reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-1 - General Provisions › Section 120-1-10 - Appointment systems and attorney qualifications

Current through all regulations passed and filed through July 1, 2024
To qualify for reimbursement, attorneys and the systems used to
				appoint attorneys must meet the requirements of this rule.
(A) Appointment systems. Pursuant to Rule 8
			 of the Rules of Superintendence for the Courts, courts must adopt a local rule
			 for the appointment of counsel that ensures the equitable distribution of
			 appointments among persons on each list. Such appointment systems must also:
(1) Be independent from individual influence
			 by a member of the judiciary, anyone involved in prosecuting criminal cases, or
			 any elected official.
(2) Ensure
			 that appointments are distributed as widely as possible among members of the
			 bar who qualify to be on an assignment list, by utilizing a rotary system
			 designed to pair the seriousness and complexity of a case with attorneys who
			 meet qualifications outlined in this rule for appointment to such a case. On
			 rare occasion it may be in the interest of justice for a court to select an
			 individual attorney whose expertise or experience is particularly well suited
			 to a given case or client.
(3) Have
			 a written application process for inclusion, review, advancement in
			 qualifications, and removal from the appointed counsel list.
(4) Not require an attorney to join or pay a
			 fee to any organization as a condition of inclusion in the appointment
			 system.
(5) Maintain a record of
			 all appointments of counsel, the qualification of counsel to accept cases based
			 upon degree and severity of the charge, and a record of attorneys' refusals to
			 accept appointments.
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-1 - General Provisions › Section 120-1-11 - Time limits for reimbursement of county expenditures for assigned or appointed counsel and public defender offices

Current through all regulations passed and filed through July 1, 2024
For purposes of this rule, the
				disposition of a case is defined as the latter of the last day in court or the
				issuance of a court entry from the last day in court.
(A)
								Requests for
			 state reimbursement for appointed counsel cases shall be submitted to the Ohio
			 public defender within ninety days of the end of the calendar month in which
			 the case at issue was disposed, or, if an attorney submits a periodic bill,
			 within ninety days of the end of the calendar month of the last court
			 appearance or, if there has been no in-court time, within ninety days from the
			 end of the calendar month of the last day entered in the attorney
			 log.
(B)
								The county auditor shall submit the county public
			 defender expense report to the Ohio public defender within thirty days of the
			 end of the calendar month in which the expenditures were incurred. County
			 public defenders shall submit to the Ohio public defender caseload reports
			 within sixty days of the end of the calendar month in which the cases were
			 disposed.
(C)
								The Ohio public defender reserves the right to deny
			 reimbursement for failure to meet the above deadlines listed in this
			 rule.
Replaces: 120-1-11
Effective: 12/1/2015
Five Year
				Review (FYR) Dates: 12/01/2020
Promulgated Under:
				111.15
Statutory
				Authority: R.C. 120.03
Rule
				Amplifies: R.C. 120.03(B), R.C.
				120.18(A), R.C.
				120.28(A), R.C.
				120.33(A)(4)
Prior Effective Dates: 5/8/81, 1/1/00,
				10/9/09
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-1 - General Provisions › Section 120-1-13 - Reimbursement to the counties in capital cases

Current through all regulations passed and filed through July 1, 2024
(A) Lead counsel and co-counsel must be
			 
								certified by the Ohio supreme court
			 commission on appointment of counsel in capital
			 cases.
(B) All other
			 provisions of 
								the Ohio supreme court rules for appointment of counsel
			 in capital cases must be followed by the appointing court, board of
			 county commissioners, and attorneys appointed in the case.
(C) If an attorney is initially retained by a
			 defendant and later requests to be appointed by the court, that attorney must
			 be certified by the Ohio supreme court commission on
			 appointment of counsel in capital cases.
(D) If an
			 attorney is providing representation pro bono or pro hac vice and requests an
			 expert at government expense, that attorney or co-counsel must be certified
			 by the Ohio supreme court commission on appointment of
			 counsel in capital cases.
Effective: 5/1/2017
Five Year Review
				(FYR) Dates: 12/01/2020
Promulgated Under:
				111.15
Statutory
				Authority: 120.03(B)
Rule Amplifies: R.C.
				120.03(B), R.C.
				120.18(A), R.C.
				120.28(A), R.C.
				120.33(A), R.C.
				120.34, R.C.
				120.35, R.C.
				2941.51
Prior
				Effective Dates: 10/6/88, 1/1/00, 10/9/09,
				12/1/15
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-1 - General Provisions › Section 120-1-15 - Adequate fee schedule for appointed counsel and public defender salaries

