reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 1301:17 - Home Inspector › Chapter 1301:17-1 - Home Inspector Board › Section 1301:17-1-06 - Criminal records check

Current through all regulations passed and filed through July 1, 2024
(A)
								Within ten days
			 after the date of filing an application with the division for licensure, an
			 applicant shall submit fingerprints to the Ohio bureau of criminal
			 identification and investigation [BCI&I] using a method authorized by
			 BCI&I for a criminal records check pursuant to division (B) of section
			 4764.07 of the Revised Code. The
			 applicant shall pay any required fee for the criminal records check and direct
			 that the results from BCI&I be transmitted to the division of real estate
			 and professional licensing.
(B)
								Failure to timely
			 comply with paragraph (A) of this rule may constitute just cause for the
			 superintendent to close the applicant's file and impose a forfeiture of any
			 application fee.
Ohio Administrative Code › Title 1301:17 - Home Inspector › Chapter 1301:17-1 - Home Inspector Board › Section 1301:17-1-07 - Home inspector qualifying education

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule, to be
			 considered "online," the course must satisfy the requirements found in
			 paragraph (A) of rule
			 1301:17-1-11 of the
			 Administrative Code and means any education process based on geographical
			 separation of student and instructor. "Qualifying education" means education
			 necessary to obtain an Ohio home inspector license as required by division
			 (D)(5) of section 4764.07 of the Revised Code.
			 "Qualifying education" for this rule shall be completed in a classroom or
			 online setting.
(1) An education provider who
			 is an applicant for initial qualifying education course approval shall submit
			 to the division of real estate for approval of home inspector qualifying
			 education courses on a form prescribed by the superintendent along with the
			 nonrefundable fee as specified in rule
			 1301:17-1-03 of the
			 Administrative Code. The application form and fee must be submitted to the
			 division at least thirty days prior to the proposed initial date of the course
			 offering. Upon notice from the superintendent that an application is incomplete
			 or incorrect as filed, the applicant shall, within thirty days of the date of
			 the last such notice, submit to the division the additional requested
			 information or the corrected application. Failure to timely submit the
			 additional requested information or the corrected application shall constitute
			 just cause for the superintendent to void the application.
(2) Qualifying education approved for this
			 rule shall be valid for three years from the date of issuance by the
			 superintendent provided the superintendent approves any substantial changes
			 made to the course, and the education provider and its instructors comply with
			 the requirements of this rule and Chapter 4764. of the Revised Code. Changes to
			 the course instructor or to the course syllabus, description or content
			 consisting of more than one-third of the course hours shall be considered a
			 substantial change. Each education provider of approved qualifying education
			 shall file an application with the division at least ten days in advance of any
			 substantial changes to a course.
Ohio Administrative Code › Title 1301:17 - Home Inspector › Chapter 1301:17-1 - Home Inspector Board › Section 1301:17-1-10 - Continuing education for licensees

Current through all regulations passed and filed through July 1, 2024
(A) A state licensed home inspector shall
			 submit to the division of real estate and professional licensing on a form
			 prescribed by the superintendent, such information as the superintendent or
			 home inspector board may require concerning continuing education instruction
			 completed by the individual.
(B)
			 Home inspector continuing education requirements must be completed in a
			 classroom or online setting. For this rule, "classroom hour" applies to
			 instruction in a classroom setting or in an online setting.
(C) Acceptable home inspector continuing
			 education must fall within the following topics:
(1) Inspection safety;
(2) Report writing;
(3) Canons of ethics;
(4) Standard of practice;
(5) Systems and components as defined in the
			 Ohio home inspector board's standards of practice;
(6) Environmental issues;
(7) A meeting of the Ohio home inspector
			 board;
(8) Use of technology as
			 applied to the practice of home inspection;
(9) Personal safety for the home inspector
			 and the consumer; and
(10)
			 Continuing education course offerings approved by the Ohio home inspector
			 board.
Ohio Administrative Code › Title 1301:17 - Home Inspector › Chapter 1301:17-1 - Home Inspector Board › Section 1301:17-1-11 - Continuing education approvals for education providers

