reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-4 - Health Care Coverage › Section 145-4-11 - Rescission of coverage

Current through all regulations passed and filed through July 1, 2024
The 
				dental and vision coverage of an enrolled
				benefit recipient or dependent and eligibility for participation in the health
				reimbursement arrangement plan shall be rescinded if the individual is
				convicted of falsification under section
				2921.13
				of the Revised Code regarding any coverage or plan or performs an act, practice
				or omission that constitutes fraud or makes an intentional misrepresentation of
				material fact regarding the coverage or plan. The effective date of the
				termination of coverage or plan participation shall be the earlier of the date
				of the conviction or the act, practice or omission that constitutes fraud or an
				intentional misrepresentation of material fact, unless otherwise limited by
				Ohio law. The retirement system shall notify the individual of the rescission
				at least thirty days prior to processing the rescission. The rescission of a
				benefit recipient's coverage applies to all enrolled dependents and all
				coverage and plan options.
Effective:
				1/1/2022
Five Year Review (FYR) Dates:
				9/20/2023
Promulgated Under:
				111.15
Statutory Authority:
				145.09,
				145.58
Rule Amplifies:
				145.58,
				145.584
Prior Effective Dates: 08/20/1976, 12/09/1988, 04/01/1993,
				06/29/1996, 05/04/2000, 10/09/2000, 03/22/2002, 08/08/2002, 01/01/2003,
				04/15/2004, 01/01/2005, 01/01/2007, 01/01/2009, 01/01/2011, 01/01/2012,
				09/10/2012, 12/10/2012, 01/07/2013 (Emer.), 03/24/2013, 01/01/2014, 01/01/2015,
				01/01/2016
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-4 - Health Care Coverage › Section 145-4-24 - Retiree medical account for member-directed plan

Current through all regulations passed and filed through July 1, 2024
(A) For each member who is contributing to
			 the member-directed plan under section
			 145.85 of the Revised Code, the
			 public employees retirement system shall credit to a retiree medical account a
			 portion of the employer contribution under section
			 145.86 of the Revised Code. The
			 portion of employer contribution to be credited shall be determined by the
			 board.
(B) The rights of a member
			 participating in the member-directed plan to reimbursement under a retiree
			 medical account shall be governed exclusively by the provisions of the "public
			 employees retirement system of Ohio retiree medical account." The member
			 shall vest in amounts accumulated in the retiree medical account as provided in
			 the "public employees retirement system of Ohio retiree medical
			 account."
Five Year Review (FYR) Dates:
				10/10/2018 and
				09/29/2023
Promulgated
				Under: 111.15
Statutory
				Authority: 145.09,
				145.83,
				145.88
Rule
				Amplifies: 145.83
Prior
				Effective Dates: 04/15/2004, 10/27/2006, 07/01/2016 (Emer.),
				09/01/2016
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-4 - Health Care Coverage › Section 145-4-25 - Dental and vision coverage

Current through all regulations passed and filed through July 1, 2024
(A)
								As used in this
			 rule:
(1)
									"Benefit recipient" means person receiving a benefit from
			 the public employees retirement system. "Benefit" means monthly amounts paid to
			 an individual pursuant to section
			 145.32,
			 145.33,
			 145.331,
			 145.332,
			 145.35,
			 145.36,
			 145.361,
			 145.37,
			 145.384,
			 145.45,
			 or
			 145.46
			 of the Revised Code, or section
			 9.02,
			 article X, or article XI of the combined plan docment.
(2)
									"Dependent"
			 means:
(a)
										The
			 spouse of a benefit recipient.
(b)
										The biological or
			 legally adopted child of a benefit recipient who is under the age of
			 twenty-six.
(c)
										The grandchild of a benefit recipient for whom the
			 benefit recipient has been ordered pursuant to section
			 3109.19
			 of the Revised Code, or equivalent order from another state, to provide dental
			 and vision coverage.
A benefit recipient shall inform the
				retirement system, in writing, not later than thirty days after an eligible
				dependent no longer meets the requirements of this rule. The retirement system
				may require a benefit recipient to certify the status of an individual as an
				eligible dependent for coverage. Failure to provide certification within sixty
				days of the request by the retirement system shall result in the denial or
				withdrawal of coverage for such individual until the open enrollment
				period.
(3)
									"Initial benefit
			 payment" has the same meaning as in rule
			 145-1-65
			 of the Administrative Code.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-4 - Health Care Coverage › Section 145-4-28 - Health care plan provisions regarding the Health Insurance Portability and Accountability Act of 1996 ("HIPAA")

Current through all regulations passed and filed through July 1, 2024
(A)
								 As used in this
			 rule:
(1)
									
