reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-5 - Financial Disclosure Filing › Section 102-5-06 - Financial disclosure filing requirement; public officials subject to multiple filing requirements; voluntary filers

Current through all regulations passed and filed through July 1, 2024
(A) A person required to file a financial
			 disclosure statement under more than one requirement of Chapter 102. of the
			 Revised Code, because the person holds or held more than one public office or
			 position during the calendar year or financial disclosure filing cycle, will be
			 required to file only one statement for a calendar year.
(B) Generally, the statement required to be
			 filed must meet the highest level of disclosure in accordance with the
			 following:
(1) Whenever there is more than one
			 level of disclosure involved, the statement that must be completed and the
			 questions that must be answered must relate to the public position held or, in
			 the case of a candidate for elective office, the position sought, that require
			 the highest level of disclosure. If the person holds more than one filing
			 position, but all have the same level of disclosure, then paragraph (B)(2) of
			 this rule applies.
(2) If the filer
			 must file for a current position, and a position he or she held in the past,
			 both with the same level of disclosure, the statement that must be completed
			 and the questions that must be answered must relate to the position currently
			 held. If the person is in both filing positions simultaneously, or has left
			 both filing positions, then paragraph (B)(3) of this rule applies.
(3) If the person holds more than one filing
			 position at the same time, where all have the same level of disclosure, and one
			 is an elected position or candidate for elective office, the statement that
			 must be completed and the questions that must be answered must relate to the
			 elective office. If none of the simultaneous positions held is an elective
			 position, then paragraph (B)(4) of this rule applies.
(4) If the person holds more than one
			 non-elective filing position at the same time, where all have the same level of
			 disclosure, and one of the positions is employment, the statement that must be
			 completed and the questions that must be answered must relate to the
			 employment.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-5 - Financial Disclosure Filing › Section 102-5-07 - Review of filed statements to determine completeness

Current through all regulations passed and filed through July 1, 2024
(A) Upon receipt of a financial disclosure
			 statement, the commission, within a reasonable period of time, will review the
			 financial disclosure statement to determine whether it is complete.
(B) If a person fails to respond to one or
			 more required questions, the commission will deem the filing incomplete and
			 return the statement, or a copy of the incomplete pages, with instructions for
			 proper completion within fifteen days from the date the incomplete filing is
			 returned to the person.
(C) If the
			 commission does not receive a complete statement within the time designated
			 under this rule, the commission will consider that the financial disclosure
			 statement is not filed as required by law. The commission will send notice to
			 the filer that late fees will be assessed if the statement is not filed within
			 fifteen days of the date of the notice. The commission may handle the statement
			 through its complaint process and ultimately refer persons who fail to comply
			 with this rule for prosecution in accordance with the provisions of Chapter
			 102. of the Revised Code.
Effective:
				2/26/2012
Five Year Review
				(FYR) Dates: 3/30/2022 and
				03/30/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				111.15,
				102.05
Rule Amplifies:
				102.02,
				102.022
Prior Effective Dates: 01/01/2002,
				02/26/2012
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-5 - Financial Disclosure Filing › Section 102-5-08 - Review of filed statements kept confidential by statute

Current through all regulations passed and filed through July 1, 2024
(A) The commission
			 will examine each financial disclosure statement required to be kept
			 confidential to determine whether the potential for a conflict of interest
			 exists for the person who filed the financial disclosure statement.
(B) The potential for a conflict of interest
			 exists if the private interests of the filer, as indicated by the financial
			 disclosure statement, might interfere with the public interests the filer is
			 required to serve in the exercise of the authority and duties of his or her
			 office or position of employment.
(C) The commission will make the final
			 determination of whether any information disclosed represents the potential for
			 a conflict of interest. Upon a final determination by the commission and
			 notification to the filer, any portion of a form reflecting the potential for a
			 conflict of interest will be available for public inspection.
(D) The finding, by the commission, of the
			 potential for a conflict of interest does not represent any finding of
			 wrongdoing. The finding reminds the filer to guide any official actions
			 regarding the interest in question in accordance with the law.
(E) The commission may, pursuant to section
			 102.06 of the Revised Code,
			 require a filer of a confidential statement to complete a statement of
			 interest, or request other information, disclosing whether the filer received
			 income from, had investments with, or had any personal financial or fiduciary
			 ties to, any person or entity doing or seeking to
			 do business with, regulated by, or interested in matters before the filer's
			 public agency.
Effective:
				2/11/2017
Five Year Review (FYR) Dates:
				10/20/2016 and
				01/31/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102.02,
				102.022,
				102.06
Prior
				Effective Dates: 1/1/02
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-5 - Financial Disclosure Filing › Section 102-5-09 - Financial disclosure statement attachments

