reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-75 - Emergency Response Lock Box Units › Section 3750-75-02 - Facilities subject to the emergency response lock box unit requirements

Current through all regulations passed and filed through July 1, 2024
(A) Any facility
			 where an extremely hazardous substance, hazardous chemical, or hazardous
			 substance is produced used or stored, whose owners or operators have entered
			 into agreement with the fire department of the political subdivision having
			 jurisdiction over the facility, for the placement and maintenance of an
			 emergency lock box unit, after the effective date of this rule shall do so in
			 compliance with the rules adopted under this chapter as set forth by division
			 (D) of section 3750.11 of the Revised Code.
(1) Emergency response lock box units
			 installed in agreement with a fire department of the political subdivision
			 having jurisdiction prior to the effective date of this rule shall be deemed to
			 be in compliance with the rules set forth under this chapter.
(2) For the purposes of rules 3750-75-02 to
			 3750-75-10
			 of the Administrative Code the fire department of the political subdivision
			 having jurisdiction shall include any public employee duly authorized, as
			 setforth in section 3750.16 of the Revised Code, by
			 the fire department to enforce Chapter 3737. of the Revised Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-75 - Emergency Response Lock Box Units › Section 3750-75-03 - Criteria for the construction of an emergency response lock box unit

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see the "Incorporation by
				Reference" section at the end rule
				3750-1-01.]
(A) All emergency response lock box
			 units shall be constructed to meet the following minimum criteria:
(1) Each emergency response lock box unit
			 shall have a minimum interior size of fourteen inches by twelve inches by two
			 inches, except as follows;
(a) Where the fire
			 department of the political subdivision having jurisdiction has agreed with the
			 owner(s) or operator(s) of the facility that a smaller emergency response lock
			 box unit will be large enough to permit the storage of all required documents
			 to be contained therein; or
(b)
			 Where the emergency response lock box unit must be larger to permit the storage
			 of all required documents to be stored there in.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-75 - Emergency Response Lock Box Units › Section 3750-75-04 - Emergency response lock box unit contents and maintenance

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see the "Incorporation by
				Reference" section at the end rule
				3750-1-01.]
(A) The emergency response lock box
			 unit shall contain the information set forth below as authorized by division
			 (B)(6)(a)(ii) of section
			 3750.02 of the Revised Code.
(1) A site plan showing the following:
(a) The information as set forth by rule
			 3750-30-20
			 of the Administrative Code which shows the location of chemicals produced, used
			 or stored at the facility.
(b) The
			 location of on-site emergency firefighting and spill clean up equipment, such
			 as but not limited to:
(i) Neutralizers.
(ii) Sorbent materials.
(iii) Hazardous chemical personal protective
			 equipment.
(iv) Fire extinguishers
			 and hydrants.
(c) The
			 location and sizes of the public and private water supply, including the
			 location of:
(i) Water mains.
(ii) Fire department connection thread size
			 and design.
Note: Paragraph (B)(6)(F 501.6 ) of rule
				1301:7-7-05
				of the Administrative Code requires that all threads provided for fire
				department connections shall be compatible with connections utilized by the
				local fire department.
(d) The locations of the sewer systems
			 servicing the facility, including:
(i)
			 Sanitary sewer drains connected to the publicly operated treatment works
			 system.
(ii) Storm sewer drains
			 connected to publicly operated collection systems, ditches, or waters of the
			 state.
(e) The fire
			 department of the political subdivision having jurisdiction may also request
			 that the site plan show:
(i) Electrical and
			 natural gas services,
(ii) Water
			 shut off locations,
(iii) Process
			 piping, and
(iv) Additional
			 mechanical features identified through pre-planning meetings.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-75 - Emergency Response Lock Box Units › Section 3750-75-05 - Conditions for the placement of, and access to an emergency lock box unit

Current through all regulations passed and filed through July 1, 2024
(A) To provide for
			 the safe location of an emergency response lock box unit during a release or
			 threatened release of an extremely hazardous substance, hazardous chemical, or
			 hazardous substance as required by division (B)(6)(a)(iii) of section
			 3750.02 of the Revised Code, the
			 following conditions shall be met.
(1) The
			 
									location selected for the placement of the emergency
			 response lock box 
									unit shall be approved by the fire department of
			 the political subdivision having jurisdiction, which to the extent possible
			 shall be consistent throughout the local emergency planning district.
(2) In selecting the
			 