Current through all regulations passed and filed through July 1, 2024
To qualify for reimbursement, counties must comply with the
				following:
(A)  In establishing a fee schedule to be paid to appointed
				counsel in indigent cases eligible for reimbursement pursuant to section  120.33 
				of the Revised Code, the county commissioners, after consultation with the
				county bar association, shall establish a schedule that compensates appointed
				counsel in a manner that provides for effective representation, including cases
				that may, at the discretion of the appointing court, warrant a fee that
				otherwise exceeds the applicable portion of the established scheduled. Changes
				to a county's fee schedule must be submitted to the Ohio public
				defender.
(B)  To modify a submitted fee bill, a court must comply with
				the following:
(1)  If a court denies, in full or in part, an appointed counsel
				fee bill , the court shall provide an entry stating
				the reason for the denial or the reduction of the fee bill.
(2)  If a court grants a fee in excess of the applicable portion
				of the county fee schedule, the court must authorize the fees in excess of the
				cap through an entry granting extraordinary fees.
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-1 - General Provisions › Section 120-1-16 - Changes in a client's eligibility for services

Current through all regulations passed and filed through July 1, 2024
(A) If an applicant who is determined to be
			 indigent later becomes able to retain private counsel, no public defender or
			 previously appointed counsel may accept any money for continued representation
			 of that client on the same case. The attorney shall seek to withdraw from the
			 representation consistent with the Ohio Rules of Professional
			 Conduct.
(B) If an attorney is
			 initially retained by a client and later appointed by the court because the
			 client has become indigent, the attorney must report to the court the funds
			 received on behalf of the client prior to the attorney's appointment, and the
			 attorney may not solicit or accept any further payment for services rendered
			 prior to the appointment.
(C) If,
			 at any point in a case, a public defender or appointed counsel discovers that a
			 client is not indigent and has sufficient means to hire qualified counsel, the
			 public defender or appointed counsel shall inform the court and move to
			 withdraw from the case.
(D)
								If, at any point in a case, a public defender or
			 appointed counsel discovers that private counsel has been retained on behalf of
			 an indigent defendant, the public defender or appointed counsel shall inform
			 the court. For purposes of reimbursement, an indigent defendant may not have a
			 public defender or appointed counsel, and private counsel that has been
			 retained on the defendant's behalf.
Effective: 8/16/2018
Five Year Review
				(FYR) Dates: 12/1/2020
Promulgated Under:
				111.15
Statutory
				Authority: R.C. 120.03(B)
Rule Amplifies: R.C.
				120.03(B), R.C.
				120.04(B)(3)
Prior Effective Dates: 09/27/1991, 01/01/2000, 10/09/2009,
				12/01/2015, 02/09/2018
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-1 - General Provisions › Section 120-1-17 - Reimbursement for experts or transcripts

Current through all regulations passed and filed through July 1, 2024
The county may seek reimbursement for the costs of experts,
				interpreters,
								
								and transcripts
				requested by the defense by submitting such invoices on
				forms prescribed by the Ohio public defender.
								Expert
				and interpreter fees will be reimbursed only when the expert or
				interpreter is answerable only to 
				defense counsel. To qualify for reimbursement, requests
				for experts must be held ex parte if so requested in writing by defense
				counsel. Transcript expenses will be reimbursed only when the transcript is
				produced for use by defense counsel at trial, on appeal, or in post-conviction
				proceedings.
								
				Reimbursement will not be made if these costs are presented through the
				attorney's bill for services.
Effective: 12/1/2015
Five Year
				Review (FYR) Dates: 06/22/2015 and
				12/01/2020
Promulgated
				Under: 111.15
Statutory
				Authority: R.C. 120.03(B)
Rule Amplifies: R.C.
				120.03(B), R.C.
				120.04(B)(3),
				R.C. 120.18(A), R.C.
				120.28(A), R.C.
				120.33(A)(4)
Prior Effective Dates:
				10/9/09
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-1 - General Provisions › Section 120-1-18 - Reimbursement for guardian ad litem fees

Current through all regulations passed and filed through July 1, 2024
(A)
								To qualify for
			 reimbursement in a delinquency case, counsel may only be appointed to serve as
			 counsel or guardian ad litem in a case, but not in a dual role as both counsel
			 and guardian ad litem in the same case.
(B)
								Where an attorney
			 is appointed to serve as both counsel and guardian ad litem in the same
			 delinquency case, neither the fee for counsel services nor the fee for guardian
			 ad litem services will qualify for reimbursement.
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-2 - Meeting Notice › Section 120-2-01 - Meeting notice