Current through all regulations passed and filed through July 1, 2024
(A) The ethics law requires that a financial
			 disclosure statement must be complete at the time it is filed. A filer may
			 submit additional information and request that the commission attach the
			 information to the filer's statement. The commission will acknowledge receipt
			 of the additional information.
(B)
			 Upon receipt of additional information forwarded by the filer, the commission,
			 or as otherwise delegated to the executive director, will determine whether the
			 information should be attached to the filer's financial disclosure statement.
			 During the course of the determination, the additional information will be kept
			 confidential in accordance with section
			 102.06 of the Revised
			 Code.
(C) In determining whether
			 the information submitted in accordance with this rule should be attached to a
			 filer's financial disclosure statement, the executive director and/or the
			 commission will consider whether the facts demonstrate that, at the time the
			 original filing was made, the filer inadvertently excluded the information
			 submitted in accordance with this rule, or knowingly failed to provide the
			 information required by sections
			 102.02 and
			 102.022 of the Revised Code, or
			 knowingly filed a false statement.
(D) In determining whether good cause to
			 allow the attachment has been shown, the executive director and/or the
			 commission will take into consideration whether the statement is material to a
			 complaint or charge.
(E) If the
			 executive director and/or the commission determine that the information
			 submitted in accordance with this rule should be attached to a filer's
			 financial disclosure statement, the information submitted will be attached to
			 the original filing and will be maintained and retained in the manner described
			 in rule 102-5-02 of the Administrative Code.
Effective:
				2/11/2017
Five Year Review (FYR) Dates:
				10/20/2016 and
				01/31/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102.02
Prior
				Effective Dates: 1/1/02, 12/1/07
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-5 - Financial Disclosure Filing › Section 102-5-10 - Deadlines; receipt of financial disclosure statements

Current through all regulations passed and filed through July 1, 2024
(A) General filing
			 deadline:
(1) The general filing deadline is
			 May fifteenth of each year.
(2) If
			 May fifteenth falls on a day that the ethics commission is closed to the public
			 for the entire day, the filing deadline will be determined by section
			 1.14 of the Revised
			 Code.
(3) If the internal revenue
			 service has extended or changed the April fifteenth filing deadline for federal
			 tax returns in any year, the commission may, by a vote of four members, extend
			 the general financial disclosure filing deadline up to thirty days past that
			 deadline.
(4) The general filing
			 deadline does not apply to any of the following persons:
(a) A candidate for elective
			 office;
(b) A person appointed to
			 an unexpired term of elective office;
(c) A person who holds elective office in a
			 village advanced to city status;
(d) A person appointed to or employed in a
			 non-elective filing position after February fifteenth of any calendar year; or
(e) A state employee serving in a
			 filing position in a temporary working level until he or she has served in the
			 position for more than ninety days.
The appropriate filing deadline for each of these individuals
				is set forth in this rule.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-5 - Financial Disclosure Filing › Section 102-5-11 - Extensions

Current through all regulations passed and filed through July 1, 2024
(A) The commission
			 and/or the executive director may extend any
			 filing deadline for thirty or sixty days for good cause shown.
(B) A person who requires additional time to
			 complete a financial disclosure statement may submit a written request to the
			 commission for an extension of the applicable deadline.
(C) The extension request must
			 be received prior to the applicable deadline and
			 must include the reason for which the extension is necessary.
(D) The commission and/or the executive director may extend, to the same
			 person for the same filing period, more than one extension for good cause
			 shown.
(E) The filing deadline for
			 any person who is deployed in the military is automatically extended to ninety
			 days after the end of the person's deployment and return home.
Effective:
				2/11/2017
Five Year Review (FYR) Dates:
				10/20/2016 and
				01/31/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102.02,
				102.022,
				102.05,
				102.07
Prior
				Effective Dates: 1/1/02, 11/29/07, 2/26/12
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-5 - Financial Disclosure Filing › Section 102-5-12 - Payment of late fees

Current through all regulations passed and filed through July 1, 2024
(A) If a statement is not filed on time
			 pursuant to section
								102.02 of the Revised Code, as
			 described in rules
			 102-5-07
			 and
			 102-5-10
			 of the Administrative Code, the commission will assess a fee pursuant to
			 division (F) of section
			 102.02 of the Revised
			 Code.
(B) The party who is
			 responsible for the filing fee is also responsible for any assessed late
			 fee.
Effective:
				2/11/2017
Five Year Review (FYR) Dates:
				10/20/2016 and
				01/31/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102.02,
				102.022
Prior
				Effective Dates: 1/1/02, 1/19/04, 11/29/07
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-5 - Financial Disclosure Filing › Section 102-5-13 - Financial disclosure statement complaints

