reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-5 - State Use Committee; Central Nonprofit Corporation › Section 4115-5-02 - Duties and powers of the committee for the purchase of products and services provided by, persons with severe disabilities

Current through all regulations passed and filed through July 1, 2024
(A) The committee shall:
(1) Establish rules to assure the effective
			 and efficient administration of the program implemented by section
			  4115.31 
			 to
			  4115.35 
			 of the Revised Code.
(2)
			 Establish, maintain, and publish a procurement list of all products and
			 site-specific services pursuant to division (A) (3) of section
			  4115.33 
			 of the Revised Code.
(3) Determine
			 which products and site-specific services are suitable for procurement by
			 government from qualified nonprofit agencies who employ persons with severe
			 disabilities and add those items to the committee procurement list.
(4) Add or remove products or service sites
			 from the procurement list as necessary utilizing the processes outlined in
			 relevant sections of the rules pertaining to committee decisions, the
			 procurement list, and determination of suitability.
(5) Utilize pricing rules to verify the fair
			 market price for items added to the procurement list and revise those prices in
			 accordance with changing market conditions to assure that the prices
			 established are reflective of the market and do not recover any profit.
(6) Inform and educate
			 governmental procurement entities regarding the statutory mandate of section
			  4115.34  of the
			 Revised Code and the products and services on the procurement list and
			 encourage and assist governmental procurement entities to identify additional
			 products and services that can be purchased from qualified nonprofit agencies.
(7) Approve catalogues produced by
			 the central nonprofit agencies for the purpose of marketing or educating the
			 public about the program implemented by sections
			  4115.31 
			 to
			  4115.35 
			 of the Revised Code.
(8) Establish
			 criteria, pursuant to division (A) (4) of section
			  4115.33 
			 of the Revised Code, for determining what constitutes a substantial barrier to
			 employment that prevents persons with severe disabilities from currently
			 engaging in normal competitive employment.
(9) Certify, as provided in rule 4115-7-01 of  the Administrative Code, all qualified nonprofit agencies meeting the requirements of division (B) of section 4115.31 
			 of the Revised Code and applying for participation in the program implemented
			 by sections
			  4115.31 
			 to
			  4115.35 
			 of the Revised Code.
(10)
			 Establish procedures for the operation of each central nonprofit agency
			 approved under section
			  4115.35 
			 of the Revised Code.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-5 - State Use Committee; Central Nonprofit Corporation › Section 4115-5-04 - Violations of the, state use program law, rules or regulations

Current through all regulations passed and filed through July 1, 2024
When it comes to the attention of the committee that any rule
				of the state use committee or any of the applicable sections of the Revised
				Code has been violated, the committee shall notify the participating qualified
				nonprofit agency or central nonprofit agency of the violation and afford it an
				opportunity to submit a statement of facts and evidence.
The committee shall conduct a hearing or designate a hearing
				examiner to make findings of fact and conclusions of law after investigating
				and analyzing together with the statements of fact and evidence from the
				central nonprofit agency and the qualified nonprofit agency to determine
				whether the qualified nonprofit agency site-specific service or product under
				investigation should be removed from the procurement list.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-6 - Approval of Central Nonprofit Agencies › Section 4115-6-01 - Approval of central nonprofit agency(ies)

Current through all regulations passed and filed through July 1, 2024
(A) An applicant for approval as a central
			 nonprofit agency shall complete and submit to the executive director of the
			 committee a notarized application prescribed by the committee establishing all
			 of the following:
(1) Certification by the
			 secretary of state as a nonprofit corporation according to sections
			  1702.01 
			 to
			  1702.58 
			 of the Revised Code.
(2)
			 Certification by the "Internal Revenue Service" indicating that the
			 organization has been accepted as a nonprofit agency for taxation purposes.
(3) Employees and/or consultant(s)
			 sufficient in numbers, qualifications, and knowledge to provide services
			 required to carry out the responsibilities in rule 4115-5-03 of  the Administrative Code.
(4)
			 Practical knowledge of the state use program, including but not limited to:
(a) Operation of qualified nonprofit
			 agencies;
(b) Experience in
			 political subdivision contracting activity;
(c) Experience in state government
			 contracting activity.
(5) Federal identification number.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-6 - Approval of Central Nonprofit Agencies › Section 4115-6-02 - Approval procedure for central nonprofit agency(ies)

