reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-1 - General Provisions › Section 123:5-1-17 - First and second requisite procurement program

Current through all regulations passed and filed through July 1, 2024
(A)
			 Unless otherwise exempt by the Revised Code:
(1) All state agencies wanting to purchase
			 goods or services shall follow all policies and
			 prodedures established by the department of administrative services
			 ("the department") including
									those
			 governing purchasing from requisite procurement programs.
(2) The department director  or the director's designee may
			 issue a blanket waiver to all state agencies for specific types of purchases,
			 thereby exempting such purchases from the provisions of this rule. The blanket waiver may be for
			 any length of time, not to exceed the current biennium.
(3) All state agencies
			 will comply with sections
			 125.609 and
			 5147.07 of the Revised Code for
			 the purchase of goods or services regardless of
			 purchase price.
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-1 - General Provisions › Section 123:5-1-18 - Ohio-based personal protective equipment manufacturers program

Current through all regulations passed and filed through July 1, 2024
(A)
								A manufacturer seeking certification as a participant
			 in the Ohio-based personal protective equipment manufacturer's program will
			 apply to the department of administrative services ("the department") on a form
			 provided by and in a manner prescribed by the department.
(B)
								To qualify for
			 certification in the Ohio-based personal protective equipment manufacturers
			 program, an entity will provide a description of the personal protective
			 equipment being manufactured in Ohio for which it seeks certification, and a
			 notarized attestation that it meets the following requirements prescribed by
			 the department:
(1)
									The entity is a manufacturer;
(2)
									The entity has at
			 least two-thirds of the beneficial ownership vested in residents of
			 Ohio;
(3)
									The entity produces personal protective equipment, as
			 defined in this rule; and
(4)
									The entity produces personal protective equipment in
			 Ohio.
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-2 - Excess and Surplus Supplies › Section 123:5-2-01 - Disposal of excess and surplus property

Current through all regulations passed and filed through July 1, 2024
(A)
								Definitions.
As used in this chapter of the
				Administrative Code:
(1)
									"Control" means responsibility of determining the most
			 cost effective and efficient manner in which to dispose of excess or surplus
			 property. "Control" does not mean physical location or possession of excess or
			 surplus property.
(2)
									"Excess" means property with remaining useful
			 life.
(3)
									"Funds" means a state loan, grant, or other type of
			 state financial assistance.
(4)
									"Property" means
			 state-owned supplies, equipment, and vehicles. "Property" does not include real
			 estate or any federally-owned assets.
(5)
									"Surplus" means
			 property with no remaining useful life.
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-3 - Community Rehabilitation Programs › Section 123:5-3-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
For the purposes of this chapter:
(A) "Agent" means an entity that the
			 
								department of administrative services
			 ("the department") has certified  to perform those functions
			 described in section 125.605 of the Revised Code.
(B)
								"Community
			 rehabilitation program" has the same meaning as set forth in section
			 125.60 of the Revised
			 Code.
(C)
								"Goods" means
			 anything that can be purchased that is not a service or real property,
			 including "products" and "supplies" as defined in section
			 125.01 of the Revised
			 Code.
(D)
								"Government ordering office" has the same meaning as
			 set forth in section 125.60 of the Revised
			 Code.
(E)
								"Person with a work-limiting disability" has the same
			 meaning as set forth in section
			 125.60 of the Revised
			 Code.
(F) "Qualified
			 nonprofit agency"
			 means any community rehabilitation program that the
			 department
								 has certified
			 pursuant to rule
			 123:5-3-02 of the
			 Administrative Code.
(G)
								"State agencies" has the same meaning as in section
			 1.60 of the Revised Code, but
			 does not include the elected state officers, the general assembly or any
			 legislative agency, a court or any judicial agency, or a state institution of
			 higher education.
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-3 - Community Rehabilitation Programs › Section 123:5-3-04 - Quarterly report

Current through all regulations passed and filed through July 1, 2024
(A)
			 Each qualified nonprofit agency and each  agent 
								will file a
			 quarterly report with the 
								department of administrative services ("the
			 department") by October fifteenth, January fifteenth, April fifteenth,
			 and July fifteenth of each year.
								
