Cosponsors:
Representatives Fessler, Seitz, McGregor, J., Setzer, Brown, Collier, Wagner, Wagoner, Combs, Aslanides, Bacon, Bolon, Chandler, Driehaus, Evans, Flowers, Hagan, R., Hite, Schlichter, Batchelder, Blessing, Domenick, Gardner, Hagan, J., Hughes, Luckie, Mecklenborg, Patton, Raussen, Schindel, Schneider, Stewart, D., Wachtmann, Williams, B., Zehringer
Senators Amstutz, Stivers, Miller, D., Kearney, Sawyer, Spada, Schaffer, Schuler, Carey, Faber, Grendell, Harris, Mason, Mumper, Niehaus, Seitz, Smith, Miller, R.
Sec. 307.12. (A) Except as otherwise provided in
divisions
| 17 |
(D),
(E), and (G) of this section, when the board of
county | 18 |
commissioners
finds, by resolution, that the county has
personal | 19 |
property,
including motor vehicles acquired for the use
of county | 20 |
officers
and departments, and road machinery, equipment,
tools, or | 21 |
supplies, whichthat is not needed for public use, is
obsolete, or | 22 |
is
unfit for the use for which it was acquired, and when
the fair | 23 |
market value of the property to be sold
or donated under
this | 24 |
division is, in
the opinion
of the board, in excess of two | 25 |
thousand five hundred
dollars, the board
may do either of the | 26 |
following: | 27 |
(1) Sell
the property at public auction or by sealed
bid to | 28 |
the highest
bidder. Notice of the time, place, and
manner
of the | 29 |
sale shall
be published in a newspaper of general
circulation in | 30 |
the county at least ten days prior to the
sale, and
a typewritten | 31 |
or printed notice of the time, place, and
manner of
the sale shall | 32 |
be posted at least ten days before the sale in the
offices of the | 33 |
county auditor and the board of county
commissioners. | 34 |
If a board conducts a sale of
property by sealed
bid, the | 35 |
form of the bid shall be as prescribed by the board, and
each bid | 36 |
shall contain the name of the person submitting it. Bids
received | 37 |
shall be opened and tabulated at the time stated in
the
notice. | 38 |
The property shall be sold to the highest bidder,
except
that the | 39 |
board may reject all bids and hold another sale,
by
public auction | 40 |
or sealed bid, in the manner prescribed by this
section. | 41 |
(2) Donate any motor vehicle that does not exceed four | 42 |
thousand five hundred
dollars in value to a nonprofit organization | 43 |
exempt from federal income
taxation pursuant to 26 U.S.C. 501(a) | 44 |
and (c)(3) for the purpose of meeting
the transportation needs of | 45 |
participants in the Ohio works first program
established under | 46 |
Chapter 5107. of the Revised Code and participants in the | 47 |
prevention, retention, and contingency program established under | 48 |
Chapter 5108.
