reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 101 - Joint Legislative Ethics Committee › Chapter 101-7 - Adjudication Procedures › Section 101-7-03 - Confidentiality

Current through all regulations passed and filed through July 1, 2024
Any complaint, charge, inquiry, or investigation relating to
				the proceedings of the committee shall be private and confidential, and all
				papers, records, affidavits and documents relating to such matters shall be
				sealed, except as otherwise provided in this chapter.
Five Year Review (FYR) Dates:
				2/8/2018 and
				02/08/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 101.34
Rule Amplifies:
				 102.06
Prior Effective Dates:
				5/18/95
Ohio Administrative Code › Title 101 - Joint Legislative Ethics Committee › Chapter 101-7 - Adjudication Procedures › Section 101-7-04 - Investigations

Current through all regulations passed and filed through July 1, 2024
(A)
			 The committee shall investigate all complaints and may investigate charges.
(B) The committee may request
			 additional information if the information sought is directly relevant to a
			 complaint or charges received by the committee. The committee may request the
			 specific amount of income from a source from any person filing with the
			 committee a financial disclosure statement required under section
			  102.02 
			 of the Revised Code.
(1) Such information is
			 confidential
(2) A person from
			 whom information is requested under this paragraph shall furnish the
			 information to the committee, unless within fifteen days after the date of the
			 request the person files an action for declaratory judgment challenging the
			 legitimacy of the committee's request in the court of common pleas of his
			 county of residence or employment, or of Franklin county. The required
			 information need not be furnished during the pendency of the judicial
			 proceeding and, except as otherwise provided in section
			  102.06 
			 of the Revised Code and this chapter, proceedings of the committee in
			 connection with such actions shall be confidential.
Ohio Administrative Code › Title 101 - Joint Legislative Ethics Committee › Chapter 101-7 - Adjudication Procedures › Section 101-7-05 - Complaints

Current through all regulations passed and filed through July 1, 2024
(A)
			 The committee shall receive and may initiate complaints concerning conduct
			 alleged to be in violation of Chapter 102. Of the Revised Code against persons
			 for whom the committee is the "appropriate ethics committee" under division
			 (F)(1) of section
			  102.01 
			 of the Revised Code.
(B) The
			 committee shall take no formal action against any person unless a complaint has
			 been filed against that person. All complaints, except those by the committee,
			 shall be by affidavit made on personal knowledge, subject to the penalties of
			 perjury. Complaints by the committee shall be by affidavit, based upon
			 reasonable cause to believe that a violation has occurred.
(C) A complaint shall be in writing, and
			 shall include the following:
(1) The name,
			 address, and public position of the person against whom the complaint is filed.
(2) A citation of the specific
			 provision of Chapter 102. of the Revised Code alleged to have been violated.
(3) A statement of the essential
			 facts constituting the offense charged.
(4) The name, address, and signature of the
			 person filing the complaint.
(5)
			 The complaint shall be sworn before a notary public or other person authorized
			 to take oaths.
Ohio Administrative Code › Title 101 - Joint Legislative Ethics Committee › Chapter 101-7 - Adjudication Procedures › Section 101-7-06 - Representatives

Current through all regulations passed and filed through July 1, 2024
(A)
			 Representatives shall enter their appearances in writing.
(B) A person who has entered an appearance as
			 the representative of a party is that party's representative of record until a
			 written withdrawal is filed with the committee.
Five Year Review (FYR) Dates:
				2/8/2018 and
				02/08/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 101.34
Rule Amplifies:
				 102.06
Prior Effective Dates:
				5/18/95
Ohio Administrative Code › Title 101 - Joint Legislative Ethics Committee › Chapter 101-7 - Adjudication Procedures › Section 101-7-07 - Motions

Current through all regulations passed and filed through July 1, 2024
(A)
			 The committee shall rule on motions, or may designate the chairman or other
			 member of the committee to rule on motions.
(B) All motions shall state, with
			 particularity, both the relief sought by the moving party and the basis for
			 granting such relief.
(C) All
			 motions prior to the hearing shall be in writing, and shall be served together
			 with supporting documentation on the opposing party or his representative.
Five Year Review (FYR) Dates:
				2/8/2018 and
				02/08/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 101.34
Rule Amplifies:
				 102.06
Prior Effective Dates:
				5/18/95
Ohio Administrative Code › Title 101 - Joint Legislative Ethics Committee › Chapter 101-7 - Adjudication Procedures › Section 101-7-08 - Continuances

Current through all regulations passed and filed through July 1, 2024
(A)
			 The committee may continue a hearing upon its own motion or the motion of any
			 party.
(1) Requests for continuance shall be
			 addressed to the chairman of the committee.
(2) Requests for continuance shall be made,
			 in writing, not later than three calendar days prior to the scheduled date of
			 the hearing.
(3) Each party shall
			 contact all of the witnesses he has subpoenaed and inform them of any
			 continuance.
Ohio Administrative Code › Title 101 - Joint Legislative Ethics Committee › Chapter 101-7 - Adjudication Procedures › Section 101-7-09 - Subpoenas