								The quarterly report will summarize the
			 procurement activity of each government ordering office with
			 the
			 qualified nonprofit agency or agent for the previous quarter
			 . Each
			 certified entity will provide the quarterly summary report on a form provided
			 by and in a manner prescribed by the department and include the following as is
			 appropriate to each entity:
(1) As to qualified
			 nonprofit agencies
(a) The total dollar value
			 of purchases made by a government ordering office during the preceding quarter
			 for 
										goods and services where the qualified nonprofit
			 agency was the contractor of record.
(b) Any other information the
			 
										department deems necessary.
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-3 - Community Rehabilitation Programs › Section 123:5-3-05 - Annual report

Current through all regulations passed and filed through July 1, 2024
(A)
			 The department of administrative services ("the
			 department") may request annual information from a government ordering
			 office including:
(1) An overview of the
			 government ordering office's purchasing process related to the procurement of
			 
									goods and services and any safeguards
			 
									that
			 assure compliance 
									with
									 sections
			 125.60 to
			 125.6012 of the Revised
			 Code.
(2) The total dollars
			 expended during the preceding fiscal year for purchase of
			 
									goods and services 
									that appear on
			 the procurement list, from a qualified nonprofit agency
			 .
(3) Any other
			 information the department may
			 determine advantageous.
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-3 - Community Rehabilitation Programs › Section 123:5-3-07 - Release of a government ordering office from purchasing provisions

Current through all regulations passed and filed through July 1, 2024
(A) A government
			 ordering office may apply for a waiver from the requirement to procure
			  particular 
								goods or
			 
								services or a category of 
								goods or
			 services on a form provided by and in the
			 manner prescribed by the department of administrative services ("the
			 department").
(B) The
			 
								department may grant a government ordering office a
			 waiver from the requirement to procure 
			 particular 
								goods or 
								services or a category of
			 
								goods or services if the 
								department
			 determines:
(1) There is no qualified
			 nonprofit agency  available or willing to provide the requested
			 
									goods
			 or services; or
(2)
									There is a qualified
			 nonprofit agency  that is willing to provide the requested
			 
									goods
			 or services, but is not qualified or capable
			 of providing the goods or services; or
(3) The government ordering office is or has
			 been dissatisfied with substantially similar or same 
									goods or
			 services provided by 
									the willing qualified nonprofit agency
			  and has reported its dissatisfaction to the
			 
									department or the 
									department
			 possesses specific information indicating such dissatisfaction; or
(4) The  government ordering office made a good faith
			 effort to reach agreement with the willing qualified nonprofit agency
			  regarding price, terms and specifications but could not reach
			 such agreement.
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-3 - Community Rehabilitation Programs › Section 123:5-3-08 - Release from purchasing provisions for failure to perform

Current through all regulations passed and filed through July 1, 2024
(A) The 
								department of
			 administrative services ("the department") may release a government
			 ordering office from the requirement  to purchase 
								goods or 
								services when the government
			 ordering office 
								or its duly appointed designee
			 requests a waiver and demonstrates that all of
			 the following conditions exist:
(1) The
			 government ordering office or
			 
									its
			 duly appointed designee determines that the 
									qualified nonprofit
			 agency is failing to 
			 properly perform its contractual obligations.
(2) The government ordering office or 
									its duly appointed designee provides the 
									department and
			 
									the qualified nonprofit agency with a detailed
			 notice of the deficiencies or failure to properly perform
			 .
(3) The government ordering office or 
									its duly appointed designee and the 
									department
			 agree to an appropriate period of time to allow the qualified nonprofit agency an opportunity to cure the
			 deficiencies or failures. After the period to cure has
			 ended, the government ordering office or its duly appointed designee provides
			 the department with a detailed report outlining the results of the qualified
			 nonprofit agencies' attempt to cure the deficiencies or failures.
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-3 - Community Rehabilitation Programs › Section 123:5-3-09 - Adding goods or services to the procurement list

Current through all regulations passed and filed through July 1, 2024
(A) The 
								department of
			 administrative services ("the department") will not consider adding
			 
								goods or 
								services to the procurement list available for
			 government ordering 
								offices
								 unless and until the
			 following conditions are met:
(1) The
			  government ordering
			 office or 
									its duly
			 appointed designeeprovides the
			 
									department with a
			 detailed description of the 
									goods or services being
			 requested.
(2) A qualified
			 nonprofit agency or an agent representing a qualified nonprofit agency willing
			 to provide the requested 
									goods or servicesfurnishes
									 detailed information
			 to the department describing other similar or
			 same 
									goods or services currently being provided, or any
			 other information 
									that serves to demonstrate their current
			 capabilities.
(3)
									The qualified
			 nonprofit agency or agent representing a qualified nonprofit agency furnishes
			 information on how it proposes to provide the specific goods or services being
			 requested.
(4) The government
			 ordering office or
			 
									its
			 duly appointed designee and the qualified nonprofit agency or the agent
			 representing a qualified nonprofit agency provides the
			 
									department with a negotiated and agreed upon cost to
			 provide the requested 
									goods or services.
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-3 - Community Rehabilitation Programs › Section 123:5-3-10 - Selection of qualified nonprofit agencies