			 "Electronic protected health information" means protected health information
			 that is transmitted by electronic media or maintained in electronic
			 media.
(2)
									 "Enrollment/disenrollment information" means
			 information on whether the individual is participating in the health plan, or
			 is enrolled in or has disenrolled from a health insurance issuer, health
			 maintenance organization, or health insuring corporation offered by the
			 plan.
(3)
									 "Plan" means any health plan maintained by the Ohio
			 public employees retirement system under the authority granted in section
			 145.58 of the Revised
			 Code.
(4)
									 "Plan administration functions" means administrative
			 functions performed by the plan sponsor of a health plan on behalf of the
			 health plan and excludes functions performed by the plan sponsor in connection
			 with any other benefit or benefit plan of the plan sponsor.
(5)
									 "Plan sponsor"
			 means the Ohio public employees retirement system.
(6)
									 "Protected
			 health information" means individually identifiable health information that is
			 transmitted by electronic media; maintained in electronic media; or transmitted
			 or maintained in any other form or medium.
(7)
									 "Summary health
			 information" means information (a) that summarizes the claims history, claims
			 expenses, or type of claims experienced by individuals for whom a plan sponsor
			 has provided health coverage under the plan; and (b) from which the information
			 described at 42 C.F.R. Section 164.514(b)(2)(i), 67 F.R. 53270 (2002), has been
			 deleted, except that the geographic information described in 42 C.F.R. Section
			 164.514(b)(2)(i)(B) need only be aggregated to the level of a five-digit ZIP
			 code.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-4 - Health Care Coverage › Section 145-4-70 - Reimbursement of medicare part "A" premium

Current through all regulations passed and filed through July 1, 2024
(A) The public employees retirement system
			 shall make available to each eligible benefit recipient and spouse, in its sole
			 discretion, one of the following: the coverage equivalent to medicare part A
			 hospital coverage or an amount determined by the public employees retirement
			 board to reimburse the premium of such coverage as described in section
			 145.584
			 of the Revised Code.
(B) If the
			 board provides a reimbursement amount described in paragraph (A) of this rule,
			 all of the following requirements shall be met:
(1) The benefit recipient or spouse provides
			 proof of enrollment in medicare part A coverage in the form required by the
			 system containing the medicare part A premium amount and effective
			 date;
(2) The benefit recipient or
			 spouse certifies to the retirement system that the premium amount is not
			 reimbursed from another source;
(3)
									A
			 medicare supplemental plan that is not sponsored by the system and that would
			 allow for participation in the health reimbursement arrangement
			 is in effect.
The reimbursement shall be effective in the month that all of
				the requirements of this paragraph are met.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-4 - Health Care Coverage › Section 145-4-72 - Reimbursement of medicare part "B" premium

Current through all regulations passed and filed through July 1, 2024
(A) The public employees retirement board
			 shall determine the monthly amount paid to reimburse for medicare part "B"
			 coverage, if any. The amount paid shall be the following, except that the board
			 shall make no payment that exceeds the amount paid by the recipient for the
			 coverage:
(1) For calendar year 2013,
			 ninety-six dollars and forty cents;
(2) For calendar year 2014, ninety-six
			 dollars and forty cents;
(3) For
			 calendar year 2015, sixty-three dollars and sixty-two cents;
(4) For calendar year 2016, thirty-one
			 dollars and eighty-one cents;
(5)
			 For calendar year 2017 and each year thereafter, zero.
Ohio Administrative Code › Title 148 - Ohio Public Employees Deferred Compensation › Chapter 148-1 - General Provisions › Section 148-1-02 - Notice of meetings

Current through all regulations passed and filed through July 1, 2024
(A) This rule is adopted in compliance with,
			 and under the authority of, division (F) of section
			  121.22 
			 of the Revised Code. Subject to the provisions of section
			  121.22 
			 of the Revised Code, all meetings of the public employees deferred compensation
			 board, and all meetings of any committee or subcommittee of the board, shall be
			 open to the public.
(B) Any person
			 may determine the time and place of all regularly scheduled meetings and the
			 time, place, and purpose of all special meetings by:
(1) Writing to the following address: "Ohio
			 Public Employees Deferred Compensation Board, 257 East Town Street, Suite 400,
			 Columbus, Ohio 43215-4623."
(2)
			 Calling the following telephone number during normal business hours: (614)
			 466-7245.
(3) By consulting the
			 state house press room.
Ohio Administrative Code › Title 148 - Ohio Public Employees Deferred Compensation › Chapter 148-1 - General Provisions › Section 148-1-03 - Notice on rules