Current through all regulations passed and filed through July 1, 2024
(A)
			 The committee may issue subpoenas to any person in the state compelling the
			 attendance of witnesses and the production of relevant papers, books, accounts,
			 and records.
(B) The committee
			 shall issue any such subpoena upon the written requests of a party.
(C) Upon the motion and for good cause shown,
			 the committee may quash any subpoena at any time prior to the hearing.
(D) Requests for subpoenas must be
			 received by the committee not later than seven days before the date of the
			 hearing.
(E) Subpoenas shall be
			 served personally or by certified mail, return receipt requested, by the
			 committee or its designee.
Five Year Review (FYR) Dates:
				2/8/2018 and
				02/08/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 101.34
Rule Amplifies:
				 102.06
Prior Effective Dates:
				5/18/95
Ohio Administrative Code › Title 101 - Joint Legislative Ethics Committee › Chapter 101-7 - Adjudication Procedures › Section 101-7-10 - Discovery and depositions

Current through all regulations passed and filed through July 1, 2024
(A) Upon the written request of the opposing
			 party, a party shall supply, within seven calendar days of his receipt of the
			 request, a list of the witnesses and the documents he intends to introduce at
			 the hearing.
(B) Upon the written
			 request of the opposing party, a party shall, within seven calendar days of his
			 receipt of the request, permit the opposing party to view and copy, at his own
			 expense, any evidence against him.
(C) Requests for lists for the examination of
			 documents must be received by the party from whom information is sought not
			 later than ten calendar days before the hearing.
(D) If a party fails, without good cause, to
			 comply with this rule, such testimony or documents may, upon motion of the
			 adversely affected party, be excluded from hearing before the committee. The
			 committee shall determine whether a party has complied with this rule.
(E) The committee may continue
			 hearings to permit discovery under this rule.
(F) A party may take the deposition of any
			 witness residing within or without the state in the same manner as prescribed
			 by law for the taking of depositions in civil actions in a court of common
			 pleas. The cost of depositions taken under this paragraph shall be borne by the
			 party calling the witness.
(G) A
			 representative's work product is not subject to discovery.
Five Year Review (FYR) Dates:
				2/8/2018 and
				02/08/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 101.34
Rule Amplifies:
				 102.06
Prior Effective Dates:
				5/18/95
Ohio Administrative Code › Title 101 - Joint Legislative Ethics Committee › Chapter 101-7 - Adjudication Procedures › Section 101-7-11 - Evidence

Current through all regulations passed and filed through July 1, 2024
The committee may admit any relevant evidence that is
				determined to be reliable, probative, and substantial.
Five Year Review (FYR) Dates:
				2/8/2018 and
				02/08/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 101.34
Rule Amplifies:
				 102.06
Prior Effective Dates:
				5/18/95
Ohio Administrative Code › Title 101 - Joint Legislative Ethics Committee › Chapter 101-7 - Adjudication Procedures › Section 101-7-12 - Hearing procedures

Current through all regulations passed and filed through July 1, 2024
(A) The committee shall schedule a hearing
			 within forty-five days after the filing of a complaint unless a continuance is
			 granted.
(B) The respondent shall
			 be given the opportunity to be represented by counsel, to have counsel
			 appointed for him if he is unable to afford counsel without undue hardship, to
			 examine the evidence against him, to produce evidence and to call and subpoena
			 witnesses in his defense, to confront his accusers, and to cross-examine
			 witnesses.
(C) All witnesses at
			 any hearing before the committee shall testify under oath or affirmation. A
			 witness may be accompanied and advised by legal counsel. Participation by such
			 counsel shall be limited to protection of his client's rights. Counsel for a
			 non-party witness may neither examine nor cross-examine any witness.
(D) If, upon a preponderance of the evidence
			 considered at the hearing, the committee finds that the facts alleged in the
			 complaint are true and constitute a violation of section
			  102.02,
			  102.03,
			  102.031 
			 or
			  102.04 
			 of the Revised Code, it shall report its findings to the appropriate
			 prosecuting authority and to the appointing or employing authority of the
			 respondent.
(E) If the committee
			 does not find, on the basis of a preponderance of the evidence, that the facts
			 alleged in the complaint are true and constitute a violation of section
			  102.02,
			  102.03,
			  102.031 
			 or
			  102.04 
			 of the Revised Code, it shall dismiss the complaint.
(F) If a complaint is dismissed, the
			 committee shall, upon the request of the respondent, make a public report of
			 its findings. In such case all evidence and the record of the hearing shall
			 remain confidential unless the respondent requests, in writing, that the
			 evidence and record be made available for public inspection at the office of
			 the committee.
(G) Except as
			 otherwise provided in this rule, all papers, records, affidavits, and documents
			 upon any complaint, inquiry, or investigation relating to the proceedings of
			 the committee shall be sealed and are private and confidential.
(H) A stenographic record shall be made of
			 all hearings conducted under section
			  102.06 
			 of the Revised Code and this chapter.
(I) All hearings held under authority of
			 section
			  102.06 
			 of the Revised Code and this chapter shall be closed to the public.
Five Year Review (FYR) Dates:
				2/8/2018 and
				02/08/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 101.34
Rule Amplifies:
				 102.06
Prior Effective Dates:
				5/18/95
Ohio Administrative Code › Title 101 - Joint Legislative Ethics Committee › Chapter 101-7 - Adjudication Procedures › Section 101-7-13 - Briefs