Current through all regulations passed and filed through July 1, 2024
(A) Any person may ascertain the time and
			 place of all regularly scheduled meetings and the time, place, and purpose of
			 all special meetings of the Ohio public defender commission by:
(1)
									Visiting the Ohio
			 public defender website,
www.opd.ohio.gov
,
			 under the tab "Commission";
(2) Writing
			 or visiting the  office of the
			 Ohio public defender, at
									250 E. Broad street, 14th floor, Columbus, Ohio
			 43215.
(3) Calling the
			 
									office of the Ohio public defender at
			 614-466-5394 during normal business hours.
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-3 - Accessing Personal Information › Section 120-3-02 - Procedures for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
(A)
								Criteria for accessing confidential personal
			 information. Personal information systems of the agency are managed on a
			 "need-to-know" basis, whereby the information owner determines the level of
			 access required for an employee of the agency to fulfill the employee's job
			 duties. The determination of access to confidential personal information shall
			 be approved by the employee's supervisor and the information owner prior to
			 providing the employee with access to confidential personal information within
			 a personal information system. The agency shall establish procedures for
			 determining a revision to an employee's access to confidential personal
			 information upon a change to that employee's job duties, including, but not
			 limited to, transfer or termination. Whenever an employee's job duties no
			 longer require access to confidential personal information in a personal
			 information system, the employee's access to confidential personal information
			 shall be removed.
(B)
								Individual requests for a list of confidential personal
			 information. Upon the signed written request of any individual for a list of
			 confidential personal information about the individual maintained by the
			 agency, the agency shall:
(1)
									 Verify the identity of the individual by a method that
			 provides safeguards commensurate with the risk associated with the confidential
			 personal information; and
(2)
									Provide to the individual the list of confidential
			 personal information that does not relate to an investigation about the
			 individual or is otherwise not excluded from the scope of Chapter 1347. of the
			 Revised Code; and
(3)
									If all information relates to an investigation about
			 that individual, inform the individual that the agency has no confidential
			 personal information about the individual that is responsive to the
			 individual's request.
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-3 - Accessing Personal Information › Section 120-3-03 - Valid reasons for accessing confidential person information

Current through all regulations passed and filed through July 1, 2024
(A)
								Performing the following functions constitute valid
			 reasons for authorized employees of the agency to access confidential personal
			 information:
(1)
									 Responding to a public records
			 request;
(2)
									Responding to a request from an individual for the list
			 of CPI the agency maintains on that individual;
(3)
									Administering a
			 constitutional provision or duty;
(4)
									Administering a
			 statutory provision or duty;
(5)
									Administering an
			 administrative rule provision or duty;
(6)
									Complying with
			 any state or federal program requirements;
(7)
									Processing or
			 payment of claims or otherwise administering a program with individual
			 participants or beneficiaries;
(8)
									Auditing
			 purposes;
(9)
									Licensure (or permit, eligibility, filing, etc.)
			 processes;
(10)
									Investigation or law enforcement
			 purposes;
(11)
									Administrative hearings;
(12)
									Litigation,
			 complying with an order of the court, or subpoena;
(13)
									Human resource
			 matters, including but not limited to hiring, promotion, demotion, discharge,
			 salary and compensation issues, leave requests, time card approvals, discipline
			 matters, and investigations of work rule or policy violations;
(14)
									Complying with
			 an executive order or policy;
(15)
									Complying with
			 an agency policy or a state administrative policy issued by the department of
			 administrative services, the office of budget and management or other similar
			 state agency;
(16)
									Complying with a collective bargaining agreement
			 provision.
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-3 - Accessing Personal Information › Section 120-3-04 - Confidentiality statutes

Current through all regulations passed and filed through July 1, 2024
The following federal statutes and
				regulations, and state statutes and administrative rules make personal
				information maintained by the agency confidential, and identify the
				confidential personal information within the scope of rules promulgated by this
				agency in accordance with section
				1347.15 of the Revised
				Code:
(A)
								Social security numbers:
			 5 U.S.C.
			 552a., unless the individual was told that
			 the number would be disclosed.
(B)
								"Bureau of
			 Criminal Investigation and Information" criminal records check results: section
			 4776.04 of the Revised
			 Code.
(C)
								U.S. Code or Ohio Revised Code sections, and any rules
			 requiring confidential treatment of personal information, including: section
			 149.43 of the Revised Code,
			 lawyer-client privilege, sealed court records, constitutional right to privacy,
			 medical records, psychological evaluations, Health Insurance Portability and
			 Accountability Act of 1996, residential and familial information of exempt
			 individuals, probation and parole records, adoption records, putative father
			 registry records, DNA database records, and records from the department of
			 rehabilitation and correction and the department of youth
			 services.
Effective: 12/1/2015
Five Year
				Review (FYR) Dates: 12/01/2020
Promulgated Under:
				111.15
Statutory
				Authority: R.C. 120.03, R.C.
				120.04
Rule
				Amplifies: R.C. 1347.15
Ohio Administrative Code › Title 120 - Ohio Public Defender Commission › Chapter 120-3 - Accessing Personal Information › Section 120-3-05 - Restricting and logging access to confidential personal information in computerized personal information systems