Current through all regulations passed and filed through July 1, 2024
(A) Continuing education for licensed home
			 inspectors shall be offered in a classroom setting or in an online setting. For
			 purposes of this rule, the term "online" education means any education process
			 based on geographical separation of student and instructor. Components of
			 online education includes synchronous, asynchronous and hybrid.
In synchronous education offerings, the instructor and students
				interact simultaneously online, similar to a phone call, video chat or live
				webinar, or web-based meeting. Synchronous courses provide for instruction and
				interaction substantially the same as an on-site classroom setting. Synchronous
				online courses and classroom courses meet class hour requirements if the course
				meets the requirements found in paragraph (E) of this rule.
In asynchronous education offerings, the instructor and student
				are non-simultaneous; the students progress at their own pace and follow a
				structured course content and schedule. Asynchronous courses meet the class
				hour requirements if the course meets the requirements found in paragraphs (B)
				and (E) of this rule.
Hybrid courses, also known as blended courses, are learning
				environments that allow for both in-person and online (synchronous or
				asynchronous) interaction. In-person course settings, synchronous sessions, and
				asynchronous sessions for hybrid courses are acceptable provided the
				requirements found in paragraph (E) of this rule are satisfied. Asynchronous
				sessions for hybrid courses are acceptable provided the requirements found in
				paragraph (B) of this rule are satisfied.
(B) An asynchronous educational offering or
			 course is acceptable to meet class hour requirements if all of the following
			 are satisfied:
(1) The course provides
			 interaction. Interaction is a shared environment where the student has verbal
			 or written communication with the instructor;
(2) The course content is approved by the
			 superintendent or the home inspector board or is offered by a community or
			 junior college or a college or university that is a degree-granting institution
			 accredited by the commission on colleges, a regional or national accreditation
			 association or accrediting agency recognized by the U.S. secretary of
			 education; and
(3) The course
			 receives course delivery mechanism approval from the international distance
			 education certification center (IDECC) or is part of an approved curriculum
			 under paragraph (C)(2) of this rule at an institution of higher education that
			 awards academic credit for the online course. A course that fails to maintain
			 approval from IDECC no longer meets the requirements of this rule as of the
			 date the approval is withdrawn by IDECC.
Ohio Administrative Code › Title 1301:17 - Home Inspector › Chapter 1301:17-1 - Home Inspector Board › Section 1301:17-1-13 - Curriculum of experience

Current through all regulations passed and filed through July 1, 2024
(A)
								Applicants
			 seeking to satisfy division (D)(6)(a) of section
			 4764.07
											 of the Revised Code shall complete at least
			 forty hours of work in the home inspection field and a peer review session in
			 accordance with rule 1301:17-1-15 of the Administrative Code. The peer review
			 session may be used to satisfy the required pre-licensing education consistent
			 with rule
			 1301:17-1-07
			 of the Administrative Code. Work in the home inspection field may include work
			 completed by the applicant within the home inspection field under the
			 supervision of a licensed Ohio home inspector or through home inspection work
			 completed by the applicant in interactive experience that is under the
			 direction of a board-approved instructor who meets the requirements set forth
			 in paragraph (E) (2) of rule
			 1301:17-1-11
			 of the Administrative Code. Any combination of hours may be used to satisfy the
			 requirements of this rule. Interactive experience is defined as practical home
			 inspector experiences offered in a simulated, interactive environment using
			 various technologies.
(1)
									Applicants who complete work in the home inspection
			 field shall certify under oath the number of hours the applicant claims to have
			 completed within twelve months prior to the date of the application and shall
			 provide a detailed listing of the home inspection field work for which
			 experience is claimed. The listing must include at a minimum:
(a)
										Date of
			 report;
(b)
										Date of inspection;
(c)
										Address of
			 subject property;
(d)
										Description of the work completed;
(e)
										Number of hours
			 claimed for each assignment;
(f)
										Name of the Ohio
			 licensed home inspector supervising the applicant; and
(g)
										The signature of
			 the applicant.
Ohio Administrative Code › Title 1301:17 - Home Inspector › Chapter 1301:17-1 - Home Inspector Board › Section 1301:17-1-14 - Parallel inspection

Current through all regulations passed and filed through July 1, 2024
(A)
								An acceptable
			 parallel inspection in satisfaction of the requirement found in division
			 (D)(6)(b) of section
			 4764.07
											 of the Revised Code shall consists of the
			 following:
(1)
									An applicant for a home inspector license is supervised by
			 an Ohio licensed home inspector while conducting a home inspection for the
			 licensed home inspector's client.
(2)
									The home
			 inspection must be an on-site inspection of a residential
			 property.
(3)
									Following the inspection, the applicant produces a
			 written home inspector report that is reviewed by the Ohio licensed home
			 inspector.
(4)
									The licensed home inspector must review, analyze,
			 correct if necessary and return the report to the applicant within ten calendar
			 days of receipt of the applicant's report.
(5)
									The licensed home
			 inspector must provide guidance to the applicant regarding the inspection
			 process and the report writing process. Guidance includes instruction regarding
			 the standards of practice and canons of ethics adopted by the Ohio home
			 inspector board.
(6)
									The Ohio licensed home inspector may only supervise a
			 maximum of two applicants who are, at the same time for the same property,
			 inspecting and preparing a home inspection report for parallel inspection
			 experience.
Ohio Administrative Code › Title 1301:17 - Home Inspector › Chapter 1301:17-1 - Home Inspector Board › Section 1301:17-1-15 - Peer review

