reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-3 - Procedural Provisions › Section 4112-3-09 - Report of findings

Current through all regulations passed and filed through July 1, 2024
(A) Written report and recommendation. Upon
			 due consideration of the evidence adduced at the hearing and the arguments
			 made, the administrative law judge shall submit to the commission a written
			 report setting forth findings of fact, conclusions of law and a recommendation
			 of action to be taken by the commission.
(B) Objections. Any party or aggrieved person
			 who has met the requirements of paragraph (C)(1) of rule
			 4112-3-07 of the
			 Administrative Code may file and serve a written statement of objections to
			 
								the
			 written report and recommendation 
								with the Commission.
			 Written statements of objections shall be considered by the commission before
			 approving, modifying or disapproving the administrative law judge's
			 recommendation. Objections must be filed within twenty days from the date the
			 administrative law judge's report was served.
(1) Any party or aggrieved person who has met
			 the requirements of paragraph (C)(1) of rule
			 4112-3-07 of the
			 Administrative Code may file a written response to objections. A response to
			 objections must be filed with fourteen days from the date the objections were
			 served.
(2) Objections and
			 responses to objections must be filed with the compliance department
			 and the division of hearings of the commission at
			 30 E. Broad street, 5th floor, Columbus,
			 Ohio 43215 and served on all parties.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-3 - Procedural Provisions › Section 4112-3-10 - Orders

Current through all regulations passed and filed through July 1, 2024
(A) Content. The
			 final order of the commission issued after a hearing shall be accompanied by
			 findings of fact and conclusions of law.
(B) Issuance of a cease and desist order.
(1) If upon all the reliable, probative, and
			 substantial evidence the commission determines that a respondent has engaged
			 in, or is engaging in, any unlawful discriminatory practices, whether against
			 the complainant or others, the commission shall serve on the respondent an
			 order containing findings of fact and conclusions of law, and requiring the
			 respondent to cease and desist from such unlawful discriminatory practices and
			 to take any further affirmative or other action as will effectuate the purposes
			 of Chapter 4112. of the Revised Code.
(a)
			 Affirmative or other action may include, but is not limited to, hiring,
			 reinstatement, or upgrading of employees with or without back pay; admission or
			 restoration to union membership or to training programs with utilization of
			 objective criteria for admission; admission to places of public accommodation;
			 remediation; the sale or lease of housing
			 accommodations and lending money upon equal terms and conditions; cancellation,
			 rescission or revocation of a contract, deed, lease or other document
			 transferring any housing accommodation which is the subject of a charge or
			 complaint of unlawful discrimination to a person who had notice, prior to the
			 transfer or execution of the agreement to make the transfer, that a charge or
			 complaint under division (H) of section
			 4112.02 of the Revised Code, was
			 filed or issued.
(b) If a
			 respondent is operating by virtue of any license or permit issued by the state
			 or a political subdivision or agency thereof, or is holding a contract or
			 subcontract with the state or a political subdivision or agency thereof, and
			 the commission determines after a hearing that the respondent has engaged in or
			 is engaging in any unlawful discriminatory practices, the commission shall send
			 a certified copy of its findings and order to the licensing or contracting
			 authority.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-3 - Procedural Provisions › Section 4112-3-11 - Reconsideration of final orders

Current through all regulations passed and filed through July 1, 2024
(A) The commission, on its own motion or by
			 motion of any party, may set aside any final order and, after reasonable notice
			 has been given, take  action as it may
			 deem necessary, including reinstating or modifying in whole or in part any
			 finding or order previously made by it.
(B) In reconsidering any final order, the
			 commission may consider the following:
(1)
			 Mistake, inadvertence, surprise or excusable neglect;
(2) Newly discovered evidence which by due
			 diligence could not have been discovered prior to the public hearing;
(3) Fraud, misrepresentation or other
			 misconduct of a party; or
(4) Any
			 other reason for setting aside in whole or in part the final order previously
			 issued.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-3 - Procedural Provisions › Section 4112-3-12 - Discovery