Current through all regulations passed and filed through July 1, 2024
(A)
								Access
			 restrictions. Access to confidential personal information that is kept
			 electronically shall require a password or other authentication
			 measure.
(B)
								Acquisition of a new computer system. When the agency
			 acquires a new computer system that stores, manages, or contains confidential
			 personal information, the agency shall include a mechanism for recording
			 specific access by employees of the agency to confidential personal information
			 in the system.
(C)
								Upgrading existing computer systems. When the agency
			 modifies an existing computer system that stores, manages, or contains
			 confidential personal information, the agency shall make a determination
			 whether the modification constitutes an upgrade. Any upgrades to a computer
			 system shall include a mechanism for recording specific access by employees of
			 the agency to confidential personal information in the system.
(D)
								Logging
			 requirements regarding confidential personal information in existing computer
			 systems.
(1)
									
			 The agency shall require employees of the agency who access confidential
			 personal information within computer systems to maintain a log that records
			 that access.
(2)
									Access to confidential information is not required to
			 be entered into the log under the following circumstances:
(a)
										The employee of
			 the agency is accessing confidential personal information for official agency
			 purposes, including research, and the access is not specifically directed
			 toward a specifically named individual or a group of specifically named
			 individuals.
(b)
										The employee of the agency is accessing confidential
			 personal information for routine office procedures and the access is not
			 specifically directed toward a specifically named individual or a group of
			 specifically named individuals.
(c)
										The employee of
			 the agency comes into incidental contact with confidential personal information
			 and the access of the information is not specifically directed toward a
			 specifically named individual or a group of specifically named
			 individuals.
(d)
										The employee of the agency accesses confidential
			 personal information about an individual based upon a request made under either
			 of the following circumstances:
(i)
											The individual requests confidential personal
			 information about him or herself.
(ii)
											The individual
			 makes a request that the agency take some action on that individual's behalf
			 and accessing the confidential personal information is required in order to
			 consider or process that request.
(3)
									The agency may
			 choose the form or forms of logging, whether in electronic or paper
			 formats.
Ohio Administrative Code › Title 121 - Executive Agencies › Chapter 121-1 - Commission on Spanish Speaking Affairs › Section 121-1-03 - Officers and committees

Current through all regulations passed and filed through July 1, 2024
(A) The
			 officers of the commission shall be a chairman, vice chairman, and secretary.
(1) The chairman shall preside over all
			 regular and special meetings of the commission. The chairman shall vote on any
			 issue before the commission.
(2) The
			 vice chairman shall preside over the meetings of the commission in the absence
			 of the chairman, and perform all other duties of the chairman in his absence or
			 disability.
(3) The secretary shall
			 maintain the minutes and other records of the commission, and shall maintain a
			 file of all papers and documents pertaining to actions of the
			 commission.
Ohio Administrative Code › Title 122 - Development Services Agency › Division 128 - Data Center Tax Exemption › Chapter 122-1 - Public Notice of Rules › Section 122-1-01 - Public notice of rules

Current through all regulations passed and filed through July 1, 2024
The method of giving public notice as to the adoption,
				  amendment, or rescission of rules 
									shall be given pursuant to division (A) of
				  section 119.03 of the Revised Code.
Effective:
				  1/28/2014
R.C. 119.032
				  review dates: 11/08/2013 and
				  01/28/2019
Promulgated
				  Under: 119.03
Statutory Authority: 119.03
Rule Amplifies:
				  119.03(A)
Prior Effective Dates: 11/19/92 (Emer), 2/6/92,
				  08/01/2005
Ohio Administrative Code › Title 122 - Development Services Agency › Division 128 - Data Center Tax Exemption › Chapter 122-4 - Restricted Bonds › Section 122-4-03 - Obtaining confirmations in advance - notice of intent; notice of issuance

Current through all regulations passed and filed through July 1, 2024
(A) Confirmation
				required. An allocation of a portion of the set-asides described in paragraph
				(A)(1), (A)(2), (A)(3), (A)(4), (A)(5), or (A), of rule
				122-4-02
				of the Administrative Code, as applicable, may be obtained only prior to the
				issuance of such bonds and only by filing with the director a notice of intent
				and the issuance by the director of a confirmation as provided in this
				rule.
(B)
									Effectiveness of confirmation.
				
									Subject to the
				issuance of carryforward confirmations as set forth in rule
				122-4-05
				of the Administrative Code, a  confirmation issued for an allocation from
				the set-asides described in paragraph (A) (2), (A)(3), (A)(4) or (A)(5) of rule
				122-4-02
				of the Administrative Code will cease to be effective unless:
(1) the applicable bonds have been issued and
				a notice of issuance has been filed with the director within
				the earlier of (a) one hundred twenty days after
				the date of such confirmation and (b) eleven fifty-nine
				p.m. on Decembery thirty-first of the year in which the confirmation was
				issued, provided that the notice of issuance must be filed with the director by
				five p.m. on January fifteenth of the next subsequent year, or
(2) an extension of the confirmation has been
				obtained pursuant to paragraph (C) of this rule.
Ohio Administrative Code › Title 122 - Development Services Agency › Division 128 - Data Center Tax Exemption › Chapter 122-4 - Restricted Bonds › Section 122-4-04 - Priorities where bonds have no effective confirmation

