reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 122:5 - Office of Community Services › Chapter 122:5-1 - Community Service Block Grant Funding › Section 122:5-1-02 - Suspension or withholding of community services block grant funding

Current through all regulations passed and filed through July 1, 2024
(A) Withholding and
			 suspension in general. The deputy chief of the community services division through its office of
			 community assistance("OCA/CSD") may withhold or suspend community services
			 block grant ("CSBG") funds to an eligible entity if field monitoring and/or
			 evaluation, desk monitoring and/or evaluation, or fiscal audits reveal
			 noncompliance with established state or federal policies, grant requirements,
			 office of community services directives, fiscal procedures, program performance
			 targets or other willful or negligent failure on the part of the eligible
			 entity to perform its responsibilities.
(B) Action to suspend CSBG funds will be
			 taken only after less severe corrective actions have been tried; unless the
			 chief of the office of community services determines that immediate action is
			 necessary due to the seriousness of the violation or is necessary to protect
			 CSBG funds or property. Serious violations would include, but are not
			 necessarily limited to, evidence of fraud, embezzlement or gross
			 mismanagement.
(C) Written
			 notification of intent to withhold or suspend CSBG funds. The deputy
			 chief
			 of the community services division shall provide a written
			 "Notification of Intent to Withhold or Suspend CSBG Funds" by certified mail,
			 return receipt requested, to the chairperson of the governing board of the
			 eligible entity to effectuate the process of withholding or suspension of CSBG
			 funds.
(D) The "Notification of
			 Intent to Withhold or Suspend CSBG Funds" shall specify:
(1) The reasons for such proposed actions;
			 sections of the statutes, rules, regulations or contractual obligations with
			 which the eligible entity is not in compliance;
(2) The corrective actions and the date (not
			 less than thirty days after the date of the notice) by which they must be
			 taken;
(3) A statement informing
			 the eligible entity which action OCA/CSD may take if the grantee does not achieve
			 compliance within the time specified in the notice, or does not provide
			 satisfactory assurances that actions have been initiated which will achieve
			 compliance in a timely manner.
Ohio Administrative Code › Title 122:5 - Office of Community Services › Chapter 122:5-1 - Community Service Block Grant Funding › Section 122:5-1-03 - Termination of community services block grant funding

Current through all regulations passed and filed through July 1, 2024
(A) Termination in
			 general. The deputy chief of the community services division may terminate community
			 service block grant ("CSBG") funding to an eligible entity in any of the
			 following instances:
(1) The deputy
			 chief
			 of the community services division determines that the governing
			 board of the eligible entity cannot or will not take the necessary action to
			 bring the eligible entity into compliance within the time allowed by the
			 community development division through its office of community services ("OCA/CSD").
(2) The deputy chief of
			 the community services division determines that the nature or
			 extent of noncompliance is extreme and warrants immediate termination of CSBG
			 funding.
(3) The eligible entity is
			 no longer officially recognized as a community action agency as a result of
			 dedesignation procedures described in divisions (B)(1) and (B)(2) of section
			 122.701 of the Revised
			 Code.
(4) The eligible entity fails
			 to comply with provisions of the grant agreement.
(5) For any of the reasons set forth in the
			 rules of the Administrative Code which govern CSBG funding.
Ohio Administrative Code › Title 122:5 - Office of Community Services › Chapter 122:5-1 - Community Service Block Grant Funding › Section 122:5-1-04 - Conduct of hearing

Current through all regulations passed and filed through July 1, 2024
(A) The hearing shall be within fifteen days
			 of the request, but not prior to seven days, of the date of the "Notification
			 of Intent to Terminate" unless otherwise agreed upon in writing by both the
			 division and the eligible entity.
(B) After the hearing officer has called the
			 hearing to order, the parties may be given an opportunity to present opening
			 statements; thereafter, the parties shall present their evidence in the
			 sequence determined by the hearing officer.
(C) When a witness is introduced to provide
			 testimony or evidence in a contested case hearing, the witness shall, prior to
			 testifying, be identified by name and address and shall take an oath of
			 affirmation administered by the hearing officer.
(D) The hearing officer shall be a state of
			 Ohio employee not involved in the decision to terminate.
(E) The hearing procedures shall include, but
			 are not limited to, the following:
(1) For
			 good cause, a hearing may be rescheduled by the hearing officer;
(2) The eligible entity may be represented at
			 the hearing by
(a) an attorney;
(b) such other representative, who is not an
			 attorney and has been designated to represent the eligible entity by a majority
			 of the governing board.
(3) To introduce into the record documentary
			 evidence and bring witnesses to the hearing;
(4) To have records or documents relevant to
			 the issues produced by their custodian when the records or documents are kept
			 by or for the state, contractor or a subcontractor in the ordinary course of
			 business and where prior reasonable notice has been given to the presiding
			 officer;
(5) To question any
			 witnesses or parties;
(6) The
			 hearing officer shall not be bound by the "Ohio Rules of Evidence" and shall
			 prescribe the conduct of the hearing;
(7) Additional procedures may be set forth by
			 the hearing officer, or at the request of the parties if approved by the
			 hearing officer in whose sole discretion hearing procedures shall rest.
Ohio Administrative Code › Title 122:5 - Office of Community Services › Chapter 122:5-1 - Community Service Block Grant Funding › Section 122:5-1-05 - Decision requirements

