reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-4 - Dispute Resolution Programs for Settlement of New Motor Vehicle Warranty Disputes › Section 109:4-4-02 - Option to establish informal dispute settlement boards

Current through all regulations passed and filed through July 1, 2024
(A) One or more
			 warrantors may establish an informal dispute settlement board.
(B) If the board meets the requirements of
			 this rule and the application procedures set forth in Chapter 109:4-5 of the
			 Administrative Code, the attorney general shall qualify the board as to
			 complying warrantors.
(C) Nothing
			 contained in this chapter shall preclude the consumer from electing among
			 available qualifying boards for purposes of satisfying the requirements of the
			 act.
R.C.
				119.032 review dates:
				03/17/2014 and
				03/16/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 1345.77
Rule
				Amplifies: 1345.77
Prior
				Effective Dates: 11/29/87
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-4 - Dispute Resolution Programs for Settlement of New Motor Vehicle Warranty Disputes › Section 109:4-4-03 - Duties of warrantor

Current through all regulations passed and filed through July 1, 2024
(A) In order to qualify a board to hear its
			 warranty disputes, a warrantor must comply with the provisions of this rule.
(B) The warrantor shall not
			 incorporate into the terms of a written warranty a board that fails to comply
			 with the requirements contained in this chapter. This paragraph shall not
			 prohibit a warrantor from incorporating into the terms of a written warranty
			 the step-by-step procedure which the consumer should follow in order to obtain
			 performance under the warranty.
(C) The warrantor shall disclose clearly and
			 conspicuously at least the following information on the face of the written
			 warranty and on a sign posted in a conspicuous place within that area of the
			 warrantor's agent's place of business to which consumers are directed by the
			 warrantor:
(1) A statement of the
			 availability of the board;
(2) The
			 board's name, address, and a telephone number which consumers may use without
			 charge;
(3) A statement of the
			 requirement that the consumer resort to a qualified board before initiating a
			 legal action under the act, together with a disclosure that, if a consumer
			 chooses to seek redress by pursuing rights and remedies not created by the act,
			 resort to the board would not be required by any provision of the act. This
			 statement will be deemed to be disclosed if the warrantor or the warrantor's
			 agent either posts a sign in a conspicuous place, or gives the consumer a
			 separate form at the time of the initial face-to-face contact, which clearly
			 and conspicuously contains the following language in boldface ten point type:
"NOTICE
OHIO LAW REQUIRES YOU TO USE A QUALIFIED ARBITRATION PROGRAM
				BEFORE SUING THE MANUFACTURER OVER NEW CAR WARRANTY DISPUTES. FAILURE TO
				ARBITRATE YOUR CLAIM MAY PRECLUDE YOU FROM MAINTAINING A LAWSUIT UNDER SECTION
				 1345.75  OF THE REVISED CODE."
(4) A statement, if
			 applicable, indicating where further information about the board can be found
			 in materials accompanying the motor vehicle, as provided in paragraph (D) of
			 this rule.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-4 - Dispute Resolution Programs for Settlement of New Motor Vehicle Warranty Disputes › Section 109:4-4-04 - Minimum requirements of the board

Current through all regulations passed and filed through July 1, 2024
(A) Board organization
(1) The board shall be funded and competently
			 staffed at a level sufficient to ensure fair and expeditious resolution of all
			 disputes, and shall not charge consumers any fee for use of the board.
(2) The warrantor, the sponsor of
			 the board (if other than the warrantor), and the board shall take all steps
			 necessary to ensure that the board and its arbitrators and staff are
			 sufficiently insulated from the warrantor and the sponsor, so that the
			 decisions of the arbitrators and the performance of the staff are not
			 influenced by either the warrantor or the sponsor. Necessary steps shall
			 include, at a minimum, committing funds in advance of submission of disputes,
			 basing personnel decisions solely on merit, and not assigning conflicting
			 warrantor or sponsor duties to board staff persons. The board shall collect and
			 maintain detailed information relating to any interest and involvement of the
			 arbitrators in the manufacture, distribution, sale or service of any motor
			 vehicle.
(3) The board shall
			 impose any other reasonable requirements necessary to ensure that the
			 arbitrators and staff act fairly and expeditiously in each dispute.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-4 - Dispute Resolution Programs for Settlement of New Motor Vehicle Warranty Disputes › Section 109:4-4-05 - Repair orders for new motor vehicles services or repairs

