reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-02 - Processing license

Current through all regulations passed and filed through July 1, 2024
(A)
								No person shall process hemp without a hemp processing
			 license issued by the department.
(B)
								Hemp processing
			 licenses are valid for a period of three years provided that the licensee is
			 compliant with Chapter 928. of the Revised Code and this
			 chapter.
(C)
								Hemp processing licenses shall be renewed every three
			 years by complying with the rules of this paragraph, including obtaining the
			 required background check(s) as outlined in rule 901:14-2-05 of  the Administrative Code.
(D)
								The department may only issue a hemp processing license
			 if the applicant has:
(1)
									Submitted a complete application as outlined in rule 901:14-2-03 of  the Administrative Code;
(2)
									Submitted both
			 the application fee, if during the first year of licensure, and the annual
			 license fee as outlined in rule 901:14-2-04 of  the Administrative Code;
(3)
									Completed the required background check(s) as outlined
			 in rule 901:14-2-05 of  the Administrative Code and the applicant and no key participant of the business entity has, within the last ten years, plead guilty to or been convicted of a disqualify offense.
(4)
									Successfully
			 passed the initial facility inspection performed by the department to determine
			 that the facility is in compliance with Chapter 928. of the Revised Code and
			 this chapter.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-03 - Processing application

Current through all regulations passed and filed through July 1, 2024
(A)
								A person applying for a hemp processing license shall
			 apply on a form provided by the department.
(B)
								An applicant
			 shall provide all of the following information to the department:
(1)
									If the applicant
			 is an individual:
(a)
										The full legal name of the applicant;
(b)
										The physical
			 address of the applicant;
(c)
										The mailing address of the applicant;
(d)
										The email address
			 of the applicant; and
(e)
										The phone number of the applicant.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-04 - Fees

Current through all regulations passed and filed through July 1, 2024
(A)
								Processing fee schedule.
(1)
									The application
			 fee shall be one hundred dollars for each processing
			 application.
(2)
									The annual license fee shall be five hundred dollars
			 for processing the raw grain component of hemp for each processing
			 site.
(3)
									The annual license fee shall be five hundred dollars
			 for processing the raw fiber component of hemp for each processing
			 site.
(4)
									The annual license fee shall be three thousand dollars
			 for processing the raw floral component of hemp for each processing
			 site.
(5)
									The annual license fee for processors using
			 cannabinoids in human and animal food, dietary supplements, cosmetics, and
			 personal care product for each processing site shall be:
(a)
										 Five hundred
			 dollars for wholesale production; and
(b)
										Two hundred fifty
			 dollars for retail production.
(6)
									A processor of
			 more than one component shall pay the annual license fee of each
			 component.
(7)
									All samples taken pursuant to the chapter shall be
			 taken free of charge for testing conducted by the department. The samples
			 become the property of the department and are non-returnable.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-05 - Background checks

Current through all regulations passed and filed through July 1, 2024
(A)
								All applicants and key participants in the business
			 entity, if applicable, shall submit to a criminal records check completed by
			 the bureau of criminal identification and investigation in accordance with
			 section  928.03  of the Revised
			 Code.
(B)
								Applicants submitting a renewal application must comply
			 with paragraph (A) of this rule prior to the expiration of their existing
			 license.
(C)
								The department shall not grant a license to an
			 applicant unless the applicant and all key participants complete a criminal
			 background check and have not plead guilty or been convicted of a disqualifying
			 offense in the ten years prior to applying for a license. No background check
			 that was completed in excess of sixty-days prior to application can be accepted
			 by the department.
(D)
								The applicant requesting a criminal records check shall
			 submit with a request to the bureau of criminal identification and
			 investigation: a completed copy of a form prescribed under division (C)(1) of
			 section  109.572  of the Revised Code; a
			 set of fingerprint impressions obtained as described in division (C)(2) of
			 section  109.572  of the Revised Code; the
			 applicant's name and address; the department's name and address; and, a request
			 that the superintendent of the bureau of criminal identification and
			 investigation obtain from the federal bureau of investigation any information
			 it has pertaining to the applicant.
(E)
								The department
			 shall only accept results of a criminal records check submitted to the
			 department directly from the bureau of criminal identification and
			 investigation.
(F)
								The applicant shall bear all costs associated with the
			 criminal records check as determined by the bureau of criminal identification
			 and investigation, the federal bureau of investigation, and by any agency with
			 authority to charge a fee for fingerprint impressions.
(G)
								If the department
			 does not receive the background check of all required parties within thirty
			 days of submitting their application, the application shall be deemed an
			 abandoned application unless the applicant requests an extension waiver of
			 thirty days to complete the background check requirement. If the department
			 does not receive the background check by the end of the extension period, the
			 department will consider the application abandoned.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-06 - Land use restrictions for licensed processors