Current through all regulations passed and filed through July 1, 2024
(A) A joint
			 subcommittee of six members shall recommend, in writing, action on applications
			 to the committee. The joint subcommittee shall be composed of three
			 representatives of the committee, appointed by the committee chair, and three
			 representatives of qualified nonprofit agencies, appointed by the alliance of
			 Ohio work centers for state use.
(B) No recommendation shall be made without a
			 concurrence of a majority of the joint subcommittee members.
(C) Final action on applications for approval
			 of the central nonprofit agency(IES) shall be made by the committee based upon
			 the recommendation of the joint subcommittee.
(D) There shall be no more than two certified
			 central nonprofit agencies at any one time.
(1) On February 1, 1999, one certification
			 shall be available for issuance. All applications received by the deadline date
			 set by the committee shall be considered, and the certification shall be issued
			 to the applicant that the committee determines is the best qualified, under the
			 procedure set forth in paragraphs (A) to (C) of this rule.
(2) A second certification may be available
			 for issuance only upon the committee's finding that the growth of or
			 requirements of the state use program require the existence of two certified
			 central nonprofit agencies to efficiently and effectively meet the objectives
			 of sections
			  4115.31 
			 to
			  4115.35 
			 of the Revised Code.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-6 - Approval of Central Nonprofit Agencies › Section 4115-6-03 - Renewal of central nonprofit agency(ies) approval

Current through all regulations passed and filed through July 1, 2024
(A) No later than
			 sixty days prior to expiration of approval, a central nonprofit agency shall
			 file with the executive director of the committee a completed application for
			 renewal on a form prescribed by the committee. An application received after
			 the sixtieth day may be considered if the committee chair determines, based
			 upon information filed with the executive director of the committee no later
			 than the sixtieth day, that extenuating circumstances prevented a timely filing
			 and the application is received no later than forty-five days prior to
			 expiration.
(B) The joint
			 subcommittee shall review the renewal application and recommend to the
			 committee that a certificate of approval be either issued for a period of up to
			 five years or denied.
(1) The joint
			 subcommittee shall recommend issuance of an approval if the application
			 establishes all of the following:
(a)
			 Ordering office satisfaction;
(b)
			 Qualified nonprofit agency satisfaction;
(c) Satisfactory annual performance reviews
			 pursuant to rule 4115-6-04 of  the Administrative Code.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-6 - Approval of Central Nonprofit Agencies › Section 4115-6-04 - Annual evaluation of central nonprofit agency (ies)

Current through all regulations passed and filed through July 1, 2024
(A) The joint
			 subcommittee shall, prior to December thirty-first of each year, evaluate each
			 central nonprofit agency on the following:
(1) Continued compliance with paragraph (A)
			 of rule 4115-6-01 of  the Administrative Code and Division (B) of section 4115.35 
			 of the Revised Code;
(2)
			 Implementation of the business plan submitted pursuant to paragraph (B)(2) of
			 Rule 4115-6-01 of  the Administrative Code;
(3)
			 The elements of a marketing plan for the upcoming twelve month period
			 including, but not limited to, sales projections;
(4) Ordering office satisfaction;
(5) Qualified nonprofit agency satisfaction.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-6 - Approval of Central Nonprofit Agencies › Section 4115-6-05 - Commission fees

Current through all regulations passed and filed through July 1, 2024
(A) Each central nonprofit agency shall
			 collect a commission fee, which may be variable, on the sale of products,
			 services priced as products and site-specific services on the committee's
			 procurement list.
(B) Commission
			 fees may be received in either of the following methods:
(1) A deduction, if the ordering office
			 payment is directed through a central nonprofit agency;
(2) Direct payment from the qualified
			 nonprofit agency.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-7 - Certification of Agencies; Procurement List; Fair Market Pricing › Section 4115-7-01 - Certification of qualified nonprofit agencies