Current through all regulations passed and filed through July 1, 2024
(A) The commission may file a complaint
			 against a person who fails to file a complete financial disclosure statement as
			 required by law pursuant to section 
									102.06
								 of the Revised
			 Code.
(B) The commission may file
			 a complaint against a person who filed a financial disclosure statement that
			 contains information that the filer knows, or has reason to know, is false.
Effective:
				1/1/2002
Five Year Review
				(FYR) Dates: 3/30/2022 and
				03/30/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				111.15,
				102.05
Rule Amplifies:
				102.03,
				102.06
Prior Effective Dates:
				01/01/2002
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-5 - Financial Disclosure Filing › Section 102-5-14 - Disposition of financial disclosure statement complaints

Current through all regulations passed and filed through July 1, 2024
(A) A complaint
			 against a person for failure to file a complete financial disclosure statement
			 may be dismissed when the person files the required complete financial
			 disclosure statement 
								before or after the commission has taken any formal
			 action on the hearing officer's report.
(B) In determining
			 whether any complaint will be dismissed, with or
			 without prejudice to refile, the commission may consider factors
			 including, but not limited to, the following:
(1) Whether the commission has previously
			 filed a complaint against the respondent for failure to file a financial
			 disclosure statement;
(2) Whether
			 the respondent has filed financial disclosure statement(s) late in previous
			 filing cycles;
(3) Whether the commission has formally
			 accepted the hearing officer's report and recommendation to refer the complaint
			 for prosecution or other disposition;
(4)
									Whether the respondent has paid the required filing
			 and/or late fees; and
(5)
									Whether the respondent was served with the
			 complaint.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-5 - Financial Disclosure Filing › Section 102-5-15 - Waiver of late fees

Current through all regulations passed and filed through July 1, 2024
The commission may waive a late fee imposed upon a person for
				failing to file a financial disclosure statement by the applicable filing
				deadline on a case-by-case basis under circumstances including, but not limited
				to, the following instances:
(A) The
			 person objectively demonstrates the existence of a serious and compelling
			 medical, legal or other reason that prevented filing by the applicable
			 deadline; or
(B) The person
			 objectively demonstrates that the public agency or
			 appointing authority required by section
			 102.02 of the Revised Code to
			 provide the financial disclosure statement failed to provide the statement or
			 provided the statement late in the applicable filing period that made it
			 impossible or unlikely for the person to comply with the required filing
			 deadline. In so doing, the commission requires that an independent source must
			 verify that the statutorily responsible agency or
			 appointing authority failed to provide the financial disclosure statement
			 or provided it late, and that such failure is not attributable to the filer's
			 knowing inaction.
Effective:
				2/11/2017
Five Year Review (FYR) Dates:
				10/20/2016 and
				01/31/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102.02,
				102.022,
				102.05,
				102.07
Prior
				Effective Dates: 1/1/02, 11/29/07
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-5 - Financial Disclosure Filing › Section 102-5-16 - Collection of financial disclosure statement filing and late fees

Current through all regulations passed and filed through July 1, 2024
(A) A collection
			 notice will be forwarded to the person or entity owing financial disclosure
			 statement filing and/or late fees. The notice will request payment of the
			 amount owed and advise that the matter may be certified to the office of the
			 Ohio attorney general pursuant to section
			 131.02 of the Revised
			 Code.
(B)
								
								The
			 commission may certify any unpaid amounts owed to the office of the Ohio
			 attorney general for recovery pursuant to section
			 131.02 of the Revised
			 Code.
Effective:
				2/11/2017
Five Year Review (FYR) Dates:
				10/20/2016 and
				01/31/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102.02
Prior
				Effective Dates: 1/1/02
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-7 - Investigations; Complaints › Section 102-7-01 - Confidentiality

Current through all regulations passed and filed through July 1, 2024
Any complaint, charge, inquiry, or
				investigation relating to the proceedings of the commission will be private and
				confidential, and all papers, records, affidavits and documents relating to
				such matters will be kept confidential except as otherwise provided in Chapter
				102. of the Revised Code. The retention of all papers, records, affidavits, and
				documents relating to these matters will be in accordance with section
				149.34 of the Revised
				Code.
Effective:
				6/29/2017
Five Year Review (FYR) Dates:
				04/04/2017 and
				06/29/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102.06,
				102.07
Prior
				Effective Dates: 2/23/76, 7/16/77, 6/8/81,
				1/1/02
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-7 - Investigations; Complaints › Section 102-7-02 - Investigation processes