Current through all regulations passed and filed through July 1, 2024
(A) Requirements for a home inspector peer
			 review:
(1) A sponsoring home inspector
			 organization selects a residential property, which is inspected by at least one
			 active Ohio licensed home inspector in good standing for potential
			 issues.
(2) A participant is given
			 time to inspect the residential property as if the participant was performing
			 home inspection services for a paying client.
(3) After conducting the inspection, the
			 participant presents the inspection findings to a peer review panel consisting
			 of two or more active Ohio licensed home inspectors or to a board approved
			 instructor who meets the requirements set forth in paragraph (E)(2) of rule
			 1301:17-1-11 of the
			 Administrative Code who will evaluate the participant's home inspection
			 abilities.
(4) The participant
			 should demonstrate sufficient technical knowledge about the property and be
			 able to identify at least seventy per cent of the material defects with the
			 property. For purposes of this rule, a material defect is defined as an
			 observable specific issue with a system or component of a residential property
			 that may have a significant, adverse impact on the value of the property, or
			 that poses an unreasonable risk to people. Following a peer review, the
			 participant may be required to successfully complete an examination
			 administered by the sponsoring home inspector organization, but successful
			 completion of a peer review course examination
			 shall not be a requirement for this rule.
(5) Successful participants are awarded a
			 certificate of completion by the sponsoring home inspector
			 organization.
(6) A sponsoring home
			 inspector organization for this rule can be any person who meets the
			 requirements found in paragraph (E)(3) of rule
			 1301:17-1-11 of the
			 Administrative Code or an active Ohio licensed home inspector with at least
			 five years of experience in home inspection and in good standing with the Ohio
			 division of real estate and professional licensing.
Ohio Administrative Code › Title 1301:17 - Home Inspector › Chapter 1301:17-1 - Home Inspector Board › Section 1301:17-1-16 - Canons of ethics

Current through all regulations passed and filed through July 1, 2024
(A) Article 1 - General standards.
(1) Licensees shall perform duties as a home
			 inspector without bias to any of the parties to a real estate
			 transaction and shall perform their duties
			 as a home inspector with integrity to the public and to their
			 clients.
(2) Licensee opinions
			 about a property shall be based only on their education, experience, and honest
			 convictions.
(3) Licensees shall
			 not communicate inspection results in a home inspection report with intent to
			 defraud or in a careless, misleading or negligent manner.
(4) Licensees shall disclose all known
			 material facts by the licensee concerning a property.
(5) Licensees must not accept or perform home
			 inspections that 
									include the reporting of predetermined opinions
			 or conclusions.
(6) For the
			 protection of all parties, licensees shall enter into a written contract with
			 clients prior to the rendering of any home inspection services expressing the
			 agreement of the parties. Copies of all written agreements shall be provided by
			 the licensee to the client within three business
			 days from the date of the execution of the agreement by the client.
(7) Licensees must provide assistance
			 wherever possible to the members of the Ohio home 
									inspector
			 board or to staff with the division of real estate and professional licensing
			 regarding the enforcement of Chapter 4764. of the Revised Code and its
			 corresponding rules.
(8) Licensees
			 shall not represent a determination of compliance with Ohio residential,
			 mechanical, plumbing, or electrical codes, specifically the existence of
			 serious hazards as defined in rule
			 4101:8-2-01 of the
			 Administrative Code. Licensees may recommend a client seek further evaluation
			 and repair or remediation of suspected safety hazards by a certified or
			 licensed professional. Such recommendations shall be in the home inspection
			 report.
(9) Licensees shall not
			 provide to their clients or their client's agents oral home inspection reports
			 in lieu of written home inspection reports.
(10) Licensees may perform a limited scope
			 home inspection for a client, which would include a licensee's inspection of
			 one or more systems or components for a property but would not include a
			 licensee's inspection of all systems or components for a property as found in
			 rule 1301:17-1-17 of the
			 Administrative Code, provided the scope of the licensee's home inspection is:
(a) In compliance with divisions (D)(3) and
			 (D)(4) of section 4764.01 of the Revised
			 Code;
(b) Clearly stated in the
			 signed, written contract between the licensee and the client; and
(c) Clearly stated in the licensee's written
			 home inspection report.
Ohio Administrative Code › Title 1301:17 - Home Inspector › Chapter 1301:17-1 - Home Inspector Board › Section 1301:17-1-18 - Lending license

Current through all regulations passed and filed through July 1, 2024
(A)
								No arrangement,
			 direct or indirect, shall be entered into by any licensee whereby a licensee
			 lends the licensee's name or license for the benefit of another licensee, an
			 unlicensed person or any entity where the lender licensee is not a principal,
			 member, employee or contractor.
(B)
								Evidence that a
			 licensee has entered into an arrangement to lend the licensee's name or license
			 under the provisions of this rule shall constitute prima facie evidence of a
			 violation of division (I) of section
			 4764.14 of the Revised
			 Code.
Ohio Administrative Code › Title 1301:17 - Home Inspector › Chapter 1301:17-1 - Home Inspector Board › Section 1301:17-1-19 - Stenographic record