Current through all regulations passed and filed through July 1, 2024
The procedure of the Ohio public employees deferred
				compensation board for giving public notice relative to the adoption, amendment
				or recission of rules under Chapter 119. of the Revised Code shall be:
(A) The board shall cause a statement of its
			 intention to consider adopting, amending or rescinding a rule, a brief synopsis
			 or a general statement of said proposed rule for adoption, amendment or
			 rescission, a statement of the reason or purpose for adopting, amending or
			 rescinding the rule, and the date, time and place of hearing on the proposed
			 action, shall be published in the register of Ohio
			 (www.registerofohio.state.oh.us) pursuant to division (A) of section
			  119.03 
			 of the Revised Code.
(B) The board
			 shall furnish the public notice required under section
			  119.03 
			 of the Revised Code and as detailed by paragraph (A) of this rule to any person
			 who requests notice in writing and pays the cost of copying and mailing.
(C) The board shall file in
			 electronic form the proposed rule to be adopted, amended or rescinded as
			 required under division (B) of section
			  119.03 
			 of the Revised Code.
(D) The board
			 shall have available for review at the board's office by any person upon
			 request a legible copy of the text of the proposed rule to be adopted, amended
			 or rescinded.
(E) If after public
			 hearing the board determines that the proposal shall be adopted, amended or
			 rescinded, or in the case of an emergency rule, that the adoption shall be made
			 final, a copy of said rule as adopted, amended or rescinded shall be filed in
			 electronic form with the secretary of state and the director of the legislative
			 service commission as required under Chapter 119. of the Revised Code.
(F) Prior to the effective date of
			 the rule, amendment or recission, the board shall make a reasonable effort to
			 inform those affected by the rule, amendment or recission and to have available
			 for distribution to those requesting it, the full text of the rule as adopted,
			 amended or rescinded.
Five Year Review (FYR) Dates:
				08/19/2015 and
				08/19/2020
Promulgated
				Under:
				 119.03
Statutory Authority:
				 148.04
Rule Amplifies:
				 148.04
Prior Effective Dates: 1/31/83, 3/6/00, 6/2/05,
				8/11/10
Ohio Administrative Code › Title 149 - Ohio Historical Society › Chapter 149-1 - General Provisions › Section 149-1-01 - Method of public notice in adopting, amending or rescinding rules

Current through all regulations passed and filed through July 1, 2024
(A) The Ohio
			 historical society is a corporation not for profit which is authorized by
			 section
			  149.30 
			 of the Revised Code to perform public functions as prescribed by law. The
			 director of the Ohio historical society is appointed by the board of trustees
			 of the Ohio historical society in the manner provided by the constitution of
			 the society. The promulgation of this rule shall not change the status of the
			 Ohio historical society as a private, not for profit organization.
(B) Under section
			  149.54 
			 of the Revised Code, the director of the Ohio historical society is authorized
			 and directed to adopt, amend and rescind rules in accordance with Chapter 119.
			 of the Revised Code, prescribing minimum education, training and experience
			 requirements for personnel in charge of or otherwise engaging in archaeological
			 survey and salvage work, and prescribing scientific methods for undertaking
			 such activities.
(C) Prior to the
			 adoption, amendment or rescission of any rule by the director of the Ohio
			 historical society pursuant to section
			  149.54 
			 of the Revised Code the director shall give public notice of his intention to
			 consider adoption, amendment or rescission of such rule. Such notice shall be
			 published once at least thirty days prior to the date set for hearing in one
			 newspaper of general circulation in any three of the following Ohio cities:
			 Akron, Cincinnati, Cleveland, Dayton, Toledo, Youngstown. Such notice shall
			 include:
(1) A statement of the Ohio
			 historical society's intention to consider adoption, amendment, or rescission
			 of a rule; and
(2) A synopsis of
			 the proposed rule, amendment, or rescission, or a general statement of the
			 subject matter to which the proposed rule, amendment, or rescission relates;
			 and
(3) A statement of the reason
			 or purpose for adopting, amending, or rescinding the rule; and
(4) The date, time and place set for the
			 public hearing on said proposed action.
Ohio Administrative Code › Title 150 - Ohio Venture Capital Program › Chapter 150-1 - Investment Policy › Section 150-1-01 - Ohio venture capital program investment policy

Current through all regulations passed and filed through July 1, 2024
(A) Purpose of the investment policy.
The Ohio venture capital program investment policy (the
				"investment policy") outlines the policies and procedures to be followed by the
				program administrator selected by the Ohio venture capital authority (the
				"authority") to manage the Ohio venture capital program (the "program")
				established under Chapter 150. of the Revised Code. Specifically, this
				investment policy:
(1) Identifies the
			 program's expected investment objectives;
(2) Establishes the program's investment
			 focus, standards and limitations;
(3) Describes the mechanisms for securing any
			 "loss" (as defined in division (A)(4) of section
			  150.01  of the Revised Code)
			 incurred by lenders to the program fund created under section
			  150.03  of the Revised Code (the
			 "program fund"), including restoring monies used to pay losses from reserves
			 established and maintained by a "trustee" (as defined in division (A)(9) of
			 section  150.01  of the Revised Code) as
			 described in division (B)(2) of section
			  150.04  of the Revised Code.
(4) Specifies certain components
			 of the criteria and process to be used by the program administrator to identify
			 investments that best achieve the program's purpose.
Ohio Administrative Code › Title 152 - Ohio Building Authority › Chapter 152-1 - General Provisions › Section 152-1-01 to 152-1-09

Current through all regulations passed and filed through July 1, 2024
Rules 152-1-01 to  152-1-09renumberedasrules123-5-01 to 123-5-09asauthorizedby§   515.40(B)   of H.B. 153 of the 129th General
				Assembly.
Ohio Administrative Code › Title 153:1 - Ohio Facilities Construction Commission (Public Facilities Construction) › Chapter 153:1-1 - Professional Design Services › Section 153:1-1-01 - Announcement of professional design and design-build contracts and qualifications-based selection of professional design firms

