reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4733 - State Board of Registration for Professional Engineers and Surveyors › Chapter 4733-38 - Standards For Mortgage Location Surveys › Section 4733-38-01 - Preamble

Current through all regulations passed and filed through July 1, 2024
These standards are intended to be the minimum requirements for
				mortgage location surveys in the state of Ohio.
A "mortgage location survey" shall be defined as an
				instrumentality, common to the mortgage lending industry, whereby substantial
				proof is submitted to the mortgage lender and/or title insuror that the
				building(s) and/or other improvements are actually located on the land covered
				by the legal description in the mortgage and that said mortgage location survey
				is a professional service provided by professional surveyors solely for the
				intent of and use by the mortgagee and/or title insuror. The mortgage location
				survey does not constitute an improvement to the property, and is only a
				professional opinion which these parties may use as a guide to arrive at any
				decisions they may wish to make concerning said real property.
R.C.
				119.032 review dates:
				05/09/2014 and
				05/09/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 4733.07
Rule
				Amplifies: 4733.20
Prior
				Effective Dates: 02/15/1990
Ohio Administrative Code › Title 4733 - State Board of Registration for Professional Engineers and Surveyors › Chapter 4733-38 - Standards For Mortgage Location Surveys › Section 4733-38-02 - Research and investigation

Current through all regulations passed and filed through July 1, 2024
(A) The professional surveyor shall use the
			 description furnished by the client to perform the mortgage location survey. If
			 the professional surveyor determines the description to contain apparent
			 incompleteness or insufficiencies, the professional surveyor shall so advise
			 the client.
(B) After all
			 necessary written documents, as furnished by the client, have been analyzed,
			 the survey shall be based on a field investigation of the property. The
			 professional surveyor shall make a thorough search for physical monuments and
			 analyze evidence of occupation.
R.C.
				119.032 review dates:
				05/09/2014 and
				05/09/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 4733.07
Rule
				Amplifies: 4733.20
Prior
				Effective Dates: 02/15/1990
Ohio Administrative Code › Title 4733 - State Board of Registration for Professional Engineers and Surveyors › Chapter 4733-38 - Standards For Mortgage Location Surveys › Section 4733-38-03 - Monumentation

Current through all regulations passed and filed through July 1, 2024
The professional surveyor need not set boundary monumentation
				under the provision herein unless the client requests boundary monumentation be
				set. If requested to set boundary monumentation, the professional surveyor
				shall conform to all provisions of rule
				4733-37-03 of the
				Administrative Code.
R.C.
				119.032 review dates:
				05/09/2014 and
				05/09/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 4733.07
Rule
				Amplifies: 4733.20
Prior
				Effective Dates: 05/15/1990
Ohio Administrative Code › Title 4733 - State Board of Registration for Professional Engineers and Surveyors › Chapter 4733-38 - Standards For Mortgage Location Surveys › Section 4733-38-04 - Measurement specifications

Current through all regulations passed and filed through July 1, 2024
All measurements shall be made in accordance with the following
				specifications:
(A) The professional
			 surveyor shall keep his equipment in such repair and adjustment as to conform
			 to the provisions of paragraph (A) of rule
			 4733-37-04
			 of the Administrative Code.
(B)
			 Every measurement of distance shall be made either directly or indirectly in
			 such a manner that the linear error in the reported distance shall not exceed:
(1) Two-tenths of a foot for major
			 improvements [see paragraph (G) of rule
			 4733-38-05
			 of the Administrative Code].
(2)
			 One-half of a foot for major improvement location [see paragraph (J) of rule
			 4733-38-05
			 of the Administrative Code].
When a case arises wherein a greater linear error will not
				create ambiguity of locations (i.e., tracts where the improvements are located
				substantial distances from boundaries), then the professional surveyor may use
				a greater linear error, provided the tolerance is clearly indicated on the
				survey plat (e.g., 500 feet +/- 5 feet).
Ohio Administrative Code › Title 4733 - State Board of Registration for Professional Engineers and Surveyors › Chapter 4733-38 - Standards For Mortgage Location Surveys › Section 4733-38-05 - Mortgage location survey plat