Current through all regulations passed and filed through July 1, 2024
(A) The commission 
								shall
			 investigate
								 all
			 complaints and may investigate any charge
								 as defined in paragraph (C) of rule
			 102-1-01 of the
			 Administrative Code.
(B) The
			 commission may request additional information from any person in its
			 investigation of a complaint or charge.
(C) A person from whom information is requested, by subpoena pursuant to division (D) of section
			 102.06 of the Revised Code or
			 otherwise, shall
								 furnish the
			 information to the commission except as otherwise provided in section
			 102.06 of the Revised
			 Code.
(D)
								The commission may apply to the court of common pleas of
			 Franklin county for an action in contempt of court should a person fail to
			 provide any information requested pursuant to a subpoena.
(E)
								The executive
			 director, or general counsel in the absence of the executive director, shall
			 have the authority to issue subpoenas pursuant to section
			 102.06 of the Revised Code
			 subject to the Subpoena Issuance Policy as adopted by the commission on July
			 23, 2015. This policy and its amendments are available at the office of the
			 commission.
(F) The executive director or designee will
			 report periodically to the commission on each investigation.
Effective:
				6/29/2017
Five Year Review (FYR) Dates:
				04/04/2017 and
				06/29/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102.06
Prior
				Effective Dates: 2/23/76, 7/16/77, 6/8/81,
				1/1/02
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-7 - Investigations; Complaints › Section 102-7-03 - Investigative committee

Current through all regulations passed and filed through July 1, 2024
(A) The
			 commission may establish an investigative committee to assist in performing its
			 investigative authority. The investigative committee will be composed of fewer
			 than four commission members.
(B)
			 The investigative committee will meet to perform the following activities:
(1) Prioritize pending complaints and
			 charges;
(2) Direct staff in
			 setting investigative priorities based on the list;
(3) Review and prioritize complaints and
			 charges to be opened as inquiries, investigations or settlement referrals;
(4) Review pending investigations;
			 and
(5) Other duties as assigned
			 by the commission.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-7 - Investigations; Complaints › Section 102-7-04 - Charges

Current through all regulations passed and filed through July 1, 2024
(A)
								
								On the
			 receipt of a charge, the commission may determine whether the matter is within
			 its investigative authority.
(B) If
			 the matter does not fall under its investigative authority, the commission
			 shall inform
								 the person making the charge and
			 may make any appropriate referrals to other
			 agencies.
(C) If the matter falls
			 within its investigative authority, the commission may review and prioritize
			 the charge and determine whether the charge should be opened as an
			 investigation, inquiry, referred for settlement, or closed.
(D)
								 The commission may
			  authorize staff to share
			 
								investigation information with any other investigative
			 agency and the appointing or employing authority of the person who is the
			 subject of a charge.
(E) The
			 commission may take formal action against a person who is the subject of a
			 charge by filing a complaint against the person.
			  For purposes of this chapter, "formal action" includes
			 compelling a person to file a statement required to be filed by section
			 102.02 or
			 102.021 of the Revised Code, or
			 to provide further information to the commission, including the specific amount
			 of income from a source, from any person filing with the commission a statement
			 required by section 102.02 or
			 102.021 of the Revised
			 Code.
Effective:
				6/29/2017
Five Year Review (FYR) Dates:
				04/04/2017 and
				06/29/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102.05,
				102.06
Prior
				Effective Dates: 1/1/02, 2/26/12
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-7 - Investigations; Complaints › Section 102-7-05 - Complaints

Current through all regulations passed and filed through July 1, 2024
(A) The commission
			 will receive and may initiate complaints concerning conduct alleged to be in
			 violation of Chapter 102. or section
			 2921.42 or
			 2921.43 of the Revised Code
			 against a person for whom the commission is the "appropriate ethics commission"
			 under division (F)(3) of section
			 102.01 of the Revised
			 Code.
(B) The commission will take
			 no formal action against any person unless a complaint or charge has been filed
			 against that person. A complaint, unless filed by the commission, must be by
			 affidavit made on personal knowledge of all elements of an offense under
			 section 102.02,
			 102.03,
			 102.04,
			 102.07,
			 2921.42, or
			 2921.43 of the Revised Code,
			 subject to the penalties of perjury. A complaint filed by the commission must
			 be by affidavit, based upon reasonable cause to believe that a violation has
			 occurred.
(C) A complaint must be
			 in writing, sworn before a notary public or other person authorized to take
			 oaths, and include the following:
(1) The
			 name, address, and position of the person against whom the complaint is
			 filed;
(2) A citation of the
			 specific provision of Chapter 102. or section
			 2921.42 or
			 2921.43 of the Revised Code
			 alleged to have been violated;
(3)
			 A statement of the essential facts constituting the offense charged and include
			 each element of the offense of which the complainant must have personal
			 knowledge;
(4) The name, address,
			 and signature of the person filing the complaint.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-9 - Hearings on Complaints › Section 102-9-01 - General hearing procedures