Current through all regulations passed and filed through July 1, 2024
A licensed processor shall
				not:
(A)
								Process or store any cannabis that is not
			 hemp.
(B)
								Process or store hemp or hemp products on any site not
			 approved by the department.
(C)
								Process, handle,
			 or store hemp or hemp products in a building used as a personal residence or on
			 land that is zoned for residential use.
(D)
								Process, handle
			 or store hemp or hemp products in or adjacent to any structure that is used or
			 zoned for residential purposes.
(E)
								Process hemp in
			 any location, unless prior approval is received in writing from the department,
			 that is located within five hundred feet of the boundaries of a parcel of real
			 estate, measured from the closest point of the property lines, having situated
			 on it a school or public park. Except that this does not apply to research
			 being conducted by a university that is approved by the
			 director.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-07 - Financial responsibility

Current through all regulations passed and filed through July 1, 2024
(A)
								Any licensed
			 processor who purchases raw, unprocessed hemp plant material shall meet the
			 standards of financial responsibility required under this rule.
(B)
								Each licensed
			 processor having sold equal to or less than ond hundred thousand dollars of
			 raw, unprocessed hemp plant material in the previous calendar year shall have
			 and maintain a surety bond in the amount of ten thousand dollars. Each licensed
			 processor having sold more than one hundred thousand dollars of raw,
			 unprocessed hemp plant material in the previous calendar year shall have and
			 maintain a surety bond in the amount of twenty thousand
			 dollars.
(C)
								In order to demonstrate the financial responsibility
			 required in paragraph (B) of this rule, the licensed processor shall file a
			 surety bond issued by a corporate surety company that is authorized to do
			 business under the laws of this state with the department. The surety bond
			 shall be subject to redemption by the state only upon a suspension, revocation,
			 or insolvency of a licensed processor for the purpose of repaying the licensed
			 processor's obligations to creditors which are licensed cultivators pursuant to
			 Chapter 901:14-1 of the Administrative Code. Redemption shall only be for an
			 amount equal to the claims made by creditors which are licensed cultivators.
			 Regardless of the amount of claims made against the bond and the number of
			 periods the bond covers, the maximum liability under the bond is the penal sum.
			 The bond shall be continuous. The bond shall, however, include a provision for
			 cancellation, subject to a notice period of thirty days with notice provided to
			 the processor and to the department.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-08 - Inspection and sampling

Current through all regulations passed and filed through July 1, 2024
(A)
								All hemp processing facilities shall be subject to
			 inspection and sampling by the department for compliance with Chapter 928. of
			 the Revised Code and this chapter.
(B)
								Representatives
			 of the department shall be provided with complete and unrestricted access to
			 all hemp and other cannabis plants, and all land, buildings, and other
			 structures used for the processing, handling, and storage of all hemp and other
			 cannabis plants; and all locations listed in the license
			 application.
(C)
								Samples may be collected by the department and tested
			 to determine compliance with Chapter 928. of the Revised Code andthis
			 chapter.
(D)
								All samples taken pursuant to the rule shall be
			 provided for testing conducted by the department at no cost to the department.
			 The samples become the property of the department and are
			 non-returnable.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-10 - Sources

Current through all regulations passed and filed through July 1, 2024
(A)
								All hemp processors extracting cannabinoids from hemp
			 plant material shall obtain these materials from:
(1)
									A licensed hemp
			 cultivator in the state of Ohio;
(2)
									A licensed
			 cultivator in another state or jurisdiction's hemp program which has been
			 approved by the United States department of agriculture under
			  7 U.S.C. 1639; or
(3)
									An entity
			 residing in a foreign jurisdiction where the hemp material has been tested in
			 accordance with rule 901:14-1-10 of  the Administrative Code.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-11 - Extraction operational plan

Current through all regulations passed and filed through July 1, 2024
All processors extracting cannabinoids
				from hemp plant material shall have and follow an operational plan. The plan
				shall include at a minimum:
(A)
								Implementation of standards and guidelines for
			 processing of plant material and the extraction of
			 cannabinoids;
(B)
								Establish training and safety policies for the safe
			 operation and maintenance of any and all equipment that will be used for
			 extracting cannabinoids to ensure that any person involved in processing
			 hemp:
(1)
									Has
			 been fully trained in the safe operation and maintenance of any and all
			 equipment that will be used for hemp extraction, with supporting documentation
			 of the training;
(2)
									Has been fully trained in the safe use, handling, and
			 storage of any and all chemicals that will be used for hemp extraction, in
			 accordance with OSHA protocols, with supporting documentation of the
			 training;
(3)
									Has been fully trained in the safe and sanitary
			 execution of any applicable post-extraction refining protocols; and
(4)
									Has
			 been fully trained in the safe and sanitary execution of any applicable
			 manufacturing processes, including any applicable food safety standards under
			 Chapter 901:3-117 of the Administrative Code.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-12 - Extraction methods and training