Current through all regulations passed and filed through July 1, 2024
(A) This rule is
			 designed to define with reasonable specificity the information required to be
			 provided under division (B) of section
			  1345.74  of the Revised Code so
			 that consumers may be on notice of any and/or all nonconformities and receive
			 itemized statements of repairs performed or attempted.
(B) In order to comply with the mandates of
			 division (B) of section
			  1345.74  of the Revised Code,
			 each time the motor vehicle of the consumer is returned from being serviced or
			 repaired, the supplier shall provide the consumer with a copy of a form,
			 completed in a clear and legible manner, whether or not any repair is performed
			 which:
(1) Is in full compliance with rule 109:4-3-13 of  the Administrative Code; and
(2) Lists
			 the consumer's description of the problem or symptom he or she is experiencing,
			 accompanied by the consumer's signature or initials acknowledging the accuracy
			 of the description; and
(3)
			 Identifies the person performing or attempting the repair or service on the
			 specific problem or symptom listed in paragraph (B)(2) of this rule; and
(4) Specifically states the
			 technical diagnosis and all repairs performed or attempted in regard to the
			 problem or symptom listed in paragraph (B)(2) of this rule.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-5 - Informal Dispute Resolution Mechanisms for Settlement of New Motor Vehicle Warranty Disputes › Section 109:4-5-01 - Authority, construction and purposes of rules severability; definitions

Current through all regulations passed and filed through July 1, 2024
(A) Authority,
			 rules of construction, purposes
(1) This
			 chapter is adopted by the office of the attorney general of Ohio pursuant to
			 division (A) of section
			  1345.77  and Chapter 119. of the
			 Revised Code.
(2) Without limiting
			 the scope of any section of the Revised Code or any other rule, this chapter
			 shall be liberally construed and applied to promote their purposes and
			 policies.
(3) The purposes and
			 policies of this chapter are to:
(a) Define
			 with reasonable specificity the process for the qualification of informal
			 dispute settlement mechanisms for the resolution of new motor vehicle warranty
			 disputes between the consumer and the manufacturer or its agents.
(b) Encourage the establishment and
			 qualification of dispute resolution mechanisms for settlement of new motor
			 vehicle warranty disputes.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-5 - Informal Dispute Resolution Mechanisms for Settlement of New Motor Vehicle Warranty Disputes › Section 109:4-5-03 - Review of application

Current through all regulations passed and filed through July 1, 2024
(A) Upon receipt of a completed application,
			 the attorney general shall direct his staff to prepare a report reviewing the
			 operation of the board in view of the requirements of the act and Chapter
			 109:4-4 of the Administrative Code, and to recommend an appropriate ruling on
			 the application.
(B) After receipt
			 of the staff report and independent review of the application, the attorney
			 general shall issue a written decision to the applicant within sixty days of
			 receipt of the application, setting forth the basis therefor, whether the
			 applicant will be a qualified board, a provisionally qualified board for such
			 time and upon such conditions as may be specified, or whether the application
			 will be denied. Such decision will be a matter of public record.
R.C.
				119.032 review dates:
				03/17/2014 and
				03/16/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 1345.77
Rule
				Amplifies: 1345.77
Prior
				Effective Dates: 11/29/87
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-5 - Informal Dispute Resolution Mechanisms for Settlement of New Motor Vehicle Warranty Disputes › Section 109:4-5-04 - Provisionally qualified boards

Current through all regulations passed and filed through July 1, 2024
(A) Provisional qualification shall be
			 available only for those boards which have not conducted sufficient operations
			 in Ohio under the terms of the act and Chapter 109:4-4 of the Administrative
			 Code, prior to submitting an application, so as to permit the submission of a
			 complete application.
(B)
			 Applicants for provisional qualification shall complete as much of the
			 application as possible, supplementing Ohio information and records with
			 comparable documents and statistics from one or more other states, if
			 available.
(C) All applicants for
			 provisional qualification shall clearly so state on the face of the
			 application.
(D) In the event
			 provisional qualification is granted, it shall continue for a period of one
			 year. Following nine months of operation as a provisionally qualified board,
			 such board shall update its original application with the statistics and
			 materials required in an application under this chapter, reflecting the
			 nine-month operating period, to reapply for approval as a qualified board.
(E) After review of the
			 application as provided in paragraph (A) of rule 109:4-5-03 of  the Administrative Code, the attorney general shall announce a decision in the same manner as provided for in rule 109:4-5-03 of  the Administrative Code.
R.C.
				119.032 review dates:
				03/17/2014 and
				03/16/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 1345.77
Rule
				Amplifies: 1345.77
Prior
				Effective Dates: 11/29/87
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-5 - Informal Dispute Resolution Mechanisms for Settlement of New Motor Vehicle Warranty Disputes › Section 109:4-5-05 - Continuing obligations of qualified boards

Current through all regulations passed and filed through July 1, 2024
(A) A qualified board shall promptly inform
			 the attorney general of any changes in the information submitted in its
			 application pursuant to paragraph (B) of rule 109:4-5-02 or  paragraph (D) of rule 109:4-5-04 of  the Administrative Code and supply copies of such changes or requisite information.
(B) A qualified board shall submit
			 annually, to the attorney general, copies of the annual audit required by
			 paragraph (E) of rule 109:4-4-04 of  the Administrative Code, and, semiannually, the statistics required to be compiled under paragraphs (D)(5) and (D)(6) of rule 109:4-4-04 of  the Administrative Code.
(C) A
			 qualified board shall supply for review, upon request of the attorney general,
			 any additional statistics, records or documents which must be compiled or
			 prepared pursuant to rule 109:4-4-04 of  the Administrative Code.
R.C.
				119.032 review dates:
				03/17/2014 and
				03/16/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 1345.77
Rule
				Amplifies: 1345.77
Prior
				Effective Dates: 11/29/87
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-6 - Telemarketing Registration and Enforcement › Section 109:4-6-01 - Construction and purpose of rules; severability; definitions