Current through all regulations passed and filed through July 1, 2024
The professional surveyor shall include the following
				information on the mortgage location survey plat.
(A) A title such that the general location of
			 the survey can be identified.
(B)
			 A north arrow.
(C) The boundary
			 lines as cited in the legal description, including pertinent references
			 therein.
(D) The written and
			 graphical scale of the drawing.
(E) The date of survey.
(F) The professional surveyor's name,
			 registration number, signature, and seal in accordance with paragraph (C)(10)
			 of rule
			 4733-37-05 of the
			 Administrative Code.
(G) Major
			 improvements (permanent structures) shall be shown with dimensions and
			 description (e.g., residence, garages, outbuildings with foundation, in-ground
			 pools, and the like).
(H) Easement
			 limits and building set-back lines as indicated on the recorded plat or as
			 supplied by the client.
(I)
			 Visible utility facilities requiring an easement and located outside known
			 easements, crossing the subject property and serving others, such as, though
			 not limited to: pole lines, manholes, inlets and pedestals and the like.
(J) Major improvement locations
			 shall be shown with dimensions to the nearest property lines, with a minimum of
			 two dimensions shown, and shall be sufficient to locate the structure (offsets
			 shall be shown perpendicular to straight property lines and radially to curved
			 property lines).
(K) Apparent
			 encroachments shall be noted and shown in an obvious manner.
(L) The address posted on the building(s), if
			 available.
(M) Observed problems
			 of ingress and egress and joint drive.
(N) Fences or other evidence of possession
			 when not in substantial conformance with the legal description.
(O) A statement shall appear on the plat
			 indicating that the survey is a mortgage location survey prepared in accordance
			 with Chapter 4733-38 of the Administrative Code, and is not a boundary survey
			 pursuant to Chapter 4733-37 of the Administrative Code.
(P) Number each page showing individual page
			 numbers along with number of pages.
R.C.
				119.032 review dates:
				05/09/2014 and
				05/09/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 4733.07
Rule
				Amplifies: 4733.20
Prior
				Effective Dates: 05/15/1990
Ohio Administrative Code › Title 4733 - State Board of Registration for Professional Engineers and Surveyors › Chapter 4733-39 - Certificate of Authorization › Section 4733-39-01 - Preamble

Current through all regulations passed and filed through July 1, 2024
Pursuant to section
				4733.16 of the Revised Code,
				these rules shall be implemented to define the filing requirements for a firm,
				partnership, association, limited liability company or corporation to obtain a
				"Certificate of Authorization" to practice professional engineering and/or
				professional surveying in the state of Ohio.
R.C.
				119.032 review dates:
				05/09/2014 and
				05/09/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 4733.07
Rule
				Amplifies: 4733.16
Prior
				Effective Dates: 03/03/1983, 04/15/1983, 04/15/1985, 05/01/1995,
				11/01/2003
Ohio Administrative Code › Title 4733 - State Board of Registration for Professional Engineers and Surveyors › Chapter 4733-39 - Certificate of Authorization › Section 4733-39-02 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this rule:
(A)
								"Responsible charge" means being in
			 control of, accountable for and in either direct or indirect supervision of the
			 engineering and/or surveying activities of the business enterprise.
(B)
								"Fulltime" as stated in division (D) of section
			 4733.16 of the Revised Code
			 means working more than thirty hours per week or working substantially all the
			 engineering or surveying hours for a firm, partnership, association, limited
			 liability company or corporation that holds a certificate of
			 authorization.
(C)
								"Corporation" or "domestic corporation" means a
			 corporation for profit formed under the laws of this state as defined in
			 section 1701.01 of the Revised Code or
			 "foreign
			 corporation"
			 as defined by division (B) of section
			 1703.01 of the Revised Code
			 which has obtained a license from the secretary of state of Ohio and has
			 complied with all the provisions of Chapter 1703. of the Revised
			 Code.
(D)
								"Partnership" means an association of two or more persons to
			 carry on as co-owners of a business for profit as defined in section
			 1775.05 of the Revised
			 Code.
(E)
								"Limited
			 partnership"
			 is a partnership formed by two or more persons under the provisions of section
			 
									1782.02
								 of the Revised
			 Code, having as members one or more general partners and one or more limited
			 partners. The limited partners as such shall not be bound by obligation of the
			 partnership as defined in section 
									1782.01
								 of the Revised
			 Code.
(F)
								"Limited
			 partnership association" means when any number of persons, not less than
			 three nor more than twenty-five form a limited partnership association as
			 defined by Chapter 1783. of the Revised Code.
(G)
								"Professional association" means any
			 association organized under sections
			 1785.01 to
			 1785.08 of the Revised Code, for
			 the sole purpose of rendering one of the professional services authorized under
			 Chapters 4703. and 4733. of the Revised Code.
(H)
								"Limited liability company" means any
			 company organized under Chapter 1705. of the Revised Code.
Effective: 11/30/2014
Five Year
				Review (FYR) Dates: 09/04/2014 and
				11/30/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 4733.07
Rule
				Amplifies: 4733.16
Prior
				Effective Dates: 04/15/1983, 05/01/1995,
				11/24/2008
Ohio Administrative Code › Title 4733 - State Board of Registration for Professional Engineers and Surveyors › Chapter 4733-39 - Certificate of Authorization › Section 4733-39-03 - Applications and filing requirements