Current through all regulations passed and filed through July 1, 2024
(A) The hearing officer shall, within fifteen
			 calendar days following the hearing, provide the deputy chief of
			 the community services division with a written
			 decision.
(B) Within seven calendar
			 days of the receipt of the written decision of the hearing officer, the deputy
			 chief
			 of the community services division shall provide the director of
			 the Ohio development services agency with a written
			 recommendation.
(C) Within fifteen
			 calendar days of the receipt of the written recommendation of the deputy
			 chief
			 of the community services division, the director of the Ohio
			 development services agency, or his designee who
			 shall not be an officer or employee within the community
			 services division, shall issue a final decision
			 on behalf of the state.
(D) A
			 proposed and final decision shall include findings of fact and regulations
			 supporting such actions. Findings of fact shall be based solely on the evidence
			 in the record and on matters officially noticed in the record, and, if set
			 forth in statutory language, shall be accompanied by a concise and explicit
			 statement of underlying facts supporting the findings.
(E) The deputy chief of
			 the community services division shall give prompt notice of
			 the decision of the director of the Ohio development
			 services agency by mailing a copy of the decision by certified mail,
			 return receipt requested, to the chairperson of the governing board of the
			 eligible entity.
(F) Review by the
			 secretary of health and human services. In accordance with Pub. L. No. 97-35 of
			 the United States Code, as amended by Pub. L. No. 98-558 of the United States
			 Code, the eligible entity may appeal the decision of the state to the secretary
			 of the United States department of health and human services and request the
			 secretary to review any termination of community services block grant funding
			 to a community action agency, or migrant and seasonal farmworker
			 organization.
Ohio Administrative Code › Title 122:5 - Office of Community Services › Chapter 122:5-2 - Community Action Agencies › Section 122:5-2-03 - Program and fiscal requirements

Current through all regulations passed and filed through July 1, 2024
(A) Each designated community action agency
			 shall:
(1) Annually apply for C.S.B.G. funds
			 through submission of a program plan and budget which, upon approval by the
			 office of community services, shall become part of a grant agreement between
			 the Ohio development services agency, office of community
			 services, and the designated community action agency. The program shall include
			 activities which provide a range of services and opportunities having a
			 measurable and potentially major impact on the causes of poverty in the
			 community or those areas of the community where poverty is a particularly acute
			 problem, including, but not limited to:
(a)
			 Providing activities designed to assist low-income persons, including
			 youth elderly and handicapped low-income persons,
			 to:
(i) Secure and maintain meaningful
			 employment, training, work experience, and unsubsidized employment;
(ii) Attain an adequate education;
(iii) Make better use of available
			 income;
(iv) Obtain and maintain
			 adequate housing and a suitable living environment;
(v) Obtain emergency assistance through loans
			 or grants to meet immediate and urgent individual and family needs, including
			 the need for health services, nutritious food, housing, and employment-related
			 assistance;
(vi) Remove obstacles
			 and solve personal and family problems that block the achievement of
			 self-sufficiency;
(vii) Achieve
			 greater participation in the affairs of the community;
(viii) Undertake family planning, consistent
			 with personal and family goals and religious and moral convictions;
			 and
(ix) Obtain energy assistance,
			 conservation, and weatherization services.
Ohio Administrative Code › Title 122:5 - Office of Community Services › Chapter 122:5-2 - Community Action Agencies › Section 122:5-2-04 - Community action agency annual evaluation

Current through all regulations passed and filed through July 1, 2024
(A) Each board of directors of designated
			 community action agencies shall annually conduct a self-evaluation of its
			 policies and programs, using forms provided by the office of community
			 assistance, according to the following criteria:
(1) Progress towards meeting the community
			 action agency's goals and objectives as stated in its approved annual program
			 plan;
(2) The impact of its
			 activities upon the needs of low-income clients and the community;
(3) The appropriateness of its goals in
			 carrying out the community action agency's mission; and
(4) The appropriateness of its objectives and
			 strategies in meeting the community action agency's goals.
Ohio Administrative Code › Title 122:5 - Office of Community Services › Chapter 122:5-3 - Percentage of Income Payment Plan (PIPP) Program › Section 122:5-3-02 - Criteria for customer eligibility