Current through all regulations passed and filed through July 1, 2024
(A) The commission shall schedule
			 a hearing within ninety days after the filing of a complaint, but may continue the hearing at the request of any
			 party
								.
(B)
								The commission may conduct any inquiry appropriate to
			 determine whether the respondent is unable to afford counsel without undue
			 hardship, including, but not limited to, relying on forms and procedures
			 promulgated by the Ohio Public Defender's Commission regarding indigent
			 status.
(C) All witnesses at
			 any hearing before the commission shall
								 testify under oath or affirmation. A
			 witness may be accompanied and advised by legal counsel. Participation by a
			 witness's counsel will be limited to protection of the client's rights. Counsel
			 for a non-party witness may neither examine nor cross-examine any witness.
(D) If a complaint is
			 dismissed, the commission shall, 
								on the written request of the respondent, make a
			 public report of its findings. In such case, all evidence and the record of the
			 hearing shall
								 remain confidential unless the respondent
			 requests, in writing, that the evidence and record be made available for public
			 inspection.
(E)
								The filing of a
			 request, motion or notice related to a commission hearing shall comply with the
			 following:
(1)
									Any notice specifying the date, time, and place for a
			 hearing mailed by the commission shall be served by certified mail. If the
			 certified mail is returned unclaimed, the commission shall serve the notice by
			 regular mail with a certificate of mailing, or by personal service to the
			 accused. Any legal representative of record shall also be served the notice by
			 regular mail at the address on file.
(2)
									The mailing date
			 of any document mailed by the commission shall be the date appearing on the
			 certified mail receipt or certificate of mailing, or date personal service was
			 made as sworn to by an employee or agent of the commission.
(3)
									A document may be
			 filed with the commission by hand-delivery, or regular U.S. mail, or encrypted
			 electronic mail. If multiple copies of the same document are filed, only the
			 first to be received by the commission will be time stamped and
			 retained.
(4)
									A document is filed with the commission when the
			 document is received and time stamped at the commission office located in
			 Columbus, Ohio. Documents received after 4:30 p.m. on a business day will be
			 time stamped as received by the commission the next business
			 day.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-9 - Hearings on Complaints › Section 102-9-02 - Counsel

Current through all regulations passed and filed through July 1, 2024
(A) Counsel
			 
								shall
			 enter their appearances in writing.
(B) A person who has entered an appearance as
			 counsel for the accused
								shall remain counsel of record until a written
			 withdrawal is filed with, and approved by, the
			 commission.
Effective:
				6/29/2017
Five Year Review (FYR) Dates:
				04/04/2017 and
				06/29/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05,
				102.06
Rule
				Amplifies: 102.05
Prior
				Effective Dates: 1/1/02
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-9 - Hearings on Complaints › Section 102-9-03 - Discovery and depositions

Current through all regulations passed and filed through July 1, 2024
(A)
								On receiving a
			 written request, the responding party shall provide a list of the witnesses,
			 including name, address, phone number and summary of the expected testimony,
			 and the documents
								 the responding party intends to
			 introduce at the hearing. Any request shall be made at
			 least twenty calendar days before the hearing date. The response shall be filed
			 with the commission and provided to the requesting party within fourteen
			 calendar days after receipt of the request.
(B) A party shall permit the requesting
			 party to examine and copy, at the requesting party's own
			 expense, any evidence and documents intended to
			 be used against the requesting party. Any request shall
			 be made at least twenty calendar days prior to the hearing date. The responding
			 party shall make the records available to the requesting party within fourteen
			 calendar days after receipt of the request.
(C)
			 If a party fails, without good cause, to comply with paragraphs (A) and (B)
								
			 of this rule, the requested testimony and
								 documents may, upon motion of the
			 adversely affected party, be excluded from the hearing before the commission.
			 The commission will determine whether a party has complied with paragraphs (A) and (B)
								
			 of this rule.
(D) The commission may continue a hearing
			 on its
			 own motion or the motion of any party, for good cause shown, to permit
			 discovery under paragraphs (A) and (B)
								 of this rule.
(E)
								All discovery shall be completed at least five calendar
			 days before the hearing date unless extended by the commission.
(F)
								All discovery
			 matters that should come before the commission shall be decided by the
			 commission chairman, or vice-chairman in the chairman's absence or
			 unavailability, or hearing officer if appointed by the
			 commission.
(G) A
			 legal representative's work product is not
			 subject to discovery.
(H)
								The executive director, or general counsel in the
			 absence of the executive director, shall have the authority to issue subpoenas
			 pursuant to section 102.06 of the Revised Code
			 subject to the "Subpoena Issuance Policy" as adopted by the commission on July
			 23, 2015. This policy and its amendments are available at the office of the
			 commission.
Effective:
				6/29/2017
Five Year Review (FYR) Dates:
				04/04/2017 and
				06/29/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102.06
Prior
				Effective Dates: 2/23/76, 7/16/77, 6/8/81,
				1/1/02
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-9 - Hearings on Complaints › Section 102-9-04 - Motions