Current through all regulations passed and filed through July 1, 2024
(A)
(1) These substantive rules (rule 109:4-6-01 of  the Administrative Code, etc.) are adopted by the office of the attorney general
			 pursuant to section  4719.10  of the Telephone
			 Solicitation Sales Act and Chapter 119. of the Revised Code. Without limiting
			 the scope of any section of the Revised Code, these rules shall be liberally
			 construed and applied to promote their purposes and policies.
(2) The purposes and policies of these rules
			 are to:
(a) Implement the registration
			 requirements contained in section
			  4719.02  of the Revised Code;
(b) Set forth registration fees;
(c) Create the telemarketing
			 registration and enforcement unit in the office of the attorney general,
			 consumer protection section.
(b)
			 Each rule and every part of each rule is an independent rule and part of a
			 rule, and the holding of any rule or part of a rule to be unconstitutional,
			 void, or ineffective for any cause does not affect the validity or
			 constitutionality of any other rule or part of a rule.
(c) As used in these rules:
(1) "Telephone
			 solicitor" shall have the same meaning as set forth in division (A) of section
			  4719.01  of the Revised Code.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-6 - Telemarketing Registration and Enforcement › Section 109:4-6-02 - Telemarketing registration and enforcement unit

Current through all regulations passed and filed through July 1, 2024
There is hereby created, in the office of the attorney general,
				consumer protection section, the telemarketing registration and enforcement
				unit. The telemarketing registration and enforcement unit is charged with
				administering the registration requirements of sections
				 4719.02  and
				 4719.03  of the Revised Code
				including, but not limited to the following:
(A) Developing and updating forms for initial
			 and renewal applications for registration;
(B) Reviewing and investigating applications
			 for registration;
(C) Granting or
			 denying completed applications for registration in a timely manner;
(D) Notifying each registered telephone
			 solicitor of the pending expiration of the current registration not less than
			 sixty days prior to the expiration of the registration and providing the
			 telephone solicitor with renewal forms;
(E) Collecting, organizing and maintaining as
			 public records, with the exception of items specifically exempted by division
			 (E) of Section  4719.02  of the Revised Code, all
			 information gathered about telephone solicitors through the registration
			 process, including information gathered during investigation of applications
			 for registration;
(D) Maintaining
			 copies of bonds filed with the attorney general as required by division (A) of
			 section  4719.04  of the Revised Code.
(E) Receiving and filing written
			 notices of cancellation provided by surety companies under division (C) of
			 section  4719.04  of the Revised Code.
(F) Providing to surety companies
			 information concerning complaints received against telephone solicitors as
			 required by division (D) of section
			  4719.04  of the Revised Code.
R.C.
				119.032 review dates:
				03/19/2014 and
				03/16/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 4719.10
Rule
				Amplifies: 4719.02,
				4719.03
Prior
				Effective Dates: 11/7/01, 11/8/95
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-6 - Telemarketing Registration and Enforcement › Section 109:4-6-03 - Place of filing

Current through all regulations passed and filed through July 1, 2024
All initial registration forms and annual renewal forms,
				together with the applicable filing fees, and all correspondence relating
				thereto shall be directed to the "Ohio Attorney General, Consumer Protection
				Section, Telemarketing Registration and Enforcement Unit, 30 East Broad Street,
				Columbus, Ohio 43215-3428."
R.C.
				119.032 review dates:
				03/19/2014 and
				03/16/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 4719.10
Rule
				Amplifies: 4719.02,
				4719.03
Prior
				Effective Dates: 03/16/2009,
				03/16/2014
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-6 - Telemarketing Registration and Enforcement › Section 109:4-6-04 - Registration fees

Current through all regulations passed and filed through July 1, 2024
The initial registration fee and the annual renewal fee to be
				included with any application for registration or renewal of registration as
				required by section  4719.02  of the Revised Code
				shall be two hundred fifty dollars, payable with submission of the application
				for registration or renewal. The fee shall be in the form of a certified check
				or money order made payable to "Ohio Attorney General." The fee is
				non-refundable.
R.C.
				119.032 review dates:
				03/19/2014 and
				03/16/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 4719.10
Rule
				Amplifies: 4719.02,
				4719.03
Prior
				Effective Dates: 11/7/01, 11/8/95
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-6 - Telemarketing Registration and Enforcement › Section 109:4-6-05 - Period of registration; renewals