Current through all regulations passed and filed through July 1, 2024
(A) To qualify for participation under the
			 state use program, a qualified nonprofit agency shall complete and submit to
			 the executive director of the committee a notarized certification application
			 provided by the committee attesting that the applicant:
(1) Is certified by the secretary of state as
			 a nonprofit corporation according to sections
			  1702.01 
			 to
			  1702.58 
			 of the Revised Code.
(2) Has
			 obtained an Internal Revenue Service certificate indicating that the
			 corporation has been accepted as a nonprofit agency for taxation purposes.
(3) Operates in the interest of
			 persons with severe disabilities, and that no part of its income inures to the
			 benefit of any shareholder or other individual.
(4) Is certified as a sheltered workshop or
			 work activity center by the wage and hour division of the United States
			 department of labor, if applicable.
(5) Complies with applicable occupational
			 health and safety standards required by the laws of the United States or of
			 this state.
(6) In the
			 manufacturing of products and in the provision of services, whether or not
			 procured under the state use program, employs during the fiscal year of
			 commodity production or service provision, persons with severe disabilities at
			 a quota of not less than seventy-five per cent of the total man-hours of direct
			 labor on all production, whether or not governmental related.
(7) Has an ongoing placement program which
			 includes at least pre-admission evaluation and annual review to determine each
			 persons capability for competitive employment and maintains a liaison with
			 appropriate community services for the placement in such employment of any of
			 its workers who may qualify for such placement.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-7 - Certification of Agencies; Procurement List; Fair Market Pricing › Section 4115-7-02 - Procurement, list

Current through all regulations passed and filed through July 1, 2024
(A) The committee shall establish, maintain,
			 and publish a procurement list of all products and site-specific services
			 provided by any qualified nonprofit agency that the committee determines are
			 suitable for procurement by governments of this state.
(B) For products, the procurement list shall
			 include the item description, price, NIGP code, and other pertinent
			 information.
(C) For services, the
			 procurement list shall identify the type of service to be provided, the site
			 and/or agencies to be served, and shall include information on prices and other
			 pertinent information.
(D) The
			 procurement list shall be available upon request from "The committee, 30 East
			 Broad Street, Suite 1240, Columbus, Ohio 43266-0415."
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-7 - Certification of Agencies; Procurement List; Fair Market Pricing › Section 4115-7-03 - Purchase Waivers

Current through all regulations passed and filed through July 1, 2024
(A) Notice of adequate lead times shall be
			 given by the government ordering office to the central nonprofit agency in
			 which determination by the qualified nonprofit agency to produce and supply can
			 be made.
(B) The central nonprofit
			 agency shall grant a purchase waiver for a government ordering office to
			 procure from commercial sources products or services on the procurement list
			 when all of the following conditions are met:
(1) The product or specific service site has
			 been approved and is on the committee procurement list and the waiver is
			 limited to a specific time frame.
(2) The central nonprofit agency cannot
			 furnish a product or service on the committee procurement list within the time
			 period required by the government.
(3) The product or service on the procurement
			 list is available from commercial sources in the quantities and at an earlier
			 time than it is available from the qualified nonprofit agencies.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-7 - Certification of Agencies; Procurement List; Fair Market Pricing › Section 4115-7-04 - Deletion of items from the procurement list

Current through all regulations passed and filed through July 1, 2024
(A) Requests for the deletion of a product or
			 service from the procurement list shall be made by the central nonprofit agency
			 in writing and filed with "the committee office at 30 East Broad Street, Suite
			 1240, Columbus, Ohio 43266-0415." The request shall include documentation
			 establishing that no other qualified nonprofit agency is capable of providing
			 the service or product.
(B)
			 Qualified nonprofit agencies will normally be required to complete production
			 of any other orders for products on hand regardless of the decision to delete
			 the item from the procurement list.
(C) For site-specific services, a central
			 nonprofit agency shall notify the government involved of the intent of the
			 qualified nonprofit agency to discontinue the performance of the service as far
			 in advance of the termination date as possible, preferably ninety days.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-7 - Certification of Agencies; Procurement List; Fair Market Pricing › Section 4115-7-06 - Quality of merchandise and services provided

Current through all regulations passed and filed through July 1, 2024
(A) Products furnished by qualified nonprofit
			 agencies shall be manufactured in strict compliance with government
			 specifications. Where no specifications exist, products produced shall be of
			 the highest quality and comparable to similar items available on the commercial
			 market. Products shall be inspected utilizing nationally recognized methods and
			 procedures for sampling and inspection.
(B) Site-specific services provided by
			 qualified nonprofit agencies shall be performed in accordance with government
			 specifications and standards. Where no specifications or standards exist, the
			 service shall be performed in accordance with good commercial practices.
Replaces: 4115-7-04
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-7 - Certification of Agencies; Procurement List; Fair Market Pricing › Section 4115-7-07 - Specification changes

