number of full-time equivalent
			 employees and employment positions that will be relocated;
(2) The payroll attributable to the relocated
			 employees;
(3) The business reason
			 for the relocation of employees; and
(4) The location of the project
			 site.
Ohio Administrative Code › Title 122:19 - Historic Preservation Tax Credit Program › Chapter 122:19-1 - General Provisions › Section 122:19-1-02 - Application schedule and procedures

Current through all regulations passed and filed through July 1, 2024
(A) During an application period, an
			 applicant
								 may apply to the director on a form as approved and made
			 available by the director. Specific application submission schedules shall be
			 established by the director in the program policies published not less than
			 three months prior to the beginning of each application period.
(B) The applicant must submit an application
			 that complies with the program policies as established by the director to be
			 evaluated for an historic preservation tax credit.
(C) The director shall review applications
			 for completeness and may request that applicants provide missing or additional
			 information following their application submission. An applicant may only
			 submit missing information upon request from the director. If an application is
			 incomplete and the applicant does not submit the requested information within a
			 timeframe established in the program policies, the director shall notify the
			 applicant that the application has been rejected.
(D) A rejection issued by the director for a
			 specific application period does not prohibit an applicant from submitting an
			 application in a future application period.
Ohio Administrative Code › Title 122:19 - Historic Preservation Tax Credit Program › Chapter 122:19-1 - General Provisions › Section 122:19-1-03 - Historic preservation tax credit eligibility

Current through all regulations passed and filed through July 1, 2024
(A) Only the applicant
								 may apply for
			 a historic
			 preservation tax credit for that building.
(B) An application for the historic
			 preservation tax credit must include evidence, reasonably acceptable to the
			 director, that the applicant is the current owner in fee simple title of the
			 historic building or a qualified lessee pursuant to
			 section  149.311  of the Revised
			 Code.
(C) An application for
			 the historic preservation tax credit must include documentation that the
			 subject building is a historic building.
(D) All rehabilitation identified in the
			 historic preservation tax credit application must meet applicable
			 rehabilitation standards. An application for the historic preservation tax
			 credit shall include, in a format acceptable to the officer and director, a
			 description of the proposed project rehabilitation activities sufficient to
			 determine whether the applicable rehabilitation standards will be met if the
			 rehabilitation is undertaken as proposed in the application.
(E) An application for the historic
			 preservation tax credit must include evidence, reasonably acceptable to the
			 director, that the tax credit is a major factor in the applicant's decision to
			 rehabilitate the historic building or to increase the level of the
			 applicant's investment in such
			 rehabilitation.
Ohio Administrative Code › Title 122:19 - Historic Preservation Tax Credit Program › Chapter 122:19-1 - General Provisions › Section 122:19-1-04 - Selection of approved applications

Current through all regulations passed and filed through July 1, 2024
(A) An application will be rated and
			 considered by the director according to detailed scoring criteria published in
			 the program policies.
(B) The
			 director shall ensure that a mix of both high qualified rehabilitation
			 expenditure and low qualified rehabilitation expenditure applications are
			 approved in accordance with division (B)(2) of section
			  149.311  of the Revised Code. To
			 fulfill this requirement, the director may consider an applicant's estimate of
			 qualified rehabilitation expenditures and requested tax
			 credits set forth in the application in addition to the detailed scoring
			 criteria in the program policies when making a final determination.
(C) The director shall prepare and evaluate a
			 cost-benefit analysis in accordance with division (D)(1) of section
			  149.311  of the Revised Code for
			 each application. The cost-benefit analysis will evaluate factors relating to
			 construction and operation of rehabilitating and reusing the historic building
			 to determine the economic impact and impact on state and local government tax
			 revenues. As part of the application the applicant shall provide project
			 information and data to be used in this cost-benefit analysis. No application
			 shall be approved without completion of a cost-benefit annalysis.
(D) If at any time following approval of an
			 application, but prior to project certification, the ownership or
			 leaseholder interest of a project changes and the director has not
			 approved an amendment changing the applicant
			 within the application, the director may rescind the application approval. The
			 director may reissue the application approval for an application that has been
			 submitted during the current application period for the same project, retain
			 the application for a future application period, or make tax credits available
			 for the current or a future application period.
(E) The director shall notify each applicant
			 in writing of the status of its application upon completion of the relevant
			 application period.
Ohio Administrative Code › Title 122:19 - Historic Preservation Tax Credit Program › Chapter 122:19-1 - General Provisions › Section 122:19-1-05 - Amendments

Current through all regulations passed and filed through July 1, 2024
(A) The
			 director
								 shall establish and make available the
			 form to request amendments to an application.
(B) For a change to be effective, an
			 applicant must request and receive approval of the director
								
			 for any amendment to the application.
(C) The director
								
			 has the discretion to reject or approve, in whole
			 or part, an amendment request and may issue a conditional approval of an
			 amendment requiring additional materials or progress by a deadline established
			 in the amendment determination. The director
								 will notify the applicant in
			 writing of the amendment notification. If the applicant does not meet the
			 conditions of approval by the deadline established in the amendment
			 determination, the amendment will be deemed to have been rejected for failure
			 of the approval conditions. The director
								 may, but shall not be obligated
			 to, give written notice of rejection following failure of the approval.
(D)
								 If an
			 application has been approved with a rehabilitation period not exceeding
			 twenty-four months as provided in division (A)(7)(a) of section
			  149.311  of the Revised Code,
			 that application shall not be amended to a rehabilitation period not exceeding
			 sixty months as provided in division (A)(7)(b) of section
			  149.311  of the Revised
			 Code.
Effective:
				3/29/2012
R.C. 119.032
				review dates: 04/05/2015
Promulgated Under: 119.03
Statutory Authority:
				149.311(B)
Rule Amplifies: 149.311, 5725.151, 5725.34, 5729.17,
				5733.47, 5747.76
Prior Effective Dates: 4/5/2010