Current through all regulations passed and filed through July 1, 2024
(A) Under provisions of section
			 1701.03
			 of the Revised Code, a corporation formed under Chapter 1701. of the Revised
			 Code after November 14, 1982 may offer architectural, landscape architectural,
			 professional engineering or professional surveying services or any combination
			 thereof provided these corporations file with the appropriate board and meet
			 the requirements of each board or filing and procuring a "Certificate of
			 Authorization" in accordance with Chapters 4703. and 4733. of the Revised
			 Code.
(B) Any firm, partnership,
			 association, limited liability company or corporation which holds a
			 "Certificate of Authorization" under these rules and which otherwise meets the
			 requirements of Chapter 4733. of the Revised Code may be organized for any
			 purposes for which business enterprises may be organized under Chapters 1701.,
			 1705., 1775., 1782., 1783. and 1785. of the Revised Code and shall not be
			 limited to the purposes of providing professional engineering, surveying,
			 architectural, or landscape architectural services or any combination
			 thereof.
(C) If all requirements of
			 this rule are met, the board may issue a "Certificate of Authorization" to the
			 firm, partnership, association, limited liability company or corporation. Forms
			 for initial application will be provided by the board. This "Certificate of
			 Authorization" must be renewed 
								biennially.
Ohio Administrative Code › Title 4733 - State Board of Registration for Professional Engineers and Surveyors › Chapter 4733-39 - Certificate of Authorization › Section 4733-39-04 - Biennial renewal filing

Current through all regulations passed and filed through July 1, 2024
(A) Under provisions of section
			 4733.16
			 of the Revised Code, each firm, partnership, association, limited liability
			 company or corporation holding a "Certificate of Authorization" shall
			 
								biennially file no later than June thirtieth with the
			 board on forms provided by this board, the name and address of each owner and
			 the name and address of all persons designated as being in responsible charge
			 of the professional engineering and/or professional surveying activities and
			 decisions, who must be registered in Ohio as appropriate.
(B)
								The state board
			 of registration for professional engineers and surveyors may issue a temporary
			 certificate of authorization for a firm that has filed an application with the
			 board and has paid the required fee. The temporary certificate of authorization
			 shall continue only for the time the board requires for considerartion of the
			 certificate of authorization application, provided the firm is legally
			 qualified to offer and provide engineering or surveying services in
			 Ohio.
(C) If there is any
			 change in any of the above between intervals of filing, the change will be
			 filed with the board by notarized letter within ninety days of the
			 change.
(D) If all the requirements
			 of this rule are met, this board shall issue a renewal "Certificate of
			 Authorization" to the firm, partnership association or corporation for the
			 ensuing 
								renewal period upon application and payment of
			 the appropriate fee.
(E) The
			 biennial renewal of the "Certificate of Authorization" will be issued by the
			 board within thirty days after the approval of the renewal
			 application.
(F) The "Certificate
			 of Authorization" for all firms, partnerships, associations, limited liability
			 companies or corporations whose biennial
								 renewal filing is not received by
			 the close of business on June thirtieth will expire and be invalid. The
			 "Certificate of Authorization" for all firms, partnerships, associations,
			 limited liability companies or corporations which have expired may be renewed
			 within twelve months of the expiration date. The delinquent fee established by
			 rule
			 4733-39-06 of the
			 Administrative Code, which shall be fifty per cent greater than the
			  renewal fee, must be paid to the
			 board. The requirements of paragraph (A) of this rule must also be met. If a
			 "Certificate of Authorization" is not renewed within twelve months from the
			 expiration date, the said firm, partnership, association, limited liability
			 company or corporation must make application for a new "Certificate of
			 Authorization" in accordance with the requirements of rule
			 4733-39-03
			 of the Administrative Code and pay the appropriate fee.
Ohio Administrative Code › Title 4733 - State Board of Registration for Professional Engineers and Surveyors › Chapter 4733-39 - Certificate of Authorization › Section 4733-39-05 - Certificate of authorization

Current through all regulations passed and filed through July 1, 2024
(A) A "Certificate of Authorization" shall be
			 issued by this board to all firms, partnerships, associations, limited
			 liability companies or corporations which meet the requirements of Chapter
			 4733. of the Revised Code and pay the appropriate fee.
(B)
								The state board
			 of registration for professional engineers and surveyors may issue a temporary
			 certificate of authorization for a firm that has filed an application with the
			 board and has paid the required fee. The temporary certificate of authorization
			 shall continue only for the time the board requires for consideration of the
			 certificate of authorization application, provided the firm is legally
			 qualified to offer and provide engineering or surveying in
			 Ohio.
(C) If there is any
			 change in the identity of any of the persons designated as being in responsible
			 charge of the professional engineering or professional surveying activities and
			 decisions of an entity holding a "Certificate of Authorization" under Chapter
			 4733. of the Revised Code, the board shall be notified per rule
			 4733-39-04
			 of the Administrative Code.
(D) A
			 new "Certificate of Authorization" shall be required in the following
			 situations:
(1) Upon the change of the name
			 of any corporation, partnership, limited liability company or professional
			 association holding a "Certificate of Authorization" performing engineering or
			 surveying services in this state.
(2) Upon the failure of any holders of a
			 "Certificate of Authorization" to renew the "Certificate of Authorization"
			 within twelve months of the expiration date.
Ohio Administrative Code › Title 4733 - State Board of Registration for Professional Engineers and Surveyors › Chapter 4733-39 - Certificate of Authorization › Section 4733-39-06 - Fees