Current through all regulations passed and filed through July 1, 2024
For purposes of section
				119.09 of the Revised Code and
				Chapter 4764. of the Revised Code, a stenographic record of an adjudication
				hearing before the Ohio division of real estate and professional licensing or
				home inspector board shall be provided by the division's use of audio or video
				teleconferencing electronic recording devices. Such recording shall serve as
				the official record of the proceeding and may serve as the basis for a
				transcript for furnishing to a court upon appellate review. A stenographic
				service other than the division's audio or video recording devices may be
				requested by one of the parties to the hearing. Advance written notice shall be
				provided to the division by the requesting party prior to the scheduled hearing
				date. All scheduling with the stenographic service shall be the responsibility
				of the party requesting the stenographic service. The testimony at the
				adjudication hearing shall be transcribed at the cost of the party requesting
				the stenographic service. Upon request, the stenographic service may provide a
				transcript of the adjudication hearing and the cost of the transcript shall be
				the responsibility of the party requesting the transcript. The division may use
				the transcript from the stenographic service as the official record of the
				proceeding.
Ohio Administrative Code › Title 1301:17 - Home Inspector › Chapter 1301:17-1 - Home Inspector Board › Section 1301:17-1-20 - Informal mediation

Current through all regulations passed and filed through July 1, 2024
(A)
								An informal
			 mediation, in accordance with section
			 4764.12 of the Revised Code, may
			 be held for the purpose of facilitating an accommodation between the
			 complainant and licensee. Any party who participates in the informal mediation
			 may be accompanied by legal counsel, whose role shall be limited to
			 representing his/her client. "Mediation" is defined by division (A) in section
			 2710.01 of the Revised
			 Code.
(B)
								Except as provided in Chapter 2710. of the Revised
			 Code, nothing said or done during the informal mediation shall be disclosed by
			 the mediator or division staff or be used as evidence in any subsequent
			 hearing, investigation or other proceeding. The superintendent may decline to
			 hold an informal mediation for good cause shown. Good cause includes, but is
			 not limited to, a reasonable belief that one or more of the parties to the
			 informal mediation has committed a crime or one or more of the parties to the
			 informal mediation lack the ability to enter into a binding accommodation
			 agreement.
(C)
								If an accommodation is reached at the informal
			 mediation, the mediator shall prepare an accommodation agreement, which shall
			 set forth all measures to be taken by the parties thereto, including provisions
			 for affirmative and other relief. The accommodation agreement shall be signed
			 by the persons to be bound by the agreement and the superintendent or the
			 superintendent's designee.
(D)
								In accordance
			 with division (B) of section
			 4764.12 of the Revised Code, the
			 accommodation agreement shall be held in confidence by the superintendent, the
			 mediator and other personnel of the department.
(E)
								If the
			 superintendent finds the licensee has failed, without good cause shown, to
			 comply with the terms set forth in the accommodation agreement the following
			 shall apply:
(1)
									The accommodation agreement will be considered null and
			 void;
(2)
									The superintendent may proceed with the formal
			 investigation based on the original complaint; and
(3)
									The licensee's
			 failure to comply with the accommodation agreement shall constitute prima facie
			 evidence of a violation of division (I) of section
			 4764.14 of the Revised
			 Code.
Ohio Administrative Code › Title 1301:17 - Home Inspector › Chapter 1301:17-1 - Home Inspector Board › Section 1301:17-1-21 - Disciplinary sanctions

Current through all regulations passed and filed through July 1, 2024
(A)
								The home
			 inspector board may include, at its sole discretion, any combination of
			 sanctions in its order as found in division (A) of section
			 4764.13 of the Revised
			 Code.
(B)
								Any final order of the home inspector board no longer
			 subject to appeal may be publicly disseminated using any of the following
			 methods:
(1)
									Publication in the division of real estate and professional
			 licensing's newsletter;
(2)
									Press release(s);
(3)
									Any other method
			 deemed appropriate by the home inspector board and/or the
			 superintendent.
Ohio Administrative Code › Title 1301:17 - Home Inspector › Chapter 1301:17-1 - Home Inspector Board › Section 1301:17-1-22 - Settlement agreement

