reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 113 - Treasurer of State › Chapter 113-40 - Collateral Requirement › Section 113-40-04 - Bank monitoring and economic monitoring

Current through all regulations passed and filed through July 1, 2024
(A)
								All financial
			 institutions (FIs) approved for a reduced collateral floor will be subject to
			 ongoing monitoring of various individual financial criteria. If the financial
			 standing of the FI changes, and no longer meets the required reduced collateral
			 floor eligibility criteria as defined in rule
			 113-40-03 of the Administrative
			 Code, the treasurer of state may impose a bank monitoring collateral
			 requirement. The treasurer will use three descriptors within OPCS to identify a
			 FI's reduced collateral monitoring status:
(1)
									Non-active: The
			 FI has not applied, or has not been approved, for a reduced collateral
			 floor.
(2)
									Active: The FI has been approved for a reduced
			 collateral floor.
(3)
									Bank monitoring: The FI has an emerging individual
			 financial concern or a deposit business concern.
(a)
										The treasurer
			 will notify a FI when its reduced collateral monitoring status changes from
			 active to bank monitoring within OPCS; OPCS will generate notifications to the
			 affected public unit(s).
(b)
										A FI subject to a bank monitoring collateral
			 requirement may be subject to an increase in its reduced collateral floor
			 requirement, from the sum of its reduced collateral floor requirement plus ten
			 per cent or more, up to a maximum of one hundred two per cent. Any increase
			 will be reflected in the bank monitoring field in OPCS, as determined at the
			 sole discretion of the treasurer.
(c)
										A FI subject to
			 an increase in its reduced collateral floor due to bank monitoring status may
			 be required to pledge additional collateral through one or more calls as
			 follows:
(i)
											First collateral call will require a FI to secure all
			 uninsured public deposits at least equal to the sum of the reduced collateral
			 floor requirement plus up to ten per cent, within ninety calendar
			 days.
(ii)
											Second collateral call will require a FI to secure all
			 uninsured public deposits at least equal to the sum of the reduced collateral
			 floor requirement plus up to twenty-five per cent, within sixty calendar
			 days.
(iii)
											Third collateral call will require a FI to secure all
			 uninsured public deposits at up to one hundred two per cent, within thirty
			 calendar days.
(d)
										The treasurer may decide to engage a FI prior to
			 changing its status from active to bank monitoring in order to identify any
			 extenuating considerations. This decision will be made at the sole discretion
			 of the treasurer.
(e)
										The treasurer may reduce a FI's collateral floor upon a
			 change in its bank monitoring status from bank monitoring to active, as
			 determined at the sole discretion of the treasurer.
Ohio Administrative Code › Title 113 - Treasurer of State › Chapter 113-40 - Collateral Requirement › Section 113-40-05 - Collateral sufficiency

Current through all regulations passed and filed through July 1, 2024
(A)
								In calculating
			 the collateral percentage required at a bank account level, OPCS will require
			 the greater of the following two calculations:
(1)
									The public unit
			 (PU) negotiated collateral requirement plus the cushion collateral requirement;
			 or
(2)
									The reduced collateral floor requirement plus any bank
			 monitoring collateral requirement, any economic monitoring requirement, and any
			 cushion collateral requirement.
Ohio Administrative Code › Title 113 - Treasurer of State › Chapter 113-40 - Collateral Requirement › Section 113-40-06 - Fees