of the Revised Code. | 49 |
(B) When the board of county commissioners finds, by | 50 |
resolution, that the
county has personal property, including motor | 51 |
vehicles acquired for the use of
county officers and departments, | 52 |
and road machinery, equipment, tools, or
supplies, whichthat is | 53 |
not
needed for public use, is obsolete, or is unfit
for the use | 54 |
for
which it was acquired, and when the fair market value of the | 55 |
property to be sold
or donated under this division is, in the | 56 |
opinion of the
board, two
thousand five hundred dollars or less, | 57 |
the board may
do either of the following: | 58 |
(2) Donate the property to an eligible nonprofit
organization | 61 |
that is located in this state and is exempt from federal income | 62 |
taxation pursuant to 26
U.S.C. 501(a) and (c)(3). Before donating | 63 |
any property under this
division, the board shall adopt a | 64 |
resolution expressing its intent
to make unneeded, obsolete, or | 65 |
unfit-for-use county personal
property available to these | 66 |
organizations. The resolution shall
include guidelines and | 67 |
procedures the board considers necessary to implement a donation | 68 |
program under this division and
shall indicate whether the county | 69 |
will conduct the donation program or the board will contract with | 70 |
a
representative to conduct it. If a representative is known when | 71 |
the resolution is adopted, the resolution shall provide contact | 72 |
information such as the representative's name, address, and | 73 |
telephone number. | 74 |
The resolution shall include within its procedures a | 75 |
requirement that any nonprofit organization desiring to obtain | 76 |
donated property under this division shall submit a written notice | 77 |
to the board or its representative. The written notice shall | 78 |
include evidence that the organization is a nonprofit organization | 79 |
that is located in this state and is
exempt from federal income | 80 |
taxation pursuant to 26 U.S.C. 501(a)
and (c)(3); a description of | 81 |
the organization's primary purpose; a
description of the type or | 82 |
types of property the organization
needs; and the name, address, | 83 |
and telephone number of a person
designated by the organization's | 84 |
governing board to receive
donated property and to serve as its | 85 |
agent. | 86 |
After adoption of the resolution, the board shall publish, in | 87 |
a newspaper of general circulation in the county, notice of its | 88 |
intent to donate unneeded, obsolete, or unfit-for-use county | 89 |
personal property to eligible nonprofit organizations. The notice | 90 |
shall include a summary of the information provided in the | 91 |
resolution and shall be published at least twice. The second and | 92 |
any subsequent notice shall be published not less than ten nor | 93 |
more than twenty days after the previous notice. A similar notice | 94 |
also shall be posted continually in a conspicuous place in the | 95 |
offices of the county auditor and the board of county | 96 |
commissioners, and, if the county maintains a web site on the | 97 |
internet, the notice shall be posted continually at that web site. | 98 |
The board or its representative shall maintain a list of all | 99 |
nonprofit organizations that notify the board or its | 100 |
representative of their desire to obtain donated property under | 101 |
this division and that the board or its representative determines | 102 |
to be eligible, in accordance with the requirements set forth in | 103 |
this section and in
the donation program's guidelines and | 104 |
procedures, to receive
donated property. | 105 |
The board or its representatives also shall maintain a list | 106 |
of all county personal property the board finds to be unneeded, | 107 |
obsolete, or unfit for use and to be available for donation under | 108 |
this division. The list shall be posted continually in a | 109 |
conspicuous location in the offices of the county auditor and the | 110 |
board of county commissioners, and, if the county maintains a web | 111 |
site on the internet, the list shall be posted continually at that | 112 |
web site. An item of property on the list shall be donated to the | 113 |
eligible nonprofit organization that first declares to the board | 114 |
or its representative its desire to obtain the item unless the | 115 |
board previously has established, by resolution, a list of | 116 |
eligible nonprofit organizations that shall be given priority with | 117 |
respect to the item's donation. Priority may be given on the
basis | 118 |
that the purposes of a nonprofit organization have a direct | 119 |
relationship to specific public purposes of programs provided or | 120 |
administered by the board. A resolution giving priority to
certain | 121 |
nonprofit organizations with respect to the donation of an
item of | 122 |
property shall specify the reasons why the organizations
are given | 123 |
that priority. | 124 |
(C) Members of the board of county commissioners shall | 125 |
consult with the Ohio ethics commission, and comply with the | 126 |
provisions of Chapters 102. and 2921. of the Revised Code, with | 127 |
respect to any sale or donation under division (A) or (B) of this | 128 |
section to a nonprofit organization of which a county | 129 |
commissioner, any member of the county commissioner's family, or | 130 |
any business associate of the county commissioner is a trustee, | 131 |
officer, board member, or employee. | 132 |
(D) Notwithstanding
anything to the contrary in
division
(A), | 133 |
(B),
or
(E) of this section and
regardless of the
property's | 134 |
value, the
board
of county commissioners may sell or
donate
county | 135 |
personal
property, including motor
vehicles,
to
the
federal | 136 |
government, the state, or
any political
subdivision of
the
state | 137 |
without advertisement or
public
notification. | 138 |
(E)
Notwithstanding anything to the contrary in division
(A), | 139 |
(B), or
(G) of this section and regardless of the
property's | 140 |
value, the board of county commissioners may sell
personal | 141 |
property, including motor vehicles acquired for the use
of county | 142 |
officers and departments, and road machinery, equipment,
tools, or | 143 |
supplies, whichthat is not needed for public use, is
obsolete, or | 144 |
is
unfit for the use for which it was acquired, by
internet | 145 |
auction.