Current through all regulations passed and filed through July 1, 2024
(A) Specifications cited in the procurement
			 list may undergo a series of changes, indicated by revision dates, to keep
			 current with industry changes and government needs. Since it is not feasible to
			 show the latest revision current on the publication date, only the basic
			 specification is referenced in the procurement list. Government ordering
			 offices shall notify the central nonprofit agency of the latest applicable
			 specification.
(B) When a
			 government ordering office is changing the design or construction of a product
			 on the procurement list, the committee and the central nonprofit agency
			 directly connected to the product in question shall be notified of the
			 contemplated change prior to its effective date and shall be given adequate
			 time in which to redesign or retool to incorporate such change in its listed
			 products.
(C) When a government
			 ordering office is changing the specifications for a site-specific service or
			 service priced as a product listed on the procurement list, the committee and
			 central nonprofit agency directly connected to the service in question shall be
			 notified of the contemplated change prior to its effective date and shall be
			 given time in which to incorporate the specification change into the listed
			 service.
Replaces: 4115-7-05
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-7 - Certification of Agencies; Procurement List; Fair Market Pricing › Section 4115-7-09 - Allocation and orders

Current through all regulations passed and filed through July 1, 2024
(A) Allocation is the action taken by the
			 central nonprofit agency in designating the qualified nonprofit agency that
			 will produce definite quantities of products or perform site specific services
			 upon receipt of an order.
(B)
			 Purchase orders shall contain:
(1) For
			 products: Vendor's name, address and federal tax identification number, NIGP
			 commodity code, latest specification, quantity, unit of measure price, item
			 description, and place and time of delivery.
(2) For services: Type and location of
			 service required, latest specification, work to be performed, estimated volume
			 and time for completion.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-7 - Certification of Agencies; Procurement List; Fair Market Pricing › Section 4115-7-10 - Adjustment and cancellation of orders

Current through all regulations passed and filed through July 1, 2024
When the central nonprofit agency or a qualified nonprofit
				agency fails to comply with the terms of a government order, the ordering
				office shall make every effort to negotiate adjustments before taking action to
				cancel the order. When a government order is cancelled for failure to comply
				with its terms, the central nonprofit agency shall be notified, and if
				practicable, requested to reallocate the order. A central nonprofit agency
				shall notify the committee of any cancellation of an order and the reason(s)
				therefor.
Replaces: 4115-7-08
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-7 - Certification of Agencies; Procurement List; Fair Market Pricing › Section 4115-7-11 - Shipping and packing

Current through all regulations passed and filed through July 1, 2024
(A) Products shall be shipped freight prepaid
			 (FOB destination). Delivery is accomplished when a shipment is received and
			 accepted by the purchasing agency. Time of delivery is the date stated on the
			 procuring agency purchase order.
(B) Standard pack information is as required
			 by the procuring agency.
(C)
			 Subject to approval by the committee, a central nonprofit agency, when it deems
			 necessary, may request payment from procuring agencies for set-up costs or
			 costs incurred related to unusual delivery requests of products.
Replaces: 4115-7-09
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-7 - Certification of Agencies; Procurement List; Fair Market Pricing › Section 4115-7-12 - Fair market pricing for site-specific services

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule prescribes the policy, guideline, and procedures to
				be used in verifying the fair market price for custodial, lawn maintenance, and
				security services. Ohio department of transportation modern roadside rest sites
				are exempt from the following paragraphs of this rule: (B) (1) and (B) (3), (D)
				(1) to (D) (5), (E) (2) (b) (i) to (E) (2) (b) (iii) and (F) (1) to (F) (2).
(B) General provisions
(1) Bid comparison shall be the preferred
			 method to verify the fair market price for the services outlined in this rule.
(2) Cost analysis may be used to
			 verify fair market price for the services outlined in this rule if it is
			 established that insufficient bid comparison data is available.
(3) Same-as comparison may be used to verify
			 fair market price for the services outlined in this rule if specification
			 comparison can support and establish that an exact match exists between the two
			 sites. The weight of specification comparison is also required if survey or
			 index numbers are utilized from a professional or trade organization.
(4) The state use committee
			 (hereinafter referred to as the "committee") shall consider all custodial, lawn
			 maintenance, and security services for addition to the committee's procurement
			 list on a site-by-site basis.
(5)
			 The central nonprofit agency (hereinafter referred to as the "CNA") or the
			 qualified nonprofit agency may file an exception to any policy or guideline
			 contained in this rule on a case-by-case basis utilizing the procedure outlined
			 in rule 4115-7-15 of  the Administrative Code.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-7 - Certification of Agencies; Procurement List; Fair Market Pricing › Section 4115-7-13 - Fair market pricing for services priced as products