Current through all regulations passed and filed through July 1, 2024
(A) The
			 application, 
								biennial renewal, reapplication, delinquent, or
			 duplicate certificate fee must accompany the "Certificate of
			 Authorization" request in the amount shown below:
Application fee
$ 50.00
Biennial renewal fee
$ 50.00
Delinquent fee (within twelve months of
							 expiration)
$ 75.00
Reapplication fee (beyond twelve months of
							 expiration)
$ 50.00
Duplicate certificate fee
$ 5.00
(B)
			 All checks shall be made payable to "Treasurer, State of Ohio" and submitted
			 to the board office.
(C) If a
			 business enterprise is not eligible to receive a "Certificate of
			 Authorization" the fee will be retained to cover the cost of
			 processing.
Effective:
				8/1/2014
R.C.
				119.032 review dates:
				05/09/2014 and
				08/01/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 4733.07
Rule
				Amplifies: 4733.15
Prior
				Effective Dates: 04/15/1983,
				04/15/1985
Ohio Administrative Code › Title 4733 - State Board of Registration for Professional Engineers and Surveyors › Chapter 4733-39 - Certificate of Authorization › Section 4733-39-07 - Exemptions

Current through all regulations passed and filed through July 1, 2024
Corporations which were granted a charter prior to August 7,
				1943, to engage in providing engineering and/or surveying services, or were
				otherwise lawfully providing engineering and/or surveying services prior to
				November 15, 1982 are exempt from the requirements of these rules. Professional
				associations which comply with Chapter 1785. of the Revised Code and were
				incorporated prior to November 15, 1982 are also exempted.
R.C.
				119.032 review dates:
				05/09/2014 and
				05/09/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 4733.07
Rule
				Amplifies: 4733.15
Prior
				Effective Dates: 04/15/1983,
				04/15/1985
Ohio Administrative Code › Title 4733 - State Board of Registration for Professional Engineers and Surveyors › Chapter 4733-40 - Accessing Confidential Information › Section 4733-40-02 - Procedures for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
For personal information systems,
				whether manual or computer systems, that contain confidential personal
				information, the board shall do the following:
(A)
								 Criteria for
			 accessing confidential personal information. Personal information systems of
			 the board are managed on a "need-to-know" basis whereby the information owner
			 determines the level of access required for an employee of the board to fulfill
			 his/her job duties. The determination of access to confidential personal
			 information shall be approved by the employee's supervisor and the information
			 owner prior to providing the employee with access to confidential personal
			 information within a personal information system. The board shall establish
			 procedures for determining a revision to an employee's access to confidential
			 personal information upon a change to that employee's job duties including, but
			 not limited to, transfer or termination. Whenever an employee's job duties no
			 longer require access to confidential personal information in a personal
			 information system, the employee's access to confidential personal information
			 shall be removed.
(B)
								 Individual's request for a list of confidential
			 personal information. Upon the signed written request of any individual for a
			 list of confidential personal information about the individual maintained by
			 the board, the board shall do all of the following:
(1)
									 Verify the
			 identity of the individual by a method that provides safeguards commensurate
			 with the risk associated with the confidential personal information;
(2)
									
			 Provide to the individual the list of confidential personal information that
			 does not relate to an investigation about the individual or is otherwise not
			 excluded from the scope of Chapter 1347. of the Revised Code; and
(3)
									 If
			 all information relates to an investigation about that individual, inform the
			 individual that the board has no confidential personal information about the
			 individual that is responsive to the individual's request.
Ohio Administrative Code › Title 4733 - State Board of Registration for Professional Engineers and Surveyors › Chapter 4733-40 - Accessing Confidential Information › Section 4733-40-03 - Valid reasons for accessing confidential information

Current through all regulations passed and filed through July 1, 2024
Pursuant to the requirements of
				division (B)(2) of section
				1347.15 of the Revised Code,
				this rule contains a list of valid reasons, directly related to the board's
				exercise of its powers or duties, for which only employees of the board may
				access confidential personal information (CPI) regardless of whether the
				personal information system is a manual system or computer system:
(A)
								