Current through all regulations passed and filed through July 1, 2024
In the event that the aggregate amount of all effective
				  confirmations issued by the director under this chapter (including
				  confirmations of carryforward amounts made after the years in which the
				  allocation was first available) does not exhaust the state ceiling for that
				  year, notwithstanding any other provision of this chapter, the balance of the
				  state ceiling for that year in excess of such aggregate amount is allocated, to
				  the extent permitted by the Internal Revenue Code and except as otherwise
				  provided by an act of the general assembly, to all other restricted bonds
				  issued within the state during the year at issue in the order and amounts of
				  their issuance, notwithstanding that no effective confirmation exists with
				  respect to such bonds. There is no assurance that there will be any such
				  balance, and the select committee and director need not make provision for any
				  such balance.
Ohio Administrative Code › Title 122 - Development Services Agency › Division 128 - Data Center Tax Exemption › Chapter 122-4 - Restricted Bonds › Section 122-4-05 - Confirmation of state ceiling allocation for issuance of bonds in subsequent years - carryforwards

Current through all regulations passed and filed through July 1, 2024
(A) Notice of intent for carryforward.
				Subject to paragraph (A)(6) of this rule,
									
									a notice of
				intent may be filed by an issuer with the director before five p.m. on the
				second Thursday of December of the year in which the allocation was first
				eligible with respect to carryforward bonds which are expected to be issued in
				subsequent years; are eligible for the election 
									pursuant to
				Section 146(f) of the Internal Revenue Code to carry forward an unused
				portion of that year's state ceiling in which the notice of intent is filed
				with the director; and may be issued after said year as obligations, the
				interest on which is excluded from gross income pursuant to section 103 of the
				Internal Revenue Code.
(1)
										Except with respect to the Ohio housing finance
				agency,
										
										such notice of intent must be accompanied by such
				items as the director may require and by a written statement or statements
				signed by an officer of the issuer or by an officer of the benefited enterprise
				setting forth, as pertinent:
(a) The reasons
				why bond issuance is deferred beyond the end of the year for which it was first
				available.
(b) Evidence of the need
				for the amount of allocation sought (setting forth, among other things, the
				amount of carryforward from any prior year which will be available for use in
				the next following year).
(c) The
				conditions that must be met prior to the sale of the bonds.
(d) Information indicating that such
				conditions will be met.
(e) The
				respective times at which such conditions are expected to be met.
(f) The expected manner of sale of the bonds
				and the expected nature of the original purchaser (e.g., investment banker,
				financial institution).
(g)
				Evidence of interest of such category of purchasers in the purchase of the
				bonds or past experience of the issuer or benefited enterprise indicating such
				interest.
(h) The expected date or
				dates of issuance of the bonds .
Ohio Administrative Code › Title 122 - Development Services Agency › Division 128 - Data Center Tax Exemption › Chapter 122-4 - Restricted Bonds › Section 122-4-07 - Delegation of functions

Current through all regulations passed and filed through July 1, 2024
Except as provided in this rule, each and any of the powers
				  and duties, including the making, signing and issuance of confirmations,
				  acknowledgements, receipts, and consents, accepting or refunding of fees,
				  assignments and certifications, devolved upon the director of development
				  services agency under this chapter may be performed by the assistant director
				  of development services agency or such other officers and employees of the
				  development services agency as may be designated in writing by the director or
				  such assistant director. Any such designations under prior rules for the
				  purpose, and any such designation under this chapter, shall continue to be
				  effective for purposes of this chapter unless and until it was or is terminated
				  or superseded in writing, notwithstanding any succession in the office of
				  director or assistant director. Except as provided in this rule, any reference
				  in this chapter to the director includes the assistant director or such other
				  designated officers or employees. Notwithstanding the foregoing, only the
				  director (or the assistant director during the absence or disability of the
				  director or when the position of director is vacant) may make transfers among
				  set-aside categories.
Ohio Administrative Code › Title 122 - Development Services Agency › Division 128 - Data Center Tax Exemption › Chapter 122-4 - Restricted Bonds › Section 122-4-08 - Effectiveness and reliance

Current through all regulations passed and filed through July 1, 2024
The rules in this chapter, and confirmations issued pursuant
				  to or confirmed by those rules, may be relied upon by issuers of restricted
				  bonds, the beneficiaries of the proceeds from and the owners of such bonds, and
				  other participants in the issuance of such bonds, with respect to all
				  restricted bonds issued during the period from and including October 10, 1991
				  to and including the date of expiration of the confirmation for such bonds
				  notwithstanding the prior expiration or amendment of any rule under this
				  chapter. Subject to the foregoing provisions of this rule, the rules in this
				  chapter may be amended at any time. If and to the extent it is necessary to
				  allocate the state ceiling to the state and assign it to issuers in order to
				  achieve the results intended by this chapter, the state ceiling is and shall be
				  deemed to be so allocated and assigned by rules
				  122-4-02
				  to 122-4-08 of the Administrative Code. If any clause, provision or application
				  of any rule in this chapter is determined to be invalid or inconsistent with
				  the act, such determination shall not affect the remainder of such rule or
				  other application of the rule, or other rules of this chapter, which shall be
				  applied as if the invalid or inconsistent portion or application or references
				  to the invalid or inconsistent portion did not exist.
Ohio Administrative Code › Title 122 - Development Services Agency › Division 128 - Data Center Tax Exemption › Chapter 122-7 - Notice of Meetings › Section 122-7-01 - Notice of meeting