Current through all regulations passed and filed through July 1, 2024
(A) When more than one qualified nonprofit
			 agency desires to provide  requested
			 
								goods
			 or 
								services to a government ordering office, the
			 
								department of administrative services ("the
			 department") shall select a qualified nonprofit agency to provide the
			 requested 
								goods or services. The
			 
								department can consider any of the following:
(1) The stated preference for the selection
			 of a particular qualified nonprofit agency by the government ordering
			 office.
(2) Geographic proximity of
			 the qualified nonprofit agencies to the specified work site for a requested
			 service.
(3) The dollar value of
			 any other contracts held by the interested qualified nonprofit agencies
			 at the time of the request.
(4) The lowest and
			 best cost to provide the requested 
									goods or 
									services as
			 submitted by each of the interested qualified nonprofit agencies.
(5) Past performance of the qualified
			 nonprofit 
									agencies on any other contract with a government
			 ordering office .
(6) The projected number of employees of the
			 individual qualified nonprofit agencies who are persons with
			 work-limiting disabilities .
(7)
			 Any other criteria the 
									department deems necessary and appropriate to
			 assure the 
									selection of a  qualified nonprofit agency
			 
									that is
			 in the best interest of the state.
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-3 - Community Rehabilitation Programs › Section 123:5-3-11 - Authority to audit

Current through all regulations passed and filed through July 1, 2024
(A)
								The department of
			 administrative services ("the department") has full authority to audit or cause
			 to be audited any contract or agreement, and all records associated with or
			 related to those contracts or agreements, between a qualified nonprofit agency
			 or its agent and a government ordering office. Failure to permit the requested
			 audit or failure to provide access to all records, documents, or files may be
			 grounds for suspension or revocation of the certification.
(B)
								The department of
			 administrative services may periodically and routinely review and monitor the
			 purchasing practices and activities of state agencies and their duly appointed
			 designees for compliance.
Ohio Administrative Code › Title 123:6 - Fleet Management › Chapter 123:6-1 - Assignment of Vehicles › Section 123:6-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
For purposes of this chapter:
(A) "Alternative Fuel" has the same meaning
			 as in division (A) of section
			  125.831  of the Revised Code.
(B) "Annual Motor Vehicle Cost"
			 has the same meaning as in division (O)(3)(a) of section
			  125.832  of the Revised
			 Code.
(C) "Biodiesel" has the same
			 meaning as in division (B) of section
			  125.831  of the Revised Code.
(D) "Blended biodiesel" has the
			 same meaning as in division (C) of section
			  125.831  of the Revised
			 Code.
(E) "Diesel Fuel" has the
			 same meaning as in division (D) of section
			  125.831  of the Revised Code.
(F) "E85 Blend Fuel" has the same
			 meaning as in division (E) of section
			  125.831  of the Revised Code.
(G) "Fuel Cost" has the same
			 meaning as in division (O)(3)(b) of section
			  125.832  of the Revised Code.
(H) "Fleet" means the entire
			 inventory of motor vehicles within the state agency.
(I) "Insurance Cost" has the same meaning as
			 in division (O)(3)(c) of section
			  125.832  of the Revised
			 Code.
(J) "Law Enforcement Officer"
			 has the same meaning as in division (F) of section
			  125.831  of the Revised
			 Code.
(K) "Motor Pool" means the
			 vehicles a state agency has that are available to all qualified employees of
			 that state agency.
(L) "Motor
			 vehicle" has the same meaning as in divisions (G)(1) and (G)(2) of section
			  125.831  of the Revised
			 Code.
(M) "Operating Cost" has the
			 same meaning as in division (O)(3)(d) of section
			  125.832  of the Revised
			 Code.
(N) "Reimbursement Rate" has
			 the same meaning as in division (O)(3)(e) of section
			  125.832  of the Revised
			 Code.
(O) "Specialized Equipment"
			 has the same meaning as in division (H) of section
			  125.831  of the Revised
			 Code.
(P) "State Agency" has the
			 same meaning as in division (I) of section
			  125.831  of the Revised Code.
Effective:
				2/29/2016
Five Year Review (FYR) Dates:
				03/12/2019
Promulgated
				Under: 119.03
Statutory
				Authority: ORC 125.831, ORC
				125.832, ORC
				125.834, ORC
				125.836
Rule
				Amplifies: ORC 125.831, ORC
				125.832, ORC
				125.834, ORC
				125.836
Prior
				Effective Dates: 3/16/09, 8/6/2014
Ohio Administrative Code › Title 123:6 - Fleet Management › Chapter 123:6-1 - Assignment of Vehicles › Section 123:6-1-02 - Assignment of vehicles