									number and 
									location
			 for the placement of the emergency response lock box 
									unit, the
			 fire department of the political subdivision having jurisdiction, in
			 consultation with the facility operator, shall consider the following factors
			 that may affect safe and expedient access during a release or threatened
			 release of an extremely hazardous substance, hazardous chemical or hazardous
			 substance:
(a) The 
										type of
			 
										release that is  likely to occur.
(b) The 
										point of
			 entry that the emergency responders plan to use during a release or threatened
			 release.
(c)
			 Prevailing wind patterns would make access of the emergency response lock box
			 unit unsafe.
(d)
			 Whether more than one emergency response lock box unit is necessary to ensure
			 safe access due to facility size.
(3) A facility that voluntarily places an
			 emergency response lock box unit shall contact the fire department of the
			 political subdivision having jurisdiction to ensure placement that is
			 consistent within the emergency planning district.
In those local emergency planning
				districts where emergency response lock box unit placement has not been
				addressed by either the fire department of the political subdivision having
				jurisdiction or the local emergency planning committee, the owner or operator
				of the facility may contact the state emergency response commission for
				guidance.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-75 - Emergency Response Lock Box Units › Section 3750-75-07 - Application for issuance of a lock box order by a fire department

Current through all regulations passed and filed through July 1, 2024
(A) When the fire
			 department of the political subdivision having jurisdiction over the facility
			 is unable to reach an agreement with the owners and operators of a facility for
			 the placement and maintenance of an emergency lock box unit, the fire
			 department may apply through their local emergency planning committee for the
			 issuance of an order by the commission requiring the placement of an emergency
			 response lock box unit under division (D) of section
			 3750.11 of the Revised Code.
(B) The fire department of a
			 political subdivision applying for an order requiring the placement of lock box
			 under division (D) of section
			 3750.11 of the Revised Code
			 shall submit its application in writing to the local emergency planning
			 committee of the district in which the facility is located, that includes:
(1) A certified copy of documentation of the
			 refusal by the facility to place a lock box unit meeting the requirements of
			 rules
			 3750-75-02
			 to
			 3750-75-05
			 of the Administrative Code;
(2) A
			 signed statement from the fire department subdivision stating the basis for
			 requesting the issuance of an order requiring the placement of a lock box
			 unit(s) at the facility; and
(3)
			 Documents, sworn statements and other materials which support and address each
			 criteria listed in paragraphs (A) and (B) of rule
			 3750-75-10
			 of the Administrative Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-75 - Emergency Response Lock Box Units › Section 3750-75-08 - Application for issuance of lock box order by a local emergency planning committee

Current through all regulations passed and filed through July 1, 2024
(A) If, in the opinion of the local emergency
			 planning committee, the application for an order requesting the issuance of a
			 lock box order by the fire department of the political subdivision having
			 jurisdiction meets the criteria for issuance of an order established in rule
			 3750-75-10
			 of the Administrative Code. The local emergency planning committee shall,
			 within ninety days of the date on which the complete application for an order
			 was received from a fire department, meet to consider a resolution approving or
			 denying the request for the issuance of a lock box order.
(B) At least fourteen calendar days prior to
			 a meeting of the committee where the committee is to vote on an application
			 from a fire department for the issuance of a lock box order, a copy of the
			 proposed agenda shall be provided by the committee to the fire department and
			 the facility that would be subject to the order should it be granted. This
			 proposed agenda shall provide the location, date, and time of the Meeting.
(C) Any application for the
			 issuance of a lock box order that fails to provide sufficient information for
			 the committee to make the findings required by rule
			 3750-75-10
			 of the Administrative Code shall be considered incomplete. A fire department
			 that submits an incomplete application shall be notified in writing of the
			 nature of the deficiencies. No action shall be taken on an incomplete
			 application, until the deficiencies have been addressed.
(D) Any local emergency planning committee
			 approving to forward a fire department request for an order to install a lock
			 box unit to the commission for the issuance of an order requiring the
			 installation of an emergency response lock box unit under division (D) of
			 section 3750.11 of the Revised Code
			 shall submit to the commission the following:
(1) A certified copy of the resolution, which
			 shows that the application for the issuance of a lock box order was approved by
			 at least sixty per cent of the committee's members.
(2) A signed statement from the local
			 emergency planning committee stating the basis for forwarding the request for
			 the issuance of a lock box order.
(3) Copies of documents, sworn statements, or
			 other materials submitted by the fire department which support and address each
			 criterion set forth in paragraphs (A) and (B) of rule
			 3750-75-10
			 of the Administrative Code; and
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-75 - Emergency Response Lock Box Units › Section 3750-75-09 - Decision by emergency response commission regarding a lock box application from a local emergency planning committee