Current through all regulations passed and filed through July 1, 2024
The committee may require briefs from the parties.
Five Year Review (FYR) Dates:
				2/8/2018 and
				02/08/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 101.34
Rule Amplifies:
				 102.06
Prior Effective Dates:
				5/18/95
Ohio Administrative Code › Title 101 - Joint Legislative Ethics Committee › Chapter 101-7 - Adjudication Procedures › Section 101-7-14 - Computation and extension of time

Current through all regulations passed and filed through July 1, 2024
(A) The date of occurrence of the event
			 causing time to run is not counted in the computation of any time limit under
			 this chapter. The last day of the period is included in the computation of the
			 time limit. If the last day of a period is not a regular business day, the time
			 period runs through the end of the next regularly scheduled business day.
(B) The committee may extend the
			 time for filing or responding to motions and briefs. Requests for extension of
			 time shall be made, in writing, prior to the expiration of any time limit.
Five Year Review (FYR) Dates:
				2/8/2018 and
				02/08/2023
Promulgated
				Under:
				 111.15
Statutory Authority:
				 101.34
Rule Amplifies:
				 102.06
Prior Effective Dates:
				5/18/95
Ohio Administrative Code › Title 101 - Joint Legislative Ethics Committee › Chapter 101-9 - Legislative Lobbying › Section 101-9-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
The purpose of Chapter 101-9 of the Administrative Code is to
				clarify and implement the provisions of sections
				 101.70 
				to
				 101.79 
				and
				 101.99  of the Revised
				Code. As used in this chapter of the Administrative Code and sections
				 101.70 
				to
				 101.79 
				and
				 101.99  of the Revised
				Code:
(A) "Employer" means any person
			 who, directly or indirectly, engages a legislative agent. Employer does not
			 include any person:
(1) Who is a member of a
			 business, trade, professional, civic or other membership organization which
			 employs a legislative agent; and
(2) Who does not directly employ a
			 legislative agent.
Ohio Administrative Code › Title 101 - Joint Legislative Ethics Committee › Chapter 101-11 - Executive Agency Lobbying › Section 101-11-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
The purpose of Chapter 101-11 of the Administrative Code is to
				clarify and implement the provisions of sections
				 121.60 
				to
				 121.68,
				and section
				 121.99  of the Revised
				Code. As used in this chapter of the Administrative Code and sections
				 121.60 
				to
				 121.68,
				and section
				 121.99  of the Revised
				Code.
(A) "Employer" means any person
			 who, directly or indirectly, engages an executive agency lobbyist. Employer
			 does not include any person:
(1) Who is a
			 member of a business, trade, professional, civic or other membership
			 organization which employs an executive agency lobbyist; and
(2) Who does not directly employ an executive
			 agency lobbyist.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-1 - Definitions and Operating Procedures › Section 102-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
For purposes of Chapter 102. of the Administrative Code:
(A) "Advisory opinion" means an opinion
			 rendered by the commission or staff in response to a question concerning
			 ethics, conflicts of interest, financial disclosure, or any other topic covered
			 by Chapter 102. or section
			 2921.42 or
			 2921.43 of the Revised Code.
(1) "Formal advisory opinion" means an
			 opinion reviewed and voted upon by the commission at an open meeting that
			 includes the elements described in paragraph (B)(1) of rule
			 102-3-01 of the
			 Administrative Code.
(2) "Informal
			 advisory opinion" means an opinion written to an individual under the authority
			 of the commission and reviewed and voted upon by the commission at an open
			 meeting that includes the elements described in paragraph (B)(2) of rule
			 102-3-01 of the
			 Administrative Code.
(3) "Staff
			 advisory opinion" means an opinion written by a staff member, not reviewed or
			 voted on by the commission, that is based on prior formal or informal opinions
			 of the commission and includes the elements described in paragraph (B)(3) of
			 rule
			 102-3-01 of the
			 Administrative Code.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-1 - Definitions and Operating Procedures › Section 102-1-02 - Jurisdiction