The board shall adopt, during each calendar
year, a | 146 |
resolution
expressing its intent to sell that property by
internet | 147 |
auction.
The resolution shall include a description of
how the | 148 |
auctions
will be conducted and shall specify the number of
days | 149 |
for bidding
on the property, which shall be no less than
fifteen | 150 |
ten days,
including
Saturdays, Sundays, and legal holidays.
The | 151 |
resolution
shall
indicate whether the county will conduct the | 152 |
auction or the
board will contract with a representative to | 153 |
conduct the auction
and shall establish the general terms and | 154 |
conditions of sale. If
a representative is known when
the | 155 |
resolution is adopted, the
resolution shall provide contact | 156 |
information such as the
representative's name, address, and | 157 |
telephone
number. | 158 |
After adoption of the resolution, the board shall
publish, in | 159 |
a newspaper of general circulation in the
county, notice of
its | 160 |
intent to sell unneeded, obsolete, or unfit-for-use county | 161 |
personal
property by internet auction. The notice shall include a | 162 |
summary
of the information provided in the resolution and shall be | 163 |
published at least twice. The second and any subsequent notice | 164 |
shall be published not less than ten nor more than twenty days | 165 |
after the previous notice. A similar notice also shall be posted | 166 |
continually throughout the calendar year in a conspicuous place in | 167 |
the offices of the county auditor and the board of county | 168 |
commissioners, and, if the county maintains a
web site on
the | 169 |
internet, the notice shall be posted continually throughout
the | 170 |
calendar year at that
web site. | 171 |
When property is to be sold by internet auction, the board or | 172 |
its representative may establish a minimum price that
will be | 173 |
accepted for specific items and may establish any other
terms and | 174 |
conditions for the particular sale, including
requirements for | 175 |
pick-up or delivery, method of payment, and sales
tax. This type | 176 |
of information shall be provided on the internet
at the time of | 177 |
the auction and may be provided before that time
upon request | 178 |
after the terms and conditions have been determined
by the board | 179 |
or its representative. | 180 |
(F) When a county
officer or department head determines
that | 181 |
county-owned personal
property under the jurisdiction
of the | 182 |
officer or department head,
including motor vehicles, road | 183 |
machinery, equipment, tools, or
supplies, is not of immediate | 184 |
need, the county
officer or
department head may notify the board | 185 |
of county
commissioners,
and
the board may lease
that
personal | 186 |
property to any municipal
corporation, township, or other | 187 |
political subdivision of the
state.
The
lease shall require
the | 188 |
county to be reimbursed
under terms, conditions, and
fees | 189 |
established by the board, or under
contracts
executed by the | 190 |
board. | 191 |
(G) If the board
of county commissioners finds,
by | 192 |
resolution, that the county
has vehicles, equipment, or
machinery | 193 |
whichthat is not needed, or is
unfit for public use, and the | 194 |
board
desires to sell
the
vehicles, equipment, or machinery
to the | 195 |
person or firm from
which it proposes to purchase other
vehicles, | 196 |
equipment, or
machinery, the board may offer to sell the
vehicles, | 197 |
equipment,
or machinery to
that person or firm, and
to have
the | 198 |
selling
price credited to the person or firm
against the purchase | 199 |
price
of other vehicles, equipment, or
machinery. | 200 |
(H) If the board
of county commissioners
advertises for
bids | 201 |
for the sale of
new vehicles, equipment, or
machinery to the | 202 |
county, it may
include in the same advertisement
a notice of the | 203 |
willingness of
the board to accept bids for
the purchase of | 204 |
county-owned
vehicles, equipment, or machinery
whichthat is | 205 |
obsolete
or not needed
for public use, and to have the
amount of
| 206 |
those
bids subtracted
from the selling price of the
other | 207 |
vehicles,
equipment, or
machinery as a means of determining
the | 208 |
lowest
responsible
bidder. | 209 |
(J) A county engineer, in the engineer's discretion, may | 214 |
dispose of scrap construction materials on such terms as the | 215 |
engineer determines reasonable, including disposal without | 216 |
recovery of costs, if the total value of the materials does not | 217 |
exceed twenty-five thousand dollars. The engineer shall maintain | 218 |
records of all dispositions made under this division, including | 219 |
identification of the origin of the materials, the final | 220 |
disposition, and copies of all receipts resulting from the | 221 |