Current through all regulations passed and filed through July 1, 2024
(A) Customer of a participating utility. An
			 individual must be a residential customer of an electric distribution utility
			 or a participating electric cooperative or municipal electric company to
			 participate in the PIPP plus program.
(B) Household income
(1) Compared to federal poverty guidelines.
			 Any customer whose annual household income is one hundred fifty per cent or
			 less than the federal poverty guideline for the corresponding household size
			 shall be eligible to participate in the PIPP plus program. A customer will be
			 considered to meet the income eligibility requirement if the customer's
			 documented household income for the thirty days prior to enrollment, if
			 annualized, is one hundred fifty percent or less than the federal poverty
			 guideline for the corresponding household size, provided, however, if the
			 customer's actual household income for the thirty days prior to enrollment is
			 not reflective of their annual income, documentation of their annual household
			 income is required. The customer will be considered to meet the income
			 eligibility requirement if the documented annual household income is one
			 hundred fifty per cent or less than the federal poverty guideline for the
			 corresponding household size.
(2)
			 Sources of income. For purposes of determining eligibility for low-income
			 customer assistance programs, "household income" includes all sources of income
			 except sources of income expressly excluded. The director shall review sources
			 of income annually and publish specific exclusions from household income as
			 part of the annual LIHEAP plan. After such public hearings as required by
			 federal law for the annual LIHEAP plan, the director shall publish exclusions
			 from household income in the annual energy assistance guidelines, which the
			 director shall make available through various publication channels throughout
			 the state, including at local agencies, by request to the office of community
			 assistance and by publication on the development services agency website. To
			 assist local agencies and potential PIPP plus customers, the director may also
			 compile and publish with the exclusions a non-exhaustive list of items included
			 in the determination of household income.
Ohio Administrative Code › Title 122:5 - Office of Community Services › Chapter 122:5-3 - Percentage of Income Payment Plan (PIPP) Program › Section 122:5-3-03 - Procedures for verifying customer eligibility

Current through all regulations passed and filed through July 1, 2024
(A) One-stop application and eligibility
			 determination process.
(1) Local agency. To
			 the extent practicable, the director shall maintain a one-stop application and
			 eligibility determination process for customers administered by the office of
			 community assistance. Applications may be accepted by the office of community
			 assistance and, at the local level, by a local agency. The eligibility
			 determination process shall include periodic verification of continuing
			 eligibility to participate in the PIPP plus program. The office of community
			 assistance and local agencies designated by the director to accept applications
			 for the PIPP plus program shall collect information from customers in the form
			 required by the director from time to time. The director may also require such
			 local agencies to use such computer programs and web-based applications as the
			 director may provide in connection with the administration of the PIPP plus
			 program.
(2) Referrals. All
			 requests by customers to participate in the PIPP plus program shall be referred
			 for eligibility determination to the office of community assistance or a local
			 agency designated by the director to accept applications for the PIPP plus
			 program. The director shall provide information about the referral process to
			 electric distribution utilities and to the commission. The director shall also
			 make reasonable efforts to make referral information generally available to the
			 public, including by publication on the development services agency website.
			 Customers may not be enrolled in the PIPP plus program directly by utility
			 companies. The requirement that utilities refer customers to the office of
			 community assistance or a local agency for PIPP plus enrollment is not intended
			 and should not be interpreted to impose on electric distribution utilities
			 different or additional requirements for establishing customer accounts for
			 electric service or for processing service transfers (changes of service
			 address within the utility's service territory) for PIPP plus customers.
			 Consistent with the commission rule set forth in paragraph (A) of rule
			 4901:1-18-15
			 of the Administrative Code (or any successor rule of substantially the same
			 effect), a PIPP plus customer who is current on his/her payment of monthly PIPP
			 plus installment amounts shall not be denied a transfer of service to a new
			 address based solely on the customer's accrued arrearages. PIPP plus customers
			 relocating within the service territory of an electric distribution utility are
			 not required to re-enroll or re-verify eligibility to participate in the PIPP
			 plus program as a condition for transferring electric
			 service.
Ohio Administrative Code › Title 122:5 - Office of Community Services › Chapter 122:5-3 - Percentage of Income Payment Plan (PIPP) Program › Section 122:5-3-04 - Payment and crediting arrangements and responsibilities

Current through all regulations passed and filed through July 1, 2024
(A) Customer
			 payments.
(1) Monthly PIPP plus installment
			 amount. For a PIPP plus customer with an electric baseload residence, the
			 monthly PIPP plus installment amount shall be the greater of
			 