Current through all regulations passed and filed through July 1, 2024
A processor may only use the methods,
				solvents, and gases set forth in this rule in the manufacture of hemp
				products.
(A)
								A processor may use hydrocarbon solvent-based
			 extraction methods in a spark-free and properly ventilated environment,
			 isolated from any open flame or ignition source, and may use the following
			 solvents, at a minimum of ninety-nine per cent purity, in a professional grade,
			 closed-loop extraction system designed to recover the solvents:
(1)
									Propane;
(2)
									N-butane;
(3)
									Isobutane;
(4)
									Heptane;
			 or
(5)
									Other solvents exhibiting minimal potential toxicity to
			 humans with the approval of the department.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-13 - Laboratory testing

Current through all regulations passed and filed through July 1, 2024
(A)
								All hemp products prior to being offered for sale shall
			 be tested in accordance with this rule.
(B)
								The hemp
			 processor shall select a random sample from every batch or lot of hemp products
			 produced at their facility that is of sufficient quantity to perform the
			 required tests. The sample shall be tested by a testing laboratory which meets
			 the requirements of rule 901:14-2-14 of  the Administrative Code.
(C)
								Unless otherwise
			 stated in paragraph (G) of this rule, a processor shall have the testing
			 laboratory test every required hemp product sample for:
(1)
									Microbial
			 contaminants of public health concern;
(2)
									Cannabinoid
			 potency including, at minimum:
(a)
										Delta-9-tetrahydrocannabinolic acid
			 (THCA);
(b)
										Delta-9-tetrahydrocannabinol (THC);
(c)
										Cannabidiolic
			 acid (CBDA);
(d)
										Cannabidiol (CBD); and
(e)
										All other
			 cannabinoids listed on the product label.
(3)
									Mycotoxins;
(4)
									Heavy metals,
			 including, at a minimum, arsenic, cadmium, lead, and mercury;
			 and
(5)
									Residual solvents, if a solvent other than carbon
			 dioxide was used in the extraction process, if applicable.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-14 - Testing laboratories

Current through all regulations passed and filed through July 1, 2024
For the purposes of this chapter,
				"testing laboratory" means any laboratory which is accredited to the 2017
				edition of ISO/IEC 17025 "General Requirements for the Competence of Testing
				and Calibration Laboratories" standard by a non-profit accreditation body that
				is signatory to the "International Laboratory Accreditation Cooperation (ILAC)
				Mutual Recognition Agreement (MRA)" and which operates in accordance with ISO/
				IEC 17011 "General Requirements for accreditation Bodies Accrediting Conformity
				Assessment Bodies."
The methods utilized by the laboratory
				in testing done pursuant to this chapter must be within their scope of
				accreditation.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-15 - Laboratory reporting

Current through all regulations passed and filed through July 1, 2024
(A)
								A licensed processor shall ensure that the testing
			 laboratory selected create a unique certificate of analysis for each batch or
			 lot tested on its behalf, which shall include, at minimum:
(1)
									The name and
			 address of the testing laboratory where the analysis was
			 performed;
(2)
									The ISO certification number of the testing
			 laboratory;
(3)
									The name of the processor from whom the sample was
			 received;
(4)
									The address of the processing facility where the sample
			 was processed;
(5)
									The name of the product tested;
(6)
									A unique batch or
			 lot number that will match the hemp product, in order to facilitate any
			 warnings or recalls the department deems appropriate;
(7)
									The date or dates
			 on which each test was performed;
(8)
									The date or dates
			 the sample was collected;
(9)
									The cannabinoid profile of the sample, including the
			 percentage content by weight for, at minimum:
(a)
										Delta-9-tetrahydrocannabinol (THC);
(b)
										Delta-9-tetrahydrocannabinolic acid (THCA);
(c)
										Cannabidiol
			 (CBD);
(d)
										Cannabidiolic acid (CBDA); and
(e)
										All other
			 cannabinoids listed on the product label.
(10)
									Results of
			 analysis for microbial contamination, as applicable;
(11)
									Quantitative
			 results of analysis for heavy metal contamination, as
			 applicable;
(12)
									Quantitative results of analysis for mycotoxins, as
			 applicable;
(13)
									Quantitative results of analysis for residual solvents,
			 as applicable; and
(14)
									The signature of the laboratory manager or scientific
			 director certifying the analysis.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-16 - Processor waste disposal

Current through all regulations passed and filed through July 1, 2024
(A)
								For the purpose
			 of this rule, "hemp byproducts and waste" means a byproduct, produced as a
			 result of processing hemp, that contains more than  0.3  per cent THC by dry
			 weight basis.
(B)
								A licensed processor shall dispose of hemp byproducts
			 or waste in such a manner as to render the hemp byproduct or waste
			 unusable.
(C)
								Hemp byproducts or waste that is rendered unusable
			 shall be discarded into a locked dumpster or other approved, locked container
			 for removal from the facility by a waste removal company selected by the
			 processor. Hemp byproducts or waste shall be rendered unusable by the processor
			 by grinding and incorporating the hemp byproducts or waste with one or more of
			 the non-consumable, solid wastes listed below, such that the resulting mixture
			 is at least fifty-one per cent non-hemp byproduct or waste:
(1)
									Paper
			 waste;
(2)
									Cardboard waste;
(3)
									Food
			 waste;
(4)
									Yard waste;
(5)
									Soil or other
			 growth media;
(6)
									Other wastes approved by the
			 department.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-17 - Labeling