Current through all regulations passed and filed through July 1, 2024
(A) Each state
			 agency shall limit the size of its fleet to a number that is necessary for
			 efficient and effective business operations. In addition, each agency shall
			 maximize the number of motor pool vehicles within its fleet.
(B) Each state agency shall make available
			 its pool of motor vehicles to employees for necessary business-related travel only.
(C) A
			 state agency may not assign any state motor vehicle for long term regular
			 work-related use, unless both of the following are met:
(1) The employee's regular work-related
			 activities require frequent business travel;
and
(2) The
			 employee's work-related activities require motor vehicle travel that exceeds
			 the established minimum number of annual business miles as determined by the
			 Ohio department of administrative services, pursuant to division (O) of section
			  125.832  of the Revised
			 Code.
Ohio Administrative Code › Title 123:6 - Fleet Management › Chapter 123:6-1 - Assignment of Vehicles › Section 123:6-1-03 - Mileage reimbursement payments

Current through all regulations passed and filed through July 1, 2024
(A) A state agency shall not provide mileage
			 reimbursement to an agency employee using the employee's own vehicle, for any
			 mileage the employee incurs that exceeds the amount of miles in which the use
			 of state motor vehicle is more cost effective than the reimbursement of mileage
			 for the employee's use of the employee's own vehicle, unless all of the
			 following are met:
(1) The state agency has
			 exhausted all reasonable transportation alternatives and the excess mileage
			 incurred by the agency employee is unavoidable;
(2) The state agency provides all necessary
			 information to the director of the department of administrative services
			 detailing the circumstances in which the employee's excess mileage was
			 unavoidable;
(3) The director
			 approves the mileage reimbursement request based on the above-referenced
			 unavoidable circumstances; and
(4)
			 The state agency has provided the department of administrative services with
			 the agency's completed annual fleet plan, in a time frame and format prescribed
			 by the director.
Ohio Administrative Code › Title 123:6 - Fleet Management › Chapter 123:6-1 - Assignment of Vehicles › Section 123:6-1-04 - Delegation of authority of fleet management

Current through all regulations passed and filed through July 1, 2024
(A) The department of administrative services
			 shall manage the fleet of a state agency, including the day-to-day operations
			 of the state agency's fleet, unless the department delegates that management to
			 the state agency. If the department manages a state agency's fleet, whether
			 full or partial, requiring the department to provide services other than those
			 provided to the agency as part of the department's annual fleet administration
			 rate, the department shall determine an additional reasonable fee to provide
			 such additional management services, and the state agency shall timely
			 reimburse the department that fee.
(B) The department of administrative services
			 may fully delegate the management of a state agency's fleet to that agency if
			 the agency does all of the following:
(1)
			 Employs a fleet manager, certified pursuant to rule 123:6-1-06 of  the Administrative Code, to manage the state agency fleet.
(2) Demonstrates, to the satisfaction of the
			 department, the ability to use the fleet management information system,
			 required under division (C) of section
			  125.832  of the Revised Code, and
			 to generate comprehensive reports from fleet management information system on a
			 timely basis.
(3) Demonstrates, to
			 the satisfaction of the department, the ability to use the fleet credit card
			 system, pursuant to rule 123:6-1-08 of  the Administrative Code, and to generate reports from the fleet credit card system on a timely basis.
(4)
			 Demonstrates, to the satisfaction of the department, the ability to enter
			 bulk-fueling data required pursuant to rule 123:6-1-08 of  the Administrative Code into the fleet management information system on a timely basis.
(5) Demonstrates, to the
			 satisfaction of the department, the ability to analyze regularly motor vehicle
			 cost per mile and miles per gallon data requested by the department, and
			 properly apply that information to manage the agency's fleet.
(6) Demonstrates, to the satisfaction of the
			 department, the ability to analyze regularly motor vehicle mileage
			 reimbursements requested by the department.
(7) Demonstrates, to the satisfaction of the
			 department, the ability to develop and submit an approved comprehensive fleet
			 plan and to provide the comprehensive plan on a timely basis.
(8) Demonstrates, to the satisfaction of the
			 department, adequate processes and procedures to ensure fleet management
			 reporting and fiscal integrity for the administration of an on-site maintenance
			 facility, if applicable.
(9)
			 Demonstrates, to the satisfaction of the department, that the agency has an
			 individual that can assume, and keep current, the duties of the agency's
			 certified fleet manager in case of a temporary absence of the fleet
			 manager.
Ohio Administrative Code › Title 123:6 - Fleet Management › Chapter 123:6-1 - Assignment of Vehicles › Section 123:6-1-05 - Withdrawal of delegation of authority to manage fleet