Current through all regulations passed and filed through July 1, 2024
(A) The commission
			 chairman, vice-chairman in the chairman's absence or
			 unavailability, or hearing officer if appointed by the commission, shall
								 rule on all
								
			 motions.
(B) All motions will
			 specifically state both the relief sought by the moving party and the basis for
			 granting such relief.
(C) All
			 motions shall be filed in writing and served at least
			 five business days prior to the hearing date. The
			 commission may waive the five-day requirement for good cause shown.
			 Dispositive motions are not permitted to be filed under
			 this rule.
Effective:
				6/29/2017
Five Year Review (FYR) Dates:
				04/04/2017 and
				06/29/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102.05,
				102.06
Prior
				Effective Dates: 6/8/81, 1/1/02
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-9 - Hearings on Complaints › Section 102-9-05 - Continuances

Current through all regulations passed and filed through July 1, 2024
(A)
								Hearings may be continued on the commission's
								 own motion or the motion of any party, for good cause shown.
(1) Requests for continuance
			 shall
									 be
			 in writing and addressed to the chairman of the
			 commission or the hearing officer assigned to the complaint in
			 accordance with rule
			 102-9-09 of the
			 Administrative Code. The request must be made not later than five calendar days
			 prior to the scheduled date of the hearing. The chairman
			 or hearing officer may waive the five-day requirement for
			 good cause shown.
(2) Each party
			 must contact all of the witnesses subpoenaed by that party and inform them of
			 any continuance.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-9 - Hearings on Complaints › Section 102-9-06 - Briefs

Current through all regulations passed and filed through July 1, 2024
The commission may require briefs from the parties. Within its
				discretion, the commission may provide page and
				time limits for the filing of briefs. 
								The
				commission may grant a motion for an extension of
				time, for good cause shown,
								 for the filing of a brief. Each
				party shall serve
								 a copy of the brief on the commission or
								 hearing examiner and the opposing party.
Effective:
				6/29/2017
Five Year Review (FYR) Dates:
				04/04/2017 and
				06/29/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05,
				102.06
Rule
				Amplifies: 102.06
Prior
				Effective Dates: 6/8/81, 1/1/02
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-9 - Hearings on Complaints › Section 102-9-07 - Subpoenas

Current through all regulations passed and filed through July 1, 2024
(A) The commission shall
								 issue subpoenas
			 on
								 the
			 written request of 
								any party.
(B)
								
								The commission chairman,
			 vice-chairman in the absence or unavailability of the chairman, or hearing
			 officer if appointed by the commission, may grant
			 a motion to quash a
								 subpoena, for
			 good cause shown, at any time.
(C)
			 Requests for subpoenas must be received by the commission
			 at least
								fifteen calendar
								 days before the date of the
			 hearing.
(D) Subpoenas may
								 be served personally
			 by the commission, its designee, or a designated
			 process server, or by certified mail, return receipt requested,
			 or it may be directed to the sheriff of any
			 county.
Effective:
				6/29/2017
Five Year Review (FYR) Dates:
				04/04/2017 and
				06/29/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05,
				102.06
Rule
				Amplifies: 102.06
Prior
				Effective Dates: 6/8/81, 1/1/02
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-9 - Hearings on Complaints › Section 102-9-08 - Evidence

Current through all regulations passed and filed through July 1, 2024
(A)
								The commission may admit any relevant evidence that it
			 determines to be reliable, probative, and substantial.
(B)
								The Ohio Rules of
			 Evidence may be taken into consideration in determining the admissibility of
			 evidence, but it shall not be controlling.
Effective:
				6/29/2017
Five Year Review (FYR) Dates:
				04/04/2017 and
				06/29/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05,
				102.06
Rule
				Amplifies: 102.06
Prior
				Effective Dates: 6/8/81, 1/1/02
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-9 - Hearings on Complaints › Section 102-9-09 - Hearing Examiners