dispositions. | 222 |
As used in division (I) of this section, "scrap construction | 223 |
materials" means construction materials that result from a road or | 224 |
bridge improvement, remain after the improvement is completed, and | 225 |
are not reusable. Construction material that is metal and that | 226 |
results from a road or bridge improvement and remains after the | 227 |
improvement is completed is scrap construction material only if it | 228 |
cannot be used in any other road or bridge improvement or other | 229 |
project in its current state. | 230 |
Sec. 505.10. (A) The board of township trustees may accept, | 231 |
on
behalf of the township, the donation by bequest, devise, deed | 232 |
of
gift, or otherwise, of any
real or personal
property
for any | 233 |
township use. When the township has property, including
motor | 234 |
vehicles, road machinery, equipment, and tools, whichthat the | 235 |
board,
by resolution, finds is not needed
for public use,
is | 236 |
obsolete, or
is unfit for the use for which
it was
acquired,
the | 237 |
board may sell and
convey
that property
or
otherwise
dispose
of it | 238 |
in accordance with this section. Except
as
otherwise
provided
in | 239 |
sections
505.08, 505.101, and
505.102 of the
Revised Code,
the | 240 |
sale
or
other disposition of
unneeded, obsolete,
or unfit-for-use | 241 |
property shall
be
made in accordance
with one of the
following: | 242 |
(1) If the fair market value of
property to be sold
is,
in | 243 |
the opinion of the board, in excess of two thousand five
hundred | 244 |
dollars, the
sale shall be by public auction or by sealed bid to | 245 |
the highest bidder. The
board
shall publish notice of the time, | 246 |
place, and
manner of the
sale
once a week for three weeks in a | 247 |
newspaper
published, or of
general circulation, in the township, | 248 |
the
last
of
those
publications to be at least five days
before
the | 249 |
date of
sale, and
shall post a typewritten or printed
notice
of | 250 |
the time,
place, and
manner of the sale in the office of
the
board | 251 |
for at least ten
days
prior to the sale. | 252 |
If the board conducts the sale of the property by sealed bid, | 253 |
the form of the bid shall be as prescribed by the board, and each | 254 |
bid shall contain the name of the person submitting it. Bids | 255 |
received shall be opened and tabulated at the time stated in the | 256 |
published and posted notices. The property shall be sold to the | 257 |
highest bidder, except that the board may reject all bids and hold | 258 |
another sale, by public auction or sealed bid, in the manner | 259 |
prescribed by this section. | 260 |
(b) Donate the property to an eligible nonprofit
organization | 266 |
that is located in this state and is exempt from federal income | 267 |
taxation pursuant to 26
U.S.C. 501(a) and (c)(3). Before donating | 268 |
any property under this
division, the board shall adopt a | 269 |
resolution expressing its intent
to make unneeded, obsolete, or | 270 |
unfit-for-use township property
available to these organizations. | 271 |
The resolution shall include
guidelines and procedures the board | 272 |
considers to be necessary to
implement the donation program and | 273 |
shall indicate whether the
township will conduct the donation | 274 |
program or the board will
contract with a representative to | 275 |
conduct it. If a representative
is known when the resolution is | 276 |
adopted, the resolution shall
provide contact information such as | 277 |
the representative's name,
address, and telephone number. | 278 |
The resolution shall include within its procedures a | 279 |
requirement that any nonprofit organization desiring to obtain | 280 |
donated property under this division shall submit a written notice | 281 |
to the board or its representative. The written notice shall | 282 |
include evidence that the organization is a nonprofit organization | 283 |
that is located in this state and is
exempt from federal income | 284 |
taxation pursuant to 26 U.S.C. 501(a)
and (c)(3); a description of | 285 |
the organization's primary purpose; a
description of the type or | 286 |
types of property the organization
needs; and the name, address, | 287 |
and telephone number of a person
designated by the organization's | 288 |
governing board to receive
donated property and to serve as its | 289 |
agent. | 290 |
After adoption of the resolution, the board shall publish, in | 291 |
a newspaper of general circulation in the township, notice of its | 292 |
intent to donate unneeded, obsolete, or unfit-for-use township | 293 |
property to eligible nonprofit organizations. The notice shall | 294 |
include a summary of the information provided in the resolution | 295 |
and shall be published at least twice. The second and any | 296 |