									five per
			 cent of such customer's monthly household income, as determined based on
			 current income information provided by the PIPP plus customer at the time of
			 application or subsequent income verification, or the minimum monthly PIPP plus
			 installment amount described in paragraph (C) of rule
			 122:5-3-02
			 of the Administrative Code. For a PIPP plus customer with an electrically
			 heated residence, the monthly PIPP plus installment amount shall be the greater
			 of ten per cent of such customer's monthly household income, as determined
			 based on current income information provided by the PIPP plus customer at the
			 time of application or subsequent income verification, or the minimum monthly
			 PIPP plus installment amount.
(2)
			 Payment to electric utility. PIPP plus customers shall be required to remit
			 their monthly PIPP plus installment amounts directly to electric distribution
			 utilities each month. Subject to commission rules applicable to customer
			 billing, paragraph (G) of rule
			 4901:1-10-22
			 of the Administrative Code (or any successor rule of substantially the same
			 effect), and any agreements between the director and electric distribution
			 utilities regarding PIPP plus procedures, the monthly PIPP plus installment
			 amounts will be shown on monthly bills for electric service. Customer payments
			 shall be credited to the accounts of PIPP plus customers by each electric
			 distribution utility in accordance with payment crediting rules of the
			 commission. Consistent with the commission rule as set forth in paragraph (C)
			 of rule
			 4901:1-18-15
			 of the Administrative Code (or any successor rule of substantially the same
			 effect), electric distribution utilities shall not charge late payment fees to
			 any PIPP plus customer as long as such customer continues to be an active PIPP
			 plus customer and no late fees shall be charged to or payable from the
			 fund.
(3) Money other than HEAP,
			 emergency HEAP, or money provided on a monthly basis by a public or private
			 agency for the purpose of paying utility bills shall first be applied to the
			 customer's defaulted current monthly payment obligation (this could be PIPP
			 plus default, graduate PIPP plus default, or extended payment plan default), if
			 any, then applied to the customer's current monthly income-based payment
			 obligation (this could be PIPP plus installment, graduate PIPP plus
			 installment, or extended payment plan obligation), and lastly, shall be applied
			 to the customer's arrearages.
Ohio Administrative Code › Title 122:5 - Office of Community Services › Chapter 122:5-3 - Percentage of Income Payment Plan (PIPP) Program › Section 122:5-3-06 - Aggregation

Current through all regulations passed and filed through July 1, 2024
Pursuant to section
				4928.54 of the Revised Code, the
				director may aggregate PIPP plus customers for
				the purpose of competitively auctioning the supply of competitive retail
				electric generation service to bidders certified under section
				4928.08 of the Revised Code and
				further qualified under eligibility criteria the director prescribes by rule
				under division (B) of section
				4928.53 of the Revised Code
				after consultation regarding any such rule with the commission and electric
				light companies as well as such other interested parties as the director may
				identify. The director shall review from time to time the feasibility of
				aggregating PIPP plus customers as contemplated
				by section 4928.54 of the Revised Code. If
				the director determines that a market has developed in which aggregating PIPP
				plus customers is feasible and substantial
				savings for the PIPP plus program can be realized
				by aggregating customers for the purpose of competitively auctioning the supply
				of competitive retail electric generation services, then the director shall
				undertake to consult with the commission and electric light companies and
				develop rules consistent with the requirements of section
				4928.54 of the Revised
				Code.
Effective: 2/15/2015
Five Year
				Review (FYR) Dates: 11/25/2014 and
				02/15/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 4928.53
Rule
				Amplifies: 4928.51 to
				4928.57
Prior
				Effective Dates: 9/1/00, 11/1/10
Ohio Administrative Code › Title 122:5 - Office of Community Services › Chapter 122:5-3 - Percentage of Income Payment Plan (PIPP) Program › Section 122:5-3-07 - Procedures for administering funds under director's jurisdiction

Current through all regulations passed and filed through July 1, 2024
(A) Compliance with
			 federal requirements. Federal funds received by the director for the purpose of
			 providing home energy assistance or energy efficiency and weatherization
			 services shall be administered in accordance with any applicable federal laws
			 and program guidelines in effect from time to time. In the event the director
			 determines that any provision of this rule conflicts with any federal law or
			 program guideline as adopted or amended after the effective date of this rule,
			 the director may do all things necessary to conform the administration of
			 federally-funded assistance programs to applicable laws and guidelines,
			 including, without limitation, suspension of any invalid or conflicting
			 provision of this chapter of the Administrative Code.
(B) Home energy assistance program.
(1) Annual program determinations. Each year,
			 the director shall develop a plan for administration of the home energy
			 assistance program taking into account the amount of program funds to be
			 received by the state from the federal government, any additional funds that
			 may be made available for such programs by the state and the timing of the
			 availability of all such funds for distribution to eligible recipients. The
			 plan for administration, including the priorities for distribution of funds,
			 shall be as provided in the annual LIHEAP plan for the applicable program year.
			 The annual LIHEAP plan shall set forth the eligibility criteria for the program
			 year and describe the manner in which home energy assistance funds will be made
			 available for the crisis assistance component of the home energy assistance
			 program.
(2) Customer eligibility.
			 Eligibility for home energy assistance program benefits shall be as set forth
			 in the annual LIHEAP plan. Such assistance is not limited to PIPP
			 plus customers. The director may in the annual
			 energy assistance guidelines issued to local agencies for administration of the
			 program reserve emergency or crisis assistance for households that do not
			 receive electric service from an electric distribution utility and/or for
			 customers of electric distribution utilities who are not eligible to
			 participate in the PIPP plus program. The
			 director shall make information about the home energy assistance program,
			 including customer eligibility requirements, available to the public at public
			 hearings, through local agencies and various other communication channels,
			 including publication on the development services agency
			 website.
Ohio Administrative Code › Title 122:5 - Office of Community Services › Chapter 122:5-3 - Percentage of Income Payment Plan (PIPP) Program › Section 122:5-3-08 - Energy efficiency and weatherization services and consumer education