Current through all regulations passed and filed through July 1, 2024
(A) The
			 commission may establish the qualifications of, appoint, and fix the
			 compensation of, hearing examiners pursuant to section 
									102.05
								 of the Revised
			 Code. The commission may authorize the executive director to designate the
			 hearing examiners.
(B) The
			 respondent will be given the opportunity to object to the appointment of a
			 hearing examiner, for good cause shown.
(C) Hearing examiners will have the same
			 power and authority to conduct hearings as the commission.
(D) Within thirty days after the hearing, the
			 hearing examiner must submit to the commission a written report, which must
			 include, but need not be limited to:
(1)
			 Findings of fact;
(2) Conclusions
			 of law; and
(3) Recommendations of
			 action to be taken by the commission.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-11 - Settlements › Section 102-11-01 - Settlement referral pursuant to division (G)(1) of section 102.06 of the Revised Code

Current through all regulations passed and filed through July 1, 2024
(A) The commission may refer for settlement
			 or compromise any complaint or charge pending before the commission or
			 appropriate prosecuting authority. The commission will consult with the
			 respondent, complainant and any other person the commission or the prosecuting
			 authority considers necessary regarding the settlement referral.
(B) The commission may require the
			 complainant to file a sworn affidavit with the commission setting forth the
			 facts or allegations that the complainant requests the commission to consider
			 during settlement negotiations. The complainant must serve a copy of the sworn
			 affidavit on all parties. The commission may also require the respondent to
			 file a sworn affidavit in response to the complainant's allegations within
			 sixty days of the filing of complainant's affidavit with the
			 commission.
(C) In determining
			 whether a matter will be referred for settlement, the commission will assess
			 the appropriateness of the referral. The commission may consider factors it
			 deems relevant in making its assessment, including, but not limited to, the
			 following factors:
(1) Severity of the alleged
			 conduct including the dollar value involved in the alleged offense;
(2) Whether the alleged conduct is an
			 isolated event or part of a repeated pattern of conduct;
(3) Whether the alleged conduct appears to
			 indicate violations of other state or federal criminal laws;
(4) Complexity of issues or evidence alleged
			 in the complaint or charge;
(5)
			 Involvement of other appropriate agencies in the investigation of the
			 respondent's conduct;
(6) Existence
			 of commission precedent concerning the alleged or similar conduct;
(7) Prior contact of the respondent with the
			 commission;
(8) Scope of
			 investigation necessary to gather information;
(9) Age of the facts alleged in the
			 complaint;
(10) Resources of the
			 commission;
(11) Whether the
			 respondent self-reported the potential violation; and
(12) Any other mitigating
			 circumstances.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-11 - Settlements › Section 102-11-02 - Settlement negotiations

Current through all regulations passed and filed through July 1, 2024
(A) The settlement procedures may consist of
			 any method decided by the commission and agreed to by the parties, including,
			 but not limited to, mediation, arbitration, negotiation, criminal plea
			 negotiations in conjunction with the appropriate prosecuting authority, and
			 other forms of disposition.
(B) All papers,
			 records, affidavits, and documents filed with the commission or relating to
			 settlement negotiations will be sealed and are private and confidential, except
			 as otherwise provided in section
			 102.06 of the Revised Code,
			 unless the parties agree otherwise.
(C) The commission, in
			 consultation with the parties, may establish guidelines that regulate the
			 conduct of the settlement negotiations. The guidelines will be binding on all
			 parties. The guidelines may contain requirements that all matters discussed in
			 the settlement negotiations remain confidential after negotiations have ceased
			 and that no party may compel the attendance of any commission member, employee,
			 or agent as a witness regarding any matter discussed pursuant to the settlement
			 negotiations.
(D) When the source of an allegation is the auditor of
			 state's office or similar office or agency that has completed an independent
			 factual review, the commission may elect to resolve matters through its censure
			 process.
(1) In censure matters, the
			 commission shall forward an initial notice to the respondent reciting the basic
			 facts establishing a potential violation. The initial notice shall provide a
			 timeframe within which the respondent can contact the commission with
			 contradictory information.
(2)
			 After giving the respondent time to refute the allegations, the investigative
			 committee or the commission may direct staff to issue a letter of censure
			 advising the respondent that the reported activity potentially violates the
			 ethics law and should cease immediately. Further, the censure notice shall
			 provide notice that continued activity in violation of the ethics law may
			 result in a formal investigation and potential prosecution.
Ohio Administrative Code › Title 102 - Ohio Ethics Commission › Chapter 102-11 - Settlements › Section 102-11-03 - Failure of settlement