Current through all regulations passed and filed through July 1, 2024
(A)
								Any licensee who
			 has been notified by the superintendent of a hearing to be held by a hearing
			 examiner pursuant to Chapter 119. of the Revised Code for the purpose of
			 determining whether a violation of section
			 4764.14 of the Revised Code
			 occurred may enter into a settlement agreement with the
			 superintendent.
(B)
								The settlement agreement shall contain the following
			 information:
(1)
									A description of the conduct which the superintendent
			 alleges the licensee committed;
(2)
									An admission by
			 the licensee that the licensee engaged in such conduct;
(3)
									An
			 acknowledgement by the licensee that such conduct admitted to constitutes a
			 violation of section 4764.14 of the Revised
			 Code;
(4)
									A waiver by the licensee to an administrative hearing
			 pursuant to Chapter 119. of the Revised Code;
(5)
									An
			 acknowledgement by the licensee that the licensee had the opportunity to review
			 the settlement agreement with the licensee's legal counsel;
(6)
									A sanction, if
			 any, which the superintendent believes should be imposed on the licensee for
			 the admitted violations of section
			 4764.14 of the Revised Code. Any
			 education course work imposed shall not count toward the licensee's continuing
			 education requirement;
(7)
									An acknowledgement by the parties that the settlement
			 agreement, if accepted, will become a final order;
(8)
									A waiver by the
			 licensee of all appeals pursuant to section
			 119.12 of the Revised Code and
			 any right of reconsideration; and
(9)
									Any other
			 provision which the superintendent deems to be appropriate.
Ohio Administrative Code › Title 1301:18 - Division of Cannabis Control › Chapter 1301:18-1 - Non-Medical Cannabis Licensing › Section 1301:18-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
The following definitions apply:
(A)
									"Abandoned
			 application" means an application submitted pursuant to this chapter which does
			 not meet the minimum eligibility requirements for review, or is otherwise
			 deemed abandoned pursuant to this chapter, and is removed from the application
			 process.
(B)
									"Disqualifying offense" means a conviction or plea of
			 guilty, including conspiracy to commit, attempt to commit, or aiding and
			 abetting another in committing, the following:
(1)
										Any offense set
			 forth in Chapter 2925., 3719., or 4729. of the Revised Code, the violation of
			 which constitutes a felony or a misdemeanor of the first
			 degree;
(2)
										Any theft offense set forth under division (K) in
			 section 2913.01 of the Revised Code, the
			 violation of which constitutes a felony
(a)
											Any violation for
			 which a penalty was imposed under section
			 3715.99 of the Revised
			 Code;
(b)
											A crime of moral turpitude as defined in section
			 4776.10 of the Revised Code;
			 or
(c)
											A violation of any former law of this state, any
			 existing or former law of another state, any existing or former law applicable
			 in a military court or Indian tribal court, or any existing or former law of
			 any nation other than the United States that is or was substantially equivalent
			 to any of the offenses listed in this rule.
(3)
										Any first degree
			 misdemeanor offense listed in this rule will not automatically disqualify an
			 applicant from licensure if the applicant was convicted of or pleaded guilty to
			 the offense more than five years before the date the application for licensure
			 is filed.
(4)
										Notwithstanding paragraph (A) or (B) of this rule, no
			 misdemeanor offense, including misdemeanors of the first degree, related to
			 cannabis possession, cannabis trafficking, illegal cultivation of cannabis,
			 illegal use or possession of drug paraphernalia or cannabis drug paraphernalia,
			 or other cannabis related crimes shall be considered a disqualifying
			 offense.
(C)
									"Dual-use license" means a license issued by the
			 division that allows:
(1)
										A cultivator to engage in all permissible activities
			 outlined under sections
			 3796.18,
			 3780.12, and
			 3780.13 of the Revised
			 Code.
(2)
										A processor to engage in all permissible activities
			 outlined under sections
			 3796.19 and
			 3780.14 of the Revised
			 Code.
(3)
										A testing laboratory to engage in all permissible
			 activities outlined under sections
			 3796.21 and
			 3780.16 of the Revised
			 Code.
(4)
										A dispensary to engage in all permissible activities
			 outlined under sections
			 3796.20 and
			 3780.15 of the Revised
			 Code.
Ohio Administrative Code › Title 1301:18 - Division of Cannabis Control › Chapter 1301:18-2 - License Application Requirements › Section 1301:18-2-01 - Applications generally

Current through all regulations passed and filed through July 1, 2024
The division shall
			 provide notice in advance of its intent to accept applications for licensure.
			 The application notice shall be published on the division's internet website
			 and contain the following information:
(A)
									The type of
			 applicants authorized to apply;
(B)
									Requirements for
			 a complete application including:
(1)
										A list of all application information and materials
			 needed; and
(2)
										Requisite non-refundable application
			 fee.
(C)
									Minimum eligibility requirements for
			 licensure;
(D)
									The deadline to submit an application;
(E)
									The number of
			 available licenses, if applicable;
(F)
									Any geographical
			 or regional considerations associated with the available licenses;
			 and
(G)
									Any other criteria the division determines is necessary
			 for the issuance of licenses.
Ohio Administrative Code › Title 1301:18 - Division of Cannabis Control › Chapter 1301:18-2 - License Application Requirements › Section 1301:18-2-02 - Authorized initial application periods