Current through all regulations passed and filed through July 1, 2024
The jurisdiction of the commission is derived from Chapter 102,
				and sections 2921.42 and
				2921.43 of the Revised Code.
Replaces: 102-7-02
Five Year Review (FYR) Dates:
				02/13/2017 and
				02/01/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102., 2921.42,
				2921.43
Prior
				Effective Dates: 6/8/81, 1/1/02
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-1 - Definitions and Operating Procedures › Section 102-1-03 - Commission and staff

Current through all regulations passed and filed through July 1, 2024
Duties described in Chapter 102. of the Administrative Code
				will be performed by the commission and/or staff as authorized by the
				commission.
Five Year Review (FYR) Dates:
				02/13/2017 and
				02/01/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102., 2921.42,
				2921.43
Prior
				Effective Dates: 1/1/02
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-1 - Definitions and Operating Procedures › Section 102-1-04 - Notice procedure for rule-making

Current through all regulations passed and filed through July 1, 2024
This rule is adopted in accordance with division (A) of section
				
									119.03
								 of the Revised
				Code.
The commission, in giving public notice as to the adoption,
				amendment, or rescission of any rule required to be adopted under Chapter 119.
				of the Revised Code, must publish a notice, at least once, in the register of
				Ohio, and in such other publications as the commission may determine from time
				to time. The notice must appear at least thirty days prior to the date set for
				the hearing of the proposed action on any such rule. The notice must meet the
				requirements of division (A) of section 119,03 of
				the Revised Code.
Replaces: 102-3-01
Five Year Review (FYR) Dates:
				02/13/2017 and
				02/01/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 102.05, 119.
Rule
				Amplifies: 102.02,
				102.03,
				102.05
Prior
				Effective Dates: 1/25/74, 1/1/02
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-1 - Definitions and Operating Procedures › Section 102-1-05 - Commission meetings; notice of meetings

Current through all regulations passed and filed through July 1, 2024
(A) Meetings; quorum; action
The commission will act only at a meeting conducted in
				accordance with this rule. Four members of the commission constitutes a quorum.
				No action will be taken by the commission without the concurrence of four
				members of the commission. Where necessary, Robert's Rules of Order Newly
				Revised will be used as a guide to the proceedings of the commission.
(B) Notice of meetings
(1) Meetings of the commission shall be:
(a) Held in accordance with a schedule
			 adopted by the commission; or
(b)
			 Scheduled at a previous meeting of the commission; or
(c) Called by the chair or a majority of the
			 members with written notice to each member at least five days prior to the
			 meeting, in the case of notice by mail, or at least one day prior to the
			 meeting, in the case of notice by telephone, facsimile, electronic mail, or
			 other communication method used by the commission. Notice of meetings will
			 specify the time and place of the meeting.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-1 - Definitions and Operating Procedures › Section 102-1-06 - Officers and committees

Current through all regulations passed and filed through July 1, 2024
(A) A chair and vice chair will be elected at
			 the first annual meeting of each calendar year, and will serve for one year or
			 until a successor is elected. The vice chair will preside at any meeting of the
			 commission at which the chair is not present. In the absence of the chair and
			 vice chair, the members present will designate a member as the presiding
			 officer.
(B) The commission or
			 chair may establish, abolish,  modify, or
			 appoint members or chairs of committees to assist in performing its statutory
			 authority. No committee will make decisions that require the full vote of the
			 commission. Meetings of committees will be subject to the same notice
			 requirements as commission meetings, set forth in rule
			 102-1-05
			 of the Administrative Code. The advisory committee and
			 investigative committee shall be standing committees.
Effective:
				6/29/2017
Five Year Review (FYR) Dates:
				02/13/2017 and
				06/29/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102.05
Prior
				Effective Dates: 1/1/02, 2/26/12
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-1 - Definitions and Operating Procedures › Section 102-1-07 - Personal Information records

Current through all regulations passed and filed through July 1, 2024
(A) Except as otherwise provided in sections
			 