Current through all regulations passed and filed through July 1, 2024
(A) The department of administrative services
			 may withdraw the department's delegation of authority to manage a state
			 agency's fleet to that agency, pursuant to rule 123:6-1-06 of  the Administrative Code, if the department determines that the agency no longer demonstrates or complies with the delegation requirements set forth in paragraph (B) of rule 123:6-1-04 of  the Administrative Code. The department may also withdraw the department's
			 delegation of authority to manage a state agency's fleet to that agency if that
			 agency fails to submit all reports required for the department's fleet
			 reporting system in a timely fashion, or for any other reason the department
			 deems appropriate. If the department decides to withdraw the department's
			 delegation of authority to manage a state agency's fleet to that agency, the
			 department shall do the following:
(1)
			 Provide the state agency, in writing, the reasons for the withdrawal of the
			 department's delegation of authority and that the department will manage the
			 agencies fleet, pursuant to division (G)(2) of section
			  125.832  of the Revised Code, and
			 this rule.
(2) Provide the state
			 agency a written description of the responsibilities of each party during that
			 time the department provides management for the agency's fleet. The written
			 description shall include the department's determination of reasonable fees, if
			 any, that the department will assess the agency for the department's management
			 of the agency's fleet.
Ohio Administrative Code › Title 123:6 - Fleet Management › Chapter 123:6-1 - Assignment of Vehicles › Section 123:6-1-06 - Fleet manager certification program

Current through all regulations passed and filed through July 1, 2024
(A) The department of administrative services
			 shall certify an individual as a certified fleet manager, for purposes of
			 sections  125.83  to   123.836   of the Revised
			 Code and this chapter, provided the individual meets all of the following:
(1) The individual is an employee of state
			 agency and has been designated by the agency as the agency's fleet manager
			 responsible for overseeing the operation of that state agency's fleet.
(2) The individual successfully
			 completes the department's certification program as described in paragraph (B)
			 of this rule.
Ohio Administrative Code › Title 123:6 - Fleet Management › Chapter 123:6-1 - Assignment of Vehicles › Section 123:6-1-07 - Provisional fleet manager certification

Current through all regulations passed and filed through July 1, 2024
(A) The department of administrative services
			 may provisionally certify an individual as a certified fleet manager, for
			 purposes of sections  125.83  to   123.836   of the Revised
			 Code and this chapter, provided the individual meets all of the following:
(1) The individual is an employee of state
			 agency and has been designated by the agency as the agency's fleet manager
			 responsible for overseeing the operation of that state agency's fleet.
(2) The individual is enrolled in
			 the fleet manager certification program, pursuant to paragraph (B) of rule 123:6-1-06 of  the Administrative Code.
(3) The
			 individual is demonstrating progress, as determined by the department, in
			 completing the certification program, pursuant to paragraph (B) of 123:6-1-06
			 of the Administrative Code.
Ohio Administrative Code › Title 123:6 - Fleet Management › Chapter 123:6-1 - Assignment of Vehicles › Section 123:6-1-08 - Fuel card purchases: bulk fuel purchases

Current through all regulations passed and filed through July 1, 2024
(A) All state employees operating a state
			 motor vehicle shall use the state fleet purchasing credit card to purchase the
			 following items for those vehicles:
(1) All
			 fuel purchased from a retail vendor approved by the department of
			 administrative services, including any department designated preferred retail
			 vendor.
(2) All service related
			 items approved by the department of administrative services.
(3) All maintenance related items approved by
			 the department of administrative services.
(4) All fuel purchased from a state operated
			 fuel site that is equipped with a device that is capable of reading the state
			 fleet purchasing credit card. The department may grant exceptions to the above
			 requirement provided the employee demonstrates that an emergency existed making
			 it impossible for the employee to use the state fleet purchasing credit card.
Ohio Administrative Code › Title 123:6 - Fleet Management › Chapter 123:6-1 - Assignment of Vehicles › Section 123:6-1-09 - Appropriate vehicles

Current through all regulations passed and filed through July 1, 2024
(A) The
			 department of administrative services shall review each request from a state
			 agency to procure a state vehicle to determine whether the vehicle requested is
			 the most appropriate vehicle for intended use.
(B) Each state agency shall provide the
			 department of administrative services the following information in the
			 department before a vehicle is procured for that agency's fleet:
(1) The model and type of the requested
			 vehicle.
(2) A general description
			 of the intended use of the vehicle requested.
(3) If a passenger vehicle, the number of
			 individuals normally transported in the vehicle in the normal course of
			 business.
(4) If a vehicle used
			 for purposes other than transporting passengers, a detailed description of the
			 normal type of use for that vehicle.
(5) Any other information the department
			 deems necessary.
Ohio Administrative Code › Title 123:6 - Fleet Management › Chapter 123:6-1 - Assignment of Vehicles › Section 123:6-1-10 - Cost limitations: vehicles; alternative fuels