Current through all regulations passed and filed through July 1, 2024
(A)
								All hemp products, except for those made exclusively
			 from hemp fibers, shall be labeled:
(1)
									In accordance with the following standards:
(a)
										The labeling
			 requirements found in rule 901:3-1-11 of  the Administrative Code.
(b)
										The standard of identity requirements found in rule 901:3-1-12 of  the Administrative Code.
(c)
										The food coloring
			 requirements found in rule 901:3-1-13 of  the Administrative Code.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-18 - Records

Current through all regulations passed and filed through July 1, 2024
(A)
								Each processor shall keep and maintain upon the
			 licensed premises for a five-year period, unless otherwise stated in these
			 rules, true, complete, legible, and current books and records. All required
			 records must be made available for inspection if requested by the department.
			 The following records shall be maintained:
(1)
									Records relating
			 the purchase of raw, unprocessed plant material including:
(a)
										Name and license
			 number of licensed cultivator from which the processor purchased the
			 material;
(b)
										If the licensed cultivator is licensed in a state or
			 jurisdiction other than Ohio, the state or jurisdiction of licensure, their
			 address, and a copy of their cultivator license;
(c)
										A bill of sale or
			 other document that indicates the purchase price, purchased quantity, and date
			 of sale;
(d)
										The certificate of analysis from the appropriate
			 laboratory authority which indicates that the purchased material meets the
			 definition of hemp; and
(e)
										A document indicating the total purchase amount of raw,
			 unprocessed plant material in the last calendar year.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-19 - Prohibited products

Current through all regulations passed and filed through July 1, 2024
(A)
								The following products shall not be offered for
			 sale:
(1)
									Any
			 hemp product which exceeds the acceptable hemp THC level.
(2)
									All hemp products
			 contained in a batch or lot which via laboratory testing:
(a)
										Fails to satisfy
			 the standards set forth in Table 9 of the "Cannabis Inflorescence: Standards of
			 Identity, Analysis, and Quality Control" (2014) monograph.
(b)
										For the purposes
			 of mycotoxin contamination analysis:
(i)
											The total of the
			 detected amounts, if any, of aflatoxin B1, aflatoxin B2, aflatoxin G1, and
			 aflatoxin G2 exceeds twenty micrograms per kilogram; and
(ii)
											The detected
			 amount, if any, of ochratoxin A exceeds twenty micrograms per
			 kilogram.
(c)
										For the purposes of heavy metal contamination
			 analysis:
(i)
											The detected amount of arsenic, if any, exceeds  0.42  parts
			 per million.
(ii)
											The detected amount of cadmium, if any, exceeds  0.27 
			 parts per million.
(iii)
											The detected amount of lead, if any, exceeds  0.87  parts
			 per million.
(iv)
											The detected amount of mercury, if any, exceeds  0.87 
			 parts per million.
(d)
										For the purposes
			 of pesticide residue analysis, fails to satisfy the most stringent acceptable
			 standard for an approved pesticide chemical residue in a food item as set forth
			 in   40 C.F.R. Part 180, as effective on September 8, 2017.
(3)
									Any
			 hemp product that was produced in violation of Chapter 928. of the Revised Code
			 or this chapter.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-20 - Notice of adulteration or misbranding

Current through all regulations passed and filed through July 1, 2024
(A)
								Whenever the
			 director of agriculture finds or has cause to believe, that any hemp product is
			 adulterated or so misbranded as to be dangerous or fraudulent, within the
			 meaning of sections  3715.01  and
			  3715.52  to
			  3715.72  of the Revised Code, the
			 director shall affix to the hemp product a tag or other appropriate marking,
			 giving notice that the hemp product is, or is suspected of being, adulterated
			 or misbranded, and has been detained or embargoed, and warning all persons not
			 to remove or dispose of the hemp product by sale or otherwise until permission
			 for removal or disposal is given by the director.
(B)
								When a hemp
			 product detained or embargoed has been found by the director to be adulterated
			 or misbranded, the director shall petition the municipal or county court in
			 whose jurisdiction the hemp product is detained or embargoed for an order for
			 condemnation of the hemp product.
(C)
								If the court
			 finds that a hemp product is adulterated or misbranded, the hemp product shall,
			 after entry of the decree, be destroyed at the expense of the claimant thereof,
			 under the supervision of the director, and all court costs, fees, storage, and
			 other proper expenses shall be taxed against the claimant of the hemp product
			 or the claimant's agent; provided, that when the adulteration or misbranding
			 can be corrected by proper labeling or processing of the hemp product, the
			 court, after entry of the decree and after such costs, fees, and expenses have
			 been paid and a good and sufficient bond as ordered by the court, conditioned
			 that the hemp product shall be so labeled or processed, has been executed, may
			 by order direct that the hemp product be delivered to the claimant thereof for
			 labeling or processing under the supervision of the director. The expense of
			 supervision shall be paid by the claimant. The bond shall be returned to the
			 claimant of the hemp product on representation to the court by the director
			 that the hemp product is no longer in violation of sections
			  3715.01  and
			  3715.52  to
			  3715.72  of the Revised Code, and
			 that the expenses of supervision have been paid.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-21 - Cooperation with law enforcement and other federal agencies