			 Performing the following functions constitute valid reasons for authorized
			 employees of the board to access confidential personal information:
(1)
									 Responding to a
			 public records request;
(2)
									 Responding to a request from an individual for the
			 list of CPI the agency maintains on that individual;
(3)
									 Administering a
			 constitutional provision or duty;
(4)
									 Administering a
			 statutory provision or duty;
(5)
									 Administering an
			 administrative rule provision or duty;
(6)
									 Complying with
			 any state or federal program requirements;
(7)
									 Processing or
			 payment of claims or otherwise administering a program with individual
			 participants or beneficiaries;
(8)
									 Auditing
			 purposes;
(9)
									 Licensure [permit, eligibility, filing,
			 etc.]processes;
(10)
									 Investigation or law enforcement purposes;
(11)
									
			 Administrative hearings;
(12)
									 Litigation,
			 complying with an order of the court, or subpoena;
(13)
									 Human resource
			 matters (e.g., hiring, promotion, demotion, discharge, salary/compensation
			 issues, leave requests/issues, time card approval/issues);
(14)
									 Complying with
			 an executive order or policy;
(15)
									 Complying with
			 an agency policy or a state administrative policy issued by the department of
			 administrative services, the office of budget and management or other similar
			 state agency; or
(16)
									 Complying with a collective bargaining agreement
			 provision.
Ohio Administrative Code › Title 4733 - State Board of Registration for Professional Engineers and Surveyors › Chapter 4733-40 - Accessing Confidential Information › Section 4733-40-04 - Confidentiality statements

Current through all regulations passed and filed through July 1, 2024
The following federal statutes or regulations or state statutes
				and administrative rules make personal information maintained by the agency
				confidential and identify the confidential personal information within the
				scope of rules promulgated by this board in accordance with section
				1347.15 of the Revised
				Code:
(A) Social security numbers:
			 pursuant to (
			 5
			 U.S.C. 552 aof
			 02/01/2010), unless the individual was told that the number would be
			 disclosed.
(B) Education records
			 pursuant to the Family Educational Right to Privacy Act (FERPA).
(C) Confidential law enforcement
			 investigatory records pursuant to section
			 149.43 of the Revised
			 Code.
Effective: 11/30/2014
Five Year
				Review (FYR) Dates: 09/04/2014 and
				11/30/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 4733.07
Rule
				Amplifies: 1347.15
Prior
				Effective Dates: 09/08/2010
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-1 - General Provisions › Section 4734-1-01 - Rulemaking and review of existing rules

Current through all regulations passed and filed through July 1, 2024
(A)
								The board shall
			 comply with the provisions of section
			 119.03 of the Revised Code for
			 the adoption, amendment or rescission of any rule.
(B)
								The board shall
			 comply with the provisions of section
			 106.03 of the Revised Code for
			 the review of existing rules.
(C)
								In accordance
			 with section 119.0311 of the Revised Code,
			 the board shall publish a guide to public participation in rule-making and
			 review of existing rules. The guide shall be published in the register of Ohio
			 and on the board's website, and a copy provided to any person upon
			 request.
Replaces: 4734-2-01, 4734-2-02, 4734-2-03
Effective:
				10/1/2017
Five Year Review (FYR) Dates:
				10/01/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4734.10
Rule
				Amplifies: 119.03,
				119.0311,
				106.03
Prior
				Effective Dates: 3/23/76, 8/4/89, 8/12/02,
				12/1/12
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-1 - General Provisions › Section 4734-1-02 - Public notice of meetings

Current through all regulations passed and filed through July 1, 2024
(A)
								The board shall
			 comply with the public meeting requirements outlined in section
			 121.22 of the Revised
			 Code.
(B)
								Notification of regular, special and emergency meetings
			 of the board shall be posted on the board's website and shall specify the date,
			 time, and place of the meeting. Notification of special meetings shall also
			 include the purpose of the meeting and shall not be held unless at least
			 twenty-four hours advance notice has been given to all media outlets that have
			 requested such notification.
(C)
								The board may
			 hold an emergency meeting when a situation requires immediate official action.
			 The board shall immediately notify all media outlets that have specifically
			 requested such notice of the time, place and purpose for the
			 meeting.
(D)
								Any person may determine the time and place of all
			 regularly scheduled meetings and the time, place and purpose of all special
			 meetings by writing or calling the board at its business office or by visiting
			 the board's website. Any person may request advance notification of all
			 meetings at which any specific type of public business is to be discussed.
			 Notification shall be made via electronic or regular mail.
Effective:
				10/1/2017
Five Year Review (FYR) Dates:
				10/01/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4734.10
Rule
				Amplifies: 4734.04,
				4734.05,
				121.22
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-1 - General Provisions › Section 4734-1-09 - Organizational memberships