Current through all regulations passed and filed through July 1, 2024
(A) In general. The
			 commission and respondent shall both enjoy the same rights of discovery as are
			 provided for in division (B)(3) of section
			 4112.04 of the Revised Code, and
			 in rules 26 through 37 of the Ohio Rules of Civil Procedure except to the
			 extent that the civil rules by their nature would be inapplicable or Chapter
			 4112. of the Revised Code or this rule provides otherwise.
All costs associated with discovery shall be paid by the party
				conducting or seeking discovery.
(B) Evidence of damages. Except as otherwise
			 ordered by the administrative law judge, a party or aggrieved person shall,
			 upon proper discovery request, provide a computation of each category of
			 damages claimed or incurred by a party or aggrieved person and a copy of, or a
			 description by category and location of, all documents or other evidentiary
			 material, unless privileged or protected from disclosure, on which each
			 computation is based, including materials bearing on the nature and extent of
			 injuries suffered.
(C) Except as
			 set forth in paragraph (A) of this rule, an administrative law judge has the
			 discretion to control the scope of discovery, including, but not limited to,
			 issuing protective orders on his or her own motion.
(D) Sanctions. If a party or aggrieved person
			 fails to provide or permit discovery, the party seeking discovery may file a
			 motion to compel discovery. If the motion is granted, in whole or in part, and
			 the party or aggrieved person fails to produce the discovery as ordered, the
			 administrative law judge may take 
			 action as is just, including, but not limited to, the following:
(1) Inferring that the admission, testimony,
			 document or other evidence would have been adverse to the party or aggrieved
			 person;
(2) Ordering that, for
			 purposes of the adjudication, the matters regarding which the order was made
			 shall be taken to be established in accordance with the claim of the party
			 obtaining the order;
(3)
			 Prohibiting the party or aggrieved person failing to comply with the order from
			 introducing evidence concerning, or otherwise relying upon, documents or other
			 evidence withheld;
(4) Ordering
			 that the party or aggrieved person withholding discovery not introduce into
			 evidence, or otherwise use in the hearing, information obtained in
			 discovery;
(5) Permitting the
			 requesting party to introduce secondary evidence concerning the information
			 sought;
(6) Striking any
			 appropriate part of the pleadings or other submissions of the party or
			 aggrieved person failing to comply with 
									the
			 order;
(7) Recommending dismissal
			 of the complaint for failure to cooperate; or
(8) Taking  other action as may be appropriate.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-3 - Procedural Provisions › Section 4112-3-13 - Subpoenas

Current through all regulations passed and filed through July 1, 2024
(A) Issuance of
			 subpoenas. A commissioner may issue a subpoena to compel the attendance of
			 witnesses or the production of evidence, including, but not limited to, books,
			 records, correspondence or other documents relating to any matter under
			 investigation by the commission or as otherwise permitted under Chapter
			 4112. of the Revised Code. The director or the
			 director's designee may sign and issue subpoenas on behalf of the commission.
			 Subpoenas issued on behalf of the commission for a public hearing may be issued
			 by an administrative law judge. Subpoenas issued under this rule shall be
			 governed by division (B)(3) of section
			 4112.04 of the Revised Code, the
			 Ohio Rules of Civil Procedure, and rule
			 4112-3-12 of the
			 Administrative Code.
(B) Issuance
			 of subpoena at the request of respondent. Subpoenas shall be issued upon
			 receipt of a written request from a respondent or respondent's representative
			 which identifies the case caption and complaint number and contains the name
			 and address of the person to be served. Subpoena requests for the production of
			 documents must specify the documents to be produced. Subpoenas issued at the
			 request of a respondent shall contain the name and address of the respondent
			 and shall state that they were issued at the respondent's request. Subpoenas
			 issued on behalf of a respondent shall be sent to the respondent and served by
			 the respondent, consistent with the Ohio
			 Rules of Civil Procedure.
(C) Fees. Where a subpoena or subpoena for
			 production of evidence is issued upon the application of the respondent, the
			 cost of serviceand witness and mileage fees shall be borne by the
			 respondent. 
								Witness and mileage fees shall be the same as
			 paid by the common pleas courts of Ohio as outlined in
			 section 2335.06 of the Revised
			 Code.
(D) Failure to obey
			 subpoena. On the failure of any person to obey a subpoena, the commission may
			 make application to the common pleas court of the county in which the witness
			 resides, was served or transacts business, for an order from the court for
			 
								a person
			 to show cause why he or she shall not be held in contempt and
			  further relief as may be
			 appropriate.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-3 - Procedural Provisions › Section 4112-3-14 - Miscellaneous motions or petitions