Current through all regulations passed and filed through July 1, 2024
(A)
								The following
			 applicants are authorized to file an application for licensure with the
			 division:
(1)
									Cultivators, processors, testing laboratories, and
			 dispensaries currently licensed as a chapter 3796 medical marijuana facility
			 seeking license conversion to a dual- use license as defined by rule
			 1301:18-1-01 of the Administrative Code.
(2)
									Entities eligible
			 for a 10(B) dispensary license as established by rule 1301:18-2-06 of the
			 Administrative Code.
Ohio Administrative Code › Title 1301:18 - Division of Cannabis Control › Chapter 1301:18-2 - License Application Requirements › Section 1301:18-2-03 - Cannabis social equity and jobs program

Current through all regulations passed and filed through July 1, 2024
In accordance with sections
				3780.18 and
				3780.19 of the Revised Code and
				coordination with the department of development cannabis social equity jobs
				program, the division shall provide notice in advance of an application period
				for which preference shall be given to applicants certified as cannabis social
				equity and jobs program participants.
Ohio Administrative Code › Title 1301:18 - Division of Cannabis Control › Chapter 1301:18-2 - License Application Requirements › Section 1301:18-2-04 - Additional cannabis operator licenses

Current through all regulations passed and filed through July 1, 2024
(A)
								Following
			 twenty-four months from the first date of issuance of an adult use operator
			 license, the division of cannabis control shall review the number of cannabis
			 operator licenses on a biannual basis and may authorize additional application
			 periods after considering:
(1)
									The current and anticipated market growth and consumer
			 demand, including the number registered patients and adult use consumers
			 seeking cannabis;
(2)
									The current and projected supply of cannabis produced
			 by licensed cultivators and processors; and
(3)
									The geographic
			 distribution of dispensary sites in an effort to ensure patient and consumer
			 access to cannabis.
Ohio Administrative Code › Title 1301:18 - Division of Cannabis Control › Chapter 1301:18-2 - License Application Requirements › Section 1301:18-2-05 - Application to convert chapter 3796 license to dual-use cannabis license

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to
			 paragraph (A)(1) of rule 1301:18-2-02 of the Administrative Code a cultivator,
			 processor, testing laboratory, or dispensary that is currently licensed
			 pursuant to Chapter 3796. of the Revised Code may apply to convert its current
			 medical facility and site to a dual-use facility. To be eligible for
			 conversion, the applicant must comply with all dual-use application
			 requirements outlined under this rule.
(B)
								A chapter 3796
			 licensed entity seeking to convert its current facility to a dual-use facility
			 must submit a complete application on a form as prescribed by the division.
			 This application will demonstrate, at a minimum:
(1)
									The applicant's
			 designated point of contact that shall serve as the main contact for the
			 division for the duration of the application period.
(2)
									Applicant does
			 not have an ownership or investment interest in, or compensation arrangement
			 with:
(a)
										An
			 adult use testing laboratory licensed pursuant to Chapter 3780. of the Revised
			 Code; or
(b)
										An applicant for a license to conduct adult use
			 laboratory testing.
(3)
									Applicant does
			 not share any corporate officers or employees with:
(a)
										An adult use
			 testing laboratory licensed pursuant to Chapter 3780. of the Revised Code;
			 or
(b)
										An applicant for a license to conduct adult use
			 laboratory testing.
(4)
									Compliance with
			 all applicable tax laws within the state of Ohio; and
(5)
									Applicant is not
			 contemporaneously employed by a regulatory agency or governmental entity within
			 the state of Ohio that within that role may significantly influence or control
			 entities licensed under Chapter 3796. or 3780. of the Revised
			 Code.
Ohio Administrative Code › Title 1301:18 - Division of Cannabis Control › Chapter 1301:18-2 - License Application Requirements › Section 1301:18-2-06 - 10(B) dispensaries

Current through all regulations passed and filed through July 1, 2024
(A)
								For purposes of this rule, the following definitions
			 apply:
(1)
									"10(B) applicant" means any cultivator or dispensary who is
			 eligible pursuant to division (B) of section
			 3780.10 of the Revised Code to
			 apply, and submits an application for, a 10(B) license in accordance with this
			 rule.
(2)
									"10(B) license" means a dispensary license issued
			 pursuant to division (B) of section
			 3780.10 of the Revised Code and
			 this rule.
(3)
									"Facility site location application" means an
			 application for selection of a facility site for a 10(B)
			 license.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-1 - Notice of Public Hearing › Section 1501-1-01 - Notice of a public hearing