Current through all regulations passed and filed through July 1, 2024
(A)
								The department
			 shall provide information about approved processing, handling, and storage site
			 locations to representatives of the United States department of agriculture
			 (USDA), and any federal, state, or local law enforcement agency whose
			 representatives request licensed site information, including GPS
			 coordinates.
(B)
								Immediately upon request, licensees shall produce a
			 copy of his or her license to a representative of the department or a law
			 enforcement agency.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-99 - Enforcement

Current through all regulations passed and filed through July 1, 2024
(A)
								The director shall deny, suspend, or revoke a hemp
			 processing license if the licensed processor or applicant has:
(1)
									Provided false or
			 misleading information on the hemp processing application or renewal
			 application;
(2)
									Not complied with the background check requirements as
			 outlined in rule 901:14-2-05 of  the Administrative Code;
(3)
									Plead guilty to
			 or was convicted of a felony relating to a controlled substance within the last
			 ten years; and
(4)
									Negligently violated section
			  928.04  of the Revised Code or
			 this chapter three or more times in any five-year period.
Ohio Administrative Code › Title 991 - Ohio Expositions Commission › Chapter 991-1 - Notice of Meetings › Section 991-1-01 - Proposed rule concerning notice of meetings

Current through all regulations passed and filed through July 1, 2024
(A) Authority: This rule is adopted in
			 compliance with, and under the authority of division (F) of section
			  121.22 
			 of the Revised Code, as amended, effective November 28, 1975.
(B) Any person may ascertain the time and
			 place of all regularly scheduled meetings and the time, place and purpose of
			 all special meetings by:
(1) Writing to the
			 following address: "Public Relations Office, Ohio Expo Center, 717 E. 17th
			 Avenue, Columbus, Ohio 43211";
(2)
			 Calling the following telephone number during normal business hours: (614)
			 644-4000;
(3) Consulting the
			 receptionist in the lobby of the administration building at the Ohio expo
			 center.
Ohio Administrative Code › Title 991 - Ohio Expositions Commission › Chapter 991-2 - Junior Livestock Competitions › Section 991-2-01 - Junior livestock division competitions

Current through all regulations passed and filed through July 1, 2024
(A) Definitions-
(1) "Unethical fitting"-means to alter or
			 change the natural appearance, weight, musculature or conformation of an animal
			 in an unnatural or artificial manner, including but not limited to, the removal
			 of animal tissue or body part, to cut or tear the hide, to cover, dye or color
			 the hair or hide, to add artificial tailheads, switches, polls, hair, or heals,
			 or to administer, feed, give or inject any substance or drug to an animal
			 exhibited, except when medically necessary or when the drug used has been
			 approved for such use by the food and drug administration or United States
			 department of agriculture.
(2)
			 "Classification"-means the eligibility requirements and qualifications for a
			 competition of a particular breed of animal as determined by the national
			 association for junior shows or a breeding association recognized by the
			 agricultural director of the Ohio expositions commission.
(3) "Immediate family" means a mother,
			 father, brother, sister, grandparent, uncle or aunt of an exhibitor by marriage
			 or by law.
Ohio Administrative Code › Title 1301 - Department of Commerce - Administration and Director › Chapter 1301-1 - Notice of Rules › Section 1301-1-01 - Notice of promulgation of rules and regulations

Current through all regulations passed and filed through July 1, 2024
(A) Whenever the director of the department
			 of commerce proposes to adopt, amend or rescind any rule or regulation which
			 the director is authorized by law to do, the department of commerce will hold a
			 public hearing. The hearing will be held at least thirty days after the
			 proposed rule changes have been filed pursuant to section
			 119.03 of the Revised Code and
			 after reasonable public notice has been given pursuant to this rule.
(B) Public notice shall consist of a
			 statement of the department's intention to adopt, amend or rescind a rule, a
			 general statement of the subject matter to which the proposed rule adoption,
			 amendment, or rescission relates, a statement of the purpose for adopting,
			 amending, or rescinding the rule, and a statement designating the date, time
			 and place of the hearing.
(C)
			 Pursuant to section 119.037 of the Revised Code, at
			 least thirty days prior to the date of the hearing, public notice shall be
			 published in the register of Ohio on the internet at
http://www.registerofohio.state.oh.us
.
			 Public notice may also be published on the department's web site, however, such
			 department web site notice shall not be mandatory, and failure to give such
			 additional notice shall not invalidate any action that may be taken by the
			 director.
Five Year Review (FYR) Dates:
				10/18/2018 and
				01/18/2023
Promulgated
				Under: 119.03
Statutory
				Authority: ORC 121.07
Rule
				Amplifies: ORC 119.03
Prior
				Effective Dates: 03/23/1968, 12/26/2003,
				11/27/2013
Ohio Administrative Code › Title 1301 - Department of Commerce - Administration and Director › Chapter 1301-1 - Notice of Rules › Section 1301-1-02 - Financial literacy education fund