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to division (L) of section
			 135.182 of the Revised Code, a
			 public depository that selects the pledging method in division (B) of section
			 135.182 of the Revised Code
			 shall pay the treasurer of state fees in accordance with the following
			 schedule:
(1)
									Each public depository shall pay an annual fee based on the
			 average month end balance of public deposits from the prior year of
			 participation in OPCP. The treasurer shall charge a public depository that
			 participates in OPCP a pro rata annual fee for each quarter that the public
			 depository participated in OPCP. The treasurer may charge a public depository
			 the quarterly pro rata amount, in full, for any participation in that quarter.
			 The annual fee for participation in OPCP shall be assessed in the following
			 cumulative tiers of average month end balance of public deposits:
(a)
										The rate shall be
			 0.0001 (1.0 basis point) on the first fifty million dollars in average month
			 end public deposits;
(b)
										The rate shall be 0.00009 (0.9 basis point) on the next
			 fifty million dollars (the amount greater than fifty million dollars and less
			 than or equal to one hundred million dollars) in average month end public
			 deposits;
(c)
										The rate shall be 0.00001 (0.1 basis point) on th next
			 four hundred million dollars (the amount greater than one hundred million and
			 less than or equal to five hundred million dollars) in average month end public
			 deposits;
(d)
										The rate shall be 0.000009 (0.09 basis point) on the
			 next five hundred million dollars (the amount greater than five hundred million
			 and less than one billion dollars) in average month end public
			 deposits;
(e)
										The rate shall be 0.000008 (0.08 basis point) on the
			 next one billion dollars (the amount greater than one billion and less than or
			 equal to two billion dollars) in average month end public deposits;
			 and
(f)
										The rate shall be 0.000006 (0.06 basis point) on
			 amounts exceeding two billion dollars in average month end public
			 deposits.
Average Month End Public
						  Deposits Tier
Tier
Rate
First $0 - $50
						  million
1
0.000100
Next $50 million - $100
						  million
2
0.000090
Next $100 million - $500
						  million
3
0.000010
Next $500 million - $1
						  billion
4
0.000009
Next $1 billion - $2
						  billion
5
0.000008
Remaining over $2
						  billion
6
0.000006
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-1 - Definitions › Section 117-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in Chapter 117. of the Revised Code and in agency 117
				of the Administrative Code:
(A)
			 "Audit" have the same meaning as defined in section
			 117.01
			 of the Revised Code.
(B) "Public
			 accountant" or "independent public accountant" means any person who is
			 authorized by Chapter 4701. of the Revised Code to use the designation of
			 certified public accountant, or who was registered prior to January 1, 1971, as
			 a public accountant.
(C) "Generally
			 accepted or governmental auditing standards"
			 means standards for the conduct of audits promulgated by the auditor of state
			 pursuant to section
			 117.19
			 of the Revised Code, including, but not limited to, "Government Auditing
			 Standards" promulgated by the comptroller general of the United
			 States.
(D) "Public office" shall
			 have the same meaning as defined in section
			 117.01
			 of the Revised Code.
(E) "State
			 agency" shall have the same meaning as defined in section
			 1.60 of the
			 Revised Code.
(F) "Subcontractor"
			 means one to whom the principal contractor, with the approval of the auditor of
			 state, sublets a portion of an auditing contract.
(G) "Local public office" means all public
			 offices other than state agencies including institutions of higher education as
			 defined in section
			 3345.12
			 of the Revised Code.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-2 - Accounting and Reporting by Public Offices › Section 117-2-01 - Internal controls

Current through all regulations passed and filed through July 1, 2024
(A) All
			 public officials are responsible for the design and operation of a system of
			 internal control that is adequate to provide reasonable assurance regarding the
			 achievement of objectives for their respective public offices in certain
			 categories, including but not limited to the categories
			 enumerated in paragraph (B) of this rule..
(B) "Internal control" means a process
			 effected by those charged with governance, management, and other
			 personnel designed to provide reasonable
			 assurance regarding the achievement of objectives in the following categories:
(1) Reliability of financial
			 reporting;
(2) Effectiveness and
			 efficiency of operations;
(3)
			 Compliance with applicable laws and regulations; and
(4) Safeguarding of assets against
			 unauthorized acquisition, use or disposition.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-2 - Accounting and Reporting by Public Offices › Section 117-2-02 - Accounting and reporting records

Current through all regulations passed and filed through July 1, 2024
(A) All local public offices shall maintain
			 an accounting system and accounting records sufficient to enable the public
			 office to identify, assemble, analyze, classify, record and report its
			 transactions, maintain accountability for the related assets (and liabilities,
			 if generally accepted accounting principles apply), document compliance with
			 finance-related legal and contractual requirements, and prepare financial statements required by rule
			 117-2-03
			 of the Administrative Code.
(B) The
			 management of each local public office is responsible for the assertions
			 underlying the information in the public office's financial statements. The
			 accounting system should assure that the following assertions are achieved for
			 all transaction types and account balances applicable to the local public
			 office's operations, considering the basis of accounting applicable to it:
(1) Assertions about classes of transactions
			 and events, and related disclosures, for the
			 period under audit:
(a) Occurrence:
			 Transactions and events that have been recorded or
			 disclosed have occurred, and such transactions
			 and events
										 pertain to the
			 entity.
(b) Completeness: All
			 transactions and events that should have been recorded have been recorded, and all related disclosures that should have been included
			 in the financial statements have been included.
(c) Accuracy: Amounts and other data relating
			 to recorded transactions and events have been recorded appropriately, and related disclosures have been appropriately measured
			 and described.
(d) Cutoff:
			 Transactions and events have been recorded in the correct accounting
			 period.
(e) Classification:
			 Transactions and events have been recorded in the proper accounts.
(f)
										Presentation:
			 Transactions and events are appropriately aggregated or disaggregated and
			 clearly described, and related disclosures are relevant and understandable in
			 the context of the requirements of the applicable financial reporting
			 framework, or as prescribed by the auditor of state.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-2 - Accounting and Reporting by Public Offices › Section 117-2-03 - Annual financial reports