Current through all regulations passed and filed through July 1, 2024
(A) Definitions: For the purpose of rules
			 153:1-1-01 and
			 153:1-1-02 of the
			 Administrative Code:
(1) "Public exigency"
			 shall have the meaning given it in section
			 123.10 of the Revised
			 Code.
(2) The following terms shall
			 have the meanings given them in section
			 153.65 of the Revised Code:
			 "professional design firm," "professional design services," "qualifications,"
			 "design-build firm," "design-build services," and "criteria architect or
			 engineer."
(3) "EDGE" means the
			 "Encouraging Diversity, Growth, and Equity" business development program
			  pursuant to section
			 
									122.922 of the Revised
			 Code.
(4) "State" means any
			 organized body, office, or agency established by the laws of this state for the
			 exercise of any function of state government; or any institution of higher
			 education as defined in section
			 3345.011 of the Revised Code.
			 The "state" does not include the department of transportation or the Ohio
			 turnpike commission when engaging professional design services for
			 transportation projects.
(5)
			 "Selection coordinator" means a person appointed by the state to coordinate the
			 selection process.
Ohio Administrative Code › Title 153:1 - Ohio Facilities Construction Commission (Public Facilities Construction) › Chapter 153:1-1 - Professional Design Services › Section 153:1-1-02 - Prequalification of professional design firms

Current through all regulations passed and filed through July 1, 2024
(A) Professional design firms seeking to be
			 prequalified to provide services to the state shall maintain a current
			 statement of qualifications on file with the state.
(B) The prequalification requirements shall
			 be based on the factors set forth in divisions (D) (1)(a), (D)(2), (D)(3), and
			 (D)(4) of section 153.65 of the Revised Code. The
			 criteria shall include a point system developed to encourage EDGE business
			 participation pursuant to division (B)(6) of section 
								122.922 of the Revised
			 Code, if applicable.
(C) For the
			 purpose of awarding contracts to firms from a list of prequalified firms
			 created pursuant to sections
			 153.68 and
			 153.691 of the Revised Code, the
			 state shall select the most qualified firm as follows:
(1) The state may request technical proposals
			 from not less than three firms, then rank and select the firm determined by the
			 state to be most qualified, provided the firms were evaluated by the state
			 prior to approval by the controlling board; or
(2) If the estimated initial fees are less
			 than or equal to one hundred thousand dollars, the state may request a
			 technical and fee proposal from one firm determined by the state to be most
			 qualified, provided the firms were evaluated by the state prior to approval by
			 the controlling board; or
(3) If
			 the estimated initial fees are more than one hundred thousand dollars, the
			 state may request technical proposals from and hold interviews with not less
			 than three firms, and rank, select, and negotiate a contract with the firm
			 determined by the state to be most qualified, provided the firms were evaluated
			 by the state prior to approval by the controlling board.
Ohio Administrative Code › Title 153:1 - Ohio Facilities Construction Commission (Public Facilities Construction) › Chapter 153:1-1 - Professional Design Services › Section 153:1-1-03 - Authority of a contracting authority in the award of qualification based selections

Current through all regulations passed and filed through July 1, 2024
A contracting authority shall adhere to
				the following procedures for the approval or award of qualification based
				selection contracts:
(A)
								 The contracting authority shall not change the
			 recommendation of an interview committee or prevent the award of contract for a
			 qualification based selection unless the contracting authority, upon reviewing
			 the selection, discovers that one or more of the following exists:
(1)
									 The contract
			 cannot be awarded under section
			 9.24 of the Revised Code because
			 the person or firm has a finding for recovery issued by the auditor of state,
			 and the finding for recovery is unresolved;
(2)
									 The recommended
			 firm is debarred under section
			 153.02 of the Revised
			 Code;
(3)
									 The recommended firm has been found by a court to be
			 in default of a judgment or breach of settlement agreement;
(4)
									 The recommended
			 firm has violated section
			 3517.102 of the Revised Code by
			 exceeding allowable campaign contributions;
(5)
									 A correction of
			 a clerical error made by the selection coordinator or interview committee
			 changes the result of a selection;
(6)
									 A conflict of
			 interest exists between the evaluation committee or interview committee members
			 and proposing firms.
Ohio Administrative Code › Title 153:1 - Ohio Facilities Construction Commission (Public Facilities Construction) › Chapter 153:1-2 - Document Forms › Section 153:1-2-01 - Form of construction manager at risk contract documents

Current through all regulations passed and filed through July 1, 2024
(A) The state and state institutions of
			 higher education as defined in section
			 3345.011 of the Revised Code,
			 shall use the contract forms developed by the Ohio facilities construction
			 commission and found on the following website under CM at Risk:
			 ofcc.ohio.gov.
(B) All other public authorities as defined
			 in division (A)(1) of section
			 153.65 of the Revised Code,
			 excluding the Ohio turnpike commission, shall use one of the following contract
			 forms:
(1) The contract forms developed by the
			 Ohio facilities construction commission and found on the following website
			 ofcc.ohio.gov.
(2) Contract documents as published and
			 licensed by the American institute of architects and found on the following
			 website:
http://www.aia.org/contractdocs/index.htm
.
(3) Contract documents as published and
			 licensed by ConsensusDOCS, LLC and found on the following website:
www.consensusdocs.org
.
(4) Contract documents as published and
			 licensed by the construction management association of America and found on the
			 following website :
http://cmaanet.org/contracts
.
Ohio Administrative Code › Title 153:1 - Ohio Facilities Construction Commission (Public Facilities Construction) › Chapter 153:1-2 - Document Forms › Section 153:1-2-02 - Form of design-build contract documents