Current through all regulations passed and filed through July 1, 2024
(A) All motions and petitions made to the
			 commission, except motions governed by paragraph (F) or (J) of rule
			 4112-3-07 of the
			 Administrative Code, shall contain a memorandum stating the reasons in support
			 of the motion or petition and citing the authorities upon which the movant or
			 petitioner relies. If the motion or petition requires consideration of facts
			 not appearing in the record, the movant or petitioner shall also serve and file
			 copies of all affidavits, depositions or other documentary evidence to be
			 considered in support of the motion or petition.
(1) Any party opposing a motion or petition
			 may file a responsive memorandum within seven days after service of the motion
			 or petition. Where the circumstances warrant and upon equitable terms and
			 conditions, the time period for filing a responsive memorandum may be extended
			 by the commission.
(2) No reply or
			 other memoranda may be filed except by special permission of the
			 commission.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-3 - Procedural Provisions › Section 4112-3-15 - Application for bona fide occupational qualification

Current through all regulations passed and filed through July 1, 2024
(A) Application.
			 Any respondent seeking a bona fide occupational qualification (BFOQ) pursuant
			 to division (E) of section
			 4112.02 of the Revised Code must
			 submit a written application to the commission. The application must contain
			 the following:
(1) A list of the specific job
			 classifications which are the subject of the application;
(2) A full statement of the facts giving rise
			 to the application;
(3) A legal
			 memorandum in support of the application containing appropriate citations;
			 and
(4) Supporting evidence,
			 including affidavits and other documentation, which the applicant believes
			 justifies the approval of the application.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-3 - Procedural Provisions › Section 4112-3-16 - Disposition of electronic records

Current through all regulations passed and filed through July 1, 2024
Electronic records of all hearings shall be preserved so long
				as the record may be the basis of a proceeding to obtain judicial review and
				may be reviewed by any party at the commission's central office during regular
				business hours.
(A)
								
								The electronic record will be erased and made available
			 for reuse when the following facts signify that the electronic record may no
			 longer be the basis for a proceeding to obtain judicial review:
(1) The commission has issued a final order
			 with respect to the particular matter, and
(2) All parties required to be advised of the
			 order have been sent proper notices, and
(3) Any party entitled to obtain judicial
			 review of the order has failed to timely file a petition to obtain judicial
			 review.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-3 - Procedural Provisions › Section 4112-3-17 - Deferral of charges to EEOC and referral of charges to HUD

Current through all regulations passed and filed through July 1, 2024
The commission may, without further action, defer any charge
				 to the U.S. equal employment opportunity commission
				(EEOC), the subject matter of which is within the
				EEOC's jurisdiction, for investigation, findings or other proceedings. The
				commission may, without further action,
								 refer any  charge to the U.S. department of housing and
				urban development (HUD), the subject matter of which is
				within HUD's jurisdiction, for investigation, findings and other
				proceedings. The commission may adopt, in whole or in part, modify or reject
				the findings of the EEOC and HUD and may take whatever further action as may be
				necessary to secure the rights of persons under, and achieve the purposes of,
				Chapter 4112. of the Revised Code. In the event that no further action is
				necessary, the commission shall deem its activities with respect to any charge
				as having terminated as of the date the charge is deferred to the EEOC or
				referred to HUD.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-3 - Procedural Provisions › Section 4112-3-18 - Notice of right to sue for charges related to employment.

Current through all regulations passed and filed through July 1, 2024
(A)
								If the commission ceases its preliminary investigation
			 upon a request in writing from complainant to cease its preliminary
			 investigation and issue a notice of right to sue or the commission determines
			 that it is not probable that an unlawful discriminatory practice relating to
			 employment has occurred or is occurring after a preliminary investigation, the
			 commission shall issue a notice of a right to sue to complainant along with the
			 notice to the complainant of the commission's determination and that it will
			 not issue a complaint in the matter. For all other determinations by the
			 commission relating to charges of unlawful discriminatory practices related to
			 employment, prior to the issuance of a formal complaint, the commission may
			 issue a notice of right to sue to complainant after the commission issues a
			 final order. The notice of right to sue shall state that the complainant may
			 bring a civil action related to the charge pursuant to section
			 4112.052 or
			 4112.14 of the Revised Code, in
			 accordance with section
			 4112.052 of the Revised
			 Code.
(B)
								The commission may issue a notice of right to sue no
			 sooner than sixty days after a charge related to employment is
			 filed.
(C)
								Upon the commission issuing a formal complaint or a
			 final order after the time period for filing reconsideration has passed without
			 a party applying for reconsideration, the reconsideration is denied by the
			 commission, or the reconsideration resulted the issuance of a final order or a
			 formal complaint, a charge related to employment is considered no longer
			 pending for purposes of tolling under division (C) of section
			 4112.052 of the Revised Code or
			 division (E) of section
			 4112.14 of the Revised
			 Code.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-5 - Discrimination › Section 4112-5-01 - Purpose