Current through all regulations passed and filed through July 1, 2024
Pursuant to section
				117.38 of the
				Revised Code, all local public offices must file an annual financial report.
				Such reports shall be filed in accordance with the following:
(A) The report shall be filed electronically
			 with the auditor of state and a copy shall be retained by the fiscal officer of
			 the local public office.
(1) Such reports must
			 be filed electronically through the "Annual Financial Data Reporting System"
			 via an entity-specific link, unless the entity has been
			 approved by the auditor of state to submit via another method.
(2)
									Local public
			 offices that use the uniform accounting network may file their annual financial
			 reports in accordance with the guidelines established by the uniform accounting
			 network.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-2 - Accounting and Reporting by Public Offices › Section 117-2-05 - Standards for audits

Current through all regulations passed and filed through July 1, 2024
(A)
			 Except as otherwise provided in rules of the auditor of state, audits of public
			 offices pursuant to Chapter 117 of the Revised Code shall be performed in accordance with
			 generally accepted governmental auditing standards.
(B) The auditor of state may also conduct
			 other auditing engagements according to applicable professional auditing
			 standards promulgated by the "American Institute of Certified Public
			 Accountants" or other procedures the auditor of state believes
			 suitable.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-3 - Audit Contracts › Section 117-3-01 - Audit contract

Current through all regulations passed and filed through July 1, 2024
Whenever the auditor of state determines that an audit of a
				local public office will not be performed by the auditor of state's office, an
				independent public accountant may be engaged pursuant to section
				
									117.11
								 or section 117.115
				of the Revised Code to perform the audit.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-3 - Audit Contracts › Section 117-3-02 - Execution of audit contracts

Current through all regulations passed and filed through July 1, 2024
(A) All contracts for audits of local public
			 offices shall be executed by the auditor of state. Any contracts for audits of
			 public offices other than state agencies which are not executed by the auditor
			 of state shall be void and no payment shall be issued for services received
			 under such contracts.
(B)
			 Contracts for audits of state agencies shall be subject to the provisions of
			 division (B) of section
			 117.43 of the Revised Code.
Replaces: 117-11-03
Five Year Review (FYR) Dates:
				11/06/2015 and
				11/06/2020
Promulgated
				Under: 117.20
Statutory
				Authority: 115.56,
				117.11
Rule
				Amplifies: 115.56,
				117.11
Prior
				Effective Dates: 9/24/1984, 12/23/1984,
				7/1/2000
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-3 - Audit Contracts › Section 117-3-03 - Audit contract standards

Current through all regulations passed and filed through July 1, 2024
Independent public accountants performing audits under contract
				pursuant to section 
									117.11
				or section 117.115
				of the Revised Code shall follow the auditing standards prescribed in the
				contract and standards appropriate for the engagement in performing such
				audits. The contract shall incorporate the request for proposals, request for
				quotes, or invitations to bid, the response from the independent public
				accountant, and the memorandum of agreement.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-3 - Audit Contracts › Section 117-3-04 - Selection of independent public accountant

Current through all regulations passed and filed through July 1, 2024
The auditor of state may appoint, either at the request of a
				public office or on the auditor of state's own initiative, an independent
				public accountant to perform the financial audit required by section
				117.11
				of the Revised Code. The public office may participate in the selection of such
				an independent public accountant pursuant to the process outlined in Chapter
				117-3 of the Administrative Code. Requests for audits to be conducted by
				independent public accountants shall be submitted by the officials of the
				public office who have the legal authority to enter into binding contracts on
				behalf of the public office to the auditor of state for approval or
				disapproval.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-3 - Audit Contracts › Section 117-3-05 - Request for proposals, quotes, invitations to bid

Current through all regulations passed and filed through July 1, 2024
Where the auditor of state has determined that an audit will be
				performed by an independent public accountant, the auditor of state will
				prepare a request for proposals, quotes, or invitations to bid. This document
				will clearly set forth:
(A) Clear and
			 accurate specifications of the requirements of the audit;
(B) Minimum requirements which independent
			 public accountants seeking the audit engagement must fulfill; and
(C) The period or periods to be covered by
			 the audit.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-3 - Audit Contracts › Section 117-3-06 - Submission of request for proposals, quotes, invitations to bid