Current through all regulations passed and filed through July 1, 2024
In the event that the parties are unable to mutually agree to
				the terms of a settlement, the commission or prosecuting authority, in its
				discretion, may reinstate any investigation, hearing, or prosecution of the
				respondent.
Effective:
				6/29/2017
Five Year Review (FYR) Dates:
				02/13/2017 and
				06/29/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 102.05
Rule
				Amplifies: 102.06,
				102.07
Prior
				Effective Dates: 1/1/02, 02/26/12
Ohio Administrative Code › Title 103 - Ohio Legislative Service Commission › Chapter 103-1 - General Provisions › Section 103-1-02 - Notice of meetings

Current through all regulations passed and filed through July 1, 2024
(A) The director shall maintain a record of
			 each meeting of the legislative service commission which shall state the time
			 and place of each meeting of the commission. Any person may determine or obtain
			 such information at the office of the legislative service commission in
			 Columbus, Ohio or by writing to the "Director, Legislative Service Commission,
			 Vern Riffe Center, 77 South High Street, Ninth Floor, Columbus, Ohio
			 43215-6136," by calling (614) 466-3615 during regular business hours, or by
			 faxing (614) 644-1721.
(B) Any
			 person may obtain reasonable advance written notification in the form of a copy
			 of the agenda of all meetings by requesting to be placed on a general
			 subscription mailing list.
(C) The
			 director shall maintain a list of news media which have requested notification,
			 and such media shall be given at least twenty-four hours advance notice of each
			 special meeting of the commission, except in the event of an emergency
			 requiring immediate action. In the event of an emergency, the director shall
			 notify the news media that have requested notification immediately of the time,
			 place, and purpose of the meeting.
(D) Notice to the media as required by
			 paragraph (C) of this rule shall be completed by delivering the agenda, time
			 and place of the meeting to the statehouse press room.
(E) A meeting or part of a meeting of the
			 commission may be closed to the public if a personnel matter or litigation is
			 to be discussed.
Five Year Review (FYR) Dates:
				07/01/2015 and
				07/01/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 101.15(C),
				103.05(A),
				121.22(F)
Rule Amplifies:
				101.15(C),
				103.05(A),
				121.22(F)
Prior Effective Dates: 11/14/77, 3/13/82,
				12/9/05
Ohio Administrative Code › Title 103 - Ohio Legislative Service Commission › Chapter 103-5 - Format for Bills, Acts and Joint Resolutions › Section 103-5-01 - Forms indicating statutory amendment and enactment

Current through all regulations passed and filed through July 1, 2024
A legislative action to amend or enact a codified or uncodified
				statutory section is indicated in bills and enrolled acts according to the
				following principles:
(A) New matter
			 that is to be inserted into an existing codified or uncodified section is
			 indicated by inserting the new matter, underlined, into the section at the
			 appropriate place, in the same form as it is to appear in the resulting law.
(B) Old matter that is to be
			 omitted from an existing codified or uncodified section is indicated by
			 retaining the matter as it appears in the section and striking it through with
			 a horizontal line.
(C) A new
			 codified section that is to be added to the law is indicated by presenting the
			 section, underlined, in the same form as it is to appear in the resulting law.
(D) A new uncodified section that
			 is to be added to the law is indicated by presenting the section, without
			 underlining, in the same form as it is to appear in the resulting law.
Five Year Review (FYR) Dates:
				07/01/2015 and
				07/01/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 101.53
Rule
				Amplifies: 101.53
Prior
				Effective Dates: 1/1/01
Ohio Administrative Code › Title 103 - Ohio Legislative Service Commission › Chapter 103-5 - Format for Bills, Acts and Joint Resolutions › Section 103-5-02 - Forms indicating proposed constitutional amendments

Current through all regulations passed and filed through July 1, 2024
A legislative proposal to amend or enact a section of the Ohio
				Constitution is indicated in a joint resolution the same as an amendment to or
				an enactment of a codified statutory section in a bill.
A legislative proposal of a schedule, or of an amending,
				enacting, repeal, effective date, or other special clause, applying to a
				proposed amendment of the Ohio Constitution is indicated in a joint resolution
				the same as an enactment of a new uncodified statutory section in a bill.
Five Year Review (FYR) Dates:
				07/01/2015 and
				07/01/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 101.53
Rule
				Amplifies: 101.53
Prior
				Effective Dates: 1/1/01
Ohio Administrative Code › Title 107 - Governor's Residence Advisory Commission › Chapter 107-2 - Accessing Confidential Personal Information › Section 107-2-02 - 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 governor's office shall do the following:
(A)
								 Criteria for
			 accessing confidential personal information. Personal information systems of
			 the governor's office are managed on a "need-to-know" basis whereby the
			 information owner determines the level of access required for an employee of
			 the governor's office 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 governor's office 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 governor's office, the governor's office 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 governor's office has no
			 confidential personal information about the individual that is responsive to
			 the individual's request.