Current through all regulations passed and filed through July 1, 2024
The purpose of commission rules and regulations on
				discrimination is to assure compliance with the provisions of Chapter 4112. of
				the Revised Code. Commission rules express the Ohio civil rights commission's
				interpretation of language in Chapter 4112. of the Revised Code and indicate
				factors which the commission will consider in determining whether or not there
				has been a violation of the law. 
								Commission rules apply to every action which
				falls within the coverage of Chapter 4112. of the Revised Code, and are not
				intended to either expand or contract the coverage of Chapter 4112. of the
				Revised Code.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-5 - Discrimination › Section 4112-5-02 - Definitions

Current through all regulations passed and filed through July 1, 2024
When used in Chapter 4112. of the Revised Code and Chapters
				4112-5 to 4112-7 of the Administrative Code:
(A) "Accommodation" for persons with a
			 disability as applied to:
(1) Employers means
			 a reasonable adjustment made to a job and/or the work environment that enables
			 a qualified disabled person to be able to safely and substantially perform the
			 duties of that position per rule
			 4112-5-08 of the Administrative
			 Code.
(2) Places of public
			 accommodation means an adjustment to the facility or policies of the place of
			 public accommodation that enables a person with a disability the full enjoyment
			 of the accommodations, advantages, facilities, or privileges of the place of
			 public accommodation as outlined in rule
			 4112-5-06 of the Administrative
			 Code.
(3) Housing means an
			 adjustment to the 
									policies and/or practices related to housing as
			 outlined in rule
			 4112-5-07 of the Administrative
			 Code.
(4) Institutions of higher
			 education means an adjustment to post-secondary education programs and
			 activities, including post-secondary vocational educational programs and
			 activities as defined in section
			 4112.022 of the Revised Code as
			 outlined in rule
			 4112-5-09 of the Administrative
			 Code.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-5 - Discrimination › Section 4112-5-04 - Record keeping

Current through all regulations passed and filed through July 1, 2024
(A)
								The making and maintenance of records of the race,
			 color, religion, sex, military status, national origin, disability, age, or
			 ancestry of an applicant for employment or union membership shall not violate
			 division (E) of section
			 4112.02 of the Revised Code
			 where such records are made in conformance with instructions from, or the
			 requirements of an agency or court of the local, state, or federal government
			 in connection with the administration of a program which serves to promote the
			 elimination of discrimination.
Such
			 records shall be gathered and maintained in such a fashion as to preclude their
			 inadvertent or deliberate use for discriminatory purposes and to avoid possible
			 misinterpretation by applicants of the purpose for which such data will be
			 used.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-5 - Discrimination › Section 4112-5-05 - Sex discrimination

Current through all regulations passed and filed through July 1, 2024
(A) Sex as a bona fide occupational
			 qualification. The BFOQ exception as to sex shall be narrowly construed so as
			 to prohibit employment practices which tend to deny employment opportunities
			 unnecessarily to one sex or the other. Requests for a BFOQ must be submitted
			 pursuant to rule
			 4112-3-15 of the Administrative
			 Code.
(B) Application of the BFOQ
			 exception. The following situations do not warrant application of the BFOQ
			 exception.
(1) Refusal to hire, promote,
			 recall or deny an individual any term, condition or privilege of employment
			 based upon stereotyped characterizations of the sexes. Individuals shall be
			 considered on the basis of individual capacities rather than on the basis of
			 characteristics generally attributed to that group.
(2) Refusal to hire, promote or recall or
			 deny an individual any term, condition or privilege of employment when such
			 refusal or denial is based on assumptions of the general comparative employment
			 characteristics of that sex.
(3)
			 Refusal to hire based upon state employment laws or administrative regulations
			 which restrict or limit employment of one sex and do not take into account the
			 capacities, preferences and abilities of the individual and therefore
			 discriminate on the basis of sex. Such laws and regulations conflict with and
			 are superseded by Chapter 4112. of the Revised Code.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-5 - Discrimination › Section 4112-5-06 - Discrimination against persons with a disability in places of public accommodation