Current through all regulations passed and filed through July 1, 2024
(A) A certificate of registration, which
			 shall be in effect for a period of one year, shall be issued to telephone
			 solicitors who have made application for registration as required by section
			  4719.02  of the Revised Code and
			 whose application has been reviewed and approved by the attorney general. The
			 attorney general shall act within thirty days of receipt of a fully completed
			 application for registration or renewal by either issuing the certificate of
			 registration or notifying the applicant of the right to a hearing on the denial
			 of registration. If an application is incomplete in any respect, the attorney
			 general shall return the incomplete application to the applicant and inform the
			 applicant of the matter necessary to complete the application.
(B) Not less than sixty days prior to the
			 expiration of a certificate of registration, the attorney general shall mail to
			 the registered telephone solicitor, by regular mail to the last address
			 provided to the attorney general by the telephone solicitor, a notice of
			 expiration of registration, along with the forms necessary for the telephone
			 solicitor to apply for renewal of the certificate of registration. Failure on
			 the part of the attorney general to mail a notice of expiration of registration
			 or renewal forms to a registered telephone solicitor, shall not relieve the
			 telephone solicitor, in any way, of its obligation to timely apply for renewal
			 of its certificate of registration and shall in no way affect the expiration of
			 a certificate of registration previously issued.
(C) A telephone solicitor seeking renewal of
			 its certificate of registration shall apply for renewal not less than thirty
			 days prior to the expiration of its current certificate of registration. The
			 failure to make application for renewal not less than thirty days prior to the
			 expiration of the current certificate of registration may result in the lapse
			 of registration if the attorney general is unable to complete review of the
			 application for renewal prior to expiration of the current certificate of
			 registration.
R.C.
				119.032 review dates:
				03/19/2014 and
				03/16/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 4719.10
Rule
				Amplifies: 4719.02,
				4719.03
Prior
				Effective Dates: 11/7/01, 11/8/95
Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-1 - Criminal Records and Electronic Monitoring Devices › Section 109:5-1-01 - Procedure for requesting criminal records

Current through all regulations passed and filed through July 1, 2024
(A) Any person may
			 obtain information concerning the criminal record of any other person
			 maintained at the bureau of criminal identification and investigation by
			 submitting the following:
(1) The complete
			 name, current address, and other identifying characteristics of the individual
			 whose records are sought;
(2) A
			 complete set of fingerprints of the individual whose records are
			 sought;
(3) The signed consent of
			 the individual whose records are sought;
(4) A  check, money order, or electronic payment
			 in the amount of twenty-two dollars made payable to the "Treasurer of State of
			 Ohio." Law enforcement officers as defined in  section
			  2901.01 
			 of the Revised Code will be exempt from this fee.
Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-1 - Criminal Records and Electronic Monitoring Devices › Section 109:5-1-03 - Procedure for requesting and processing a search of the retained applicant fingerprint database

Current through all regulations passed and filed through July 1, 2024
(A) The bureau of criminal identification and
			 investigation shall maintain a retained fingerprint database as defined in
			 section
			  109.5721 
			 of the Revised Code including names, addresses, and fingerprints of individuals
			 on whom the bureau has conducted a criminal record check for the purposes of
			 determining eligibility for employment, licensure, approval for adoption or
			 volunteer service.
(B) An entity
			 that is required by statute to submit fingerprints and criminal record requests
			 pursuant to division (E) of section
			  109.572 
			 of the Revised Code may elect to participate in the continuous record
			 monitoring service. When the superintendent receives records under section
			  109.57 
			 of the Revised Code that indicate an individual in the retained applicant
			 fingerprint database has been arrested or convicted of a crime, the
			 superintendent shall promptly notify the employer either electronically or via
			 mail that additional arrest or conviction information is available.
(C) The employer may contact the bureau of
			 criminal identification and investigation for detailed information regarding
			 this notification.
(D) The
			 superintendent of the bureau of criminal identification and investigation shall
			 charge an initial fee of five dollars for each individual entered into the
			 retained applicant fingerprint database and an annual fee of five dollars
			 thereafter. The payment must be in the form of a business check, money order,
			 or electronic payment made payable to the "Treasurer of State of Ohio."
(E) The information the
			 superintendent of the bureau of criminal identification and investigation
			 provides to participating entities pursuant to section
			  109.5721 
			 of the Revised Code and or this rule, may only be used for purposes authorized
			 by law.
Five Year Review (FYR) Dates:
				1/8/2018 and
				01/08/2023
Promulgated
				Under:
				 119.03
Statutory Authority:
				 109.5721
Rule Amplifies:
				 109.5721
Prior Effective Dates:
				01/01/2008
Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-1 - Criminal Records and Electronic Monitoring Devices › Section 109:5-1-04 - Operation and maintenance of the retained applicant fingerprint database