Current through all regulations passed and filed through July 1, 2024
(A)
									 Any person may
				request notice of the time and place of any and all regularly scheduled
				meetings of boards and commissions staffed by the Ohio development services
				agency by:
(1)
										
				Writing to Ohio Development Services Agency, Communications and Marketing
				Division, 77 South High Street, Columbus, Ohio 43215, or
(2)
										 Emailing such
				request to communication@development.ohio.gov.
Ohio Administrative Code › Title 122:1 - Impacted Cities Program › Chapter 122:1-1 - Certification Criteria and Procedures › Section 122:1-1-01 - Effect of decertification

Current through all regulations passed and filed through July 1, 2024
In the event that an "Impacted City" enters into a financial
				agreement for a project with a community urban redevelopment corporation
				pursuant to section  1728.07  of the Revised Code,
				subsequent revocation of a workable program certification shall in no way
				affect the project or the financial agreement.
R.C.
				119.032 review dates:
				11/22/2013 and
				11/22/2018
Promulgated
				Under: 119.03
Statutory
				Authority: 122.06
Rule
				Amplifies: 1728.01
Prior
				Effective Dates: 8/11/1974, 9/26/1998,
				12/22/2004
Ohio Administrative Code › Title 122:1 - Impacted Cities Program › Chapter 122:1-1 - Certification Criteria and Procedures › Section 122:1-1-03 - Certification

Current through all regulations passed and filed through July 1, 2024
(A) Written notice
			 of the director of 
								the development service agency's action shall be
			 sent to the applicant within sixty days of receipt of an application. The
			 director shall take such action only after an application has been determined
			 to completely address the criteria set forth in rule 122:1-2-02 of  the Administrative Code or an application where the municipal corporation has failed to respond to the director's request for additional information or
			 clarification within thirty days of receipt of written notice In the event
			 certification is not granted, the director shall provide the applicant with a
			 written statement of the reasons therfore.
(B) In the event certification is not
			 granted, the chief executive officer of the applying municipal corporation may
			 request a formal conference with the director of the
			 development services agency or the director's
			 representative by giving written notice of the request within thirty days
			 after receipt of notice of refusal. The executive officer of the applying
			 municipal corporation shall send, either together with the notice of a request
			 for a formal conference or within a reasonable time thereafter, any additional
			 information, evidence, or argument, which the chief
			 executive officer
								
								contemplates the municipal corporation may wish
			 to present in support of its application at the formal conference.
(C) Within thirty days from receipt of a
			 request for a formal conference, the director of development
			 services agency or the director's representative
			 shall set a time and place for the formal conference.
(D) The applying municipal corporation may
			 provide at the formal conference in support of its application any additional
			 information, evidence, or argument, which shall not be restricted to that
			 submitted earlier.
(E) Within ten
			 days after the formal conference the director shall notify the applying
			 municipal corporation of his decision on rehearing which may be any of the
			 following:
(1) Affirmation of
			 the
									 prior
			 action;
(2) Reversal of
			 the prior
			 action;
(3) Continuance of the
			 matter until a date certain, during which time the applicant may show that each
			 criterion set forth in rule 122:1-1-02 of  the Administrative Code is substantially satisfied.
Ohio Administrative Code › Title 122:1 - Impacted Cities Program › Chapter 122:1-1 - Certification Criteria and Procedures › Section 122:1-1-04 - Recertification and reporting requirements

Current through all regulations passed and filed through July 1, 2024
(A) In order to retain the certification of a
			 workable program certified other than on the basis of current federal
			 certification, a municipal corporation shall submit two years after
			 certification and every two years thereafter to the director of
			 the development services
			 agency the following items:
(1) A
			 statement of any changes in its workable program;
(2) A list of all projects that are in
			 process including but not limited to those under construction currently subject
			 to a tax exemption or otherwise deemed active by the applicant during the
			 previous two year period on a form provided by the director of
			 the development services
			 agency; and
(3) A list of all
			 community urban renewal corporations that have been created as part of an
			 "Impacted Cities" project and formerly recognized by the applicant regardless
			 of whether they are currently involved in an active project.
If there has been no substantial change with respect to a
				particular element, a statement to that effect may be sufficient, but
				reasonable supporting documentation and information may be required upon the
				request of the director of the development
				services agency.
Ohio Administrative Code › Title 122:1 - Impacted Cities Program › Chapter 122:1-1 - Certification Criteria and Procedures › Section 122:1-1-05 - Decertification