Current through all regulations passed and filed through July 1, 2024
(A) Memberships. The board
			 shall hold
			 membership in the  "Federation
			 of Chiropractic Licensing Boards," (hereinafter the "FCLB")
			 in accordance with section
			 4734.08 of the Revised
			 Code. The board may participate in the governance of the "National Board
			 of Chiropractic Examiners," (hereinafter "NBCE") . The
			 board may join or participate in other groups, associations, or organizations
			 which are consistent with its mission.
(B) Participation. The board may participate
			  in
			  activities and programs of the "FCLB",
			 "NBCE" and other groups, associations, or
			 organizations . The board's
			 participation may include its members, selected staff members and other board
			 representatives. The board's participation in affiliated organizations shall be
			 subject to budgetary and logistical constraints.
(C) Delegates. The board members shall
			 designate one member to serve as a delegate and one member to serve as an
			 alternate delegate for purposes of voting on behalf of the board at meetings of
			 the "FCLB" and/or the "NBCE." Said designation shall be made by a majority
			 decision of the board. Board members shall disclose any conflicts of interest
			 prior to voting.
(D) Voting. Board
			 members that vote as a delegate to the "FCLB" and/or the "NBCE" shall vote
			 accordingly: Issues that are slated to be voted upon at said meeting shall be
			 placed on the board's agenda prior to the respective  meeting for a majority decision. The
			 board decision shall be deemed unalterable by a voting delegate, but would
			 remain modifiable to the attending majority.
Effective:
				10/1/2017
Five Year Review (FYR) Dates:
				6/30/2017 and
				10/01/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4734.10
Rule
				Amplifies: 4734.08,
				4734.09
Prior
				Effective Dates: 1/10/2003, 8/1/07
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-1 - General Provisions › Section 4734-1-15 - Scope of practice

Current through all regulations passed and filed through July 1, 2024
(A)
								 In the conduct
			 of the practice of chiropractic no chiropractic physician shall perform any
			 service that is beyond the scope of his or her education, training, and
			 experience.
(B)
								 The practice of chiropractic will include and permit
			 the use of such diagnostic and treatment procedures as are taught by board
			 approved chiropractic colleges except as prohibited by law and/or the rules of
			 this board.
Replaces: 4734-1-15
Effective: 9/22/2015
Five Year
				Review (FYR) Dates: 09/22/2020
Promulgated Under:
				119.03
Statutory
				Authority: 4734.10
Rule
				Amplifies: 4734.01,
				4734.15
Prior
				Effective Dates: 3/23/76, 6/15/1994
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-3 - Records › Section 4734-3-01 - Confidential personal information

Current through all regulations passed and filed through July 1, 2024
(A)
								Definitions.
(1)
									"Confidential personal information" means personal
			 information that is not public record for purposes of section
			 149.43 of the Revised
			 Code.
(2)
									"Information owner" means the individual directly
			 responsible for the system. The board's information owner is the executive
			 director.
(3)
									"Personal information" means any information that
			 describes anything about a person, or that indicates actions done by or to a
			 person, or that indicates that a person possesses certain personal
			 characteristics, and that contains, and can be retrieved from a system by, a
			 name, identifying number, symbol, or other identifier assigned to a
			 person.
(4)
									"System" means any collection or group of related
			 records that are kept in an organized manner and that are maintained by a state
			 or local agency, and from which personal information is retrieved by the name
			 of the person or by some identifying number, symbol, or other identifier
			 assigned to the person. "System" includes both records that are manually stored
			 and records that are stored using electronic data processing equipment.
			 "System" does not include collected archival records in the custody of or
			 administered under the authority of the Ohio history connection, published
			 directories, reference materials or newsletters, or routine information that is
			 maintained for the purpose of internal office administration, the use of which
			 would not adversely affect a person.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-4 - Hearings › Section 4734-4-03 - Continuances

Current through all regulations passed and filed through July 1, 2024
(A) The board may
			 initially continue a hearing upon its own motion for a period of not less than
			 thirty days, in order to more efficiently and effectively conduct its business,
			 unless the circumstances establish that a continuance would not serve the
			 interest of justice. The hearing officer or presiding board member may continue
			 a hearing upon the motion of a representative of record. Hearings shall not be
			 continued upon motion unless a showing of reasonable cause and proper diligence
			 is presented. Before granting any continuance, consideration shall be given to
			 harm to the public which may result from delay in proceedings.
(B) No continuance of an adjudicatory hearing
			 under section 4734.37 of the Revised Code
			 shall be granted without the written agreement of the respondent or his
			 representative and the board.
(C)
			 If a continuance is granted, the hearing officer or presiding board member
			 shall immediately establish a new hearing date, unless circumstances prohibit.
(D) Hearings may be continued due
			 to the unavailability of a subpoenaed witness, at the discretion of the hearing
			 officer or presiding board member. The hearing officer or presiding board
			 member may hold the record open to accept a deposition in lieu of live
			 testimony of a subpoenaed witness. The procedures set forth in this chapter
			 shall apply to any deposition taken pursuant to this rule.
(E) No adjudication hearing shall be
			 continued for more than ninety days for the purpose of exchanging witness or
			 document lists to the extent provided by this chapter unless the presiding
			 board member or hearing officer finds in writing that such exchange was
			 diligently pursued but was not completed due to the unusual circumstances of
			 the case.
Five Year Review (FYR) Dates:
				06/30/2017 and
				06/30/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4734.10,
				4734.48
Rule
				Amplifies: 119, 4734.45
Prior
				Effective Dates: 8/12/02
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-4 - Hearings › Section 4734-4-04 - Out-of-state attorneys