Current through all regulations passed and filed through July 1, 2024
(A) Fourteen days prior to a meeting where
			 commission will consider an application for the issuance of a lock box order,
			 the commission will provide a copy of the meeting agenda, return receipt
			 requested, to the facility, the applying fire department, and the forwarding
			 committee.
(B) The emergency
			 response commission shall vote to grant or deny the issuance of a lock box
			 order within two commission meetings at which a quorum of voting members is
			 present after the date on which a complete application for the issuance of a
			 lock box order is received.
(1) The
			 commission shall issue an order requiring the placement of the lock box when
			 sixty per cent or more of the voting members of the commission determine that
			 the application has met the criteria set forth in rule
			 3750-75-10
			 of the Administrative Code and have voted to approve the application.
(2) The commission shall issue an
			 order denying an application for the issuance of a lock box order if voting
			 members of the commission determine that the criteria set fourth in rule
			 3750-75-10
			 of the Administrative Code has not been met, and/or when less than sixty per
			 cent of the voting members of the commission vote to approve the application
			 for the issuance of an order requiring the placement of a lock box.
(3) If the commission determines that the
			 application, or information presented at the meeting, needs further evaluation,
			 then the commission may approve a motion to delay a vote on the application for
			 the issuance of a lock box order until its next regularly scheduled meeting.
(4) If the commission determines
			 that an application for the issuance of a lock box order is incomplete, the
			 commission shall notify the committee and fire department in writing within
			 sixty days of the nature of the deficiencies. No action shall be taken on an
			 incomplete application until the deficiencies have been addressed.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-75 - Emergency Response Lock Box Units › Section 3750-75-10 - Criteria for issuing an order requiring the placement of a lock box upon a request by a political subdivision

Current through all regulations passed and filed through July 1, 2024
(A) Before making or approving an application
			 for the issuance of a lock box order the following conditions shall be
			 demonstrated, using scientific evidence, generally accepted scientific
			 principals or laboratory tests:
(1) Extremely
			 hazardous substances, hazardous substances, or hazardous chemicals are
			 routinely or intermittently present at the facility which would be subject to
			 the order; and
(2) Extremely
			 hazardous substances, hazardous substances, or hazardous chemicals are present
			 at the facility in amounts equal to or exceeding the quantities for which
			 reporting is required under section
			 3750.05 or
			 3750.07 of the Revised Code and
			 rules adopted there under; and
(3)
			 Based upon generally accepted techniques of hazards analysis, a release of the
			 extremely hazardous substances, hazardous substances, or hazardous chemicals
			 present at the facility could pose a substantial risk of catastrophic injury
			 to:
(a) The public health or safety;
(b) The environment; or
(c) An extraordinary risk of injury to
			 emergency response personnel responding to a release of the extremely hazardous
			 substances, hazardous substances, or hazardous chemicals present at the
			 facility.
(4) The
			 placement of a lock box will reduce the risk of catastrophic injury to:
(a) The public health or safety;
(b) The environment; or
(c) Emergency response personnel responding
			 to a release of the extremely hazardous substances, hazardous substances, or
			 hazardous chemicals present at the facility.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-80 - Variances to Local Emergency Planning Committes › Section 3750-80-01 - Application for variance by local emergency planning committee

Current through all regulations passed and filed through July 1, 2024
(A) Any local
			 emergency planning committee applying for a variance under division (b) of
			 section 3750.11 of the Revised Code
			 shall submit its application in writing to the emergency response commission.
			 The local emergency planning committee shall include in its application:
(1) A certified copy of the resolution, rule,
			 or requirement which is the subject of the application for the variance;
(2) A signed statement from the
			 local emergency planning committee stating the basis for requesting the
			 variance; and
(3) Documents, sworn
			 statements or other materials which support and address each criterion set
			 forth in paragraphs (A) and (B) of rule
			 3750-80-02
			 of the Administrative Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-80 - Variances to Local Emergency Planning Committes › Section 3750-80-02 - Criteria for granting a variance to a local emergency planning committee