Current through all regulations passed and filed through July 1, 2024
(A) Allocation of
			 energy efficiency and weatherization services. To the extent practicable,
			 energy efficiency and weatherization services supported with resources from the
			 fund shall be targeted to the certified territories of an electric distribution
			 utility in the same proportion as the revenue remitted by such electric
			 distribution utility to the director for the fund as corresponds to the total
			 revenue remitted from all electric distribution utilities to the director for
			 the fund. In the event any electric distribution utility makes any other
			 funding contribution to the director to support energy efficiency or
			 weatherization services, such additional funding shall be targeted to delivery
			 of energy efficiency and weatherization services in such electric distribution
			 utility's service territory.
(B)
			 Target high-cost, high-use structures. The director shall establish and
			 maintain criteria designed to target energy efficiency and weatherization
			 services to high-cost, high-use structures, provided that such criteria may
			 allow flexibility to perform cost-effective energy efficiency and
			 weatherization services for residences of PIPP plus customers and customers then eligible to
			 participate in the PIPP plus program even though
			 such residences may not be the highest cost or highest use structures. Such
			 criteria may include, among others identified by the director from time to
			 time:
(1) the extent to which an adequate
			 delivery infrastructure is available to serve the targeted structures within a
			 particular region;
(2) the extent
			 to which additional training is necessary to deliver the energy efficiency and
			 weatherization services; and
(3)
			 the net present value of savings to the fund from the implementation of
			 particular energy efficiency and weatherization services. Any energy efficiency
			 or weatherization measure projected to yield a savings-to-investment ratio of
			 greater than one shall be considered a cost-effective measure.
Ohio Administrative Code › Title 122:5 - Office of Community Services › Chapter 122:5-3 - Percentage of Income Payment Plan (PIPP) Program › Section 122:5-3-09 - Delegation of functions

Current through all regulations passed and filed through July 1, 2024
Except as provided in this rule, each and any of the powers and
				duties of the director under this chapter may be performed by the assistant
				director of the development
				services agency or such other officers and
				employees of the development
				services agency as may be designated in writing
				by the director or such assistant director. Any such designation under this
				chapter shall continue to be effective for purposes of this chapter unless and
				until it is terminated or superseded in writing, notwithstanding any succession
				in the office of director or assistant director. Except as provided in this
				rule, any reference in this chapter to the director includes the assistant
				director and such other designated officers and employees.
Effective: 2/15/2015
Five Year
				Review (FYR) Dates: 11/25/2014 and
				02/15/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 4928.53
Rule
				Amplifies: 4928.51 to
				4928.57
Prior
				Effective Dates: 9/1/00, 11/1/10
Ohio Administrative Code › Title 122:5 - Office of Community Services › Chapter 122:5-3 - Percentage of Income Payment Plan (PIPP) Program › Section 122:5-3-10 - Severability

Current through all regulations passed and filed through July 1, 2024
If any clause, provision or application of any rule in this
				chapter is determined to be invalid or unenforceable under applicable law, such
				determination shall not affect the remainder of such rule or other application
				of the rule or other rules of this chapter, which shall be applied as if the
				invalid or unenforceable portion or application or references to the invalid or
				unenforceable portion did not exist.
Five Year Review (FYR) Dates:
				11/24/2014 and
				11/24/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 4928.53
Rule
				Amplifies: 4928.51 through
				4928.57
Prior
				Effective Dates: 11/01/2010
Ohio Administrative Code › Title 122:6 - Housing Trust Fund › Chapter 122:6-1 - Ohio Low- and Moderate-Income Housing Trust Fund › Section 122:6-1-02 - Eligibility and evaluation criteria for the receipt of funds

Current through all regulations passed and filed through July 1, 2024
(A) Annually, the administering body shall
			 adopt or reaffirm guidelines to address eligibility and application evaluation
			 criteria and other requirements governing the housing programs funded with
			 housing trust fund monies.
(B) Any
			 eligible applicant receiving housing trust fund monies not restricted by
			 division (A) of section
			  174.02  of the Revised Code shall
			 only use such funding to provide supportive services and/or acquire, finance,
			 construct, lease, rehabilitate, remodel, improve or equip housing affordable to
			 low- and moderate-income persons, as prescribed in guidelines adopted by the
			 administering body.
Replaces: 122:6-1-02
Effective:
				08/16/2009
R.C. 119.032 review dates: 08/16/2014
Promulgated Under: 119.03
Statutory Authority:
				174.03(D)
Rule Amplifies: 174.01 - 174.07
Prior Effective
				Dates: 4/16/92 (Emer), 6/26/92, 12/16/04
Ohio Administrative Code › Title 122:6 - Housing Trust Fund › Chapter 122:6-1 - Ohio Low- and Moderate-Income Housing Trust Fund › Section 122:6-1-03 - Procedures for paying out funds