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule prescribes the policy, guidelines, and procedures to
				be used in verifying the fair market price for services priced as products
				including, but not limited to, data processing (keystroke entry), microfilming,
				and mailing/collating services.
(B) General provisions
(1) Bid comparison shall be the preferred
			 method to verify the fair market price for the services priced as products
			 outlined in this rule.
(2) Cost
			 analysis may be used to verify the fair market price for the services priced as
			 products outlined in this rule if it is established that insufficient bid
			 comparison data is available.
(3)
			 Same-as comparison may be used to verify fair market price for the services
			 priced as products outlined in this rule if specification comparison can
			 support and establish that an exact match exists between the service being used
			 as the benchmark and the service priced as a product being considered for
			 addition to the procurement list by the state use committee of Ohio
			 (hereinafter referred to as the "committee"). The weight of specification
			 comparison is also required if survey or index numbers are utilized from a
			 professional or trade organization.
(4) The central nonprofit agency (hereinafter
			 referred to as the "CNA") or the qualified nonprofit agency may file an
			 exception to any policy or guideline contained in this rule on a case-by-case
			 basis utilizing the procedure outlined in rule 4115-7-15 of  the Administrative Code.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-7 - Certification of Agencies; Procurement List; Fair Market Pricing › Section 4115-7-14 - Fair market pricing for products/commodities

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule prescribes the policy, guidelines, and procedures to
				be used in verifying the fair market price for products and commodities.
(B) General provisions
(1) Bid comparison shall be the preferred
			 method to verify the fair market price of the products and commodities outlined
			 in this rule.
(2) Cost analysis
			 may be used to verify the fair market price for the products and commodities
			 outlined in this rule if it is established that insufficient bid comparison
			 data is available.
(3) The
			 proposed fair market price for the recommended product/commodity shall be
			 comprised exclusively of the following cost elements:
(a) Direct labor,
(b) Indirect labor,
(c) Payroll taxes,
(d) Holiday/vacation/sick leave benefits,
(e) Materials/supplies,
(f) Freight,
(g) Equipment allowance,
(h) Equipment maintenance allowances, and
(i) Overhead/burden.
(4) Same-as comparison may be used
			 to verify fair market price if an exact match exists for comparison.
(5) The central nonprofit agency (hereinafter
			 referred to as the "CNA") or the qualified nonprofit agency may file an
			 exception to any policy or guideline contained in this rule on a case-by-case
			 basis utilizing the procedure outlined in rule 4115-7-15 of  the Administrative Code.
(6)
			 The qualified nonprofit agency or CNA must demonstrate that a significant
			 amount of value will be added by individuals with severe disabilities through
			 labor expended in the manufacturing, packaging or conversion of a product or
			 commodity under consideration for addition to the procurement list.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-7 - Certification of Agencies; Procurement List; Fair Market Pricing › Section 4115-7-15 - Exception rule for presenting justification to exceed state use committee of Ohio fair market pricing guidelines

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
(1) This rule prescribes the policy and
			 procedures for the qualified nonprofit agencies, central nonprofit agency
			 (hereinafter referred to as "CNA"), or ordering office to present justification
			 to the state use committee of Ohio (hereinafter referred to as "committee") to
			 support a legitimate business necessity to exceed the committee's established
			 guidelines for verifying fair market price for a product/commodity,
			 site-specific service, or service priced as product through the use of cost
			 analysis.
(2) If the qualified
			 nonprofit agency, CNA, and ordering office feels that costs have increased or
			 decreased beyond the allowable annual percentage established by the committee,
			 the CNA may file an exception pursuant to this rule. The exception shall be
			 evaluated by the committee using cost analysis to verify the new fair market
			 price.
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-7 - Certification of Agencies; Procurement List; Fair Market Pricing › Section 4115-7-16 - Payments

Current through all regulations passed and filed through July 1, 2024
Payments for products or services of persons with severe
				disabilities shall be made immediately after receipt of shipment or receipt of
				a correct invoice or voucher. All payments for products or site-specific
				services shall be paid to the central nonprofit agency representing the
				qualified nonprofit agency providing the products or site-specific services
				unless authorized by the committee.
Replaces: 4115-7-11
Ohio Administrative Code › Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities › Chapter 4115-7 - Certification of Agencies; Procurement List; Fair Market Pricing › Section 4115-7-17 - Previously approved products and services