Current through all regulations passed and filed through July 1, 2024
(A) before
			 approving of an application for a variance, the commission shall find by a
			 preponderance of the scientific evidence based upon generally accepted
			 scientific principles or laboratory tests that:
(1) The extremely hazardous substances,
			 hazardous chemicals, or hazardous substances that would be subject to the
			 reporting requirement pose a substantial risk of catastrophic injury to public
			 health or safety or to the environment, or pose an extraordinary risk of injury
			 to emergency response personnel responding to a release of the chemicals or
			 substances, when the substances or chemicals are present at a facility in an
			 amount equal to or exceeding the quantity for which reporting would be required
			 under the reporting requirement for which the variance is sought; and
(2) The development and
			 implementation of a local emergency response plan for releases of the
			 substances or chemicals covered by the reporting requirement will reduce the
			 risk of catastrophic injury to public health or safety or to the environment,
			 or will reduce the extraordinary risk of injury to responding emergency
			 response personnel, in the event of a release of the substances or chemicals;
			 and
(3) The reporting requirement
			 is necessary for the development of such a local emergency response plan.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-80 - Variances to Local Emergency Planning Committes › Section 3750-80-03 - Decision by emergency response commission

Current through all regulations passed and filed through July 1, 2024
(A) The emergency response commission shall
			 vote to grant or deny the application for a variance within one hundred twenty
			 days of the date on which a completed application for a variance is received,
			 unless information is presented to the commission at the meeting which in the
			 judgement of the commission requires additional review and evaluation. If the
			 commission determines that the information presented at the meeting needs
			 further evaluation then the commission may approve a motion to delay a vote on
			 the application for a variance until its next regularly scheduled meeting.
(1) The commission shall issue an order
			 granting the variance when sixty per cent or more of the voting members of the
			 commission vote to approve the variance application.
(2) The commission shall issue an order
			 denying the variance when less than sixty per cent of the voting members of the
			 commission vote to approve the variance application.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-85 - Variances to Political Subdivision › Section 3750-85-01 - Application for variance by political subdivision

Current through all regulations passed and filed through July 1, 2024
(A) Any political subdivision applying for a
			 variance under division (C) of section
			 3750.11 of the Revised Code
			 shall submit its application in writing to the local emergency planning
			 committee of the district in which the political subdivision is located. The
			 political subdivision shall include in its application:
(1) A certified copy of the ordinance,
			 resolution, rule, or requirement which is the subject of the application for
			 the variance;
(2) A signed
			 statement from the political subdivision stating the basis for requesting the
			 variance; and
(3) Documents, sworn
			 statements and other materials which support and address each criteria listed
			 in criterion listed in paragraphs (A) and (B) of rule
			 3750-85-02
			 of the Administrative Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-85 - Variances to Political Subdivision › Section 3750-85-02 - Criteria for granting a variance to a political subdivision

Current through all regulations passed and filed through July 1, 2024
(A) Before
			 approving an application for a variance, the local emergency planning committee
			 shall find by a preponderance of the scientific evidence based upon generally
			 accepted scientific principles or laboratory tests that:
(1) The extremely hazardous substances,
			 hazardous chemicals, or hazardous substances that would be subject to the
			 reporting requirement pose a substantial risk of catastrophic injury to public
			 health or safety or to the environment, or pose an extraordinary risk of injury
			 to emergency response personnel responding to a release of the chemicals or
			 substances, when the substances or chemicals are present at a facility in an
			 amount equal to or exceeding the quantity for which reporting would be required
			 under the reporting requirement for which the variance is sought; and
(2) The development and
			 implementation of a local emergency response plan for releases of the
			 substances or chemicals covered by the reporting requirement will reduce the
			 risk of catastrophic injury to public health or safety or to the environment,
			 or will reduce the extraordinary risk of injury to responding emergency
			 response personnel, in the event of a release of the substances or chemicals;
			 and
(3) The reporting requirement
			 is necessary for the development of such a local emergency response plan.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-85 - Variances to Political Subdivision › Section 3750-85-03 - Decision by Local Emergency Planning Committee

Current through all regulations passed and filed through July 1, 2024
(A) If, in the opinion of the local emergency
			 planning committee, the ordinance, resolution, rule or requirement of the
			 political subdivision meets the criteria for issuance of a variance established
			 in rule
			 3750-85-02
			 of the Administrative Code and does not conflict with any resolution, rule or
			 requirement adopted by the local emergency planning committee, the committee
			 shall, within 120 days of the date on which the complete application for a
			 variance was received from a political subdivision, meet to pass a resolution
			 approving the request for the issuance of the variance. The committee shall
			 send a copy of its resolution, the political subdivision's variance
			 application, and the ordinance, resolution, rule or requirement to the
			 commission within sixty days of passage of the resolution approving issuance of
			 the political subdivision's application.
(B) The local emergency planning committee
			 shall not approve issuance of a variance unless at least sixty per cent of the
			 voting members of the committee vote to approve it.
(C) The commission shall review the
			 resolution, the political subdivision's variance application, and the
			 ordinance, resolution, rule or requirement in accordance with Chapter 3750-80
			 of the Administrative Code.
Five Year Review (FYR) Dates:
				03/30/2016 and
				03/30/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 3750.02(B)(2)(e)
Rule Amplifies: 3750.11(B) and (C)
Prior Effective
				Dates: 9/1/95
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-90 › Section 3750-90-01 - Applying for access to information