Current through all regulations passed and filed through July 1, 2024
The request for proposals, request for quotes, or invitations
				to bid will be submitted to not fewer than three independent public accountants
				who have registered with the auditor of state and who have indicated their
				desire to contract to audit public offices. The request for proposals, request
				for quotes, or invitations to bid shall be submitted only to responsible
				independent public accountants that possess the potential ability to perform
				successfully under the terms and conditions of the proposed audit engagement.
				Consideration may be given to such matters as integrity, compliance with public
				policy, record of past performance, and technical resources. Reasonable
				requests by the public office for the inclusion of a specific firm in the
				selection process will be honored to the maximum extent practicable.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-3 - Audit Contracts › Section 117-3-07 - Proposals, quotes, invitations to bid

Current through all regulations passed and filed through July 1, 2024
Each independent public accountant to whom the requests for
				proposals, requests for quotes, or invitations to bid have been sent and who
				desires to be considered for selection to perform the audit shall submit to the
				auditor of state a complete, concise, and comprehensible proposal, quote, or
				bid in the form and manner specified in the request or invitation. The auditor
				of state shall forward a copy of all responsive proposals, quotes, or bids
				received to the contracting public office.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-3 - Audit Contracts › Section 117-3-08 - Criteria for selection

Current through all regulations passed and filed through July 1, 2024
The auditor of state and the public office shall review the
				proposals, quotes, or bids separately on the basis of criteria set forth in the
				request for proposals, request for quotes, or invitations to bid. Such criteria
				may include:
(A) Organization size and
			 location of office;
(B)
			 Qualifications of staff to be assigned to the audit;
(C) Prior experience in auditing governmental
			 units and programs or not-for-profit entities or other specialized accounting
			 practices applicable to the audit;
(D) Independent public accountant's
			 understanding of the work to be performed;
(E) Quality and timeliness of previously
			 submitted audit reports and supporting documentation;
(F)
								Specific
			 actions/inactions of the independent public accountant; and
(G)
			 Fee.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-3 - Audit Contracts › Section 117-3-09 - Selection and award

Current through all regulations passed and filed through July 1, 2024
The selection of the independent public accountant shall be
				made by the auditor of state. Upon award of a proposal, quote, or bid, the
				auditor of state will send a formal notice of award to the independent public
				accountant and to the public office. The auditor of state will also prepare the
				memorandum of agreement on the basis of the request for proposals, quotes, or
				bids and submit it to the independent public accountant and the public office
				for execution.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-3 - Audit Contracts › Section 117-3-10 - Alternative procedures

Current through all regulations passed and filed through July 1, 2024
If, in the opinion of the auditor of state, none of the
				responses submitted by the independent public accountants are satisfactory
				pursuant to the rule in Chapter 117-3 of the
				Administrative Code, the auditor of state may either:
(A) Recommend the competitive selection
			 procedures as set forth in Chapter 117-3 of the Administrative Code, including,
			 insofar as the auditor of state considers necessary, providing the request for
			 proposals to additional independent public accountants for consideration;
			 or
(B) Without further formal
			 proceedings, award the audit contract to an independent public accountant who,
			 on the basis of the applicable review criteria, the auditor of state considers
			 to be the most desirable.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-3 - Audit Contracts › Section 117-3-11 - Waiver

Current through all regulations passed and filed through July 1, 2024
Notwithstanding the provisions of Chapter 117-3 of the
				Administrative Code, if the officials of the public office refuse to
				participate in the selection of the independent public accountant or in the
				contracting process, the auditor of state may, without further formal
				proceedings, award the audit contract to the independent public accountant who,
				on the basis of the applicable review criteria enumerated in this chapter, the auditor of state
				considers to be the most desirable. "Refuse to
				participate" includes both an express refusal to participate and a failure to
				perform actions in a timely manner required by
				the auditor of state.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-4 - Audit Rates and Standards › Section 117-4-02 - Audits for local public offices not subject to the single audit act

Current through all regulations passed and filed through July 1, 2024
Where the auditor of state determines that an audit of a public
				office is not intended to satisfy The Uniform Administrative Requirements, Cost
				Principles, and Audit Requirements for Federal Awards, 2 C.F.R.
				part
				200 (2015), as amended, the auditor of state may provide for an audit which the
				auditor of state considers appropriate to the needs of the public office but
				which need not be performed in accordance with generally accepted governmental
				auditing standards. Such an audit may include, but need not be limited to,
				inquiry into the methods, accuracy, and legality of the accounts, financial
				reports, records, files, and reports of the public office, whether the laws,
				ordinances, and orders pertaining to the public office have been observed, and
				whether the requirements and rules of the auditor of state have been complied
				with.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-5 - Counties › Section 117-5-02 - Appropriation measures - legal level of control