Current through all regulations passed and filed through July 1, 2024
The products, site-specific services, and services priced as
				products approved by the committee as suitable for addition to the procurement
				list prior to the effective date of this rule shall be listed on the
				procurement list required by division (A) (3) of section
				 4115.33 
				of the Revised Code pursuant to the following:
(A) The requirements and practices contained
			 within Chapters 4115-1 to 4115-7 of the Administrative Code, prior to the
			 effective date of this rule, applied to products, services priced as products
			 and data entry pre-approvals valued at less than fifty thousand dollars sold to
			 multiple ordering offices prior to the effective date of this rule shall remain
			 in effect through July 31, 1999. As of August 1, 1999, the suitability criteria
			 related to fair market price described in paragraph (B) of rule 4115-7-05 of  the Administrative Code shall be applied.
(B) The requirements and practices contained
			 within Chapters 4115-1 to 4115-7 of the Administrative Code, prior to the
			 effective date of this rule, applied to the site-specific services, products,
			 and services priced as products, including but not limited to microfilming,
			 data entry and collating, prior to the effective date of this rule shall remain
			 in effect if the ordering office indicates the continued acceptance of the
			 requirements and practices. The continued acceptance shall be in writing,
			 signed by a properly authorized person, and filed with the committee on or
			 before the effective date of this rule. The ordering office may, at the time of
			 renewal, request the application of the suitability criteria related to fair
			 market price listed in paragraph (B) of Rule 4115-7-05 of  the Administrative Code.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-01 - Applicability and powers

Current through all regulations passed and filed through July 1, 2024
(A) The rules
			 set forth in this chapter shall apply to all proceedings before the board
			 unless otherwise specifically provided in the context of an individual rule.
(B) The board may issue such
			 orders and take such other action not specifically provided for in these rules
			 as may be necessary to accomplish the purpose of promoting orderly and
			 constructive relationships between all public employers and their employees to
			 the extent not contrary to Chapter 4117. of the Revised Code or Chapters 4117-1
			 to 4117-25 of the Administrative Code.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.05,
				 4117.06,
				 4117.07,
				 4117.09,
				 4117.12,
				 4117.23
Prior
				Effective Dates: 1/25/84, 3/26/84,
				6/24/84
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-02 - Filing and copies; service

Current through all regulations passed and filed through July 1, 2024
(A)
								 Definitions:
(1)
									 Electronic
			 filing-the electronic transmission of information to a designated email address
			 of the state employment relations board for case processing.
(2)
									 Time of
			 filing-an electronic document is filed when it is received by the designated
			 email address of the state employment relations board on or before five p.m. on
			 a business day; electronic filings received by the designated email address of
			 the board after five p.m. on a business day or on a Saturday, Sunday, legal
			 holiday shall be considered filed on the next business day.
(3)
									 Service-the
			 delivery of a writ, summons, complaint, or other notice or order by an
			 authorized server upon another, provides official notification that a legal
			 action or proceeding against a party has been commenced or filed.
(4)
									
			 Electronic mail-messages sent and received through an electronic service system
			 utilizing the public internet.
(5)
									 Filer-person who
			 filed an electronic document.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-03 - Computation of time

Current through all regulations passed and filed through July 1, 2024
(A) In
			 computing any time period prescribed by or allowed by Chapter 4117. of the
			 Revised Code and Chapters 4117-1 to 4117-25 of the Administrative Code, or by
			 order or directive of the board or individual conducting a proceeding, such
			 period shall begin to run on the day following the day of the act, event, or
			 occurrence. The last day of the period so computed is to be included, unless it
			 is a Saturday, Sunday, legal holiday, or a day or part of a day on which the
			 board office in Columbus is closed, in which event the period shall run until
			 the end of the next day which is not a Saturday, Sunday, legal holiday, or a
			 day or part of a day on which the board office in Columbus is closed.
(B) When a document is served upon
			 a party by United States mail and that party has
			 the right or is required to do some act or take some proceeding within a
			 prescribed period after service of a document, three days shall be added to the
			 time prescribed for doing such act or taking such proceeding. This provision
			 does not apply to the calculation of time for acceptance or rejection of
			 fact-finding recommendations pursuant to rule 4117-9-05 of  the administrative code.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.01,
				 4117.02
Prior
				Effective Dates: 3/26/84, 6/24/84, 5/18/87, 10/19/87,
				10/25/10
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-04 - Motions