Current through all regulations passed and filed through July 1, 2024
(A) If upon review
			 of the statement required by paragraph (A) of rule 122:1-1-04 of  the Administrative Code, the director of the
			 development services agency determines that a
			 workable program no longer meets the criteria of rule 122:1-1-02 of  the Administrative Code, then the director shall send to the executive officer of the
			 municipal corporation notice that the workable program of the municipal
			 corporation is decertified effective thirty days after receipt of the notice.
			 The notice of decertification shall include the reasons for
			 decertification.
(B) In the event
			 of decertification pursuant to paragraph (A) of this rule, the chief executive
			 officer of the affected municipal corporation may request a formal conference
			 with the director of the development
			 services agency or the director's representative
			 by giving written notice of the request within thirty days after receipt of
			 notice of decertification. A request for a formal conference shall stay
			 decertification of the municipal corporation's workable program. The executive
			 officer of the applying municipal corporation shall send, either together with
			 the notice of a request for a formal conference or within a reasonable time
			 thereafter, any additional information, evidence, or argument, which
			 
								the
			 executive officer contemplates the municipal corporation may wish to
			 present in support of continued certification at the formal
			 conference.
(C) Within thirty days
			 from receipt of a request for a formal conference, the director of
			 the development services
			 agency or the director's representative shall set a time and place for
			 the formal conference.
(D) The
			 applying municipal corporation may provide at the formal conference in support
			 of continued certification any additional information, evidence, or argument,
			 which shall not be restricted to that submitted earlier.
(E) Within ten days after the formal
			 conference the director shall notify the applying municipal corporation of his
			 decision on rehearing which may be any of the following:
(1) Affirmation of the
									 prior
			 decision to decertify,
(2) Reversal
			 of the
									
			 prior decision to decertify,
(3)
			 Continuance of the matter until a date certain, during which time the applicant
			 may show that each criterion set forth in rule 122:1-1-02 of  the Administrative Code is substantially satisfied.
Ohio Administrative Code › Title 122:4 - Economic Development Division › Chapter 122:4-1 - Tax Exemption Application and Criteria › Section 122:4-1-01 - Enterprise zone characteristics definitions

Current through all regulations passed and filed through July 1, 2024
(A) As used in division (A)(1)(d) of section
			  5709.61  of the Revised Code, a
			 prevalence shall mean that at least five per cent of the commercial or
			 industrial structures in the area proposed as an enterprise zone are vacant or
			 demolished, or are vacant and the taxes charged thereon are delinquent.
(1) A retail facility in the area shall be
			 counted as a commercial structure.
(2) A vacant structure is a facility which
			 has fifty-one per cent or more of its total square footage under a roof
			 vacant.
(3) Facilities which are
			 both vacant or demolished, and vacant and tax delinquent, shall only be counted
			 once.
(4) The applicable county or
			 municipal corporation shall certify the accuracy of the criteria set forth in
			 this paragraph, and shall also certify that the creation of the enterprise zone
			 will most likely result in the reduction of vacant and demolished, and vacant
			 and tax delinquent, structure in the area of the county or corporation shall
			 also specify a rationale to explain the basis of the certification.
(5) The applicable county or municipal
			 corporation shall update the criteria set forth in this paragraph every two
			 years to maintain the status of the area as an enterprise zone.
Ohio Administrative Code › Title 122:4 - Economic Development Division › Chapter 122:4-1 - Tax Exemption Application and Criteria › Section 122:4-1-02 - Enterprise zone agreement tax exemption fee

Current through all regulations passed and filed through July 1, 2024
(A) The state's application fee for
			 applications submitted to a municipal corporation or county to enter into an
			 agreement under section
			  5709.62,
			  5709.63, or
			  5709.632  of the Revised Code
			 shall be seven hundred fifty dollars.
(B) Payment shall be in the form of a check
			 or money order made payable to the Ohio  development services agency by an
			 enterprise at the time of application and shall be forwarded to the Ohio
			  development
			 services agency with the executed agreement by
			 the municipal corporation or county.
(C) If the application does not result in the
			 approval of the agreement, then the fee shall be refunded to the applicant by
			 the municipal corporation or county. Otherwise, such fee shall be
			 non-refundable.
(D) No more than
			 one fee shall be collected per application.
(E) The director of the development services
			 agency shall notify the tax commissioner to withhold the approval of all
			 tax exemptions pertaining to an agreement which has not met the enterprise zone
			 tax exemption fee requirements set forth in this rule.
Ohio Administrative Code › Title 122:4 - Economic Development Division › Chapter 122:4-1 - Tax Exemption Application and Criteria › Section 122:4-1-03 - Municipal corporation enterprise zone designation criteria