Current through all regulations passed and filed through July 1, 2024
Any person who seeks to review or
				obtain copies of information submitted to the emergency response commission or
				a local emergency planning committee shall submit a written request to the
				information coordinator of the commission or committee:
(A)
								Requests for
			 information.
(1)
									A person who requests to receive information submitted under
			 Chapter 3750. of the Revised Code by a facility owner or operator shall submit
			 a separate application for each facility for which information is being
			 requested and shall specify both the facility and address for which information
			 is being requested and the particular types of documents requested.
(2)
									An
			 officer or employee of the state or a political subdivision acting in an
			 official capacity may have access to tier II information by submitting a
			 written request to the commission or committee.
(3)
									An affected
			 community water system may have access to tier II information by submitting a
			 request to the commission or committee. Upon receipt of a request for tier II
			 information, the commission or committee shall make available such information
			 to the affected community water system.
The term "affected community water
				system" in this section means a community water system (as defined in section
				1401(15) of the Safe Drinking Water Act) that receives supplies of drinking
				water from a source water area, delineated under section 1453 of the Safe
				Drinking Water Act, in which a facility that is required to prepare and submit
				an inventory form under Chapter 3750-30 of the Administrative Code is
				located.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-01 - The commission, right to search

Current through all regulations passed and filed through July 1, 2024
(A) Members of the commission and its
			 representatives  have the right of
			 full and complete entry to any and all parts of the grounds and mutuel plants
			 of permit holders.
(B) The Ohio
			 state racing commission,
								 its representatives,
								 the state
			 steward or judge investigating for violations of
			 law or of the rules and regulations of the commission,
			  have the authority to permit persons
			 authorized by them to search certain persons and areas as follows:
(1) All persons licensed by the commission or
			 persons engaged in activities that need a license
			 by the commission when such persons are within the racetrack
			 premises or those who have gained access by special permission;
(2) Vendors licensed by the commission when
			 they are within the racetrack premises;
(3) Stables, rooms, vehicles and any other
			 place within the racetrack
			 premises used by those persons who may be searched pursuant to this
			 rule;
(4) Stables, rooms, and vehicles used or maintained by persons licensed
			 by the commission, and which are located in areas
			 outside of the racetrack premises where horses eligible to race at
			 the race meeting are stabled.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-02 - May engage auditor

Current through all regulations passed and filed through July 1, 2024
The commission may at any time engage auditors of its own choosing to examine
				the books and records of any permit holder. The cost of such audit when ordered
				by the commission will be borne by the commission.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-03 - Procedure for adoption of rules

Current through all regulations passed and filed through July 1, 2024
(A) A majority of the members of the Ohio
			 state racing commission will concur to adopt, amend, or rescind a rule. Any
			 member of the Ohio state racing commission may record
			 their
			 opposition to a proposed rule or amendment in the resolution adopting such
			 rule, rescission, or amendment.
(B)
			 A copy of each proposed rule, amendment, or rescission
			 will be
			 filed with the secretary of state, the director of the legislative service
			 commission, the joint committee on agency rule review and the office of small
			 business as provided by section
			 119.03 of the Revised Code, at
			 least thirty days prior to any public hearing on the proposed rule, rescission,
			 or amendment.
(C) Prior to the
			 proposed adoption, amendment or rescission of any rule by the Ohio state racing
			 commission, public notice 
								will be given at least thirty days prior to the
			 date set for the public hearing thereon, by advertising in the register of Ohio in accordance with
			 applicable state law.
(D) The
			 commission will furnish the public notice
			 needed under section
			 119.03 of the Revised Code and
			 as detailed by paragraph (A) of this rule to any person who requests notice in
			 writing and who supplies an addressed, stamped envelope and/or an electronic
			 address.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-04 - Public notice of commission meetings

Current through all regulations passed and filed through July 1, 2024
(A)
								The time and place of all regularly scheduled meetings or
			 special meetings of the Ohio state racing commission may be obtained
			 by:
(1)
									Written request
			 sent to the commission office; or
(2)
									Telephoning the commission  office during normal business
			 hours; or
(3) Checking the
			 commission's public website.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-05 - Jurisdiction