Current through all regulations passed and filed through July 1, 2024
The county commissioners, or in counties that have adopted a
				charter pursuant to article X of the Ohio Constitution and Chapter 302. of the
				Revised Code the county council, shall adopt appropriation measures. These
				measures establish the legal level of control.
The legal level of control is the level (e.g., fund, program or
				function, department, object level) at which spending in excess of budgeted
				amounts would be a violation of law. This is established by the level at which
				the legislative body appropriates, and must meet or exceed the level prescribed
				by section
				5705.38
				of the Revised Code.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-6 - Schools › Section 117-6-01 - Chart of accounts - school districts and community schools

Current through all regulations passed and filed through July 1, 2024
(A) Funds: To demonstrate legal compliance
			 and to facilitate sound management, school districts and community schools shall maintain financial records
			 on a fund basis. Funds are to be established by each school district
			 or community school based on statutory
			 requirements and accounting needs. When not authorized or required by statute,
			 the establishment of a new fund requires prior auditor of state approval under
			 section
			 5705.12
			 of the Revised Code. A school district or community
			 school should submit its request to auditor of state's chief of local
			 government services division.
Funds are to be classified using the current guidelines and
				definitions established by the "Governmental Accounting Standards
				Board."
(B) Financial
			 records: All school districts and joint vocational
			 school districts and community schools established under Chapter
			 3314.
								 of the Revised Code,
			 shall maintain the financial records in accordance with the uniform school
			 accounting system (USAS) as prescribed by the USAS manual and subsequent update
			 bulletins issued by the auditor of state.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-6 - Schools › Section 117-6-02 - Appropriation measures - legal level of control

Current through all regulations passed and filed through July 1, 2024
At a minimum, appropriation measures shall be classified to set
				forth separately the amounts appropriated by fund. The appropriation measure as
				passed by the school board shall be the legal level of control. This is the
				level at which compliance with statutory budgetary requirements will be
				determined. A board of education may, but is not
				required to, pass appropriations at a more detailed level.
				The degree of detail is a discretionary decision to be
				exercised by the board of education based on the degree of control the board of
				education wishes to maintain over the financial activity of the school
				district.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-6 - Schools › Section 117-6-03 - Set asides for capital improvements: schools

Current through all regulations passed and filed through July 1, 2024
Except as provided in division (D) of section
				3315.18
				of the Revised Code, each school district shall set aside
				revenue for capital improvements and maintenance
				
				as defined in rule
				3301-92-02
				of the Administrative Code.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-6 - Schools › Section 117-6-07 - Community school fiscal officer bonding requirements

Current through all regulations passed and filed through July 1, 2024
(A) As used in this rule:
(1) "Governing authority" means the governing
			 authority of a community school as used in Chapter 3314. of the Revised
			 Code.
(2) "Fiscal officer" means
			 the fiscal officer as designated in section
			 3314.011
			 of the Revised Code.
(3)
									"Employee dishonesty and faithful performance of duty
			 policy" shall have the same meaning as in section
			 3.061
			 of the Revised Code.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-7 - Townships › Section 117-7-02 - Appropriation measures - legal level of control

Current through all regulations passed and filed through July 1, 2024
The township trustees shall adopt appropriation measures. These
				measures establish the legal level of control.
The legal level of control is the level (e.g., fund, program or
				function, department, object level) at which spending in excess of budgeted
				amounts would be a violation of law. This is established by the level at which
				the township trustees appropriate, and must meet or exceed the level prescribed
				by section
				5705.38
				of the Revised Code.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-8 - Libraries › Section 117-8-02 - Appropriation measures - legal level of control

Current through all regulations passed and filed through July 1, 2024
The library's legislative body shall adopt appropriation
				measures. These measures establish the legal level of control.
The legal level of control is the level (e.g., fund, program or
				function, department, object level) at which spending in excess of budgeted
				amounts would be a violation of law. This is established by the level at which
				the legislative body appropriates.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-9 - Villages › Section 117-9-02 - Appropriation measures - legal level of control

Current through all regulations passed and filed through July 1, 2024
The village's legislative body shall adopt appropriation
				measures. These measures establish the legal level of control. The legal level
				of control is the level (e.g., fund, program or function, department, object
				level) at which spending in excess of budgeted amounts would be a violation of
				law. This is established by the level at which the legislative body
				appropriates, and must meet or exceed the level prescribed by section
				5705.38
				of the Revised Code.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-10 - County and Independent Agricultural Societies › Section 117-10-01 - Financial reporting and accounting: county agricultural societies and independent agricultural societies