									102.02
								,
			 
									102.06
								, and
			 
									102.07
								 of the Revised
			 Code and Chapters 102-7 and 102-9 of the Administrative Code, all personal
			 information records of the commission will be maintained in accordance with
			 Chapter 1347. of the Revised Code.
(B) The executive director will designate a
			 staff member to be directly responsible for the personal information system.
			 Such person will maintain all personal records In accordance with Chapters 102.
			 and 1347. of the Revised Code, and shall:
(1)
			 Inform each employee who has any responsibility for the operation or
			 maintenance of the system, or for the use of personal information maintained in
			 the system, of the applicable provisions of Chapter 1347. of the Revised Code
			 and of all rules adopted In accordance with that chapter.
(2) Specify disciplinary measures to be
			 applied to any employee who initiates or otherwise contributes to any
			 disciplinary or other punitive action against any individual who brings to the
			 attention of appropriate authorities, the press, or any member of the public,
			 evidence of unauthorized use of information contained in the system.
(3) Inform a person who is asked to supply
			 personal information for a system whether the person is legally required to, or
			 may refuse to, supply the information.
(4) Monitor the accuracy, relevance,
			 timeliness, and completeness of the personal information in the system and, in
			 accordance with the procedures, maintain the personal information in the system
			 with the accuracy, relevance, timeliness, and completeness that is necessary to
			 assure fairness in any determination made with respect to a person on the basis
			 of the information.
(5) Take
			 reasonable precautions to protect personal information in the system from
			 unauthorized modification, destruction, use, or disclosure.
(6) Assure the collection, maintenance and
			 use of only personal information which is necessary and relevant to the
			 functions the commission is required or authorized to perform by statute,
			 ordinance, code, or rule and the elimination of such information when it is no
			 longer necessary and relevant to those functions.
(7) Provide a person, who is asked to supply
			 personal information that will be placed in an interconnected or combined
			 system, with information relevant to the system, including the identity of the
			 other agencies or organizations that have access to the information In the
			 system.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-1 - Definitions and Operating Procedures › Section 102-1-09 - Procedures for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
For manual or computer personal
				information systems that contain confidential personal information, the Ohio
				ethics commission shall do the following:
(A)
								 Criteria for
			 accessing confidential personal information. Personal information systems of
			 the Ohio ethics commission are managed on a "need-to-know" basis whereby the
			 information owner determines the level of access required for an employee of
			 the ethics commission to fulfill his/her job duties. The determination of
			 access to confidential personal information shall be approved by the employee's
			 supervisor and the information owner prior to providing the employee with
			 access to confidential personal information within a personal information
			 system. The ethics commission shall establish procedures for determining a
			 revision to an employee's access to confidential personal information upon a
			 change to that employee's job duties including, but not limited to, transfer or
			 termination. Whenever an employee's job duties no longer require access to
			 confidential personal information in a personal information system, the
			 employee's access to confidential personal information shall be removed.
(B)
								
			 Individual's request for a list of confidential personal information. Upon the
			 signed written request of any individual for a list of confidential personal
			 information about the individual maintained by the Ohio ethics commission, the
			 ethics commission shall do all of the following:
(1)
									 Verify the
			 identity of the individual by a method that provides safeguards commensurate
			 with the risk associated with the confidential personal information;
(2)
									
			 Provide to the individual the list of confidential personal information that
			 does not relate to an investigation about the individual or is otherwise not
			 excluded from the scope of Chapter 1347. of the Revised Code; and.
(3)
									 If
			 all information relates to an investigation about that individual, inform the
			 individual that the ethics commission has no confidential personal information
			 about the individual that is responsive to the individual's request.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-1 - Definitions and Operating Procedures › Section 102-1-10 - Valid reasons for accessing confidential person information

Current through all regulations passed and filed through July 1, 2024
Pursuant to the requirements of
				division (B)(2) of section
				1347.15 of the Revised Code,
				this rule contains a list of valid reasons, directly related to the Ohio ethics
				commission's exercise of its powers or duties, for which only employees of the
				Ohio ethics commission may access confidential personal information (CPI)
				regardless of whether the personal information system is a manual system or
				computer system:
(A)
								 Performing the following functions constitute valid
			 reasons for authorized employees of the Ohio ethics commission to access
			 confidential personal information:
(1)
									 Responding to a public records request;
(2)
									
			 Responding to a request from an individual for the list of CPI the ethics
			 commission maintains on that individual;
(3)
									 Administering a
			 constitutional provision or duty;
(4)
									 Administering a
			 statutory provision or duty;
(5)
									 Administering an
			 administrative rule provision or duty;
(6)
									 Complying with
			 any state or federal program requirements;
(7)
									 Processing or
			 payment of claims or otherwise administering a program with individual
			 participants or beneficiaries;
(8)
									 Auditing
			 purposes;
(9)
									 Filing processes;
(10)
									 Investigation
			 or law enforcement purposes;
(11)
									 Administrative
			 hearings;
(12)
									 Litigation, complying with an order of the court, or
			 subpoena;
(13)
									 Human resource matters (e.g., hiring, promotion,
			 demotion, discharge, salary/compensation issues, leave requests/issues, time
			 card approvals/issues);
(14)
									 Complying with an executive order or policy;
(15)
									
			 Complying with an ethics commission policy or a state administrative policy
			 issued by the department of administrative services, the office of budget and
			 management or other similar state agency; or
(16)
									 Complying with
			 a collective bargaining agreement provision.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-1 - Definitions and Operating Procedures › Section 102-1-11 - Confidentiality statutes