Current through all regulations passed and filed through July 1, 2024
(A) The state and state institutions of
			 higher education as defined in section
			 3345.011 of the Revised Code,
			 shall use the contract forms developed by the Ohio facilities construction
			 commission and found on the following website : ofcc.ohio.gov.
(B) All other public authorities as defined
			 in division (A)(1) of section
			 153.65 of the Revised Code,
			 excluding the Ohio turnpike commission, shall use one of the following contract
			 forms:
(1) The contract forms developed by the
			 Ohio facilities construction commission and found on the following website:
									ofcc.ohio.gov;
			 or
(2) Contract documents as
			 published and licensed by the American institute of architects and and found on
			 the following website: aia.org.
(3) Contract documents as published and
			 licensed by ConsensusDOCS, LLC and and found on the following website:
www.consensusdocs.org
.
(4) Contract documents as published and
			 licensed by the design-build institute of America and found on the following
			 website:
http://dbia.org/Pages/Bookstore.aspx
.
(5) Contract documents as published and
			 licensed by the engineers joint contract documents committee and found on the
			 following website:
www.edjc.org/
.
Ohio Administrative Code › Title 153:1 - Ohio Facilities Construction Commission (Public Facilities Construction) › Chapter 153:1-3 - Subcontract Form › Section 153:1-3-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) For the purpose
			 of this chapter, "construction manager at risk" shall have the same meaning
			 given it in section 9.33 of the Revised
			 Code.
(B) For the purpose of this
			 chapter, "public authority" and "design-build firm" shall have the meanings
			 given them in section
			 153.65 of the Revised Code, but this rule does not apply to the department of
			 transportation as the director of the department of transportation has specific
			 statutory authority under Chapters 5517., 5525. and 5526. of the Revised Code
			 to establish a design build program, criteria and selection process.
(C) For the purpose of this chapter, "general
			 contracting firm" shall have the same meaning given it in section
			 153.50 of the Revised
			 Code.
(D) "Contingent payment
			 clause" means language that makes the contractor's obligation to pay the
			 subcontractor contingent upon the contractor's receipt of payment from the
			 public authority for the subcontractor's work.
(E) "Contractor" means either a construction
			 manager at risk, design-build firm, or general contracting firm.
(F) "Work" means the labor, materials,
			 equipment, and services, individually or collectively, which are required by
			 the contract documents to be performed or provided by the contractor for the
			 project.
(G) "Contract documents"
			 means collectively the documents that constitute the substance of the contract
			 between the contractor and the public authority, including, but not limited to,
			 all exhibits and addendum to that contract, drawings, specifications, general
			 conditions, supplementary conditions, and any change orders.
(H) "Subcontractor" means any person or
			 entity who undertakes to perform any part of the work on the project that is in
			 privity of contract with a contractor.
(I) "Subcontract form" means the subcontract
			 form developed by the 
								Ohio facilities construction commission. The current
			 version of the subcontract form shall be found on the following website under
			 
								Misc:
								http://ofcc.ohio.gov/Documents/AgreementsandStandardRequirements.aspx.
Effective: 1/13/2017
Five Year
				Review (FYR) Dates: 10/28/2016 and
				01/13/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 153.503
Rule
				Amplifies: 9.33 -
				9.335,
				153.50 -
				153.581
Prior
				Effective Dates: 12/26/2011
Ohio Administrative Code › Title 153:1 - Ohio Facilities Construction Commission (Public Facilities Construction) › Chapter 153:1-3 - Subcontract Form › Section 153:1-3-02 - Form of subcontract