Current through all regulations passed and filed through July 1, 2024
Public notice of hearing to be
				conducted by the department of natural resources shall be advertised in the
				register of Ohio at least thirty days, but not more than forty days, prior to
				the hearing. In addition to public notice given in the register of Ohio, the
				department may give whatever other notice it reasonably considers necessary to
				ensure notice contructively is given to all persons who are subject to or
				affected by the propsed rule, amendment or recission. The notice shall include:
				a statement of the department's intention to consider adopting, amending, or
				rescinding a rule; a synopsis of the propsed rule, amendment, or rule to be
				rescinded, or a general statement of the subject matter to which the proposed
				rule, amendment, or recission relates; a statement of the reason or purpose for
				adopting, amending, or rescinding the rule; and the date, time, and place of a
				hearing on said proposed action. The notice shall also state the place from
				which copies of the propsed rule, amendment, or rule to be rescinded may be
				obtained.
Replaces: 1501-1-01
Effective: 1/24/2016
Five Year
				Review (FYR) Dates: 01/24/2021
Promulgated Under:
				119.03
Statutory
				Authority: 1501.02
Rule
				Amplifies: 1501.01,
				1501.02,
				1501.31
Prior
				Effective Dates: 7/25/85 (Emer.),
				11/28/85
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-2 - Water Diversion › Section 1501-2-01 - Applicability

Current through all regulations passed and filed through July 1, 2024
No person shall divert more than one hundred thousand gallons
				per day of any waters of the state out of the lake Erie or Ohio river drainage
				basin without being issued a permit by the director of natural resources in
				accordance with section
				1501.32 of the Revised Code and
				rules issued pursuant to that section.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-2 - Water Diversion › Section 1501-2-02 - Definitions

Current through all regulations passed and filed through July 1, 2024
For purposes of rules
				1501-2-01 to
				1501-2-12
				of the Administrative Code:
(A)
			 "Director" means the director of the department of natural resources.
(B) "Department" means the
			 department of natural resources.
(C) "Applicant" means a person making
			 application for a water diversion permit.
(D) "Application" means an application for
			 the water diversion permit required by section
			 1501.32 of the Revised Code and
			 rules adopted pursuant to that section.
(E) "One hundred thousand gallons per day"
			 means an average of one hundred thousand gallons per day for any consecutive
			 thirty day period.
(F) "Diversion"
			 means a withdrawal of waters of this state from either the lake Erie or Ohio
			 river drainage basin and transfer to another basin without return. Diversion
			 does not include evaporative loss within the basin of withdrawal.
(G) "Withdrawal" means the removal or taking
			 of any waters of the state of Ohio.
(H) "Lake Erie drainage basin" means the
			 lands and waters located within the state of Ohio that constitute part of the
			 watershed of lake Erie.
(I) "Ohio
			 river drainage basin" means the lands and waters located within the state of
			 Ohio that constitute part of the watershed of the Ohio river.
(J) "Person" means an individual,
			 corporation, business trust, estate, trust, partnership, association, or other
			 legal entity, or any political subdivision, instrumentality, or agency of this
			 state or the United States.
(K)
			 "Waters of the state" means all streams, lakes, ponds, marshes, watercourses,
			 waterways, wells, springs, irrigation systems, drainage systems, and other
			 bodies or accumulations of water, surface and underground, natural or
			 artificial, regardless of the depth of the strata in which underground water is
			 located, that are situated wholly or partly within, or border upon, this state
			 or are within its jurisdiction.
(L) "Completed application" means an
			 application for a water diversion permit, required by section
			 1501.32 of the Revised Code and
			 rules adopted pursuant to that section, which has been reviewed and determined
			 by the director not to be defective according to rule
			 1501-2-05
			 of the Administrative Code.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-2 - Water Diversion › Section 1501-2-03 - Severability

Current through all regulations passed and filed through July 1, 2024
The invalidation by a court of a rule adopted or amended
				pursuant to sections 1501.30 to
				1501.35 of the Revised Code
				shall not affect the validity of any other rule or portion thereof adopted or
				amended thereunder by the director.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-2 - Water Diversion › Section 1501-2-04 - Lake Erie and Ohio river drainage basin

Current through all regulations passed and filed through July 1, 2024
The chief of the division of water in the department of natural
				resources shall establish and maintain a map file of the boundaries of the lake
				Erie and Ohio river drainage basins in this state. The map file shall be
				available for public inspection at the division's offices in Columbus. The
				chief shall develop a generalized map illustrating the drainage basins for lake
				Erie and the Ohio river in this state. Copies of the generalized map shall be
				available upon request.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-2 - Water Diversion › Section 1501-2-06 - Criteria for permit review