Current through all regulations passed and filed through July 1, 2024
Each county agricultural society and independent agricultural
				society shall, for financial reporting and accounting purposes:
(A) Record and report all financial
			 transactions on a fiscal year basis beginning on December 1 and ending November
			 30 for each fiscal year.
(B)
			 Record and report all financial transactions in accordance with appendix A of
			 the auditor of state manual, "Uniform System of Accounting for Agricultural
			 Societies."
Replaces: 117-20-01
Five Year Review (FYR) Dates:
				11/06/2015 and
				11/06/2020
Promulgated
				Under: 117.20
Statutory
				Authority: 117.43
Rule
				Amplifies: 117.43
Prior
				Effective Dates: 1/1/2001
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-14 - Training Fiscal Officers › Section 117-14-01 - Fiscal officer training requirements

Current through all regulations passed and filed through July 1, 2024
The auditor of state, pursuant to sections
				507.12
				and
				733.81
				of the Revised Code, herein establishes a rule governing the initial training
				and continuing education of city, township, and village fiscal officers.
				As used in this chapter, "village fiscal officer" means
				village fiscal officer, village clerk, and village
				clerk-treasurer.
(A) A township
			 fiscal officer, who has been appointed to fill a vacancy, shall complete
			 initial
			 education programs in compliance with division (C)(3) of section
			 507.12
			 of the Revised Code, and a city or village fiscal officer, who has been
			 appointed to fill a vacancy, shall complete initial education programs in
			 compliance with division (D)(3) of section
			 733.81
			 of the Revised Code. The initial education requirements, as designated by the
			 auditor of state, are proportionally equivalent, based on time remaining in the
			 vacated office, to the requirements for a newly elected fiscal officer.
(1) A city, township, or village fiscal
			 officer, who has been appointed to fill a vacancy, shall complete initial
			 education courses pursuant to the following requirements:
Fiscal officer appointed within:
First six months of term - six hours
Second six months of term - five hours
Third six months of term - four hours
Fourth six months of term - three hours
Fifth six months of term - two hours
Sixth six months of term - one hour
Seventh six months of term - one hour
Eighth six months of term - one hour
(2) The appointed city, township, or village
			 fiscal officer shall complete the initial education requirement:
(a) Within the first year in office if the
			 time remaining in the vacated term is two years or more,
(b) Within the first six months in office if
			 the time remaining in the vacated term is more than one year, but less than two
			 years, or
(c) Within the first
			 three months in office if the time remaining in the vacated term is less than
			 one year.
Ohio Administrative Code › Title 117 - Auditor of State › Chapter 117-14 - Training Fiscal Officers › Section 117-14-02 - Verification of completion of training

Current through all regulations passed and filed through July 1, 2024
In compliance with division (F) of section
				733.81
				and division (E) of section
				507.12
				of the Revised Code, the auditor of state shall verify the completion of
				initial education programs and continuing education courses by city, township,
				and village fiscal officers. The auditor of state shall issue a certificate of
				completion to each city, township, and village fiscal officer who completes the
				initial education programs and continuing education courses. The auditor of
				state shall issue a "failure to complete" notice to any city, township, or
				village fiscal officer who is required to complete initial education programs
				and continuing education courses under that section, but who fails to do so.
				The notice is for informational purposes only and does not affect any
				individual's ability to hold office of city, township, or village fiscal
				officer.
A city, township, or village fiscal officer shall submit
				verification of completion of initial education programs and continuing
				education courses to the auditor of state's training portal, accessible through
				the auditor of state's website, within ninety days of completion of the
				program or course.
For purposes of this chapter, "village
				fiscal officer" means village fiscal officer, village clerk, and village
				clerk-treasurer.
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-1 - General Provisions › Section 120-1-01 - Ohio public defender commission declaration of policy

Current through all regulations passed and filed through July 1, 2024
The Ohio public defender commission intends to
				
								define the manner and form under which the commission
				shall conduct its programs that provide, supervise, and coordinate legal
				representation pursuant to Chapter 120. of the Revised Code. The commission
				intends for these provisions to apply to assigned/appointed counsel and
				to county and joint county
				public defender systems. The commission further intends
				that these
				provisions be construed so as to ensure the provision of effective
				and meaningful legal services to qualified persons.
Effective: 12/1/2015
Five Year
				Review (FYR) Dates: 06/22/2015 and
				12/01/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 120.03
Rule
				Amplifies: 120.03
Prior
				Effective Dates: 1/9/78, 1/1/00,
				10/9/09
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-1 - General Provisions › Section 120-1-03 - Standards of indigence