Current through all regulations passed and filed through July 1, 2024
The following state statutes and
				administrative rules make personal information maintained by the Ohio ethics
				commission confidential and identify the confidential personal information
				within the scope of rules promulgated by the ethics commission in accordance
				with section 1347.15 of the Revised
				Code:
(A)
								 Confidential financial disclosure statements: division
			 (B) of section 102.02 of the Revised Code and
			 rules
			 102-5-05
			 and
			 102-5-08
			 of the Administrative Code.
(B)
								 Documents
			 collected in connection with investigative activity of the Ohio ethics
			 commission: section 102.06 and Chapters 102-7,
			 102-9, and 102-11 of the Administrative Code.
Five Year Review (FYR) Dates:
				07/08/2015 and
				07/08/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 102.05,
				1347.15
Rule
				Amplifies: 102.02,
				102.022,
				102.05,
				102.06,
				102.07, and
				1347.15(B)
Prior Effective Dates:
				09/30/2010
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-3 - Advisory Opinions › Section 102-3-01 - Advisory opinions

Current through all regulations passed and filed through July 1, 2024
(A) The commission may issue advisory
			 opinions, as described in section
			 102.08 of the Revised Code
			 related to ethics, conflicts of interest, financial disclosure, or any other
			 topic covered by Chapter 102. of the Revised Code or section
			 2921.42 or
			 2921.43 of the Revised
			 Code.
(B) Opinions can be formal,
			 informal, or staff opinions.
(1) All formal
			 advisory opinions, reviewed and voted on by the commission at an open meeting,
			 will include the following:
(a) A syllabus summarizing the holding of the
			 commission;
(b) A statement of
			 facts upon which the conclusions are based. Such statement of facts need not
			 disclose the name of any person;
(c) A discussion of the facts and the
			 application of the law;
(d) A
			 serial number indicating the year and the number of the advisory opinion
			 rendered;
(e) The signature of the
			 commission chair; and
(f) Any other
			 requirements in the Revised Code.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-3 - Advisory Opinions › Section 102-3-02 - Advisory committee

Current through all regulations passed and filed through July 1, 2024
(A) The commission may establish an advisory
			 committee to assist in performing its advisory opinion authority. The advisory
			 committee will be composed of fewer than four commission members.
(B) The advisory committee
			 
								may meet
			 as needed to perform the following activities:
(1) Review 
									the advisory activity report reflecting recent
			 advisory opinion requests;
(2)
			 Review requests for opinions to be answered by the commission;
(3) Review drafts of opinions to be presented
			 to the commission; and
(4) Other
			 duties as assigned by the commission or chair, or as determined by the
			 committee.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-3 - Advisory Opinions › Section 102-3-03 - Advisory processes; requests

Current through all regulations passed and filed through July 1, 2024
(A) Within its resources, the commission will
			 answer all written requests for advice related to any topic covered by Chapter
			 102. of the Revised Code or section
			 2921.42 or
			 2921.43 of the Revised Code
			 submitted to the commission.
(B)
			 The commission 
								may acknowledge receipt of  requests for advisory opinions.
(C) The commission will record all requests
			 for advisory opinions in an annual log. The log will include:
(1) The date on which the request is
			 received;
(2) The name of the
			 requester;
(3) The public entity or
			 entities involved;
(4) A brief description of the
			 question;
			 and
(5)
									 A brief summary of the response to the
			 question.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-3 - Advisory Opinions › Section 102-3-04 - Advisory processes; telephone and electronic mail guidance

Current through all regulations passed and filed through July 1, 2024
(A) Within its resources, the commission may
			 provide assistance to any person who requests guidance on questions related to
			 any topic covered by Chapter 102. of the Revised Code or sections
			 2921.42 and
			 2921.43 of the Revised Code,
			 including requests made through telephone calls or electronic mail.
(B) Guidance provided by the commission in a
			 telephone call or electronic mail is not an advisory opinion, and does not
			 provide the recipient or other similarly situated person with the immunity of a
			 written advisory opinion described in section
			 102.08 of the Revised
			 Code.
Effective:
				2/26/2012
Five Year Review
				(FYR) Dates: 3/30/2022 and
				03/30/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				111.15,
				102.05
Rule Amplifies:
				102.05,
				102.08
Prior Effective Dates: 01/01/2002,
				02/26/2012
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-3 - Advisory Opinions › Section 102-3-05 - Advisory processes; RC section 102.04(D) statements

Current through all regulations passed and filed through July 1, 2024
(A) The commission
			 will review all statements filed with the commission pursuant to the
			 requirement in division (D) of section
			 102.04 of the Revised Code. If a
			 statement is incomplete, or appears to be incorrect in any way, the commission
			 will return a copy of the statement for
			 completion or correction by the person who filed it.
(B) A statement is considered filed with the
			 commission for purposes of division (D) of section
			 102.04 of the Revised Code when
			 a signed statement is received by the commission that contains all of the
			 requirements of that section.
(C)
			 The commission will send an acknowledgment of receipt to every person who files
			 a statement reflecting the information required in division (D) of section
			 102.04 of the Revised Code. The
			 acknowledgment will remind the filer to send a copy of the statement to the
			 agency the filer serves and to the agency to which the filer is providing goods
			 or services or before which the filer is providing services for
			 compensation.
(D) The commission
			 will maintain a 
								record of all statements filed with it pursuant to
			 division (D) of section
			 102.04 of the Revised
			 Code.
(E) Consistent with its
			 retention schedule, the commission will retain all statements filed pursuant to
			 division (D) of section
			 102.04 of the Revised
			 Code.
Effective:
				2/11/2017
Five Year Review (FYR) Dates:
				10/20/2016 and
				01/31/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102.04,
				102.05
Prior
				Effective Dates: 1/1/02, 11/29/07
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-3 - Advisory Opinions › Section 102-3-06 - Advisory processes; availability and distribution