Current through all regulations passed and filed through July 1, 2024
(A) Motions shall
			 be submitted
								via electronic mail, except
			 for motions made at a hearing, and shall briefly
			 describe the order, ruling, or action sought, setting forth with particularity
			 the grounds.
(B) Responses to
			 motions shall conform to the requirements of paragraph (A) of this rule.
			 Responses shall be filed within ten days of service of the motion, which time
			 may be altered by the board, board member, or administrative law judge.
(C) Rulings on motions filed with
			 the board shall be issued via electronic mail to each
			 of the parties. The board, board member, or administrative law judge may orally
			 rule on the record on a motion at the hearing but shall issue a ruling in
			 writing if such ruling is made after the hearing.
(D) Motions, rulings, orders, and directives
			 shall become a part of the record. Rulings by a board member or administrative
			 law judge on motions or objections shall not be appealed directly to the board
			 but shall be considered by the board in reviewing the record only if raised in
			 the exceptions to the proposed order or recommended determination, except as provided in paragraph (B) of rule 4117-1-11 of  the Administrative Code.
(E) Motions for
			 reconsideration may be filed with the board no later than
			 thirty days after the issuance of the board's final
			 ruling. These motions must contain a clear and concise statement of the reasons
			 why the board should reconsider its previous decision.
(F) Motions  shall not be accepted for filing with the board unless they
			 contain proof of service, pursuant to paragraph (B) of rule 4117-1-02 of  the Administrative Code.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.07,
				 4117.11,
				 4117.12,
				 4117.14,
				 4117.16,
				 4117.23
Prior
				Effective Dates: 3/26/84, 6/24/84, 5/18/87, 7/1/96, 1/2/05,
				10/25/10
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-05 - Continuances and extensions of time

Current through all regulations passed and filed through July 1, 2024
(A) Except as otherwise provided in Chapter
			 4117. of the Revised Code, the board, board member, or administrative law judge
			 may, upon its own motion or upon the motion of any party, continue the hearing,
			 extend the time to file any document, or change the place at which the hearing
			 is to be held and shall so notify the parties, provided that this provision
			 shall not apply to hearings conducted pursuant to divisions (C) and (G) of
			 section  4117.14  of the Revised Code. The
			 executive director or the office of the general counsel may rule on extensions
			 of time to file exceptions to a proposed order or recommended determination,
			 cross-exceptions, or responses to exceptions, or any
			 non-dispositive motions in cases pending before the board.
(B) Before a party files a motion for an
			 extension of time to file any document or for a continuance of a hearing, the
			 moving party shall consult all other parties to determine whether they have any
			 objection to the motion. If no objections are raised, the moving party shall
			 state that the other parties have been consulted and that they authorize the
			 moving party to represent that they have no objection to the motion. Compliance
			 with this rule does not supplant the service requirement of rules 4117-1-02 and  4117-1-04 of  the Administrative Code.
Effective:
				8/6/2015
Five Year
				Review (FYR) Dates: 05/20/2015 and
				07/27/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.07,
				 4117.11,
				 4117.12,
				 4117.14,
				 4117.16,
				 4117.23
Prior
				Effective Dates: 3/26/84 (Emer), 6/24/84, 5/18/87, 1/2/05,
				10/25/10
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-06 - Appearances

Current through all regulations passed and filed through July 1, 2024
(A) An attorney or
			 representative for any party to a proceeding who has filed an initial pleading
			 or notice of appearance for that party shall remain the attorney or
			 representative of record and shall receive correspondence and service unless or
			 until a motion to withdraw or a new notice of appearance has been filed with
			 the board and served on all parties by a successor attorney or representative.
(B) A separate notice of
			 appearance must be filed via electronic mail for
			 each separate action. An attorney or representative
			 shall update any change of contact information promptly.
(C) All board communications regarding a
			 pending case will be sent via electronic mail to the representative named
			 on the most recent notice of appearance in the particular case.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.04,
				 4117.05,
				 4117.07,
				 4117.10,
				 4117.12,
				 4117.13,
				 4117.14,
				 4117.15,
				 4117.16,
				 4117.23
Prior
				Effective Dates: 3/26/84, 6/24/84, 5/18/87,
				10/25/10
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-07 - Intervention