Current through all regulations passed and filed through July 1, 2024
(A) Only those out-of-state attorneys who
			 have been granted authority by a court of competent jurisdiction may represent
			 respondents in administrative hearings before the board.
Five Year Review (FYR) Dates:
				06/30/2017 and
				06/30/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4734.10,
				4734.46
Rule
				Amplifies: 119, 4734.45
Prior
				Effective Dates: 8/12/02
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-4 - Hearings › Section 4734-4-05 - Authority and duties of hearing officers

Current through all regulations passed and filed through July 1, 2024
(A) Adjudication hearings may be conducted
			 before a hearing officer pursuant to Chapters 4734. and 119. of the Revised
			 Code. The board shall set the qualifications for hearing officers and shall
			 appoint its hearing officers to serve during each fiscal year. The board or the
			 executive director shall determine which hearing officer is assigned a
			 particular case.
(B) All hearings
			 shall be open to the public, but the hearing officer or presiding board member
			 conducting a hearing may close the hearing to the extent necessary to protect
			 compelling interests and rights or to comply with statutory requirements. In
			 the event the hearing officer or presiding board member determines to close the
			 hearing, the hearing officer or presiding board member shall state these
			 reasons on the record prior to closing the hearing.
(C) The hearing officer or presiding board
			 member shall conduct hearings in such a manner as to prevent unnecessary delay,
			 maintain order, and ensure the development of a clear and adequate record.
(D) The authority of the hearing
			 officer or presiding board member shall include, but not be limited to:
(1) Administer oaths and affirmations;
(2) Order issuance of subpoenas
			 and subpoenas duces tecum to require the attendance of witnesses at hearings
			 and depositions in lieu of live testimony at hearing and to require the
			 production of evidence for hearings and depositions;
(3) Examine witnesses and direct witnesses to
			 testify;
(4) Ruling on the
			 admissibility of evidence;
(5)
			 Ruling on procedural motions, whether such motions are oral or written;
(6) Hold prehearing and status
			 conferences and mediate settlement discussions;
(7) Requesting briefs before, during or
			 following the hearing, as well as suggested findings, orders, and conclusions
			 of law within such time limits as the hearing officer may determine;
(8) Preparing entries, findings, orders, or
			 reports and recommendations;
(9)
			 Requesting preparation of entries, findings, or orders;
(10) Ruling on requests to broadcast, record,
			 televise or photograph the hearing;
(11) Determining the order in which any
			 hearing shall proceed.
(12) Taking
			 such other actions as may be necessary to accomplish the purposes of paragraph
			 (C) of this rule and to carry out Chapters 119. and 4734. of the Revised Code.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-4 - Hearings › Section 4734-4-06 - Broadcasting and photographing administrative hearings

Current through all regulations passed and filed through July 1, 2024
If the hearing officer or presiding board member determines
				that broadcasting, televising, recording or taking of photographs in the
				hearing room would not distract participants or impair the dignity of the
				proceedings or otherwise materially interfere with the achievement of a fair
				administrative hearing, the broadcasting, televising, recording or taking of
				photographs during hearing proceedings open to the public may be permitted
				under the following conditions and upon request:
(A) Requests for permission for the
			 broadcasting, televising, recording or taking of photographs in the hearing
			 room shall be made in writing to the hearing officer or presiding board member
			 prior to the commencement of the hearing, and shall be made a part of the
			 record of the proceedings;
(B)
			 Permission is expressly granted prior to commencement of the hearing in writing
			 by the hearing officer or presiding board member and is made a part of the
			 record of the proceedings;
(C) If
			 the permission is granted, the hearing officer or presiding board member shall
			 specify the place or places in the hearing room where operators and equipment
			 are to be positioned;
(D) The
			 filming, videotaping, recording or taking of photographs of witnesses who
			 object thereto shall not be permitted.
Five Year Review (FYR) Dates:
				06/30/2017 and
				06/30/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4734.10
Rule
				Amplifies: 119, 4734.45
Prior
				Effective Dates: 8/12/02
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-4 - Hearings › Section 4734-4-07 - Depositions in lieu of testimony at hearing and transcripts of prior testimony for submission at hearing