Current through all regulations passed and filed through July 1, 2024
All  racing in
				Ohio over which the commission has jurisdiction and supervision
				will be
				conducted under the rules and regulations which the commission has set forth
				for such racing. If any case occurs which is not provided for in the rules of
				the Ohio state racing commission, the matter will be
				determined by the stewards, judges, or
				 the commission as the case may
				be.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-06 - Commission rules supersede

Current through all regulations passed and filed through July 1, 2024
Except for Ohio sires stakes, Ohio
				Sired, Ohio-foaled, or Ohio accredited races where the conditions are approved
				by the commission, these rules and regulations or any other rule adopted by the
				commission supersede the conditions of a race or the regulations of a permit
				holder when they conflict.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-07 - Gifts forbidden

Current through all regulations passed and filed through July 1, 2024
No permit holder,
								member,
				officer, director, or employee
				of a permit holder
								will
				give or offer to any member, employee,
								 representative of the commission, or to any relative of any member, employee, or representative, any thing of value with intent to
				influence, or which may appear to be intended to influence the member,
				employee, or representative of the commission in
				the performance of 
								their official duties and
				responsibilities.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-08 - Applicants for permit to conduct a horse race meeting

Current through all regulations passed and filed through July 1, 2024
(A) Any person, group of persons,
			 association, corporation, or trust desiring to
			 hold or conduct a horseracing meeting, wherein the parimutuel system of
			 wagering is permitted,
								will make
			 application to the commission for a permit in the manner provided by section
			 3769.04 of the Revised
			 Code.
(B) In addition to the
			 requirements of that section, the application will state, or
			 there will be attached  the following information:
(1) The full names and address of the person,
			 persons, association, corporation, or trust
			 making application;
(2) If the
			 applicant is an association, the names and mailing addresses of all members of
			 the association;
(3) If the
			 applicant is a corporation, the name of the state where it is incorporated, the
			 location of its principal place of business and the names and mailing addresses
			 of all its directors and stockholders;
(4) If the applicant is a trust, the location
			 of its principal place of business, and the names and addresses of all its
			 trustees and beneficiaries;
(5) If
			 the applicant is a partnership, the names and mailing addresses of each
			 partner;
(6) If the applicant is a
			 limited partnership, the name, mailing addresses, and percentage of ownership
			 of each limited or general partner;
(7) The dates and exact location where the
			 applicant will conduct race meetings;
(8) The proposed hours of operation on each
			 racing day;
(9) A statement whether
			 or not the racing plant is owned or leased, and if leased, the name and home
			 address of the owner, or the names and home addresses of the directors if the
			 lessee is a corporation; and
(10)
			 Any other information the commission may need.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-09 - Application for racing dates

Current through all regulations passed and filed through July 1, 2024
(A)
			 Applications for permits for each succeeding year will be made in
			 writing to the secretary of the commission not later than August fifteenth. The
			 commission will meet as soon as practicable for the purpose of
			 acting on said applications. Permits issued will cover only
			 such dates as the commission grants. The applicant may file with its application a
			 brief setting forth reasons for desiring
			 the dates sought.
(B) Applications
			 for commercial permits are to be accompanied by a permit fee of ten dollars
			 and a registration charge of one thousand dollars. In the case of a county
			 agriculture society or independent agriculture society fair permit, a
			 registration charge of one hundred dollars has to accompany
			 each application. In addition, the applications will be
			 accompanied by cash, bond, bank draft, or certified check payable to the order
			 of "Ohio State Racing Commission" in an amount equal to one hundred dollars for
			 each day petitioned for in the application. Such deposit
			 will be
			 held by the commission for purpose provided for in section
			 3769.05 of the Revised
			 Code.
(C) Each applicant for a
			 commercial permit will, prior to the opening of its racing season,
			 request an inspection of the race track and receive a certificate from the
			 state fire marshal indicating the premises of the applicant are in compliance
			 with all of the safety requirements of the Ohio state racing
			 commission.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-10 - File list of officials

Current through all regulations passed and filed through July 1, 2024
(A) Each
			 applicant for a commercial permit will at the time
			 of making such application, or not less than
			 thirty days prior to the first day of the racing meeting for which a permit is
			 granted, file with the commission a listing of the names of each associate
			 steward, associate judge, identifier, starters,
			 racing secretary, assistant racing secretary,
			 handicapper, clerk of scales, clerk of course,
			 jockey room custodian, paddock judge, patrol judges, placing judges, track
			 veterinarian, track physician, mutuel manager, simulcast coordinator,
			 outrider, and director of security it proposes to
			 engage or employ during the racing meeting. In addition, the general manager of
			 each commercial track will submit
			 certification that each official listed is competent to hold that position. No
			 permit will be issued unless this list of officials is
			 approved by the commission. Any changes in officials during the race meeting
			 will be
			 reported promptly to the commission for approval.
(B) Before an individual is approved by the
			 commission to serve as a steward, theyhave to
			 demonstrate possession of the mental and physical qualifications to perform the
			 duties of
			 a steward or judge. In addition, the applicant needs to have
			 experience,
								 knowledge of the horse racing industry, and completed the appropriate training. The
			 commission may also consider a person's character, reputation, and temperament
			 prior to approval.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-11 - Permit to race