Current through all regulations passed and filed through July 1, 2024
(A) The department of administrative services
			 or a state agency shall procure only vehicles capable of using alternative
			 fuels unless any of the following conditions apply:
(1) The acquisition cost of an appropriate
			 alternative fuel vehicle, as defined in rule 123:6-1-09 of  the Administrative Code, exceeds by twenty per cent or more, the acquisition cost of an appropriate vehicle that is not equipped to use alternative fuel.
(2) The life cycle cost of an
			 appropriate alternative fuel vehicle, as defined in rule 123:6-1-09 of  the Administrative Code, exceeds by twenty-five per cent or more, the cost to acquire and operate an appropriate vehicle that is not equipped to use alternative fuel.
(3) An emergency
			 or exigent condition exists that makes the acquisition of alternative fuel
			 vehicles impractical or impossible. Such conditions include, but are not
			 limited, to state or federal declared disasters or emergencies.
(4) A vehicle capable of using alternative
			 fuels that the department or state agency is considering for purchase exceeds
			 the fuel emissions standards established by the United States environmental
			 protection agency by ten per cent for that class of automobile.
(5) A vehicle capable of using alternative
			 fuels that the department or state agency is considering for purchase under
			 performs the mileage per gallon average for that class automobile by ten per
			 cent as established by the United States environmental protection agency.
Ohio Administrative Code › Title 123:7 - Office of Collective Bargaining › Chapter 123:7-1 - Solicitation and Distribution Activities › Section 123:7-1-01 - Solicitation and distribution activities by non-employees

Current through all regulations passed and filed through July 1, 2024
(A) An organization or non-employee which
			 intends to solicit or distribute literature to employees must, each visit:
(1) Give advance notice of forty-eight hours
			 of such intention by contacting the facility administrator for each facility.
(2) At the time the advance notice
			 is given, provide a list of the names of the persons or alternates who wish
			 access to the premises.
(3) In the
			 event two or more requests for access to a facility for the same or overlapping
			 times have been made, the facility administrator should attempt to provide
			 alternate designated areas. In the event that no alternate designated area is
			 available, the facility administrator will grant access to the available
			 designated area on a rotating basis with equal time for its use.
(4) If the designated areas are unavailable
			 due to a prior reservation, then the facility administrator shall immediately
			 notify the requesting party of such conflict.
Ohio Administrative Code › Title 123:7 - Office of Collective Bargaining › Chapter 123:7-1 - Solicitation and Distribution Activities › Section 123:7-1-02 - Solicitation and distribution activities by employees

Current through all regulations passed and filed through July 1, 2024
(A) An employee may solicit other employees
			 in both non-work and work areas only if all employees involved are on
			 non-working time.
(B) An employee
			 may distribute literature in a non-work area on non-working time only if all
			 employees involved are on non-working time.
Five Year Review (FYR) Dates:
				05/16/2016 and
				05/15/2021
Promulgated
				Under:  119.03
Statutory
				Authority:  124.09
Rule
				Amplifies:  124.09
Prior
				Effective Dates: 4/13/1984
Ohio Administrative Code › Title 123:7 - Office of Collective Bargaining › Chapter 123:7-1 - Solicitation and Distribution Activities › Section 123:7-1-03 - Disruptive conduct

Current through all regulations passed and filed through July 1, 2024
The facility administrator reserves the right to regulate any
				solicitation or distribution activities by any non-employee or employee which
				disrupts or interferes with the normal work flow at the facility.
Five Year Review (FYR) Dates:
				05/16/2016 and
				05/15/2021
Promulgated
				Under:  119.03
Statutory
				Authority:  124.09
Rule
				Amplifies:  124.09
Prior
				Effective Dates: 4/13/1984
Ohio Administrative Code › Title 123:7 - Office of Collective Bargaining › Chapter 123:7-1 - Solicitation and Distribution Activities › Section 123:7-1-04 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) "Designated
			 area" - means a facility location to be determined by the facility
			 administrator.
(B) "Designated
			 parking lot" - means an area to be determined by the facility administrator
			 where employees and/or visitors park motor vehicles.
(C) "Organization" - means a body of persons
			 established for a specific purpose.
(D) "Facility" - means any work or non-work
			 areas comprising one worksite which is governed by and under the control of a
			 state agency, department, board or commission.
(E) "Facility administrator" - means persons
			 designated by an appointing authority to be contacted regarding solicitation or
			 distribution activities conducted at any facility under the jurisdiction of the
			 appointing authority.
(F)
			 "Non-employee" - means any person not employed at the facility where
			 solicitation is conducted, or any person not in an active work status.
(G) "Non-work area" - means areas
			 to be determined by the facility administrator, and generally includes lobbies,
			 cafeterias, public areas or designated parking lots.
(H) "Non-working time" - means approved
			 leaves, lunch periods, and before and after scheduled working hours.
(I) "Solicitation" - means any activity
			 conducted for the purpose of advertising, promoting, or selling any product or
			 service, or encouraging membership in any group, association or organization.
(J) "Work area" - means areas to
			 be determined by the facility administrator, and generally includes offices,
			 work stations, conference rooms and corridors leading directly thereto which
			 are used as an integral part of performing work and any area where the employee
			 performs his/her official duties. In agencies where services are being
			 delivered to the public, the entire public area is considered a work area. In
			 hospitals, generally patient-care areas and areas where visitors have access
			 and patient care is involved are work areas.
(K) "Working time" - means that time when an
			 employee's duties require that he or she be engaged in work tasks, but does not
			 include an employee's own time, such as meal periods, vacations, time before or
			 after a shift.
Five Year Review (FYR) Dates:
				05/16/2016 and
				05/15/2021
Promulgated
				Under:  119.03
Statutory
				Authority:  124.09
Rule
				Amplifies:  124.09
Prior
				Effective Dates: 4/13/1984
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-1 - General Provisions › Section 124-1-01 - Generally