Current through all regulations passed and filed through July 1, 2024
Funds granted or loaned from the housing trust fund shall be
				paid to the eligible applicant based on the guidelines adopted by the
				administering body for the housing program being administered.
Effective:
				08/16/2009
R.C. 119.032 review dates: 05/18/2009 and 08/16/2014
Promulgated Under: 119.03
Statutory Authority:
				174.03(D)
Rule Amplifies: 174.01 - 174.07
Prior Effective
				Dates: 4/16/92 (Emer), 6/26/92, 12/16/04
Ohio Administrative Code › Title 122:6 - Housing Trust Fund › Chapter 122:6-1 - Ohio Low- and Moderate-Income Housing Trust Fund › Section 122:6-1-04 - Fund limitations

Current through all regulations passed and filed through July 1, 2024
(A)
			 Each eligible applicant receiving a grant, loan, loan guarantee or loan subsidy
			 funded with housing trust fund monies for activities that provide, or assist in
			 providing, rental housing shall reasonably ensure that the rental housing will
			 be affordable to those families and individuals targeted for the rental housing
			 for the useful life of the rental housing project or for thirty years,
			 whichever is longer;
(B) Each
			 eligible applicant receiving a grant, loan, loan guarantee or loan subsidy made
			 from the housing trust fund for activities that will provide, or assist in
			 providing, housing shall prepare and implement a plan to reasonably assist any
			 families and individuals displaced by an applicant's project funded under the
			 housing programs in obtaining decent affordable housing.
(C) Each eligible applicant receiving a
			 grant, loan, loan guarantee or loan subsidy funded with housing trust fund
			 monies shall certify, using forms prescribed by the administering body,
			 compliance with all applicable state and federal laws, including, but not
			 limited to, fair housing and anti-discrimination statutes.
Effective:
				08/16/2009
R.C. 119.032 review dates: 05/18/2009 and 08/16/2014
Promulgated Under: 119.03
Statutory Authority:
				174.03(D)
Rule Amplifies: 174.01 - 174.07
Prior Effective
				Dates: 4/16/92 (Emer), 6/26/92, 12/16/04
Ohio Administrative Code › Title 122:6 - Housing Trust Fund › Chapter 122:6-1 - Ohio Low- and Moderate-Income Housing Trust Fund › Section 122:6-1-05 - Fund monitoring procedures

Current through all regulations passed and filed through July 1, 2024
(A) Each eligible applicant receiving funds
			 from the housing trust fund shall report periodically on program and fiscal
			 activities in the manner prescribed by the administering body.
(B) Prior to close-out of a grant, loan, loan
			 guarantee or loan subsidy funded with housing trust fund monies, the
			 administering body shall conduct a monitoring visit to assure that all
			 provisions of the grant, loan, loan guarantee or loan subsidy have been met and
			 to ensure compliance with division (H) of section
			  4112.02  of the Revised Code and
			 nondiscrimination against families with children.
(C) The administering body shall determine
			 and make public median income limits for low- and moderate income persons in
			 each county, based on income available for housing, family size, the cost and
			 condition of available housing, ability to pay the amounts the private market
			 charges for decent, safe, and sanitary housing without federal subsidy or state
			 assistance, and the income eligibility standards of federal programs.
(D) The administering body shall establish a
			 reporting system to assure that division (D)(1) of section
			  174.03  of the Revised Code
			 long-term affordability requirements are met.
(E) The administering body shall annually
			 solicit public comment on the activities, programs, policies and administration
			 of the housing trust fund.
(F) The
			 administering body shall submit a report to, and be available to meet with, the
			 housing trust fund advisory committee at least annually regarding the status of
			 housing projects and housing programs funded with housing trust fund
			 monies.
(G)
								ODSA will
			 obtain controlling board approval prior to making any housing trust fund grant,
			 loan, loan guarantee or loan subsidy greater than fifty thousand
			 dollars.
Ohio Administrative Code › Title 122:6 - Housing Trust Fund › Chapter 122:6-1 - Ohio Low- and Moderate-Income Housing Trust Fund › Section 122:6-1-06 - Fund repayment requirements