Current through all regulations passed and filed through July 1, 2024
(A) No permit
			 will be
			 issued under the provisions of the Ohio Revised Code to any person,
			 association, firm or corporation engaged in the conducting of horse racing on a
			 commercial basis solely with a view to profit unless and until such person,
			 association, firm or corporation has filed with the commission:
(1) A current accurate financial statement,
			 prepared and certified by an independent certified public accountant, stating
			 that all financial statements were made in accordance with generally accepted
			 auditing standards and, accordingly, included tests of the accounting records
			 and other auditing procedures as considered necessary. A statement
			 will
			 show the net worth of the applicant for such permit and indicate the applicant
			 can reasonably be expected to meet all financial obligations incurred in
			 conducting the racing meeting.
(2)
			 A statement as to when salaries, wages and purses that are or may be owed by
			 the applicant are due and payable.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-11.1 - Claims upon a surety bond

Current through all regulations passed and filed through July 1, 2024
(A) The
			 racing commission is the sole decision maker in determining if funds are
			 due an aggrieved party as defined in rule
			 3769-2-11 of the Administrative
			 Code. The racing commission may give the executive secretary authority to make
			 this decision pending ratification at the next regularly scheduled or special
			 meeting.
(B) The racing commission
			 will
			 gather any information it believes is necessary to determine (1) who an
			 aggrieved party is; (2) how much money is owed the aggrieved party; and (3) why
			 the money is owed to the aggrieved party.
(C) Once the racing commission determines how
			 much money, if any, an aggrieved party is due, the racing commission may
			 contact the permit holder in writing concerning the aggrieved party. The permit
			 holder may be given ten business days to make the aggrieved party whole.
			 Continuances may be granted at the discretion of the racing
			 commission.
(D) If the permit
			 holder fails to make the aggrieved party whole in the time frame prescribed by
			 the racing commission, the racing commission may submit a claim on the
			 bond.
(E) The racing commission
			 
								cannot submit a claim on a bond that expired more than
			 twelve months earlier.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-11.2 - Financial ability of permit holder

Current through all regulations passed and filed through July 1, 2024
(A) If, at any time regardless of the filing
			 of a bankruptcy petition, a permit holder finds themselves in a situation where
			 they are unable to make any payments or fulfill any financial obligations that
			 are mandated under the permit, including but not limited
			 to payments due to an aggrieved party as defined under paragraph (C) of rule
			 3769-2-11 of the Administrative
			 Code, the permit holder will immediately notify the racing commission in
			 writing of its situation.
(B) If,
			 in the racing commission's discretion the permit holder lacks the financial
			 ability to continue its day to day operations; threatens the integrity of
			 pari-mutuel wagering; threatens the health, safety or welfare of the public,
			 horse racing participants or other participants; and/or puts the wagering
			 public at risk, the racing commission will:
(1) Immediately suspend the permit holder's
			 permit until such time that the racing commission determines that the permit
			 holder has the financial ability to continue its day-to-day operations;
			 or
(2)
									The permit
			 holder has to:
(a) Have a person approved in advance by the
			 racing commission sign a guarantee of performance; or
(b) Set up a trust account, under terms and
			 conditions as approved by the racing commission, for the benefit of the Ohio
			 state racing commission for the benefit of aggrieved parties as defined by
			 paragraph (C) of rule
			 3769-2-11 of the Administrative
			 Code. The amount in such account is determined by the racing
			 commission; or
(c) Obtain a bond in
			 an amount prescribed by the racing commission, in favor of the Ohio state
			 racing commission as obligee, for the use and benefit of all aggrieved parties
			 as defined by paragraph (C) of rule
			 3769-2-11 of the Administrative
			 Code. This bond may be in addition to any bond provided in accordance with
			 paragraph (B) of rule
			 3769-2-11 of the Administrative
			 Code.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-12 - Permits, agriculture societies, totalizator licenses