Current through all regulations passed and filed through July 1, 2024
(A) The
			 jurisdiction of the state personnel board of review is derived from Chapter
			 124. of the Revised Code.
(B)
			 Unless exempted from the classified service by statute, all positions in the
			 service of the state, the counties and the general health districts are in the
			 classified service. The board has jurisdiction to determine whether any
			 position, not specifically exempted, falls within the general exemptions set
			 forth in division (A) of section
			 124.11 of the Revised Code.
(C) A party bearing the burden of
			 proof in an action before the board must prove its case by a preponderance of
			 the evidence.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.11,
				124.40,
				124.56,
				4167.13
Prior
				Effective Dates: 7/1/79
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-1 - General Provisions › Section 124-1-02 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) The definitions
			 set forth in section 124.01 of Revised Code are
			 incorporated in these rules by reference.
(B) "Abolishment" means the permanent
			 deletion of a position from the organization or structure of an appointing
			 authority due to lack of continued need for the position, due to reorganization
			 for efficient operation, economy, or lack of work.
(C) "Administrative relationship" generally
			 means a relationship where an employee has substantial authority to initiate
			 discretionary action and/or in which the appointing authority must rely on the
			 employee's personal judgment and leadership abilities. The average employee
			 would not possess such qualities or be delegated such discretionary authority.
			 Whether one position occupies an administrative relationship to another is a
			 question of fact to be determined by the board.
(D) "Agency" means any unit of government,
			 including a board or commission, headed by an officer or group having the power
			 to appoint employees.
(E)
			 "Appointment" means placement of an employee in a position.
(F) "Board" or "state personnel board of
			 review" means either the members of the state personnel board of review or
			 
								its
			 agents.
(G) "Classification"
			 means any of the following:
(1) A group of
			 positions of sufficiently similar duties that the same title and specification
			 may be assigned to each.
(2) The
			 title assigned to a position or the employee appointed to fill a
			 position.
(3) The act of assigning
			 a classification title to a position based upon the duties performed in that
			 position.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-1 - General Provisions › Section 124-1-03 - Time limits for filing appeals

Current through all regulations passed and filed through July 1, 2024
(A) Except as set forth below, appeals from
			 "section 124.34 orders," including
			 disability separations, shall be filed within ten calendar days following the date the order is
			 served on the employee.
(B) Appeals
			 from layoffs, abolishments, and displacements shall be
			  filed
			 , or postmarked, not more
			 than ten calendar days after receipt of the notice of the action. A copy of the
			 notice of layoff, abolishment or displacement shall be attached to the
			 appeal.
(C) Appeals of
			 reclassifications shall be filed within thirty calendar days after receiving the notice of the
			 results of the audit. A copy of the audit decision letter shall be attached to
			 the appeal.
(D) Appeals from
			 transfers shall be filed
			 within ten calendar days after receipt of the notice of transfer from the
			 director of the department of administrative services. A copy of the notice of
			 transfer shall be attached to the appeal.
(E) Appeals from alleged reductions in pay or
			 position which do not involve a "section
			 124.34 order" shall be filed
			  within ninety
			 days after receipt of notice of the reduction or if no notice is given, within
			 ninety days of the actual imposition of the reduction. The appeal time may be
			 extended within the discretion of the board.
(F) Investigation requests shall be
			 filed within six months of
			 knowledge of the alleged violations of Chapter 124. of the Revised Code. This
			 time period may be extended within the discretion of the board where the
			 violation is ongoing or there is a pattern of violation over an extended period
			 of time.
(G) Appeals from
			 disciplinary or retaliatory actions taken as a result of an employee having
			 filed a report under section
			 124.341(A)  of
			 the Revised Code shall be filed within thirty days after receiving actual notice of the
			 disciplinary or retaliatory action.
(H) Appeals from actions prohibited by
			 section 4167.13 of the Revised Code
			 shall be filed within sixty
			 days after the violation occurs.
(I) Appeals from all other actions, including
			 denials of reinstatement from disability separations, shall be filed not more than thirty calendar days after the time the appellant
			 receives actual notice of the action.
Effective:
				3/24/2014
R.C.
				119.032 review dates:
				01/07/2014 and
				01/07/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.32,
				124.328,
				124.33,
				124.34,
				124.341,
				124.40,
				124.56,
				4167.13
Prior
				Effective Dates: 7/26/79, 2/14/86,
				2/12/93
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-1 - General Provisions › Section 124-1-04 - Tenure of improperly appointed employees