Current through all regulations passed and filed through July 1, 2024
(A) Any use of housing trust fund monies by
			 the eligible applicant in a manner which violates any terms or conditions of a
			 grant or loan shall result in the administering body taking appropriate
			 corrective action, including, but not limited to, immediate repayment and civil
			 or criminal legal action.
(B) When
			 repayment of a grant, loan, loan guarantee or loan subsidy funded with housing
			 trust fund monies is directed by the administering body, a repayment plan may
			 be negotiated with the administering body. All monies received by the
			 administering body shall immediately be returned to the housing trust fund.
(C) When repayment of a grant,
			 loan, loan guarantee or loan subsidy funded with housing trust fund monies is a
			 condition of receipt of housing trust fund monies, all repayments received by
			 the administering body shall immediately be returned to the housing trust fund.
Effective:
				08/16/2009
R.C. 119.032 review dates: 05/18/2009 and 08/16/2014
Promulgated Under: 119.03
Statutory Authority:
				174.03(D)
Rule Amplifies: 174.01 - 174.07
Prior Effective
				Dates: 4/16/92 (Emer), 6/26/92, 12/16/04
Ohio Administrative Code › Title 122:7 - Tax Credit Authority › Chapter 122:7-1 - General Provisions › Section 122:7-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in rules 122:7-1-02 to  122:7-1-09 of  the Administrative Code:
(A)
								"Affiliated entities" means any person that (directly
			 or indirectly) owns or controls, is owned or controlled by, or is under common
			 ownership or control with, the taxpaper. For purposes of this definition, the
			 term "own" means to own an equity interest (or the equivalent thereof) of fifty
			 per cent or more.
(B)
								"Amendment" means any change to the terms and
			 conditions of a tax credit agreement following approval from the
			 authority.
(C) "Authority" means the tax credit authority created
			 pursuant to division (M) of section
			  122.17  of the Revised
			 Code.
(D) "Consumer price index" means the statistic
			 released by the United States department of labor, bureau of labor statistics.
(E) "Director" means the director of
			 development services agency of the state of
			 Ohio.
(F) "Disadvantaged person"
			 means a resident of Ohio who meets at least one of the following criteria:
(1) Is a person who is currently receiving
			 unemployment compensation or has not held a full-time job for at least the four
			 months immediately preceding the determination of disadvantaged person
			 status;
(2) Is certified as having
			 a disability by the state of Ohio's rehabilitation services commission or
			 bureau of workers' compensation, or who is determined to be disabled by the
			 United States social security administration;
(3) Is eligible for Workforce
			 Innovation and Opportunity Act program assistance;
			 or
(4) Is a person whose total
			 gross annual income is less than the annual equivalent of one hundred fifty per
			 cent of the federal minimum wage, or is part of a household of two or more
			 persons whose total gross annual income is less than the annual equivalent of
			 three hundred fifty per cent of the federal minimum wage.
Ohio Administrative Code › Title 122:7 - Tax Credit Authority › Chapter 122:7-1 - General Provisions › Section 122:7-1-02 - Meetings of the tax credit authority

Current through all regulations passed and filed through July 1, 2024
(A) The authority shall act only at a meeting
			 conducted in accordance with this rule.
Three members of the authority constitute a quorum to transact
				and vote on the business of the authority. No action shall be taken by the
				authority without the concurrence of a majority of the membership. "Roberts
				Rules of Order" shall govern the proceedings at all meetings.
(B) The  development services agency shall
			 provide the authority with an adequate meeting place, supplies, and staff
			 assistance, including an executive director.
(C) Regular meetings. Regular meetings of the
			 authority may be:
(1) Held in accordance with
			 a schedule adopted by the authority, without additional notice to
			 members;
(2) Scheduled at a
			 previous meeting of the authority; or
(3) Scheduled by the chairman or a majority
			 of the members of the authority at least seven days in advance of a meeting.
			 Upon request, the authority shall provide at least four
			 days'
			 notice of the time, place, and purpose of its regular meetings to any
			 person.
Ohio Administrative Code › Title 122:7 - Tax Credit Authority › Chapter 122:7-1 - General Provisions › Section 122:7-1-03 - Officers

Current through all regulations passed and filed through July 1, 2024
(A) Chairperson.
			 The director, or the director's designee, shall serve as chairperson of the
			 authority. After the authority has approved tax credits for a project, the
			 chairperson or a professional employee of the  development services agency to whom the chairperson has delegated
			 such authority shall execute all agreements with the business entities for tax
			 credits .
(B)
			 Vice-chairperson. The authority shall annually elect one of its members to
			 serve as vice-chairperson. In the absence of the chairperson or the
			 chairperson's designee, the vice-chairperson shall act as chairperson of the
			 authority. In the absence of the chairperson or the chairperson's designee and
			 the vice-chairperson, the members of the authority present at a meeting may
			 elect one of its members to chair the meeting.
Ohio Administrative Code › Title 122:7 - Tax Credit Authority › Chapter 122:7-1 - General Provisions › Section 122:7-1-05 - Eligibility requirements