Current through all regulations passed and filed through July 1, 2024
(A) Any person
			 having a significant interest in a proceeding may file with the board a motion
			 to intervene. The board, board member, or administrative law judge may by
			 directive permit intervention to such extent and upon such terms as may be
			 deemed proper. A motion to intervene may be made before or at the time of
			 hearing, except as provided in paragraphs (B) and (C) of this rule.
(B) Intervention by an employee organization
			 in a representation or decertification election must be filed in writing and supported by evidence that at
			 least ten per cent of the employees in the unit wish to be represented by the
			 intervenor. Evidence shall conform to the requirements of paragraph (A)(6) of
			 rule 4117-5-02 of  the Administrative Code. Such intervention will be permitted only if the motion to intervene is filed by the date specified by the board in its official "Notice to Employees."
(C) When a petition for
			 representation election has been filed by a rival employee organization
			 pursuant to paragraph (C) of rule 4117-5-01 of  the Administrative Code, or when a petition for decertification election has been filed pursuant to paragraph (D) of rule 4117-5-01 of  the Administrative Code, an incumbent exclusive representative will be treated as a party unless the incumbent disclaims interest in the unit.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.05,
				 4117.02,
				 4117.11,
				 4117.12,
				 4117.16
Prior
				Effective Dates: 3/26/84, 6/24/84, 5/18/87, 1/2/05,
				10/25/10
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-08 - Notice of hearing; consolidation

Current through all regulations passed and filed through July 1, 2024
(A) Whenever a hearing is to be conducted,
			 the board shall issue and serve upon all parties a notification specifying the date, time, and place of
			 the hearing. If the hearing is
			 not conducted by the board, the notification shall
			 include the name of the board member,
								 administrative law judge, or other designated agent who shall conduct the
			 hearing. Such notification shall be served upon all parties at least
			 ten days prior to the scheduled hearing, except in the case of hearings
			 conducted pursuant to division (B) of section
			  4117.12  of the Revised
			 Code.
(B) A party contending that
			 the administrative law judge or other agent designated to conduct a hearing is
			 biased or partial in the proceeding may raise an objection by filing with the
			 board a sworn statement setting forth the facts relevant to the objection. Such
			 statement must be filed with the board prior to five days before the hearing.
			 The board in its discretion may disqualify the administrative law judge or
			 agent and designate another administrative law judge or agent to conduct the
			 hearing.
(C) Upon direction of the
			 board separate cases involving the same facts, same or similar issues of law,
			 or the same or related parties may be consolidated. Any party may file a
			 written objection to the consolidation within ten days of service of the notice
			 of consolidation. Unless otherwise specified by the board, all filings relating
			 to any of the consolidated cases shall list all case numbers.
Effective:
				8/6/2015
Five Year
				Review (FYR) Dates: 05/20/2015 and
				07/27/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.11,
				 4117.12,
				 4117.14,
				 4117.16,
				 4117.23
Prior
				Effective Dates: 3/26/84 (Emer), 6/24/84, 5/18/87,
				1/2/05
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-10 - Depositions and discovery

Current through all regulations passed and filed through July 1, 2024
(A)
			 Upon application and for good cause shown, to preserve testimony in a pending
			 case, the board, a board member, or an administrative law judge assigned to
			 conduct the hearing may direct that the testimony of any person, including a
			 party, be taken by deposition.
(B)
			 At hearings other than fact-finding or conciliation hearings, discovery may be
			 permitted by deposition or interrogatory only at the discretion of the board or
			 board member or administrative law judge assigned to hear the case. Timelines
			 will be established by the board, board member, or administrative law judge.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.11,
				 4117.12,
				 4117.14,
				 4117.16,
				 4117.23
Prior
				Effective Dates: 3/26/84, 6/24/84, 5/18/87,
				1/2/05
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-11 - Powers of individuals conducting hearings or inquiries

Current through all regulations passed and filed through July 1, 2024
(A) Individuals conducting hearings
			 or inquiries other than fact-finding or
			 conciliation hearings shall have the authority to take the following actions:
(1) To administer oaths and
			 affirmations;
(2) To receive
			 relevant evidence and exclude irrelevant, immaterial, or unduly repetitious
			 evidence;
(3) To question
			 witnesses;
(4) To cause depositions
			 to be taken and to regulate the scope and course of  discovery;
(5) To regulate the time, place, and course
			 of the hearing or inquiry;
(6) To dispose of procedural requests or
			 other similar matters;
(7)
									To hold conferences
			 with the parties at any time for the settlement,
			 simplification, or adjustment of the issues ;
(8) To subpoena witnesses and the production
			 of books, papers, documents, or other evidence;
(9) To exclude any person for improper
			 conduct; and
(10) To take any other
			 action necessary and authorized under Chapter 4117. of the Revised Code or
			 Chapters 4117-1 to 4117-25 of the Administrative Code.