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to section
			 1321.21
			 of the Revised Code, five per cent of all charges, penalties and forfeitures
			 received into the consumer finance fund of the division of financial
			 institutions shall be transferred to the financial literacy education fund
			 created under the provisions of section
			 121.085
			 of the Revised Code. Transfers shall be made at least quarterly within thirty
			 days of the end of each fiscal quarter.
(B) At least one-half of the financial
			 literacy education programs developed or implemented pursuant to section
			 121.085
			 of the Revised Code and offered to the public must be presented by or available
			 at public community colleges or state institutions throughout the
			 state.
(C) Adult financial literacy
			 education programs may be open to individuals of all ages.
(D) The director of commerce may accept
			 applications for the receipt of financial literacy education funds for adult
			 financial literacy programs. An application for receipt of financial literacy
			 education funds shall be in writing, under oath, and in the form prescribed by
			 the director of commerce and shall include, at minimum, the following:
(1) The name and address of the
			 applicant;
(2) Evidence that the
			 applicant maintains all necessary filings and approvals required by the
			 secretary of state;
(3) An audited
			 financial statement. If more than ninety days have passed since the date of the
			 most recent audited financial statement, the applicant shall provide an
			 unaudited financial statement dated within sixty days of application to
			 supplement its most recent audited financial statement;
(4) A detailed description of the program
			 explaining all content, including but not limited to, proposed program
			 materials, method of presentation to include whether the program will be
			 available online, expected duration of the presentation, proposed dates of
			 presentation, and how the program is applicable to financial
			 literacy;
(5) The method of
			 verification of attendance and the method used to ensure students master the
			 material, such as a quiz;
(6) The
			 names, addresses, and resumes for all program instructors;
(7) Materials that will be used to market the
			 financial literacy program;
(8) A
			 proposed budget indicating how a grant award would be spent; and
(9) Any other information the director
			 requires.
Ohio Administrative Code › Title 1301 - Department of Commerce - Administration and Director › Chapter 1301-1 - Notice of Rules › Section 1301-1-04 - Military provisions related to licensure

Current through all regulations passed and filed through July 1, 2024
(A)
								
			 Definitions.
(1)
									 "Veteran" means for the purpose of this rule anyone
			 who is serving or has served under honorable conditions in any component of the
			 armed forces of the United States including the national guard and
			 reserve.
(2)
									 "Licensure or License" means for the purpose of this
			 rule a license or certification issued in accordance with Chapters 1321.,
			 1322., 4301., 4303., 4712., 4727., and 4728. of the Revised Code or sections
			 169.16,
			 169.17,
			 1315.21 to
			 1315.30,
			 1332.21 to
			 1332.34,
			 1707.15,
			 1707.151,
			 1707.16,
			 1707.161,
			 1707.163,
			 1707.165,
			 3703.01,
			 3703.21,
			 3737.22,
			 3737.65,
			 3737.83,
			 3737.88,
			 3737.881,
			 3743.50,
			 3743.51,
			 3743.52,
			 3743.56,
			 4104.07,
			 4104.19, and
			 4105.02 of the Revised
			 Code.
(3)
									 "Department" means the Ohio department of commerce and
			 its divisions and superintendents.
Ohio Administrative Code › Title 1301:1 - Division of Financial Institutions: Banks › Chapter 1301:1-1 - Notice of Meetings of the Banking Board › Section 1301:1-1-02 - Open public meetings of the banking commission

Current through all regulations passed and filed through July 1, 2024
(A) This rule is adopted in compliance with,
			 and under the authority of division (F) of section
			  121.22 
			 of the Revised Code, as amended.
(B) Any person may determine the time and
			 place of all regularly scheduled meetings and the time, place, and purpose of
			 all special meetings of the banking commission by:
(1) Writing to the following address: "deputy
			 superintendent for banks, 77 South High Street, Columbus, Ohio
			 43215-6120
									";
(2) Calling the following telephone number
			 during normal business hours: 614-728-8400;
(3) Inquiring at the reception desk for the
			 division of financial institutions on the twenty-first floor of 77 South High
			 Street, Columbus, Ohio 43215-6120; or
(4) Emailing at:
			 web.dfi@com.ohio.gov.
Ohio Administrative Code › Title 1301:1 - Division of Financial Institutions: Banks › Chapter 1301:1-1 - Notice of Meetings of the Banking Board › Section 1301:1-1-03 - Personal service