Current through all regulations passed and filed through July 1, 2024
(A)
			 An entity shall enroll individuals into the retained applicant fingerprint
			 database by submitting the civilian background check authentication number or
			 the name, date of birth and social security number of the employee or licensee.
(B) Upon receipt of the
			 information referred to in paragraph (A) of this rule, the bureau of criminal
			 identification and investigation shall immediately enter the information into
			 the retained applicant fingerprint database.
(C) The participating entity is responsible
			 for sending updated information, in an electronic format, to the bureau of
			 criminal identification and investigation on individuals who are deceased or
			 are no longer employed, licensed, certified or otherwise approved by that
			 entity.
(D) Upon receipt of such
			 information referred to in paragraph (C) of this rule, the bureau of criminal
			 identification and investigation shall promptly delete the individual's records
			 from the retained applicant fingerprint database.
Five Year Review (FYR) Dates:
				1/8/2018 and
				01/08/2023
Promulgated
				Under:
				 119.03
Statutory Authority:
				 109.5721
Rule Amplifies:
				 109.5721
Prior Effective Dates:
				01/01/2008
Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-2 - Registration of Sex Offenders; Notifications › Section 109:5-2-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
			 "Registrant" means an adult offender or delinquent child who has been convicted
			 of, pleaded guilty to, or been adjudicated delinquent for committing a sexually
			 oriented or child-victim oriented offense that is not a registration-exempt
			 offense, and who has a duty to register pursuant to section
			  2950.04 
			 or
			  2950.041 
			 of the Revised Code.
(B) "Person
			 subject to community notification" means a person listed under division (F)(1) of section
			  2950.11 
			 of the Revised Code.
(C)
			 "Person subject to victim notification" means a person
			 listed under division (B)(1) of section
			  2950.10 
			 of the Revised Code.
(D)
			 "Adjacent" means next to, abutting, or bordering on.
(E) "BCI&I" means the bureau of criminal
			 identification and investigation.
(F) All terms that are defined in section
			  2950.01 
			 of the Revised Code have the same meanings when used in this chapter and in the
			 forms prescribed by the attorney general pursuant to division (A) of section
			  2950.13 
			 of the Revised Code.
Five Year Review (FYR) Dates:
				08/21/2015 and
				08/21/2020
Promulgated
				Under:
				 119.03
Statutory Authority:
				 2950.13(A)(2),
				 2950.13(A)(10)
Rule Amplifies:
				 2950.11(A),
				 2950.13(A)
Prior Effective Dates: 7/1/97, 4/13/02,
				8/16/10
Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-2 - Registration of Sex Offenders; Notifications › Section 109:5-2-03 - Community notification

Current through all regulations passed and filed through July 1, 2024
(A) As used in this chapter, and in section
			  2950.11 
			 of the Revised Code, "Specified Geographical Notification Area" means the
			 school district, as classified and defined in Chapter 3311. of the Revised
			 Code, within which the person who is subject to community notification pursuant
			 to section 2950.11 of the Revised Code, resides, is employed, or
			 attends a school or institution of higher education.
(B) If any registered residence, employment,
			 school, or institution of higher education address of the person subject to
			 community notification pursuant to section 2950.11 of the
			 Revised Code is located within one mile of an adjacent school district, the
			 sheriff with whom the registrant has most recently registered any such address
			 may, in the interest of public safety, provide a written notice within seven
			 days to any persons described in divisions (A)(2) to (A)(8) of section
			  2950.11 
			 of the Revised Code who are located within such adjacent school district.
(C) Unless otherwise specified,
			 any requirement in section
			  2950.11 
			 of the Revised Code that a sheriff provide written notice within a specified
			 time period is met if the notice is placed in the mail within the specified
			 time period.
(D) In any county
			 where a registrant does not reside, but does register an address of employment,
			 school, or institution of higher learning, the sheriff of that county, in order
			 to comply with division (A) of section
			  2950.11 
			 of the Revised Code, is only required to send the notices listed in divisions
			 (A)(2) to (A)(8) of section
			  2950.11 
			 of the Revised Code.
Five Year Review (FYR) Dates:
				08/21/2015 and
				08/21/2020
Promulgated
				Under:
				 119.03
Statutory Authority:
				 2950.11(A),
				 2950.11(B),
				 2950.11(C),
				 2950.13(B)
Rule Amplifies:
				 2950.081(B),
				 2950.13(A)(9),
				 2950.11(A),
				 2950.11(D)
Prior Effective Dates: 7/1/97, 4/13/02,
				8/16/10
Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-2 - Registration of Sex Offenders; Notifications › Section 109:5-2-06 - Lists to be compiled, maintained, and updated

Current through all regulations passed and filed through July 1, 2024
(A) The department
			 of education shall compile, maintain, and update in January and July of each
			 year the following information:
(1) The name,
			 address and telephone number of each school district, by county, and the name
			 of the superintendent of the board of education of each school district, and
			 the fax number of said individual, if one is available;
(2) The name, address and telephone number of
			 each chartered nonpublic school, by county, and the name of the appointing or
			 hiring officer of each chartered nonpublic school, and the fax number of said
			 individual, if one is available;
(3) The name, address and telephone number of
			 each licensed preschool program, by county, and the name of the director, head
			 teacher or elementary principal of each preschool program, and the fax number
			 of said individual, if one is available.
Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-3 - Incompetency Records › Section 109:5-3-01 - Procedure for reporting incompetency records