subsequent notice shall be published not less than ten nor more | 297 |
than twenty days after the previous notice. A similar notice also | 298 |
shall be posted continually in the board's office, and, if the | 299 |
township maintains a web site on the internet, the notice shall be | 300 |
posted continually at that web site. | 301 |
The board or its representatives shall maintain a list of all | 302 |
nonprofit organizations that notify the board or its | 303 |
representative of their desire to obtain donated property under | 304 |
this division and that the board or its representative determines | 305 |
to be eligible, in accordance with the requirements set forth in | 306 |
this section and in
the donation program's guidelines and | 307 |
procedures, to receive
donated property. | 308 |
The board or its representative also shall maintain a list of | 309 |
all township property the board finds to be unneeded, obsolete, or | 310 |
unfit for use and to be available for donation under this | 311 |
division. The list shall be posted continually in a conspicuous | 312 |
location in the board's office, and, if the township maintains a | 313 |
web site on the internet, the list shall be posted continually at | 314 |
that web site. An item of property on the list shall be donated
to | 315 |
the eligible nonprofit organization that first declares to the | 316 |
board or its representative its desire to obtain the item unless | 317 |
the board previously has established, by resolution, a list of | 318 |
eligible nonprofit organizations that shall be given priority with | 319 |
respect to the item's donation. Priority may be given on the
basis | 320 |
that the purposes of a nonprofit organization have a direct | 321 |
relationship to specific public purposes of programs provided or | 322 |
administered by the board. A resolution giving priority to
certain | 323 |
nonprofit organizations with respect to the donation of an
item of | 324 |
property shall specify the reasons why the organizations
are given | 325 |
that priority. | 326 |
(3) If the board finds, by resolution, that the
township has | 327 |
motor vehicles, road machinery, equipment, or tools
whichthat are | 328 |
not
needed or
are unfit for public use, and the
board wishes
to | 329 |
sell
the motor vehicles, road machinery,
equipment, or tools
to | 330 |
the
person or firm from which it proposes
to purchase other
motor | 331 |
vehicles, road machinery, equipment, or
tools, the board
may offer | 332 |
to sell the motor vehicles, road
machinery, equipment,
or tools to
| 333 |
that person or firm, and to
have
the selling price
credited to
the | 334 |
person or firm against
the purchase price of
other motor
vehicles, | 335 |
road machinery,
equipment, or tools. | 336 |
(4) If the board advertises for bids for the sale of
new | 337 |
motor vehicles, road machinery, equipment, or tools to the | 338 |
township, it may include in the same advertisement a notice of
the | 339 |
willingness of the board to accept bids for the purchase of | 340 |
township-owned motor vehicles, road machinery, equipment, or
tools | 341 |
whichthat are obsolete or not needed for public use, and to
have | 342 |
the
amount of
those bids subtracted from the selling
price of
the | 343 |
new
motor vehicles, road machinery, equipment, or
tools, as a | 344 |
means of
determining the lowest responsible bidder. | 345 |
(B) When the board has offered property at public auction | 362 |
under
this section and has not received an acceptable offer, the | 363 |
board, by
resolution, may enter into a contract, without | 364 |
advertising or bidding, for the
sale of that property. The | 365 |
resolution shall specify a minimum acceptable
price and the | 366 |
minimum acceptable terms for the contract. The minimum
acceptable | 367 |
price shall not be lower than the minimum price established for | 368 |
the
public auction. | 369 |
(C) Members of the board shall consult with the Ohio ethics | 370 |
commission and comply with the provisions of Chapters 102. and | 371 |
2921. of the Revised Code, with respect to any sale or donation | 372 |
under division (A)(2) of this section to a nonprofit organization | 373 |
of which a township trustee, any member of the township trustee's | 374 |
family, or any business associate of the township trustee is a | 375 |
trustee, officer, board member, or employee. | 376 |
(D) Notwithstanding anything to the contrary in division
(A) | 377 |
or (B) of this section and regardless of the property's value,
the | 378 |
board may sell personal property,
including
motor vehicles, road | 379 |
machinery, equipment, tools, or
supplies,
whichthat is not needed | 380 |
for public use, is obsolete, or is
unfit for
the use for which it | 381 |
was acquired, by internet auction.