Current through all regulations passed and filed through July 1, 2024
(A)
			 Except as otherwise provided in this rule, the authority may grant a tax credit
			 pursuant to section  122.17  of the Revised Code if
			 the authority determines the business entity's project satisfies all of the
			 following:
(1) The project satisfies the
			 requirements set forth in division (C) of section
			  122.17  of the Revised
			 Code;
(2) The taxpayer proposes as
			 a result of the project to do all of the following 
									by the metric evaluation
			 date :
(a) Create at least ten full-time equivalent
			 employees at the project location;
(b) Generate additional annual payroll at the
			 project location in an amount equal to or greater than one hundred seventy-five
			 per cent of the federal minimum wage at the time the authority approves the
			 project, multiplied by fifty-two thousand (which is the number of hours
			 twenty-five full-time equivalent employees would work in one year);
			 and
(c) Have an average hourly wage
			 rate of at least one hundred fifty per cent of the federal minimum wage
			 at the time the authority approves the project
			 for all new employment positions added as a result of the project.
(3) The project has received a letter of support from
			 the chief executive, or his or her designee, of the local political subdivision
			 or a regional development agency charged with promoting economic development
			 with jurisdiction over the project location, or in the
			 case of a project with a to-be-determined project location, will receive such
			 letter prior to the approval of the subsequently identified project
			 location.
Ohio Administrative Code › Title 122:7 - Tax Credit Authority › Chapter 122:7-1 - General Provisions › Section 122:7-1-06 - Tax credit per cent and term

Current through all regulations passed and filed through July 1, 2024
(A)
			 Except as otherwise provided in paragraph (E) of this rule, the authority shall
			 not grant a tax credit 
								in which the estimated value to the taxpayer
			 exceeds seventy five per cent of the estimated
			 excess income tax revenue to be received by the state.
(B)
			 Except as otherwise provided in paragraph (F) of this rule, the authority shall
			 not grant a tax credit that exceeds a term of ten years. The tax credit may be
			 claimed by the taxpayer only for the consecutive taxable years during the
			 term.
(C) The authority shall
			 consider the following factors in determining the tax credit percentage and
			 term to be granted to a taxpayer:
(1) The
			 number of full-time equivalent employees to be created;
(2) The average hourly wage rate, excluding
			 benefits, of the full-time equivalent employees to be created;
(3) The total fixed-asset investment amount
			 the taxpayer will make or cause to be made in the project;
(4) The number of full-time equivalent
			 employees to be retained at the project location;
(5) The economic condition of the county and
			 region of the state where the project is to be located;
(6) The specific percentage of disadvantaged
			 persons and minorities the taxpayer is agreeing to hire for the
			 project;
(7) The industry sector of
			 the project proposed for tax credit assistance;
(8) The amount of direct local financial
			 support committed to the project; and
(9) The amount of other financial assistance
			 to be provided by the state in support of the project.
Ohio Administrative Code › Title 122:7 - Tax Credit Authority › Chapter 122:7-1 - General Provisions › Section 122:7-1-08 - Remedies

Current through all regulations passed and filed through July 1, 2024
(A) In the event a
			 taxpayer fails to achieve the new full-time equivalent
			 employee number or annual payroll committed in the tax credit agreement
			 by the metric evaluation date set forth in the
			 tax credit agreement, or if the authority finds that the taxpayer has failed to
			 comply with any term or condition of the tax credit agreement and such failure
			 continues beyond any applicable cure period, the authority may, after providing
			 written notice, unilaterally and prospectively reduce the percentage and/or
			 term of the tax credit or immediately terminate the tax credit set forth in the
			 tax credit agreement, as set forth in division (E) of
			 section  122.17  of the Revised
			 Code.
(B) In the event a
			 taxpayer relocates employment positions in violation of division (D)(8) section
			  122.17  of the Revised Code
			  the authority may, after providing written notice,
			 unilaterally and prospectively reduce the
			 percentage
			 and/or term of the tax credit or
			 immediately terminate the tax credit set
			 forth in the tax credit agreement, as set forth in division (E) of section
			  122.17  of the Revised
			 Code.
(C) The authority
			 shall cause written notice to be given to the affected taxpayer of any proposed
			 action to reduce the percentage or term of the tax credit or to terminate the
			 tax credit agreement. Such notice shall be given at least thirty days prior to
			 the authority meeting at which the action is to be considered, and such notice
			 shall be effective if sent in accordance with the notice requirements of the
			 tax credit agreement.
(D) The
			 authority shall specify in any action reducing the percentage or term of a tax
			 credit or terminating a tax credit agreement the taxable year for which the
			 remedial action shall first be effective.
Ohio Administrative Code › Title 122:7 - Tax Credit Authority › Chapter 122:7-1 - General Provisions › Section 122:7-1-09 - Relocation of employees

Current through all regulations passed and filed through July 1, 2024
(A)
								A taxpayer that
			 relocates a substantial number of employment positions from other operations
			 
								elsewhere in the state , other
			 than the local jurisdiction of the project
			 location,
								 to the project location shall notify,
			 by certified mail, delivery confirmed courier or acknowledged personal
			 delivery, the legislative authority of the county(s), township(s) or
			 municipal corporation(s) from which the relocated employment positions are to
			 be moved prior to the relocation of such employment
			 positions. The taxpayer shall also concurrently send a copy of the notice
			 to the executive director. The notice shall contain the following information:
(1) The number of full-time equivalent
			 employees and employment positions that will be relocated;
(2) The payroll attributable to the relocated
			 employees and relocated employment positions;
(3) The business reason for the relocation of
			 employees or employment positions;
and
(4) The
			 location of the project location.