Current through all regulations passed and filed through July 1, 2024
(A)
								 The contractor
			 shall use the subcontract form when entering into any subcontract.
(1)
									 A public
			 authority may supplement the subcontract form to include project-specific
			 requirements that do not conflict with the requirements set forth in this
			 chapter.
(2)
									 A contractor may supplement the subcontract form to
			 include terms and conditions that do not conflict with the requirements set
			 forth in this chapter.
(3)
									 In the event of a conflict between the subcontract
			 form and any part of a contract between the contractor and the subcontractor,
			 the provision of the subcontract form prevails.
(4)
									 Unless the
			 public authority takes assignment of the subcontract under paragraph (B)(2) of
			 this rule, the subcontractor will not have any contractual rights against the
			 public authority.
(5)
									 A contract between a contractor and subcontractor
			 failing to include the subcontract form shall not relieve the contractor or
			 subcontractor of their obligation to fully comply with all required provisions
			 set forth in this chapter.
(6)
									 The subcontract
			 form shall require compliance with all applicable federal, state, and local
			 law, including but not limited to sections
			 153.03,
			 1311.25 to
			 1311.32,
			 2305.31,
			 4113.61,
			 4113.62, and
			 4115.03 to
			 4115.21, and Chapters 4703. and
			 4733. of the Revised Code.
Ohio Administrative Code › Title 153:1 - Ohio Facilities Construction Commission (Public Facilities Construction) › Chapter 153:1-4 - Surety Bonds › Section 153:1-4-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								 For the purpose of these rules, the following terms
			 shall have the meanings given them in section
			 9.33 of the Revised Code:
			 "construction manager," "construction manager at risk," and "construction
			 management services."
(B)
								 For the purpose of this chapter, the following terms
			 shall have the meanings given them in section
			 153.65 of the Revised Code:
			 "public authority," "design-build contract," "design-build firm," "architect or
			 engineer of record" and "design-build services."
(C)
								 "Performance
			 bond" means a written guaranty from a surety to a public authority providing
			 financial assurance that the principal will perform the work in accordance with
			 the contract documents.
(D)
								 "Payment bond" means a written guaranty from a surety
			 to a public authority providing financial assurance that the principal will
			 make the required payments to subcontractors and material suppliers for all
			 labor, materials, and other services related to the project.
(E)
								 "Work" means the
			 labor, materials, equipment, and services, individually or collectively, which
			 are required by the contract documents to be performed or provided by the
			 construction manager at risk or design-build firm for the project.
(F)
								
			 "Contract sum" means the amount stipulated in the contract that is the total
			 amount payable to the construction manager at risk or design-build firm for
			 performance of the contract, including adjustments authorized by executed
			 change orders. For purposes of these rules, contract sum does not include any
			 compensation for architect or engineer of record services under a design-build
			 contract.
Five Year Review (FYR) Dates:
				01/03/2017 and
				01/03/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 9.333(B),
				153.70(C)
Rule Amplifies:
				9.333,
				153.70
Prior
				Effective Dates: 12/26/2011
Ohio Administrative Code › Title 153:1 - Ohio Facilities Construction Commission (Public Facilities Construction) › Chapter 153:1-5 - Advertising for Construction Manager › Section 153:1-5-01 - Electronic advertising

Current through all regulations passed and filed through July 1, 2024
(A)
								 For the purposes
			 of this chapter, the following terms shall have the meaning given them in
			 section 9.33 of the Revised Code:
			 construction manager, construction manager at risk, and public authority.
(B)
								 This
			 rule applies only to a construction manager or a construction manager at risk
			 project.
(C)
								 In addition to the requirements set forth in section
			 9.331 of the Revised Code, a
			 public authority planning to employ construction manager or construction
			 manager at risk services may advertise electronically by using one or more of
			 the following:
(1)
									 Placing an advertisement on the website of the
			 newspaper of general circulation in the county where the contract is to be
			 performed;
(2)
									 Placing an advertisement on the state public
			 notification website;
(3)
									 Placing an advertisement on its own official website
			 or on other non-official websites, such as appropriate trade association
			 websites.
Ohio Administrative Code › Title 153:1 - Ohio Facilities Construction Commission (Public Facilities Construction) › Chapter 153:1-6 - Best Value Selection › Section 153:1-6-01 - Best value selection of a construction manager at risk

Current through all regulations passed and filed through July 1, 2024
(A) Definitions:
(1) "Best value" means a selection process in
			 which proposals contain both pricing and performance components, and award is
			 based upon a combination of pricing and performance considerations to determine
			 the offer deemed most advantageous and of the greatest value to the public
			 authority.
(2) "Preconstruction
			 fee" means a combination of home office overhead and profit for services
			 provided during the preconstruction phase of the project, as defined in the
			 contract documents.
(3)
			 "Construction fee" means a combination of home office overhead and profit for
			 services provided during the construction phase of the project, as defined in
			 the contract documents.
(4)
			 "At-risk fee" means the portion of the construction fee attributable to the
			 risk the construction manager at risk assumes by agreeing to be responsible for
			 the performance of the work. The difference between the construction fee and
			 the at-risk fee is the fee the construction manager at risk would charge to
			 provide construction phase services as a construction manager as defined under
			 division (A) of section
			 9.33 of the Revised
			 Code.
(5) "General conditions"
			 means materials, services, and equipment necessary to perform the work but that
			 are not incorporated into the project as defined in the contract
			 documents.
(6) "Contingency" means
			 an amount set aside by the construction manager at risk firm to pay for
			 unexpected events, as defined in the contract documents.
Ohio Administrative Code › Title 153:1 - Ohio Facilities Construction Commission (Public Facilities Construction) › Chapter 153:1-6 - Best Value Selection › Section 153:1-6-02 - Best value selection of a design-build firm