Current through all regulations passed and filed through July 1, 2024
(A) Any service required or authorized to be
			 made under section
			  1121.37  of the
			 Revised Code may, in accordance with that section, be made by personal service
			 by the superintendent of financial institutions or the superintendent's
			 designee.
(B) When service is made
			 by personal service pursuant to this rule, the service shall be evidenced by a
			 written receipt signed and dated at the time of the service by the person upon
			 whom service is made. When service is made by personal service upon a person
			 who is not a natural person, the service shall be made by delivery to the
			 president or secretary or treasurer or cashier or chairman of the board or a
			 vice president of the person and the president, secretary, treasurer, cashier,
			 chairman of the board, or vice president shall sign and date the receipt of
			 service in the officer's official capacity.
Five Year Review (FYR) Dates:
				05/20/2015 and
				05/20/2020
Promulgated
				Under:
				119.03
Statutory Authority:
				1121.03
Rule Amplifies:
				1121.37
Prior Effective Dates: 12/15/00,
				4/7/90
Ohio Administrative Code › Title 1301:1 - Division of Financial Institutions: Banks › Chapter 1301:1-2 - Computation of Capital › Section 1301:1-2-01 - Computation of capital

Current through all regulations passed and filed through July 1, 2024
"Capital," as defined in division (F)
				of section
				 1101.01  of the
				Revised Code, is calculated as set forth in
				 12 C.F.R. 32.2, as in effect on May 18,
				2015.
Replaces: 1301:1-2-01
Ohio Administrative Code › Title 1301:1 - Division of Financial Institutions: Banks › Chapter 1301:1-2 - Computation of Capital › Section 1301:1-2-02 - Trust company capital

Current through all regulations passed and filed through July 1, 2024
(A) In evaluating the adequacy of a trust
			 company's capital, the superintendent of financial institutions shall consider
			 all of the following:
(1) The nature and
			 volume of the trust company's business, including whether the trust company is
			 primarily engaged in trust business or primarily engaged in banking business;
(2) The amount, nature, quality,
			 and liquidity of the trust company's assets;
(3) The amount and nature of the trust
			 company's liabilities, including those that are not presently due or are
			 contingent;
(4) The amount and
			 nature of the trust company's fixed costs;
(5) The history of and prospects for the
			 trust company to earn and retain income;
(6) The quality of the trust company's
			 operations;
(7) The quality of the
			 trust company's management;
(8)
			 The nature and quality of the trust company's ownership;
(9) The nature, terms, and extent of the
			 trust company's insurance coverage, including deductibles, limitations, and
			 exclusions;
(10) If the trust
			 company is a corporation organized under the laws of another state or country
			 and authorized to accept and execute trusts in that state or country, the
			 assessment of the trust regulatory authority of that state or country, if any,
			 of the adequacy of the trust company's capital;
(11) Any other factor the superintendent
			 finds to be relevant under the circumstances.
Ohio Administrative Code › Title 1301:1 - Division of Financial Institutions: Banks › Chapter 1301:1-3 - Lending Limits and Standards › Section 1301:1-3-01.1 - Derivative transactions

Current through all regulations passed and filed through July 1, 2024
(A) As used in division (A)(1) of section
			  1109.22 
			 of the Revised Code, "loans and extensions of credit" must also include any
			 credit exposure to a person arising from a derivative transaction between the
			 person and the state bank.
(B) As used in this rule, "derivative
			 transaction" includes any transaction that is a contract, agreement, swap,
			 warrant, note, or option that is based, in whole or in part, on the value of,
			 any interest in, or any quantitative measure or the occurrence of any event
			 relating to, one or more commodities, securities, currencies, interest or other
			 rates, indices, or other assets.
Ohio Administrative Code › Title 1301:1 - Division of Financial Institutions: Banks › Chapter 1301:1-3 - Lending Limits and Standards › Section 1301:1-3-02 - Real estate lending standards

Current through all regulations passed and filed through July 1, 2024
(A) Each state
			 bank shall adopt and maintain written policies that establish appropriate
			 limits and standards for extensions of credit that are secured by liens on or
			 interests in real estate, or that are made for the purpose of financing
			 permanent improvements to real estate.
(B)
(1)
			 Real estate lending policies adopted pursuant to this rule shall be all of the
			 following:
(a) Consistent with safe and sound
			 banking practices;
(b) Appropriate
			 to the size of the institution and the nature and scope of its
			 operations;
(c) Reviewed and
			 approved by the state bank's board of directors
			 at least annually.
Ohio Administrative Code › Title 1301:1 - Division of Financial Institutions: Banks › Chapter 1301:1-3 - Lending Limits and Standards › Section 1301:1-3-03 - Letters of credit