Current through all regulations passed and filed through July 1, 2024
(A) No application for a water diversion
			 permit shall be granted if the director determines any of the following to be
			 true:
(1) During the expected life of the
			 diversion, some or all of the water to be diverted will be needed for use
			 within the basin.
(2) The proposed
			 diversion will endanger the public health, safety and welfare.
(3) The applicant has not demonstrated that
			 the proposed diversion is a reasonable and beneficial use and is necessary to
			 serve the applicant's present and future needs;
(4) The applicant has not demonstrated that
			 reasonable efforts have been made to develop and conserve water resources in
			 the importing basin and that further development of those resources would
			 engender overriding, adverse economic, social, or environmental impacts;
(5) The proposed diversion is
			 inconsistent with regional or state water resources plans;
(6) The proposed diversion, alone or in
			 combination with other diversions and water losses, will have a significant
			 adverse impact on in-stream uses or on economic or ecologic aspects of water
			 levels.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-2 - Water Diversion › Section 1501-2-07 - Timetables for action on water diversion permit applications

Current through all regulations passed and filed through July 1, 2024
(A) If the
			 application is for a diversion which is not subject to the provisions of
			 section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230
			 42 U.S.C.
			 1962D-20, the director shall issue or deny
			 the water diversion permit within ninety days of accepting the completed
			 application in accordance with the provisions set forth in rule
			 1501-2-06
			 of the Administrative Code, unless the director determines that the complexity
			 of the issues requires further consideration. In that event, the director shall
			 notify the applicant in writing of the need for an extension and of the reason
			 therefor.
(B) If the application
			 is for a diversion which is subject to the provisions of section 1109 of the
			 "Water Resources Development Act of 1986," 100 Stat. 4230
			 42 U.S.C.
			 1962D-20, the director shall do one of the
			 following:
(1) Deny the water diversion
			 permit within ninety days of accepting the completed application in accordance
			 with the provisions set forth in rule
			 1501-2-06
			 of the Administrative Code, without sending the application to the Great Lakes
			 states' governors for their consideration pursuant to section 1109 of the
			 "Water Resources Development Act of 1986," 100 Stat. 4230,
			 42 U.S.C.
			 1962D-20, unless the director determines that
			 the complexity of the issues requires further consideration. In that event, the
			 director shall notify the applicant in writing of the need for an extension and
			 of the reason therefor.
(2) Deny
			 the water diversion permit within ninety days of receiving notification of
			 denial of the diversion proposal from any of the Great Lakes states' governors
			 pursuant to section 1109 of the "Water Resources Development Act of 1986," 100
			 Stat. 4230,
			 42 U.S.C.
			 1962D-20.
(3) Approve the water diversion permit within
			 ninety days of receiving notification of approval of the completed application
			 from all the Great Lakes' states governors pursuant to section 1109 of the
			 "Water Resources Development Act of 1986," 100 Stat. 4230,
			 42 U.S.C.
			 1962D-20, and in accordance with the
			 provisions set forth in rule
			 1501-2-06
			 of the Administrative Code.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-2 - Water Diversion › Section 1501-2-08 - Transfer of permits

Current through all regulations passed and filed through July 1, 2024
(A) Any person intending to transfer a water
			 diversion permit shall notify the director, in writing, at least sixty days
			 prior to transfer.
(B) No water
			 diversion permits shall be transferred unless the transfer is approved by the
			 director in writing.
(C) The
			 director shall not approve the transfer of a water diversion permit unless he
			 determines that:
(1) The transferor is
			 presently in compliance with section
			 1501.32 of the Revised Code,
			 rules promulgated thereunder, and the terms and conditions of its permit.
(2) The transferee assumes all
			 responsibilities and obligations of the transferor regarding the diversion
			 permit.
(3) In the case of a
			 transferee who has previously held or currently holds a permit, that such
			 transferee has previously operated or presently operates the diversion in
			 compliance with section
			 1501.32 of the Revised Code,
			 rules promulgated thereunder, and the terms and conditions of its permit.
(4) The transfer does not allow
			 for any increase in the quantity or any change in the location or purpose of
			 the diversion.
(5) The transfer
			 does not alter or jeopardize compliance with any terms or condition of the
			 permit or with any obligations assumed thereunder.
(6) The transferred permit expires on the
			 date of the original permit.
Ohio Administrative Code › Title 1501 - Department of Natural Resources - Administration and Director › Chapter 1501-2 - Water Diversion › Section 1501-2-09 - Reporting requirements

Current through all regulations passed and filed through July 1, 2024
Within sixty days after the end of each calendar year, all
				permittees shall furnish the director with the following information, and such
				other information as the director may require, on forms provided by him:
(A) The total amount of water
			 diverted during that calendar year.
(B) The average daily and monthly volume of
			 water diverted during that calendar year.
(C) The percentage of diverted water
			 distributed through metered and unmetered services.
(D) The amount and percentage of diverted
			 water used during the calendar year for each purpose listed on the application
			 for the permit.
(E) The amount of
			 water transferred, sold or otherwise provided from the diversion to any other
			 named distribution system during the calendar year.
(F) Failure to comply with the reporting
			 requirements shall be considered a violation of section
			 1501.32 of the Revised Code, and
			 the permit may be subject to suspension.