Current through all regulations passed and filed through July 1, 2024
(A) Definitions:
(1) "Best value" a selection process in which
			 proposals contain both pricing and performance components, and award is based
			 upon a combination of pricing and performance considerations to determine the
			 offer deemed most advantageous and of the greatest value to the public
			 authority.
(2) "Design services
			 fee" means the compensation for services provided by the architect or engineer
			 of record.
(3) "Preconstruction
			 fee" means a combination of home office overhead and profit for services
			 provided during the preconstruction phase of the project, as defined in the
			 contract documents.
(4)
			 "Design-build services fee" means a combination of home office overhead and
			 profit for services provided during the construction phase of the project, as
			 defined in the contract documents.
(5) "General conditions" means materials,
			 services, and equipment necessary to perform the work but that are not
			 incorporated into the project as defined in the contract documents.
(6) "Contingency" means an amount set aside
			 by the design-build firm to pay for unexpected events, as defined in the
			 contract documents.
Ohio Administrative Code › Title 153:1 - Ohio Facilities Construction Commission (Public Facilities Construction) › Chapter 153:1-6 - Best Value Selection › Section 153:1-6-03 - Authority of a contracting authority in the award of best value selection contracts

Current through all regulations passed and filed through July 1, 2024
A contracting authority shall adhere to
				either rule 153:1-06-01 or rule 153:1-06-02 of the Administrative Code and the
				following procedures for the approval or award of best value selection
				contracts:
(A)
								 The contracting authority shall designate a selection
			 coordinator to facilitate and manage the procurement of services under this
			 chapter.
(B)
								 The contracting authority shall not change the
			 recommendation of an evaluation committee or prevent the award of contract for
			 a best value selection unless the contracting authority, upon reviewing the
			 selection, discovers that one or more of the following exists:
(1)
									 The contract
			 cannot be awarded under section
			 9.24 of the Revised Code because
			 the person or firm has a finding for recovery issued by the auditor of state,
			 and the finding for recovery is unresolved;
(2)
									 The recommended
			 firm is debarred under section
			 153.02 of the Revised
			 Code;
(3)
									 The recommended firm has been found by a court to be
			 in default of a judgment or breach of settlement agreement;
(4)
									 The recommended
			 firm has violated section
			 3517.102 of the Revised Code by
			 exceeding allowable campaign contributions;
(5)
									 A correction of
			 a clerical error made by the selection coordinator or evaluation committee
			 changes the result of a selection;
(6)
									 A conflict of
			 interest exists between the evaluation committee members and proposing
			 firms.
Ohio Administrative Code › Title 153:1 - Ohio Facilities Construction Commission (Public Facilities Construction) › Chapter 153:1-7 - Prequalification of Prospective Bidders › Section 153:1-7-01 - Prequalification of prospective bidders on subcontracts

Current through all regulations passed and filed through July 1, 2024
(A)
								
			 Definitions:
(1)
									 "Construction manager at risk" shall have the meaning
			 as set forth in division (B)(1) of section
			 9.33 of the Revised Code.
(2)
									
			 "Public authority" shall have the same meaning as set forth in division (A)(1)
			 of section 153.65 of the Revised
			 Code.
(3)
									 "Design-build firm" shall have the same meaning as set
			 forth in division (F) of section
			 153.65 of the Revised
			 Code.
(4)
									 "Trade contract" means an agreement to perform any
			 part of the work on the project under a direct contract with a construction
			 manager at risk or design-build firm.
(5)
									 "Work" means the
			 construction which is required by the contract documents, to be performed or
			 provided by the construction manager at risk or design-build firm for the
			 project. Construction includes labor, materials, equipment, and services.
(6)
									
			 "Prequalification" means a project-specific review conducted by the
			 construction manager at risk or the design-build firm to identify a pool of
			 subcontractors with sufficient skill and experience to perform work on a
			 particular project.
Ohio Administrative Code › Title 153:1 - Ohio Facilities Construction Commission (Public Facilities Construction) › Chapter 153:1-9 - Inflation Adjustment › Section 153:1-9-01 - Adjusting the public bidding threshold for inflation

Current through all regulations passed and filed through July 1, 2024
(A) For the purposes of this chapter:
(1) "Rate of inflation" has the same meaning
			 as in section 107.032 of the Revised
			 Code.
(2) "Public bidding
			 threshold" means the monetary threshold contained in section
			 153.01 of the Revised
			 Code.
Ohio Administrative Code › Title 153:2 - Department of Transportation (Division of Planning and Design) › Chapter 153:2-1 - Professional Design Services › Section 153:2-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) The definitions
			 set forth in section  153.65  of the Revised Code are
			 incorporated in these rules by reference.
(B) "Agency" means any department, board,
			 commission, authority, office, or bureau of this state or state-supported
			 institution of higher education.
(C) "Professional design firm" means any
			 person legally engaged in rendering professional design services.
(D) "Professional design services" means
			 services within the scope of practice of an architect or landscape architect
			 registered under Chapter 4703. of the Revised Code or a professional engineer
			 or surveyor registered under Chapter 4733. of the Revised Code.
(E) "Qualifications" means all of the
			 following:
(1) Competence of the professional
			 design firm to perform the required professional design services as indicated
			 by the technical training, education, and experience of the firm's personnel,
			 especially the technical training, education, and experience of the employees
			 within the firm who would be assigned to perform the services;
(2) Ability of the firm in terms of its
			 workload and the availability of qualified personnel, equipment, and facilities
			 to perform the required professional design services competently and
			 expeditiously;
(3) Past
			 performance of the firm as reflected by the evaluations of previous clients
			 with respect to such factors as control of costs, quality of work, and meeting
			 of deadlines;
(4) Other similar
			 factors.
Ohio Administrative Code › Title 153:2 - Department of Transportation (Division of Planning and Design) › Chapter 153:2-1 - Professional Design Services › Section 153:2-1-02 - Prequalification