The board
shall adopt, during | 382 |
each calendar year, a resolution
expressing
its intent to sell | 383 |
that property by internet auction.
The
resolution shall include a | 384 |
description of how the auctions
will be
conducted and shall | 385 |
specify the number of days for bidding
on the
property, which | 386 |
shall be no less than fifteenten days,
including
Saturdays, | 387 |
Sundays, and legal holidays. The resolution
shall
indicate whether | 388 |
the township will conduct the auction or
the
board will contract | 389 |
with a representative to conduct the
auction
and shall establish | 390 |
the general terms and
conditions of
sale. If
a representative is | 391 |
known when
the resolution is
adopted, the
resolution shall provide | 392 |
contact
information such as
the
representative's name, address, | 393 |
and telephone
number. | 394 |
After adoption of the resolution, the board shall
publish, in | 395 |
a newspaper of general circulation in the township, notice of its | 396 |
intent to sell unneeded, obsolete, or unfit-for-use township | 397 |
personal
property by internet auction. The notice shall include a | 398 |
summary
of the information provided in the resolution and shall be | 399 |
published at least twice. The second and any subsequent notice | 400 |
shall be published not less than ten nor more than twenty days | 401 |
after the previous notice. A similar
notice also shall be posted | 402 |
continually throughout the calendar year in a conspicuous place in | 403 |
the
board's office, and, if the township maintains a web site on | 404 |
the
internet, the notice shall be posted continually throughout | 405 |
the
calendar year at that web site. | 406 |
When property is to be sold by internet auction, the board or | 407 |
its representative may establish a minimum price that
will be | 408 |
accepted for specific items and may establish any other
terms and | 409 |
conditions for the particular sale, including
requirements for | 410 |
pick-up or delivery, method of payment, and sales
tax. This type | 411 |
of information shall be provided on the internet
at the time of | 412 |
the auction and may be provided before that time
upon request, | 413 |
after the terms and conditions have been determined
by the board | 414 |
or its representative. | 415 |
(E)(5)(a) An auction that is sponsored by a nonprofit or | 439 |
charitable organization that is registered in this state under | 440 |
Chapter 1702. or Chapter 1716. of the Revised Code, respectively, | 441 |
if the auction only involves the property of the members of the | 442 |
organization and the auction is part of a fair that is organized | 443 |
by an agricultural society under Chapter 1711. of the Revised Code | 444 |
or by the Ohio expositions commission under Chapter 991. of the | 445 |
Revised Code at which an auctioneer who is licensed under this | 446 |
chapter physically conducts the auction; or | 447 |
(b) Sales at an auction sponsored by a charitable, religious, | 448 |
or civic organization that is tax exempt under subsection | 449 |
501(c)(3) of the Internal Revenue Code, or by a public school, | 450 |
chartered nonpublic school, or community school, if no person in | 451 |
the business of
organizing, arranging, or
conducting an auction | 452 |
for compensation and no consignor of consigned
items sold
at the | 453 |
auction, except such organization or school, receives | 454 |
compensation from the proceeds of the
auction. As used in | 455 |
division (B)(5)(b) of this section, "compensation" means money, a | 456 |
thing of value other than participation in a charitable event, or | 457 |
a financial benefit. | 458 |
Sec. 4707.20. (A) NoExcept when conducting an auction under | 477 |
division (B)(5)(b) of section 4707.02 of the Revised Code, no | 478 |
person
shall act as an auction firm, auctioneer, or
special | 479 |
auctioneer
until the person has
first