Current through all regulations passed and filed through July 1, 2024
(A) Upon written motion of any representative
			 of record or the hearing officer's or presiding board member's own motion, and
			 upon service of that motion to all other representatives, the hearing officer
			 or presiding board member may order that the testimony of a witness be taken by
			 deposition in lieu of live testimony under such conditions and terms as the
			 hearing officer or presiding board member shall set, and that any designated
			 books, papers, documents or tangible objects, not privileged, be produced at
			 the same time and place if it appears probable that:
(1) The witness will be unavailable to attend
			 or will be prevented from attending a hearing; and
(2) The testimony of the witness is material;
			 and
(3) The testimony of the
			 witness is necessary in order to prevent a failure of justice.
In the case of an expert witness, a showing of the
				unavailability of the expert shall not be necessary for the hearing officer#s
				or presiding board member's consideration of the motion of a representative to
				take a deposition in lieu of live testimony.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-4 - Hearings › Section 4734-4-08 - Witnesses; subpoenaes; witness fees

Current through all regulations passed and filed through July 1, 2024
(A) Witnesses.
(1) Testimony under oath: All witnesses at
			 any administrative hearing or during any deposition in lieu of live testimony,
			 shall testify under oath or affirmation.
(2) Legal counsel for witness: A witness may
			 be accompanied and advised by legal counsel. Participation by counsel for a
			 witness other than the respondent is limited to protection of that witness'
			 rights, and the witness' legal counsel may neither examine nor cross-examine
			 any witnesses.
(3) Refusal by
			 witness to testify: Should a witness refuse to be sworn, refuse to answer a
			 question ruled proper at a hearing or disobey a subpoena, the board may
			 institute contempt proceedings pursuant to section
			 119.09 of the Revised Code.
(4) Hearing officer/board member
			 incompetent as witness: The presiding hearing officer, because of his duties,
			 shall not be a competent witness nor subject to deposition in any adjudication
			 proceeding. Unless the testimony of a board member or a hearing officer is
			 material to the factual allegations set forth in the notice of opportunity for
			 hearing, board members and hearing officers shall not be competent witnesses
			 nor subject to deposition in lieu of live testimony in any adjudication
			 proceeding. Evidence from other persons relating to the mental processes of the
			 presiding hearing officer or board members shall not be admissible.
(5) Recusal by hearing officer/board member:
			 If the hearing officer/board member intends to serve as a witness, he/she shall
			 recuse him or herself from presiding over, deliberating on, or ruling on the
			 matter.
(6) Separation of
			 witnesses: Any representative of record or the hearing officer or presiding
			 board member may move for a separation of witnesses. Expert witnesses shall not
			 be separated. In granting a separation order, the hearing officer or presiding
			 board member shall permit the executive director of the board and any case
			 investigator designated by the counsel for the state, to remain present at the
			 hearing. Notwithstanding the respondent's intent to testify, he or she may also
			 remain present. A board member may attend a hearing as a member of the
			 audience. Each representative of record at a hearing shall inform the hearing
			 officer or presiding board member of the identity of each potential witness for
			 his case present in the hearing room. Failure to so identify potential
			 witnesses may be grounds for their later disqualification as witnesses.
(7) Propriety of board action: No
			 witnesses shall be permitted to testify as to the nature, extent, or propriety
			 of disciplinary action to be taken by the board. A witness may, at the
			 discretion of the hearing officer or presiding board member, testify as to an
			 ultimate issue of fact.
Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-4 - Hearings › Section 4734-4-09 - Evidence; judicial notice of board records; stipulations; certified copy of conviction deemed conclusive

Current through all regulations passed and filed through July 1, 2024
(A) The Ohio rules of evidence may be taken
			 into consideration by the hearing officer or presiding board member in
			 determining the admissibility of evidence, but shall not be controlling. The
			 hearing officer or presiding board member may permit the use of electronic or
			 photographic means for the presentation of evidence.
(B) The hearing officer or presiding board
			 member shall admit evidence of any prior action entered by the state
			 chiropractic board against the respondent, including formal disciplinary action
			 or warning letters. The board may take administrative (judicial) notice of its
			 own records and reports, upon timely notice to the respondent.
(C) Representatives of record may, by
			 stipulation, agree on any or all facts involved in proceedings before the
			 hearing officer or presiding board member. The hearing officer or presiding
			 board member may thereafter require development of any fact deemed necessary
			 for just adjudication.
(D) A
			 certified copy of a plea of guilty to, or a judicial finding of guilt of any
			 crime in a court of competent jurisdiction is conclusive proof of the
			 commission of all of the elements of that crime.
Five Year Review (FYR) Dates:
				06/30/2017 and
				06/30/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4734.10
Rule
				Amplifies: 119, 4734.45
Prior
				Effective Dates: 8/12/02