Current through all regulations passed and filed through July 1, 2024
An appointing authority shall not raise
				the issue of the improper appointment of an employee to defeat the tenure
				rights which would have been due that employee had the employee been properly
				appointed.
Effective:
				3/24/2014
R.C.
				119.032 review dates:
				01/07/2014 and
				01/07/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.56,
				124.27,
				124.271
Prior
				Effective Dates: 7/1/79
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-3 - Section 124.34 Orders › Section 124-3-01 - Requirements of section 124.34 orders and orders of involuntary disability separation

Current through all regulations passed and filed through July 1, 2024
(A) "Section
			 124.34 orders" and orders of
			 involuntary disability separation may be affirmed only if each of the following
			 criteria are satisfied:
(1) The copy of the
			 order served on the employee shall bear the original signature of the
			 appointing authority and the date of signature. If an appointing authority is a
			 public body, the order must contain the signatures of a majority of the
			 members, or in the alternative, a certified copy of the resolution adopting the
			 order shall be attached to each copy of the order; and
(2) The employer shall serve the employee
			 with a copy of the order on or before the effective date of the action; and
(3) The order shows, on its face,
			 a list of particulars which form the basis for the order; and
(4) The appointing authority can, if
			 challenged, demonstrate both the authority of the signer and the authenticity
			 of the signature on a "section
			 124.34 order" or an order of
			 involuntary disability separation.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-3 - Section 124.34 Orders › Section 124-3-02 - Service of "section 124.34 orders" and orders of involuntary disability separation

Current through all regulations passed and filed through July 1, 2024
(A) A "section
			 124.34 order" or an order of
			 involuntary disability separation is served on an employee when:
(1) It is personally served upon the
			 employee; or
(2) It is
			 
									delivered to the employee's last known address, by certified mail
			 with electronic delivery confirmation; or
(3) It is left at the usual place of
			 residence, or last known address of the affected employee, with an adult
			 residing therein.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-3 - Section 124.34 Orders › Section 124-3-03 - Amendment or rescission of "section 124.34 orders" and orders of involuntary disability separation

Current through all regulations passed and filed through July 1, 2024
(A) An appointing authority may, at any time
			 prior to the first record hearing, delete material contained in a "section
			 124.34 order. " After the first
			 record hearing has begun, the board may permit the deletion of material from a
			 "section 124.34 order."
(B) Material not originally present in a
			 "section 124.34 order" may not be added
			 to the order after it is furnished to the employee .
(1) Such material, if not
			 barred by rule
			 124-3-04 of the
			 Administrative Code, may be made the basis of a subsequent order.
(2) An appointing authority may correct
			 errors at any time as long as the substance of an allegation is not
			 changed.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-3 - Section 124.34 Orders › Section 124-3-04 - Laches

Current through all regulations passed and filed through July 1, 2024
(A) Employees shall
			 not be disciplined for acts which have been known or should have been known to
			 the appointing authority more than two years prior to the issuance of a
			 "section 124.34 order."
(1) Whether an appointing authority knew or
			 should have known of the occurrence of events giving rise to disciplinary
			 action is a question of fact to be determined by the board.
(2) The length of time between the occurrence
			 of the action, the appointing authority's knowledge of the incident, and the
			 imposition of discipline will be factors in the board's determination of the
			 appropriateness of the disciplinary action.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-3 - Section 124.34 Orders › Section 124-3-05 - Merger and bar

Current through all regulations passed and filed through July 1, 2024
(A) All incidents which occurred prior to the
			 incident for which a non-oral disciplinary action is being imposed, of which an
			 appointing authority has knowledge and for which an employee could be
			 disciplined, are merged into the non-oral discipline imposed by the appointing
			 authority. Incidents occurring after the incident for which a non-oral
			 disciplinary action is being imposed, but prior to the issuance of the non-oral
			 disciplinary order, are not merged and may form the basis for subsequent
			 discipline.
(1) For purposes of this rule,
			 knowledge of an appointing authority will include knowledge of those persons
			 with authority to impose non-oral discipline for the appointing authority.
(2) For purposes of this rule,
			 non-oral discipline includes written reprimands and suspension orders. It does
			 not include a written memorandum of oral counseling or written warnings.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-3 - Section 124.34 Orders › Section 124-3-06 - Appointing authority's burden of proof

Current through all regulations passed and filed through July 1, 2024
The appointing authority shall prove, by a preponderance of the
				evidence, the factual allegations in a disciplinary order. Failure to prove all
				of the allegations contained in an order does not, as a matter of law, require
				disaffirmance of an order.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.34
Prior
				Effective Dates: 7/26/79, 2/14/86