Current through all regulations passed and filed through July 1, 2024
(A) The commission will make all of its
			 formal advisory opinions available on its web site.
(B) The commission will provide notice to all
			 individuals who request it whenever an advisory opinion is added to the web
			 site and will provide a link to the opinion.
(C) The commission will maintain an index of
			 formal advisory opinions.
Effective:
				2/26/2012
Five Year Review
				(FYR) Dates: 3/30/2022 and
				03/30/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				111.15,
				102.05
Rule Amplifies:
				102.05,
				102.08
Prior Effective Dates:
				02/16/2012
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-3 - Advisory Opinions › Section 102-3-07 - Advisory opinions; request for reconsideration by recipient of opinion

Current through all regulations passed and filed through July 1, 2024
(A) Any person who
			 receives an opinion can request that the commission reconsider the
			 matter.
(B) When requesting
			 reconsideration, the person must provide:
(1)
			 Facts that were not before the commission or staff when the original request
			 was considered and that would affect the conclusion reached in the original
			 opinion; or
(2) A reason why the
			 holding in the original opinion should be reversed or revised.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-3 - Advisory Opinions › Section 102-3-08 - Travel expenses paid or reimbursed by non-agency sources for travel to conferences, seminars, or similar events

Current through all regulations passed and filed through July 1, 2024
(A)
								 The purpose of
			 the rule is to set standards and conditions for the furnishing and acceptance
			 of travel, meals, and lodging expenses or reimbursements, to public officials
			 or employees, from sources other than the agency that the official or employee
			 serves, for travel to conferences, seminars, and similar events, as defined in
			 this rule and in appendix 1 to this rule.
(B)
								 This rule
			 applies to any public official or employee who is subject to the jurisdiction
			 of the Ohio ethics commission as provided in division (F) of section
			 102.01 of the Revised Code. This
			 includes officials or employees of any state department, board, commission, or
			 university, any county, city, village, township, public library, port
			 authority, regional transit authority, or other public agency. It does not
			 include judicial officers and employees, or members or employees of the general
			 assembly, and employees of the legislative service commission.
(C)
								 As used in this
			 rule:
(1)
									
			 "Travel expenses" are transportation, meal, and lodging expenses paid for or
			 reimbursed to a public official or employee. Travel expenses include, but are
			 not limited to, payments or reimbursements for lodging, meals, food, or
			 beverages, air, train, or cab fare, car rentals, and parking.
(2)
									 "Conference" is
			 a prearranged gathering with a formal agenda, for consultation or exchange of
			 information or discussion that benefits the state or a political subdivision of
			 the state including a meeting of a national, state, or regional
			 organization.
(3)
									 "Seminar" is a meeting on a particular subject or
			 related subjects, usually with one or more instructors or experts, for
			 education, discussion, study, or exchange of information.
(4)
									 "Person" is an
			 individual, corporation, tax-exempt or non-profit organization, business trust,
			 estate, trust, partnership, association, or governmental agency or
			 instrumentality.
(5)
									 A person is "interested in matters before" a public
			 agency if the person has a definite and direct financial interest in a matter
			 that is before the agency.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-5 - Financial Disclosure Filing › Section 102-5-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
For purposes of Chapter 102-5 of the Administrative
				Code:
(A) "Assistant director" means
			 an individual appointed by the director, and who acts as director in the
			 absence or disability of the director, and acts as director when the position
			 of director is vacant.
(B) "Chief
			 administrative or executive officer" means an executive director, executive
			 secretary, general manager, president, administrator, or other chief
			 administrative or executive officer.
(C) "Commercial delivery service" means any
			 delivery company that is incorporated in the state of Ohio or holds a
			 certificate of compliance authorizing it to do business in this state and that
			 maintains records of shipping and delivery dates.
(D) "Deputy director" means an individual who
			 serves in a position below that of director and any assistant director, and
			 above the position of division chief.
(E) "Director" means the administrative head
			 of a state department who directs, supervises, and controls the officers and
			 divisions of the department.
(F)
			 "Division chief" means an individual who serves as head of a division or other
			 part of a department established for the convenient performance of one or more
			 of the functions committed to a department.
(G) "Entity" 
								includes a
			 board, commission, agency, institution, council, or other instrumentality of
			 the state.
(H) "Filer" means any
			 person who has filed, or is required to file, a financial
			 disclosure statement with the Ohio ethics commission.
(I) "Person of equivalent rank" means any
			 person who holds a position that is equivalent in rank to the positions of
			 director, assistant director, deputy director, and division chief, as defined
			 in paragraphs (A), (D), (E), and (F) of this rule.
(J) "Voluntary filer" means a person who is
			 not required by division (A) or (B) of section
			 102.02 of the Revised Code to
			 file a financial disclosure statement, and chooses to voluntarily file a
			 statement with the commission that comports with the requirements of division
			 (A) of section 102.02 of the Revised
			 Code.
Effective:
				2/11/2017
Five Year Review (FYR) Dates:
				10/20/2016 and
				01/31/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102.02,
				102.022,
				102.07
Prior
				Effective Dates: 1/1/02
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-5 - Financial Disclosure Filing › Section 102-5-02 - Financial disclosure statements