Current through all regulations passed and filed through July 1, 2024
(A) Not later than
			 seven (7) days after a person is found to be a mentally ill person subject to
			 hospitalization by court order or becomes an involuntary patient other than one
			 who is a patient only for purposes of observation, the probate judge who made
			 the adjudication or the chief clinical officer of the hospital, agency, or
			 facility in which the person is an involuntary patient shall transmit this form
			 to the bureau of criminal identification and investigation.
(B) The foregoing shall be submitted to the
			 bureau of criminal identification and investigation in one of the following
			 ways:
(1) Through the mail to the "Bureau of
			 Criminal Identification and Investigation, P.O. Box 365, London, Ohio 43140."
(2) Electronically in a format
			 designated by the superintendent.
Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-4 - Civil Sexual Abuse Registry › Section 109:5-4-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								 "Registrant" means a person against whom a court has
			 entered a declaratory judgment under section
			  2721.21 
			 of the Revised Code and issued an order that the person be listed on the civil
			 childhood sexual abuse registry maintained by the attorney general pursuant to
			 section
			  3797.08 
			 of the Revised Code, unless the person has had the classification removed under
			 division (F) of section
			  2721.21 
			 of the Revised Code.
(B)
								 "Person subject to community notification" means a
			 registrant who has not had the community notification requirement removed
			 pursuant to division (G) of section
			  3797.06 
			 of the Revised Code.
(C)
								 "Adjacent" means next to, abutting, or bordering
			 on.
(D)
								 "BCI&I" means the bureau of criminal
			 identification and investigation.
(E)
								 All terms that
			 are defined in section
			  3797.01 
			 of the Revised Code have the same meanings when used in this chapter and in the
			 forms prescribed by the attorney general pursuant to division (A) of section
			  3797.08 
			 of the Revised Code.
Five Year Review (FYR) Dates:
				11/08/2016 and
				11/08/2021
Promulgated
				Under:
				 119.03
Statutory Authority:
				 3797.08(A)
Rule Amplifies:
				 3797.07,
				 3797.08
Prior Effective Dates:
				01/01/2007
Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-4 - Civil Sexual Abuse Registry › Section 109:5-4-02 - Completion and transmittal of forms and information

Current through all regulations passed and filed through July 1, 2024
(A)
								 Use of forms, forwarding, and transmittal to
			 BCI&I:
(1)
									
			 Registration of residence and employment- The sheriff shall use the
			 registration form prescribed by the attorney general as set forth in appendix A
			 to obtain the information required by section
			  3797.07 
			 of the Revised Code. The sheriff shall photograph the registrant at the time of
			 registration. The sheriff shall verify the identity of the registrant by valid
			 driver's license or state identification card. The completed forms shall be
			 mailed to: "Ohio Bureau of Criminal Identification and Investigation, attn:
			 Administrator for Civil Childhood Sexual Abuse Registry, P.O. Box 365, London,
			 OH 43140." The sheriff shall enter the information required by section
			  3797.07 
			 of the Revised Code into the state registry created pursuant to division (C) of
			 section
			  3797.08 
			 of the Revised Code using electronic means provided by the superintendent of
			 BCI&I.
(2)
									 Intent to reside and change of address - The sheriff
			 shall use the intent to reside and change of address form prescribed by the
			 attorney general as set forth in appendix B to obtain the information required
			 by section
			  3797.03 
			 of the Revised Code. The sheriff shall enter the information required by
			 section
			  3797.03 
			 of the Revised Code into the state registry created pursuant to division (C) of
			 section
			  3797.08 
			 of the Revised Code, using electronic means provided by the superintendent of
			 BCI&I.
(3)
									 Periodic verification of current address - The sheriff
			 shall use the verification form prescribed by the attorney general as set forth
			 in appendix C to obtain the information required by section
			  3797.04 
			 of the Revised Code. The sheriff shall enter the information required by
			 section
			  3797.04 
			 of the Revised Code into the state registry created pursuant to division (C) of
			 section
			  3797.08 
			 of the Revised Code, using electronic means provided by the superintendent of
			 BCI&I.
(4)
									 Notice of termination of civil registrant
			 classification - If a judge issues an order terminating the classification of a
			 person as a civil registrant pursuant to division (F) of section
			  2721.21 
			 of the Revised Code, the judge or magistrate shall notify BCI&I by mailing
			 a copy of the order to "Ohio Bureau of Criminal Identification and
			 Investigation, attn: Administrator for the Civil Childhood Sexual Abuse
			 Registry, P.O. Box 365, London, OH 43140."
Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-4 - Civil Sexual Abuse Registry › Section 109:5-4-03 - Community notification