Current through all regulations passed and filed through July 1, 2024
(A)
			 Prequalification requirements for professional design firms seeking to provide
			 services shall require each prequalified firm to maintain a current statement
			 of qualifications on file.
(B) The
			 prequalification requirements shall be based on:
(1) Past performance and current performance
			 on state and other contracts and on;
(2) Other factors such as those set out in
			 division (D) of section
			  153.65  of the Revised Code and
			 paragraph (E) of rule 153:2-1-01 of  the Administrative Code.
Ohio Administrative Code › Title 153:2 - Department of Transportation (Division of Planning and Design) › Chapter 153:2-1 - Professional Design Services › Section 153:2-1-03 - Pre-design and announcement

Current through all regulations passed and filed through July 1, 2024
(A)
			 Conduct a pre-design phase for all contracts available for professional design
			 services in order to determine the project scope of services and requirements,
			 the project schedule, the conceptual schematic design, the project budget, and,
			 if appropriate, soil boring and testing, and other analyses.
(B) Upon completion of the pre-design phase,
			 the project shall be announced.
(1) The
			 announcement of the project requirements and scope of services shall be made in
			 a uniform and consistent manner in advance of the time that proposals are
			 received.
(2) The announcement
			 shall include a description of the project, a statement of the specific
			 professional design services required, and a description of the qualifications
			 required for the project.
(3) The
			 announcement shall indicate how qualified professional design firms may submit
			 a proposal or statement of qualifications in order to be considered for a
			 contract to design the project.
(4) The announcement shall be sent to either
			 of the following:
(a) Each professional
			 design firm that has a current statement of qualifications on file and is
			 qualified to perform the required, professional design services;
(b) Architect, landscape architect, engineer,
			 and surveyor trade associations, the news media, and any publications or other
			 public media deemed appropriate.
(5) The announcement can be in the form of a
			 bulletin called the "Ohio Department of Transportation Register". Such bulletin
			 shall include the following:
(a) Proposed
			 requests for design services, with a description of the project, a statement of
			 the specific professional design services required, and a description of the
			 qualifications required for the project;
(b) For each design services project, the
			 list of firms selected pursuant to paragraph (C) of rule 153:2-1-05 of  the Administrative Code;
(c) Notice of
			 awards of contracts for design services, including fees;
(d) Notice of awards for construction
			 contracts.
Ohio Administrative Code › Title 153:2 - Department of Transportation (Division of Planning and Design) › Chapter 153:2-1 - Professional Design Services › Section 153:2-1-04 - Statement of qualifications

Current through all regulations passed and filed through July 1, 2024
(A)
			 Professional design firms shall submit a statement of qualifications on
			 standard form 255 or in any standard format as may be established by the Ohio
			 department of transportation
(B)
			 Each professional design firm shall be responsible for updating its statement
			 of qualifications at regular intervals.
(C) Statements of qualifications of
			 professional design firms presently on file that are not updated and current
			 shall not be automatically reviewed and evaluated for upcoming projects.
Ohio Administrative Code › Title 153:2 - Department of Transportation (Division of Planning and Design) › Chapter 153:2-1 - Professional Design Services › Section 153:2-1-06 - Exemptions

Current through all regulations passed and filed through July 1, 2024
These rules do not apply to any of the following:
(A) Any project with an estimated
			 professional design fee of less than twenty-five thousand dollars.
(B) Any project determined by the director of
			 the department of transportation or designee to be an emergency requiring
			 immediate action including, but not limited to, any projects requiring multiple
			 contracts let as part of a program requiring a large number of professional
			 design firms of the same type.
(C)
			 Any agency that is not empowered by law to contract for professional design
			 services.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-02 - Public hearings on adoption, amendment, or rescission of rules; methods of public notice

Current through all regulations passed and filed through July 1, 2024
(A) Except in the case of an emergency rule
			 authorized under division (G) of section
			 119.03 of the Revised Code, the
			 director shall adopt, amend, or rescind no rule unless he holds a public
			 hearing in accordance with division (C) of that section no earlier than thirty
			 nor later than fifty days after the proposed rule, amendment, or rescission is
			 filed under division (B) of that section.
(B) The director shall provide public notice
			 of the hearing referred to in paragraph (A) of this rule by notifying the
			 liaison individual designated for each district under paragraph (A) of rule
			 164-1-03
			 of the Administrative Code.
(C) The
			 public notice referred to in paragraph (B) of this rule shall contain the
			 following:
(1) A statement of the director's
			 intention to consider adopting, amending, or rescinding a rule;
(2) A synopsis of the proposed rule,
			 amendment, or rule to be rescinded or a general statement of the subject matter
			 to which the proposed rule, amendment, or rescission relates;
(3) A statement of the reason or purpose for
			 adopting, amending, or rescinding the rule; and
(4) The date, time, and place of the hearing
			 referred to in paragraph (A) of this rule.