Current through all regulations passed and filed through July 1, 2024
A state bank may issue letters of
				credit permissible under Chapter 1305. of the Revised Code, provided that all
				letters of credit are issued in conformity with all of the following:
(A) Each letter of credit shall conspicuously
			 state that it is a letter of credit or be conspicuously entitled as
			 such;
(B) The
			 state bank's undertaking shall contain a
			 specified expiration date or be for a definite term;
(C) The state
			 bank's undertaking shall be limited in amount;
(D) The state
			 bank's obligation to pay shall arise only upon presentation of a draft or other
			 documents specified in the letter of credit, and the bank shall not be called
			 upon to determine questions of fact or law at issue between the bank's customer
			 and the beneficiary;
(E) The
			 state bank's customer shall have an unqualified
			 obligation to reimburse the bank for payments made under the letter of credit.
All items listed in paragraphs (A) to (E) of this rule shall be
				evidenced in writing.
Ohio Administrative Code › Title 1301:1 - Division of Financial Institutions: Banks › Chapter 1301:1-3 - Lending Limits and Standards › Section 1301:1-3-04 - Insider loans

Current through all regulations passed and filed through July 1, 2024
Except as provided by   12 C.F.R. Part 215, as in effect on September 13, 2011, and subject to the same limitations
				and reporting requirements identified therein, no state bank may extend credit
				in any manner to any of its executive officers, directors, or principal
				shareholders, or to any of their related interests.
Replaces: 1301:1-3-04
Ohio Administrative Code › Title 1301:1 - Division of Financial Institutions: Banks › Chapter 1301:1-3 - Lending Limits and Standards › Section 1301:1-3-06 - Revenue bonds

Current through all regulations passed and filed through July 1, 2024
(A) Within the meaning of division (A)(7) of
			 section
			  1109.32 
			 of the Revised Code, revenue bonds 
								that qualify as "
			 investment grade" as that term is defined in
			  12 C.F.R. 16.2, as in effect on January 23,
			 2017,
								 at the time of acquisition are eligible state bank investments.
(B) In
			 addition to the prescribed requirements in paragraph (A) of this rule, in order
			 to qualify as an eligible investment, the revenue bond must conform to the
			 following requirements:
(1) The obligation
			 must be current as to payment of principal and interest at the time of
			 purchase, and the issue of which the obligation is a part in either original or
			 refunded form, shall not have been in default as to the payment of either
			 principal or interest for a period more than ninety days in the five years
			 immediately preceding the date of purchase.
(2) When the obligation is issued under a
			 trust agreement, the trustee must be a properly qualified trust company or bank
			 doing a trust business.
Ohio Administrative Code › Title 1301:1 - Division of Financial Institutions: Banks › Chapter 1301:1-3 - Lending Limits and Standards › Section 1301:1-3-10 - Operating subsidiaries

Current through all regulations passed and filed through July 1, 2024
(A) A state
			 bank may exercise all powers, other than deposit taking, that the
			 state bank may exercise pursuant to section
			  1109.02 
			 of the Revised Code by means of an operating subsidiary. An operating
			 subsidiary in which a state bank may invest
			 includes a corporation, limited liability company, limited partnership, or
			 similar entity. In order to qualify as an operating subsidiary, the parent bank
			 must have the ability to control the management and operations of the
			 subsidiary; the parent bank must own more than fifty per cent of the voting
			 stock, or an equivalent equity interest with limited liability, of the entity;
			 and the operating subsidiary must be consolidated with the
			 state bank under generally accepted accounting
			 principles.
An operating subsidiary is not a bank subsidiary corporation as
				described in division (C)(1) of section
				 1109.44 
				of the Revised Code, and the acquisition, establishment, or performance of new
				activities in an operating subsidiary is not an investment in a bank subsidiary
				corporation pursuant to division (A) of section
				 1109.44 
				of the Revised Code. Investments in and extensions of credit to operating
				subsidiaries shall not be subject to section
				 1109.22,
				 1109.47,
				 1109.54,
				or
				 1109.55 
				of the Revised Code, but shall continue to be subject to other provisions of
				law applicable to loans and investments in stocks, bonds, debentures, and other
				obligations by state banks.
(B) A state
			 bank that intends to acquire, establish, or perform new activities in an
			 operating subsidiary shall submit a letter of notification to the
			 superintendent of financial institutions. The letter must:
(1)
									Provide details of the transaction in which the state bank
			 intends to acquire, establish, or perform new activities in an operating
			 subsidiary;
(2)
									State the name and location of the operating
			 subsidiary, and whether any activity of the operating subsidiary will be
			 conducted at some location other than a previously approved banking office of
			 the state bank;
(3)
									Describe the proposed activities in which the operating
			 subsidiary will engage, and cite the legal authority for the permissibility of
			 the proposed activities of the operating subsidiary;
(4)
									Provide evidence
			 that the parent state bank will have the ability to control the management and
			 operations of the operating subsidiary;
(5)
									Provide evidence
			 that the parent state bank will own more than fifty per cent of the voting
			 stock, or an equivalent equity interest with limited liability, of the
			 operating subsidiary; and
(6)
									State that the operating subsidiary will be
			 consolidated with the state bank under generally accepted accounting
			 principles.