Current through all regulations passed and filed through July 1, 2024
(A)
								 As used in these
			 rules, and in section
			  3797.06 
			 of the Revised Code, "Specified Geographical Notification Area" means the
			 school district, as classified and defined in Chapter 3311. of the Revised
			 Code, within which the person who is subject to community notification pursuant
			 to section
			  3797.06 
			 of the Revised Code resides or is employed.
(B)
								 If any
			 registered residence or employment address of the person subject to community
			 notification pursuant to section
			  3797.06 
			 of the Revised Code is located within one mile of an adjacent school district,
			 the sheriff with whom the registrant has most recently registered any such
			 address may, in the interest of public safety, provide a written notice within
			 seven days to any persons described in divisions (A)(2) to (A)(9) of section
			  3797.06 
			 of the Revised Code who are located within such adjacent school district.
(C)
								
			 Unless otherwise specified, any requirement in section
			  3797.06 
			 of the Revised Code that a sheriff provide written notice within a specified
			 time period is met if the notice is placed in the mail within the specified
			 time period.
(D)
								 In any county where a registrant does not reside, but
			 does register an address of employment, the sheriff of that county, in order to
			 comply with division (A) of section
			  3797.06 
			 of the Revised Code, is only required to send the notices listed in divisions
			 (A)(2) to (A)(8) of section
			  3797.06 
			 of the Revised Code.
Five Year Review (FYR) Dates:
				11/08/2016 and
				11/08/2021
Promulgated
				Under:
				 119.03
Statutory Authority:
				 3797.08(A)
Rule Amplifies:
				 3797.06,
				 3797.07,
				 3797.08
Prior Effective Dates:
				01/01/2007
Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-4 - Civil Sexual Abuse Registry › Section 109:5-4-05 - Lists to be compiled, maintained, and updated

Current through all regulations passed and filed through July 1, 2024
(A)
								 The department of education shall compile, maintain,
			 and update in January and July of each year the following information:
(1)
									 The name,
			 address and telephone number of each school district, by county, and the name
			 of the superintendent of the board of education of each school district, and
			 the fax number of said individual, if one is available;
(2)
									 The name,
			 address and telephone number of each chartered nonpublic school, by county, and
			 the name of the appointing or hiring officer of each chartered nonpublic
			 school, and the fax number of said individual, if one is available;
(3)
									 The
			 name, address and telephone number of each licensed preschool program, by
			 county, and the name of the director, head teacher or elementary principal of
			 each preschool program, and the fax number of said individual, if one is
			 available.
Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-5 - DNA Database › Section 109:5-5-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
When used in Chapter 109:5-5 of the
				Administrative Code:
(A)
								 "DNA analysis," "DNA database," "DNA record" and "DNA
			 specimen" have the same meanings as in section
			  109.573 
			 of the Revised Code.
(B)
								 "Computerized criminal history" means bureau of
			 criminal identification and investigation's fingerprint-based criminal history
			 database records collected, maintained and disseminated pursuant to sections
			  109.57,
			  109.571 
			 and
			  109.60 
			 of the Revised Code, including records maintained or received through the Ohio
			 law enforcement gateway database, the Ohio law enforcement automated data
			 system and livescan data system.
(C)
								 "Agency" and
			 "agencies" means law enforcement agencies and criminal justice agencies that
			 are authorized to collect arrestee and convicted offender DNA samples under
			 section
			  2901.07 
			 of the Revised Code.
Five Year Review (FYR) Dates:
				09/28/2016 and
				09/28/2021
Promulgated
				Under:
				 119.03
Statutory Authority: R.C.
				 109.573(H),
				R.C.
				 2901.07(C)
Rule Amplifies: R.C.
				 109.573,
				R.C.
				 2901.07
Prior Effective Dates:
				10/08/2011
Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-5 - DNA Database › Section 109:5-5-02 - Arrestee and convicted offender DNA collection and submission procedures

Current through all regulations passed and filed through July 1, 2024
(A)
								 When collecting arrestee and convicted offender DNA
			 samples pursuant to section
			  2901.07 
			 of the Revised Code, law enforcement and criminal justice agencies shall:
Verify the arrestee/offender's identity
				via demographic and fingerprint data.
(1)
									 To verify the
			 identity of the individual via demographic data, agencies should obtain and
			 compare data on government-issued photo identification and demographic data
			 stored in a law enforcement database with computerized criminal history access,
			 such as OHLEG or LEADS.
(2)
									 To verify the arrestee/offender's identity via
			 fingerprint data, agencies should submit the individual's fingerprints through
			 a law enforcement system with automated fingerprint identification system
			 access, such as livescan or rapid ID and obtain automated fingerprint
			 comparison results from the system.
Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-6 - Arson Offender Registry › Section 109:5-6-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								 "BCI&I" means the bureau of criminal
			 identification and investigation.
(B)
								 "Registry" means
			 the registry created by BCI&I pursuant to division (E)(2) of section
			  2909.15 
			 of the Revised Code.
(C)
								 All terms that are defined in section
			  2909.13 
			 of the Revised Code have the same meanings when used in this
			 chapter.
Five Year Review (FYR) Dates:
				6/27/2018 and
				06/27/2023
Promulgated
				Under:  119.03
Statutory
				Authority: R.C.  2909.14(D),
				R.C.  2909.15(D)
Rule Amplifies: R.C.
				 2909.14, R.C.
				 2909.15
Prior
				Effective Dates: 06/27/2013
Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-6 - Arson Offender Registry › Section 109:5-6-02 - Transmittal of notices