Current through all regulations passed and filed through July 1, 2024
(A) As used in division (A) of section
			  5709.62  and division (A) of section
			  5709.632  of the Revised Code,
			 the petition shall be in a form prescribed by the director of
			 the development services
			 agency.
(B) As used in
			 division (C) of section
			  5709.62  of the Revised Code,
			 "establish" shall mean the creation of a facility which is determined to the
			 satisfaction of the director of the development
			 services agency to entail significant investment in real and/or tangible
			 personal property other than inventory.
Ohio Administrative Code › Title 122:4 - Economic Development Division › Chapter 122:4-1 - Tax Exemption Application and Criteria › Section 122:4-1-04 - Seasonal business criteria

Current through all regulations passed and filed through July 1, 2024
As used in division (A)(3) of section
				 5709.64  of the Revised Code,
				seasonal business shall refer to the employment in any industry in which it is
				customary to operate only during regularly recurring periods of less than
				twenty-six weeks in any calendar year. The director of the development service
				agency's determination shall not be effected by the fact that employees
				engage in nonseasonal activities, if such work constitutes a minor, or
				incidental, part of the seasonal operations.
Ohio Administrative Code › Title 122:4 - Economic Development Division › Chapter 122:4-1 - Tax Exemption Application and Criteria › Section 122:4-1-05 - Nonretail position criteria

Current through all regulations passed and filed through July 1, 2024
(A) As
			 used in section  5709.64  of the Revised Code, a
			 nonretail position shall mean the position of one full-time employee whose
			 principal tasks or duties do not include the effecting of transactions wherein
			 one party is obligated to pay the price and the other party is obligated to
			 provide a service or to transfer title to or possession of the item sold, or
			 who is employed at an establishment other than one used primarily for making
			 retail sales.
Ohio Administrative Code › Title 122:4 - Economic Development Division › Chapter 122:4-1 - Tax Exemption Application and Criteria › Section 122:4-1-06 - Municipal corporation and county enterprise zone report

Current through all regulations passed and filed through July 1, 2024
As used in division (A) of section
				 5709.68  of the Revised Code, the
				report shall be in a form prescribed by the director of the development services
				agency.
Ohio Administrative Code › Title 122:4 - Economic Development Division › Chapter 122:4-1 - Tax Exemption Application and Criteria › Section 122:4-1-08 - Tax incentive review council reporting requirements

Current through all regulations passed and filed through July 1, 2024
Tax incentive review councils shall annually submit a copy of
				the written recommendations required by division (C)(1) of section
				 5709.85  of the Revised Code to
				the director of the development
				services agency.
Ohio Administrative Code › Title 122:4 - Economic Development Division › Chapter 122:4-1 - Tax Exemption Application and Criteria › Section 122:4-1-10 - Enterprise zone program employee tax credit

Current through all regulations passed and filed through July 1, 2024
(A) Applicants for the Ohio enterprise zone
			 program's employee tax credit shall provide the name, social security number,
			 employment start date, the county of residence for the twelve months prior to
			 employment and the type of assistance the employee received (temporary
			 assistance for needy families or predecessor) at the time of employment as a
			 result of an enterprise zone agreement for each employee claimed as
			 eligible.
(B) Business shall also
			 provide:
(1) Documentation of a valid
			 enterprise zone agreement for a project occurring in a designated metropolitan
			 statistical area central city or an appalachian county; and
(2) A general information release allowing
			 the director of the development services agency
			 to request confirmation from the tax commissioner and the director of the
			 environmental protection agency clearance that the applicant does not owe any:
			 (a) delinquent state or local taxes; (b) any monies to the state or a state
			 agency for the administration or enforcement of any environmental laws or other
			 state laws; and (c) any other monies to the state, a state agency or a
			 political subdivision of the state that are past due, whether the amounts owned
			 are being contested in a court of law or not. Should it be determined that the
			 applicant owes taxes or payments, the applicant will be notified and given
			 thirty days to cure the deficiency. No employee tax credit certificate will be
			 issued until resolution.
Ohio Administrative Code › Title 122:5 - Office of Community Services › Chapter 122:5-1 - Community Service Block Grant Funding › Section 122:5-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in the rules of the office of community
				assistance.
(A) "Withholding" means action taken by the
			 office of community assistance
			 in the community services division ("OCA/CSD") to hold
			 back the payment of funds temporarily at the commencement of a new grant period
			 and fiscal year pending the eligible entity's satisfactory completion of the
			 approval application process, outstanding major issues from the prior fiscal
			 year, for just cause, and for a period of time not to exceed sixty
			 days.
(B) "Suspension" means action
			 taken by OCA/CSD to exclude an eligible entity temporarily from
			 receiving payment in whole or in part for a period of time not to exceed ninety
			 days.
(C) "Termination" means
			 action taken by OCA/CSD to terminate the eligible entity's grant and
			 cease payment in whole or in part after a public hearing on the
			 record.