Current through all regulations passed and filed through July 1, 2024
(A) Discrimination prohibited. It shall
			 constitute unlawful discrimination in violation of Chapter 4112. of the Revised
			 Code for any facility which is a place of public accommodation to:
(1) Deny any 
									person with
			 a disability the reasonable access to and use of the areas within such
			 facility which are open to and used by the public in general.
(2) Deny any disabled person
			 with a disability any term, condition, privilege,
			 service or advantage which, upon entrance to such facility, accrues to the
			 public in general. For example, no 
									person with a disability shall be
			 denied, except for reasons applicable alike to all persons regardless of
			 disability, the full use and enjoyment of:
(a)
			 Recreational or social facilities within such place of public
			 accommodation.
(b) Food services
			 within such facility.
(c)
			 Maintenance services within such facility.
(d) Any service such place of public
			 accommodation is in the business of providing.
(3) Directly or indirectly publish,
			 circulate, issue, display, post or mail any written, printed or broadcast
			 communication, notice or advertisement to the effect that any of the
			 accommodations, advantages, facilities and privileges of such place of public
			 accommodation shall be refused, withheld or denied to any person on account of
			 disability.
(4) Deny any
			 
									person with a disability in a place of public
			 accommodation the attendance of an animal assistant or require the
			 
									person with a disability to pay an extra charge for
			 the attendance of the animal assistant.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-5 - Discrimination › Section 4112-5-07 - Discrimination against persons with a disability in housing accommodations

Current through all regulations passed and filed through July 1, 2024
(A) Discrimination
			 prohibited. No person shall, on the basis of a disability, be subjected to
			 discrimination in  housing
			 accommodations as it relates to:
(1) The sale,
			 transfer, assignment, renting, subleasing or financing of such accommodations.
			 In particular, it shall constitute unlawful discrimination in violation of
			 Chapter 4112. of the Revised Code for any person to:
(a) Refuse to sell, rent, transfer, or
			 sublease after making a bona fide offer to a person, because of such person's
			 disability.
(b) Refuse to negotiate
			 for the sale, renting, transfer, subleasing, or
			 financing of  housing accommodations
			 because of a person's disability.
(c) Refuse to consider sources of a disabled
			 applicant's income or to subject the applicant's source of income or ability to
			 generate income to automatic discounting in whole or in part because of such
			 applicant's disability.
(d)
			 Segregate the placement of a 
										person with a disability in a
			 unit, floor, building or complex within such  housing accommodations, unless such
			 placement is at the request or with the consent of the
			  person with a disability.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-5 - Discrimination › Section 4112-5-08 - Discrimination in the employment of persons with a disability

Current through all regulations passed and filed through July 1, 2024
(A) Discrimination
			 prohibited. No qualified disabled person shall, on the basis of disability, be
			 subjected to discrimination in employment as it relates to:
(1) Recruitment, advertising and the
			 processing of applications for employment;
(2) Hiring, upgrading, promotion, award of
			 tenure, demotion, transfer, layoff, termination, right of return from
			 layoff, and rehiring;
(3) Rates of pay or any other form of
			 compensation or any changes in compensation;
(4) Job assignment, job classification,
			 organizations, organizational structure, position descriptions, lines of
			 progression, and seniority lists;
(5) Departure and return from leaves of
			 absence, sick leave, or any other
			 leave;
(6) Fringe benefits
			 available by virtue of employment, whether or not administered by the
			 respondent, except as provided in paragraph (F) of this rule;
(7) Selection and financial support for
			 training, including apprenticeship, professional meetings, conferences, and
			 other related activities and selection for leaves of absence to pursue
			 training;
(8) Employer-sponsored
			 activities, including social or recreational programs; and
(9) Any other term, condition or privilege of
			 employment.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-6 - Housing Discrimination › Section 4112-6-01 - Housing discrimination charges: notice of filing, answer, commencement of investigation, time limitations, publication of agreements

Current through all regulations passed and filed through July 1, 2024
(A) Notice of
			 filing of charge. Upon the filing of written charge alleging an unlawful
			 discriminatory housing practice:
(1) The
			 commission shall serve notice upon the complainant acknowledging
			 
									the
			 filing and advising the complainant of the time limits and choice of forums
			 provided under Chapter 4112. of the Revised Code.
(2) The commission shall promptly serve on
			 the respondent a notice advising such respondent of the procedural rights and
			 obligations of respondents under Chapter 4112. of the Revised Code together
			 with a copy of the original charge.
(3) Each respondent may file an answer to
			 
									a
			 charge.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-6 - Housing Discrimination › Section 4112-6-02 - Civil penalty damages