Current through all regulations passed and filed through July 1, 2024
(A)
								 Notice of
			 registration duties to sheriff of the county where the arson offender intends
			 to reside - The judge, official or official's designee required to provide
			 notice of the duty to register to an arson offender under division (A) of
			 section
			  2909.14 
			 of the Revised Code shall determine the county in which the arson offender
			 intends to reside and mail a copy of the signed notice prescribed by the
			 attorney general to the sheriff of that county, unless the person providing
			 notice is the sheriff of the county in which the arson offender intends to
			 reside. If the person providing the notice is the sheriff of the county in
			 which the arson offender intends to reside, that sheriff shall retain a copy of
			 the signed notice.
(B)
								 Notice of confinement of registered arson offender or
			 out-of-state arson offender - The official in charge of a jail, workhouse,
			 state correctional institution, or other institution shall notify the attorney
			 general if a registered arson offender or out-of-state arson offender is
			 confined in the jail, workhouse, state correctional institution or other
			 institution by entering the information into the registry using electronic
			 means provided by the superintendent of BCI&I.
Five Year Review (FYR) Dates:
				6/27/2018 and
				06/27/2023
Promulgated
				Under:  119.03
Statutory
				Authority:  2909.14(D),
				 2909.15(D)
Rule Amplifies:
				 2909.14,
				 2909.15
Prior
				Effective Dates: 06/27/2013
Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-7 - Confidential Address › Section 109:5-7-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								"BCI" means the bureau of criminal identification and
			 investigation.
(B)
								"Program" means the confidential address program
			 created by BCI pursuant to section
			  109.57 
			 of the Revised Code.
Effective:
				5/5/2018
Five Year Review (FYR) Dates:
				05/05/2023
Promulgated
				Under:
				 119.03
Statutory Authority:
				 109.57
Rule Amplifies:
				 111.41 
				to
				 111.47,
				 111.99
Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-7 - Confidential Address › Section 109:5-7-02 - Confidential address program

Current through all regulations passed and filed through July 1, 2024
(A)
								The Ohio law
			 enforcement gateway shall contain the name, confidential address, and telephone
			 number of program participants in the address confidentiality program
			 established under sections
			  111.41 
			 to
			  111.47  of the Revised
			 Code.
(B)
								The Ohio law enforcement gateway shall obtain the
			 names, confidential addresses, and telephone numbers of participants in the
			 program from the secretary of state.
(C)
								Program
			 participation is presumptively valid for four years, and may be subject to
			 renewal. BCI will maintain a participant's information in the program until
			 notified by the secretary of state that an individual's participation has
			 expired or has been terminated or invalidated.
(D)
								Access to program
			 information shall be granted only to chiefs of police, village marshals, county
			 sheriffs, county prosecuting attorneys, and a designee of each of these
			 individuals.
(E)
								Access may be granted to a city director of law of
			 similar chief legal officer upon an order of the court of common pleas of
			 Franklin county pursuant to section
			  111.46 
			 of the Revised Code.
(F)
								No person who has access to a confidential address or
			 telephone number because of the person's employment or official position shall
			 knowingly disclose that confidential address or telephone number to any person,
			 except as required by law.
(G)
								No person who
			 obtains a confidential address or telephone number from the Ohio law
			 enforcement gateway shall knowingly disclose that confidential address or
			 telephone number to any person, except as is necessary for a law enforcement
			 purpose when related to the performance of official duties, or for another
			 legitimate governmental purpose.
(H)
								Access to OHLEG
			 logs a user off after nineteen minutes of inactivity.
(I)
								Unauthorized
			 access or misuse of OHLEG is a violation of division (D) of section
			  2913.04  of the Revised Code,
			 constitutes a fifth degree felony of the fifth degree.
Effective:
				5/5/2018
Five Year Review (FYR) Dates:
				05/05/2023
Promulgated
				Under:
				 119.03
Statutory Authority:
				 109.57
Rule Amplifies:
				 111.41 
				to
				 111.47,
				 111.99
Ohio Administrative Code › Title 109:6 - Environmental Background Investigation › Chapter 109:6-1 - Background Investigation Requirements for Waste Treatment and Disposal Facilities › Section 109:6-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in Chapter 109:6-1 of the Administrative Code:
(A) "Applicant" for purposes of this chapter
			 means any person:
(1) Seeking a permit, other
			 than a permit modification, or license for an off-site facility;
(2) Holding a permit or license for an
			 off-site facility;
(3) A
			 prospective owner of an off-site facility; or
(4) Any person or business concern operating
			 a facility for an applicant or permittee.