Current through all regulations passed and filed through July 1, 2024
(A)
								General
			 guidelines. The pivotal issue in determining indigence is not whether the
			 applicant ought to be able to employ qualified counsel, but whether the
			 applicant is, in fact, able to do so.
(1)
									An applicant
			 whose gross income is 187.5 per cent or less of federally established poverty
			 levels is presumed indigent and entitled to appointed counsel.
(2)
									An applicant
			 whose gross income exceeds 187.5 per cent of the federal poverty level may
			 qualify for appointed counsel if, after deducting basic living expenses, the
			 applicant's net income is at or below one hundred twenty-five per cent of the
			 federal poverty level or the applicant is financially unable to hire qualified
			 counsel.
(3)
									When an applicant whose gross income exceeds one
			 hundred twenty-five per cent of the federal poverty level is appointed counsel,
			 the county may recoup some money for the services provided, in accordance with
			 section 120.03 of the Revised Code and
			 rule
			 120-1-05
			 of the Administrative Code.
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-1 - General Provisions › Section 120-1-04 - Appointment of additional attorney

Current through all regulations passed and filed through July 1, 2024
(A) In all capital cases, two attorneys
			 certified by the supreme court of Ohio's 
								commission on appointment of counsel in capital cases
			 must be appointed.
(B) Two
			 attorneys may be appointed in aggravated murder cases without capital
			 specifications. An entry by the court for the extraordinary appointment of
			 additional counsel is not needed if the appointment of two attorneys is
			 provided for in the county's resolution for appointed counsel rates.
(C) In all other cases, a second attorney
			 should be appointed as co-counsel whenever necessary to protect the rights of a
			 defendant. An entry by the court for the extraordinary appointment of
			 additional counsel is required to qualify for reimbursement. Situations
			 necessitating the appointment of additional counsel include, but are not
			 limited to:
(1) Cases that are unusually
			 complex, involve numerous charges or co-defendants, include a large volume of
			 discovery or evidence, or involve technical issues that require special
			 expertise.
(2) When an additional
			 attorney is needed to depose a witness not located in the immediate
			 area.
(3) In a juvenile case when
			 both an attorney and an attorney guardian ad litem are needed to fully
			 represent and protect the child.
(4) In a juvenile bindover or serious
			 youthful offender case, if two attorneys are needed to meet the qualification
			 requirements of rule
			 120-1-10
			 of the Administrative Code.
(5)
			 Additional counsel is necessary to provide a quality and effective
			 defense.
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-1 - General Provisions › Section 120-1-05 - Reimbursement, recoupment, contribution, and partial payment programs

Current through all regulations passed and filed through July 1, 2024
Subject to review and approval by the
				Ohio public defender, each county shall establish a reimbursement, recoupment,
				contribution, or partial payment program to recover a portion of the expense of
				appointing counsel to a person whose gross income exceeds one hundred
				twenty-five per cent of the federal poverty level or to a child whose parents'
				gross income exceeds one hundred twenty-five per cent of the federal poverty
				level. Assessments for such programs shall be based upon a person's ability to
				pay, considering income, basic living expenses, and court costs and other
				expenses arising from the case at issue.
Such programs shall not:
(A)
								Jeopardize the
			 quality of defense or act to deny representation to qualified
			 defendants;
(B)
								Require or include direct payments from the applicant
			 to the appointed counsel;
(C)
								Require any payments, compensation, or in-kind services
			 from an applicant whose gross income is equal to or less than one hundred
			 twenty-five per cent of the federal poverty level;
(D)
								Require payments
			 from a child applicant's parent if the child's parent or a relative of the
			 parent is the alleged victim;
(E)
								Base assessments
			 on the appointed counsel fee bill, rather than the defendant's ability to
			 pay;
(F)
								Assess amounts that the person cannot reasonably be
			 expected to pay without hardship;
(G)
								Attempt to recoup
			 the full cost of providing appointed counsel, experts, transcripts, or other
			 associated expenses.
Replaces: 120-1-05
Effective: 12/1/2015
Five Year
				Review (FYR) Dates: 12/01/2020
Promulgated Under:
				111.15
Statutory
				Authority: 120.03(B)
Rule Amplifies:
				120.03(B)
Prior Effective Dates: 1/9/78, 9/27/91, 1/1/00,
				10/9/07
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-1 - General Provisions › Section 120-1-06 - Facilities for a county or joint county public defender office