Current through all regulations passed and filed through July 1, 2024
Division (G) of section
				4112.05 of the Revised Code
				authorizes civil penalties up to fifty thousand dollars when there is finding
				of unlawful discrimination in housing. The purpose of an award of civil
				penalties is to deter unlawful conduct in the future.
It is the policy of the commission that civil penalties are
				appropriate whenever a respondent engages in intentional discrimination. The
				amount of punitive damages to be awarded depends on the circumstances of each
				case. The commission will look at the nature of the respondent's conduct, the
				respondent's prior history of discrimination, respondent's size and
				profitability, respondent's cooperation or lack of cooperation during the
				investigation of the charge and the effect respondent's actions had on the
				complainant.
The fact that an unlawful discriminatory act was committed by
				an agent, as opposed to a principal, shall not affect the amount of civil
				penalties.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-6 - Housing Discrimination › Section 4112-6-03 - Housing accommodations for older persons

Current through all regulations passed and filed through July 1, 2024
As used in this rule, "housing accommodations for older
				persons" means:
(A) Housing provided
			 under any state or federal program 
			 specifically designed and operated to assist elderly persons; or
(B) Housing intended for, and solely occupied
			 by, persons sixty-two years of age or older; or
(C) Housing intended and operated for
			 occupancy by at least one person fifty-five years of age or older per unit. The
			 housing qualifies as housing for older persons under this paragraph, if it
			 includes at least the following factors:
(1)
			 The existence of significant facilities and services specifically designed to
			 meet the physical or social needs of older persons, or if the provision of such
			 facilities and services is not practicable, that such housing is necessary to
			 provide important housing opportunities for older persons; and
(2) At least eighty percent of the units are
			 occupied by at least one person fifty-five years of age or older
			 ; and
(3) The publication of, and adherence to,
			 policies and procedures which demonstrate an intent by the owner or manager to
			 provide housing for persons fifty-five years of age or older.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-6 - Housing Discrimination › Section 4112-6-04 - Election of civil action

Current through all regulations passed and filed through July 1, 2024
(A) If a complaint is issued under section
			 4112.05 of the Revised Code
			 alleging a violation of division (H) of section
			 4112.02 of the Revised Code, the
			 complainant, respondent or an aggrieved party may elect to have the claims in
			 the complaint be decided in a civil action.
(B) Notice of the election must be made in a
			 writing that is sent by certified mail, return receipt requested, to the
			 commission, to the civil rights section of the office of the attorney general,
			 and to the other parties to the pending administrative process within thirty
			 days after receipt of the complaint by the electing party.
(C) The electing party must, upon receiving
			 the mailing receipts which are returned to the electing party as the result of
			 the certified mailings sent pursuant to paragraph (B) of this rule, send those
			 receipts to the civil rights section of the attorney general's
			 office.
(D) Upon receipt of a
			 timely mailed election, the commission shall authorize the office of the
			 attorney general to commence and maintain the civil action in the court of
			 common pleas of the county in which the alleged unlawful discriminatory
			 practices occurred.
(E) The office
			 of the attorney general shall commence the civil action within thirty days
			 after the receipt of the commission's authorization to commence the civil
			 action.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-8 - Accessing Confidential Personal Information › Section 4112-8-02 - Procedures for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
For personal information systems,
				whether manual or computer systems that contain confidential personal
				information, the commission shall do the following:
(A)
								 Criteria for
			 accessing confidential personal information. Personal information systems of
			 the commission are managed on a "need-to-know" basis whereby the information
			 owner determines the level of access required for an employee of the commission
			 to fulfill his or her job duties. The determination of access to confidential
			 personal information shall be approved by the employee's supervisor and the
			 information owner prior to providing the employee with access to confidential
			 personal information within a personal information system. The commission shall
			 establish procedures for determining a revision to an employee's access to
			 confidential personal information upon a change to that employee's job duties
			 including, but not limited to, transfer or termination. Whenever an employee's
			 job duties no longer require access to confidential personal information in a
			 personal information system, the employee's access to confidential personal
			 information shall be removed.
(B)
								 Individual's
			 request for a list of confidential personal information. Upon the signed
			 written request of any individual for a list of confidential personal
			 information about the individual maintained by the commission, the commission
			 shall do all of the following:
(1)
									 Verify the identity of the individual by a method that
			 provides safeguards commensurate with the risk associated with the confidential
			 personal information;
(2)
									 Provide to the individual the list of confidential
			 personal information that does not relate to an investigation about the
			 individual or is otherwise not excluded from the scope of Chapter 1347. of the
			 Revised Code; and
(3)
									 If all information relates to an investigation about
			 that individual, inform the individual that the commission has no confidential
			 personal information about the individual that is responsive to the
			 individual's request.
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-8 - Accessing Confidential Personal Information › Section 4112-8-03 - Valid reasons for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
Pursuant to the requirements of
				division (B)(2) of section
				1347.15 of the Revised Code,
				this rule contains a list of valid reasons, directly related to the
				commission's exercise of its powers or duties, for which only employees of the
				commission may access confidential personal information (CPI) regardless of
				whether the personal information system is a manual system or computer
				system:
Performing the following functions
				constitute valid reasons for authorized employees of the commission to access
				confidential personal information:
(A)
								 Responding to a
			 public records request;
(B)
								 Responding to a request from an individual for the
			 list of CPI the commission maintains on that individual;
(C)
								 Administering a
			 constitutional provision or duty;
(D)
								 Administering a
			 statutory provision or duty;
(E)
								 Administering an
			 administrative rule provision or duty;
(F)
								 Complying with
			 any state or federal program requirements;
(G)
								 Processing or
			 payment of claims or otherwise administering a program with individual
			 participants or beneficiaries;
(H)
								 Auditing
			 purposes;
(I)
								 Licensure, permit, eligibility, filing, certifications
			 or other similar processes;
(J)
								 Investigation or
			 law enforcement purposes;
(K)
								 Administrative hearings;
(L)
								 Litigation,
			 complying with an order of the court or subpoena;
(M)
								 Human resource
			 matters, included but not limited to hiring, promotion, demotion, discharge,
			 salary/compensation issues, leave requests/issues, time card approvals and
			 related issues;
(N)
								 Complying with an executive order or
			 policy;
(O)
								 Complying with an commission policy or a state
			 administrative policy issued by the department of administrative services, the
			 office of budget and management or other similar state agency;
(P)
								 Complying with a
			 collective bargaining agreement provision or;
(Q)
								 Supervising the
			 work of another employee.
Five Year Review (FYR) Dates:
				8/30/2018 and
				08/30/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 119.03, 1345.15,
				4112.04
Rule
				Amplifies: 1347.15
Prior
				Effective Dates: 09/01/2013
Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-8 - Accessing Confidential Personal Information › Section 4112-8-04 - Confidentiality statutes