Current through all regulations passed and filed through July 1, 2024
(A) The commission shall maintain all
			 financial disclosure statements filed under section
			 102.02 of the Revised Code
			 pursuant to its retention schedule.
(B) Financial disclosure statements will be
			 stored by the commission in electronic or hard copy form.
			  Statements stored in the commission's
			 office or at a secure storage facility acquired for that purpose will be made
			 available for public inspection at the commission's office. Statements
			 maintained under this paragraph at the Ohio historical society will be
			 available at the society.
(C) A
			 financial disclosure statement that is required to be confidential pursuant to
			 division (B) of section
			 102.02 of the Revised Code will
			 be maintained by the commission at its office pursuant to the commission's
			 retention schedule. Except as described in division (B) of section
			 102.02 of the Revised Code and
			 rule
			 102-5-08
			 of the Administrative Code, a financial disclosure statement that is required
			 to be confidential is not available for public inspection.
(D) A financial disclosure statement filed by
			 a voluntary filer must comply with the provisions of division (A) of section
			 102.02 of the Revised Code. A
			 statement filed by a voluntary filer will be maintained in accordance with
			 paragraph (B) of this rule.
Effective:
				2/11/2017
Five Year Review (FYR) Dates:
				10/20/2016 and
				01/31/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102.02,
				102.022,
				102.07
Prior
				Effective Dates: 1/1/02, 02/26/12
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-5 - Financial Disclosure Filing › Section 102-5-03 - Financial disclosure filing requirement; persons of equivalent rank to directors, assistant directors, deputy directors, or division chiefs of state administrative departments

Current through all regulations passed and filed through July 1, 2024
(A) Each director, assistant director, deputy
			 director, division chief, and person of equivalent rank, of any administrative
			 department of the state, must file a financial disclosure statement with the
			 commission.
(B) Upon request by an
			 administrative department of the state, the executive director of the
			 commission, after reviewing the duties and responsibilities of a position of
			 any employee or official of the department, may determine whether the employee
			 or official holds a position of equivalent rank to director, assistant
			 director, deputy director, or division chief, and is thereby required the
			 employee or official to file an annual financial disclosure statement. The
			 executive director will report any determination made under this paragraph at
			 the next commission meeting following such determination.
(C) At its discretion, or upon the request of
			 a filer, the commission may review the decision of the executive director under
			 paragraph (B) of this rule and change or modify that decision.
Effective:
				11/29/2007
Five Year Review
				(FYR) Dates: 3/30/2022 and
				03/30/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				111.15,
				102.05
Rule Amplifies:
				102.02,
				102.022,
				102.07
Prior Effective Dates:
				01/13/2012
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-5 - Financial Disclosure Filing › Section 102-5-04 - Financial disclosure filing requirement; chief administrative or executive officers of sovereign power state boards and commissions

Current through all regulations passed and filed through July 1, 2024
This rule is adopted pursuant to division (B) of section
				102.02 of the Revised
				Code.
(A) The chief administrative or
			 executive officer of any entity who holds a position that involves a
			 substantial and material exercise of administrative discretion in the
			 formulation of public policy, expenditure of public funds, enforcement of laws,
			 rules, and regulations of state, or the execution of other public trusts, is
			 required to file an annual financial disclosure statement.
(B) The commission must send any person who
			 is required to file a financial disclosure statement under this rule written
			 notice of this requirement not less than thirty days before the applicable
			 filing deadline, unless the person is appointed after that date.
(C) If a person who is required to file a
			 financial disclosure statement under this rule is appointed after that date,
			 the commission will send the person written notice of this requirement within
			 thirty days after the commission is notified of the appointment.
(D) In satisfying the written notice
			 requirement described in paragraphs (B) and (C) of this rule, the commission
			 may send written notice of the financial disclosure filing requirement to the
			 entity with which the person is or was associated during the financial
			 disclosure statement filing period.
Effective:
				2/11/2017
Five Year Review (FYR) Dates:
				10/24/2016 and
				01/31/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 102.02
Rule
				Amplifies: 102.02
Prior
				Effective Dates: 1/1/76, 1/1/02, 3/25/16