Current through all regulations passed and filed through July 1, 2024
(A) The commission may grant a permit to
			 county or independent agricultural society, as defined by law, to conduct a
			 parimutuel horse racing meeting during its annual fair, provided the dates of
			 the fair have been approved by the Ohio director of agriculture.
(B) An application for a permit
			 will be
			 made by each agricultural society on a form as the commission
			 prescribes. The agricultural society
			 is
			 charged with the same duties and responsibilities as are commercial permit
			 holders with respect to observance and enforcement of the Revised Code,
			 Horse Racing Act, the rules of racing, and any
			 orders issued by the commission under
			 penalties provided for in rule
			 3769-2-99 of the Administrative
			 Code.
(C) No totalizator company
			 may conduct parimutuel wagering during a fair until it has been licensed by the
			 commission. Applications for licenses will be made on
			 a form prepared by the commission, and will be
			 accompanied by the  fee contained
			 in rule 3769-2-24 of the Administrative
			 Code. The
			 application will include, but 
								is not be
			 limited to the following:
(1) A copy of the contract between each
			 county or independent agricultural society and the totalizator company that
			 will conduct parimutuel wagering during the fair.
(2) A balance sheet setting forth the
			 applicant's current net worth verified in writing under oath by the chief
			 operating officer of the applicant.
(3) The wagering formats available for each
			 race.
(4) A statement describing in
			 detail the type of totalizator equipment to be used in conducting parimutuel
			 wagering at the fair. This statement has to include a
			 description of the program capabilities of the equipment and its ability to
			 generate any necessary calculations referred to in Chapter 3769-3 of the
			 Administrative Code.
(5) Any such
			 other information as the commission may request.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-13 - Place, time and number of races

Current through all regulations passed and filed through July 1, 2024
The permit will set forth the name of the permit holder, the
				place where the races or race meetings are to be held, the days and time during
				which racing may be conducted by said permit holder, and the number of
				parimutuel wagering races to be held daily, not to exceed eleven. Any such
				permit issued 
								is not 
				transferable or assignable. Upon application the commission may grant special
				permission for parimutuel wagering races in excess of eleven per day, and may
				grant special permission for race cards lost because of inclement weather or
				other emergencies to be made up on subsequent dates at the rate of one race per
				date or any additional dates within the limitations of section
				3769.07 of the Revised Code. The
				permit holder has to immediately notify the commission of
				cancellations of race cards or races for any reason. This rule applies to
				commercial tracks and not to county or independent fairs.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-14 - Permit holders enforcement obligations

Current through all regulations passed and filed through July 1, 2024
(A) It is the duty of each and every permit
			 holder 
								as well
			 as the officers, directors, officials, and
			 employees of the permit holder to observe and enforce the
			 provisions of the Ohio Revised Code, the rules of racing and such orders and
			 regulations as may from time to time be issued by the commission. Every permit
			 to hold a race meeting is granted upon the express condition that the permit
			 holder  named accepts and agrees to
			 observe and enforce the provisions of the Ohio Revised Code, the rules of
			 racing, and such orders and regulations as may
			 from time to time be issued by the commission.
(B) The permit holder
			 will
			 employ a person to only one official position. In case of an emergency a person
			 may hold more than one official position if approved by the commission. The
			 commission's approval will not last for more than thirty days. For the purposes
			 of this rule, the following are considered an official: stewards,
			 judges, race secretary, assistant race secretary,
			 starter, assistant starters, state veterinarian, track veterinarian,
			 veterinarian assistants, identifier, clerk of scales, jockey room custodian,
			 clerk of the course, paddock judge, placing
			 judges, mutuel manger, outrider, director of security, blacksmith, and valet.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-15 - Post permit

Current through all regulations passed and filed through July 1, 2024
Every permit holder will post
				the permit granted by the commission in a
				prominent place in the principal office at
				the race track during the horseracing meeting.
								
								The permit shall be available to be observed at
				all reasonable times to any authorized person requesting to see it.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-2 - Administrative Rules › Section 3769-2-16 - Security

Current through all regulations passed and filed through July 1, 2024
(A) A permit holder
			 will
			 ensure that the public areas of the permit grounds are designed and maintained
			 for the comfort and safety of the patrons and licensees and are accessible to
			 all persons with disabilities as required by federal law.
(B) A permit holder conducting a race meeting
			 will
			 maintain security controls over its premises. Security controls are subject to
			 the approval of the commission.
(C)
			 On request by the commission, a permit holder will provide a
			 list of the security personnel, including the name, qualifications, training,
			 duties, duty station, and area supervised by each
			  person.