Current through all regulations passed and filed through July 1, 2024
The following federal and state
				regulations, statutes and administrative rules make personal information
				maintained by the commission confidential and identify the confidential
				personal information within the scope of rules promulgated by this agency in
				accordance with section
				1347.15 of the Revised
				Code:
(A)
								 Social security numbers:
			 5 U.S.C.
			 552a, "State ex rel Beacon Journal v. Akron
			 (1994), 70 Ohio St. 3d 605," unless the individual was told the number would be
			 disclosed.
(B)
								 "Bureau of Criminal Investigation and Information"
			 criminal records check results: section
			 4776.04 of the Revised
			 Code.
(C)
								 Prior to the notification of the parties of a
			 determination of a no probable cause finding pursuant to division (B)(3)(a)(i)
			 of section 4112.05 of the Revised Code or
			 the initiation of the conciliation process pursuant to division (B)(3)(c) of
			 section 4112.05 of the Revised Code,
			 information obtained as a result of an investigation of a civil rights charge:
			 division (B)(3) of section
			 4112.05 of the Revised
			 Code.
(D)
								 Except as provided in paragraph (J) of rule
			 4112-3-03
			 of the Administrative Code, information obtained during informal methods of
			 conference, conciliation and persuasion: division (B)(5) of section
			 4112.05 of the Revised
			 Code.
(E)
								 To the extent the commission maintains personal
			 information in a system defined by this chapter:
(1)
									 Sections 262 and
			 264 of the Health Insurance Portability and Accountability Act of 1996,
			 42 U.S.C
			 1320d-2 and
			 42
			 U.S.C 1320d-4;
			 Pub.
			 L. No. 104-191 as implemented in 45 C.F.R. Parts
			 160 and 164.
(2)
									 The Family Medical Leave Act of 1993,
			 Pub.
			 L. No. 103-3; 29 U.S.C. Sec. 2601 as implemented
			 in
			 29 C.F.R.
			 825.500.
(3)
									 Title I of The
			 Americans with Disabilities Act of 1990,
			 42 U.S.C.
			 12112(d).
(4)
									 Genetic
			 Information Nondiscrimination Act (GINA) of 2008, Pub. L. No. 110 - 233, 122
			 Stat. 881.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-1 - Definitions › Section 4115-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
The following definitions apply to Chapters 4115-1 to 4115-7 of
				the Administrative Code:
(A)
(1) "A person with a severe disability" for
			 the purpose of receiving employment or vocational training pursuant to sections
			  4115.31 
			 to
			  4115.35 
			 of the Revised Code means an individual:
(a)
			 Who has a severe physical, visual or mental disability resulting from an
			 injury, disease, or congenital defect, which creates a limiting condition to
			 the person's functional capability to engage in normal competitive employment
			 over an extended period of time. Functional capability, including, but not
			 limited to, such factors as mobility, communication, self-care, self-direction,
			 work tolerance, or work skills, can be determined on a basis of an evaluation
			 of rehabilitation potential.
(b) A
			 person with a severe disability who is able to engage in normal competitive
			 employment because the person has overcome his/her disability is not a person
			 with a severe disability within the meaning of paragraph (A)(1)(a) of this
			 rule. Capability for normal competitive employment shall be determined from
			 information developed by an ongoing placement program conducted by the
			 qualified nonprofit agency. Such placement programs shall include at least a
			 pre-admission evaluation and annual review to determine each person's
			 capability for normal competitive employment and maintenance of liaison with
			 appropriate community services for the placement in such employment of any
			 persons who may qualify for such placement.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-3 - General Provisions › Section 4115-3-01 - Purpose