Current through all regulations passed and filed through July 1, 2024
The supporting staff, facilities, equipment, supplies, and
				other requirements needed to maintain and operate an office of a county or
				joint county public defender shall be sufficient to allow quality
				representation and shall be substantially equivalent to that provided for the
				county prosecutor's office. In applying this rule, the following criteria shall
				govern:
(A) The salaries for public
			 defender attorneys shall approximate and be in parity with the compensation
			 received by a prosecutors with comparable years in practice and
			 experience.
(B) The office of the
			 county public defender or joint county public defender shall be based in a
			 location convenient for clients and readily accessible to the courts and other
			 necessary services.
(C) Each
			 attorney shall have adequate office space to assure privacy in consultation
			 with clients and efficiency in operations.
(D) The budget of a county public defender
			 shall provide for:
(1) Adequate office space,
			 file storage space, and other facilities as prescribed by the Ohio public
			 defender standards and guidelines for reimbursement, including a case reporting
			 and management information system;
(2) Adequate and accessible research
			 capabilities that meet the needs and duties of the office;
(3) Adequate computer, recording,
			 photographic, and other equipment of sufficient quantity, quality, and
			 versatility to permit preservation of evidence;
(4) The confidential employment of experts
			 and specialists, or, if such funds are not included in the public defender
			 budget, requests for experts must be held ex parte if so requested in
			 writing;
(5) Supportive services,
			 including secretarial, investigative, and other defense litigation support
			 necessary to provide quality representation at every phase of the process at
			 which the office provides representation, including determinations on pretrial
			 release, eligibility for diversion mitigation advocacy at sentencing, and
			 represenation following conviction, including appeals and post-conviction
			 relief;
(6) Training for attorneys
			 and support staff in subject matter areas relevant to their job
			 duties.
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-1 - General Provisions › Section 120-1-07 - Workload standards

Current through all regulations passed and filed through July 1, 2024
(A) Neither a public defender nor a
			 court-appointed counsel may accept a workload that threatens to deny due
			 process of law or constitutional rights to any client, places the office or
			 attorney in imminent danger of violating the Ohio Rules of Professional
			 Conduct, or otherwise threatens quality representation of the client. Factors
			 to be considered in determining appropriate workload include:
(1) The number and complexity of cases the
			 attorney is handling.
(2) The
			 attorney's experience and ability, including the number of years the attorney
			 has practiced law; the proportion of time the attorney has dedicated to
			 criminal or juvenile defense; the types of cases, including degree of charges
			 and difficulty of cases, which the attorney has handled in the past; and the
			 attorney's ability to satisfy or exceed performance standards established by
			 the Ohio public defender commission.
(3) The attorney's out-of-court duties,
			 including meetings with clients, witnesses, experts, and other persons involved
			 in cases; research and writing of briefs, memoranda, motions, and letters;
			 management or supervisory duties; and office or clerical work.
(4) The attorney's access to information
			 technology, including online research tools, online court dockets, and case
			 file information.
(5) The
			 attorney's support staff, including legal secretaries, administrative
			 assistants, paralegals, investigators, mitigation specialists, and social
			 workers.
(6) Local discovery
			 practices, the ease with which the attorney can access all discoverable
			 materials, and the amount of discovery and evidence that must be
			 reviewed.
(7) How the court's
			 scheduling and other procedures impact the attorney's use of time.
(8) How much the attorney must travel in
			 order to provide quality representation.
(9) Other factors relevant to the attorney's
			 workload.
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-1 - General Provisions › Section 120-1-09 - Contracts with municipal corporations or villages

Current through all regulations passed and filed through July 1, 2024
County commissioners, public defenders, county public defender
				commissions, and joint county public defender commissions may contract with a
				municipal corporation or villages for the legal representation of indigent
				persons charged with violations of the ordinances of the municipal corporations
				or villages.
In order to qualify for reimbursement, such contracts must
				meet all of the following requirements and a copy of an
				executed contract shall be sent to the state public defender 
								within sxty days of execution:
(A) Contracts should be for a term of one
			 calendar year, unless a different term is approved by the state public
			 defender. Automatically renewing contracts will not be approved. Proof of a
			 renewed contract must be sent to the state public defender
			 
								within
			 sixty days of execution.
(B)
			 Reimbursement by the municipal corporation or village may be determined by a
			 contractual amount or a fee schedule, but shall not exceed the fee schedule in
			 effect and adopted by the county commissioners of the county wherein the
			 municipal corporation or village is located.
(C) All contracts shall provide for
			 conformity with all rules, standards, and guidelines issued by the office of
			 the Ohio public defender and the Ohio public defender commission.
Effective: 9/21/2020
Five Year
				Review (FYR) Dates: 12/1/2020
Promulgated Under:
				111.15
Statutory
				Authority: R.C. 111.15, R.C.
				120.03
Rule
				Amplifies: R.C. 120.03
Prior
				Effective Dates: 01/09/1978, 01/01/2000, 10/09/2009,
				12/01/2015