Current through all regulations passed and filed through July 1, 2024
Subject to and in accordance with division (A) of section
				 4115.33 
				of the Revised Code, the state committee for the purchase of products and
				services provided by persons with severe disabilities (hereinafter the
				"committee") hereby adopts rules under Chapters 4115-1 to 4115-7 of the
				Administrative Code for the purpose of directing the procurement of selected
				products and services by Ohio governments to qualified nonprofit agencies
				serving persons with severe disabilities with the objective of increasing
				employment opportunities for these individuals.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-3 - General Provisions › Section 4115-3-02 - Recommendations

Current through all regulations passed and filed through July 1, 2024
All individuals, particularly those concerned with procurement,
				are encouraged to identify and recommend to the committee any products and
				services which appear to be suitable for procurement by Ohio governments from
				qualified nonprofit agencies for persons with severe disabilities.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-3 - General Provisions › Section 4115-3-03 - Correspondence and inquiries

Current through all regulations passed and filed through July 1, 2024
Routine correspondence or inquiries concerning deliveries of
				products being shipped from or performance of services by qualified nonprofit
				agencies shall be with the central nonprofit agency.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-3 - General Provisions › Section 4115-3-04 - Notice of meetings

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,
(B) Any
			 person may request a regular meeting schedule identifying the time, and place
			 of meetings of the committee by:
(1) Writing
			 to: "Executive Director, state use committee, Ohio Department of Mental
			 Retardation and Developmental Disabilities (ODMR/DD), 30 East Broad Street,
			 Suite 1240 Columbus, Ohio 43215."
(2) Reviewing the bulletin board located at
			 ODMR/DD, 30 East Broad Street, 12th Floor, Columbus, Ohio 43266-0415.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-3 - General Provisions › Section 4115-3-05 - Public notice: adoption, amendment or rescission of rules

Current through all regulations passed and filed through July 1, 2024
When the committee proposes to adopt, amend or rescind any rule
				which it is by law authorized or required to adopt under the Administrative
				Procedure Act, notice of public hearing shall be given pursuant to section
				 119.03 
				of the Revised Code in the register of Ohio published by the legislative
				service commission not less than thirty days before such hearing. Such notice
				shall contain the information required by section
				 119.03 
				of the Revised Code. A copy of the notice shall also be made available along
				with the full text of the proposed rule or rules at least thirty days prior to
				such hearing on the Ohio department of mental retardation and developmental
				disabilities web site at
http://odmrdd.state.oh.us
.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-5 - State Use Committee; Central Nonprofit Corporation › Section 4115-5-01 - Committee membership

Current through all regulations passed and filed through July 1, 2024
The committee shall be composed ex officio of the following
				persons or their designees:
(A) The
			 director of the department of administrative services;
(B) The executive director of the
			 rehabilitation services commission;
(C) The director of the department of mental
			 health;
(D) The director of the
			 department of commerce;
(E) The
			 administrator of the bureau of workers' compensation;
(F) The secretary of state;
(G) The director of the department of
			 transportation;
(H) The director
			 of the department of natural resources;
(I) One representative of a purchasing
			 department of a political subdivision who is designated by the governor;
(J) The director of the department
			 of mental retardation and developmental disabilities;
(K) A person with a severe disability
			 appointed by the governor; and
(L)
			 Two representatives of a qualified nonprofit agency appointed by the governor.