entered into a written | 480 |
contract or
agreement in duplicate with
the
owner or consignee of | 481 |
any property
to be sold, containing the
terms and conditions upon | 482 |
which the
licensee receives or accepts
the property for sale at | 483 |
auction. The
contracts or agreements
shall, for a period of two | 484 |
years, be kept
on file in the office
of
every person so licensed. | 485 |
No apprentice
auctioneer shall be
authorized to enter into such a | 486 |
contract or
agreement without the
written consent of the | 487 |
apprentice
auctioneer's sponsoring
auctioneer, and all contracts | 488 |
or
agreements shall be made in the
name of and on behalf of the | 489 |
sponsoring auctioneer. In addition, an apprentice auctioneer shall | 490 |
not enter into an auction contract for the sale of real property | 491 |
in the name of the sponsoring auctioneer regardless of whether the | 492 |
apprentice auctioneer is licensed as a real estate broker or | 493 |
salesperson. | 494 |
(B) On all contracts or agreements between an auction firm, | 495 |
auctioneer,
or
special auctioneer and the owner or consignee, | 496 |
there shall
appear
a prominent statement indicating that the | 497 |
auction firm, auctioneer, or
special
auctioneer is licensed by the | 498 |
department of
agriculture,
and either that the licensee is
bonded | 499 |
in favor of the state or that an aggrieved person may initiate a | 500 |
claim against the auction recovery fund created in section 4707.25 | 501 |
of the Revised Code as a result of the licensee's actions, | 502 |
whichever is applicable. | 503 |
Sec. 4707.21. No auction firm, auctioneer, apprentice | 536 |
auctioneer, or
special
auctioneer
shall willfully neglect or | 537 |
refuse to furnish
the department of
agriculture
statistics or | 538 |
other
information in
the auction firm's, auctioneer's, apprentice | 539 |
auctioneer's, or
special auctioneer's
possession or under
the | 540 |
auction firm's, auctioneer's,
apprentice auctioneer's, or
special | 541 |
auctioneer's
control that
the auction firm, auctioneer, apprentice | 542 |
auctioneer, or special auctioneer
is
authorized to collect; nor | 543 |
shall
the auction firm, auctioneer, apprentice
auctioneer, or | 544 |
special
auctioneer neglect or refuse, for
more than
thirty days, | 545 |
to answer
questions submitted on circulars; nor
shall
the auction | 546 |
firm, auctioneer,
apprentice auctioneer, or special
auctioneer | 547 |
knowingly
answer any
such questions falsely; and nor shall
the | 548 |
auction firm, auctioneer,
apprentice
auctioneer, or special | 549 |
auctioneer refuse to
obey
subpoenas and
give testimony. Licensees, | 550 |
as well as charitable, religious, or civic organizations and | 551 |
schools that sponsor an auction under division (B)(5)(b) of | 552 |
section
4707.02 of the Revised Code, shall keep records
relative | 553 |
to any
auction sale for
at least two years from theits date
of | 554 |
auction.
These
records shall
include
settlement sheets, written | 555 |
contracts,
and
copies of any advertising that lists
the items for
| 556 |
auction, as
applicable. | 557 |
Sec. 4707.26. (A)(1) A person who asserts that the person has | 558 |
been aggrieved by the actions of a person licensed under this | 559 |
chapter that resulted in actual and direct losses to the aggrieved | 560 |
person may initiate a claim against the auction recovery fund | 561 |
either under this section or section 4707.261 of the Revised Code. | 562 |
If an aggrieved person who wishes to seek recovery from the | 563 |
auction recovery fund has obtained a final judgment in a court of | 564 |
competent jurisdiction against the licensee, the aggrieved person | 565 |
shall initiate the claim in accordance with section 4707.261 of | 566 |
the Revised Code. If an aggrieved person who wishes to seek | 567 |
recovery from the auction recovery fund has not obtained a final | 568 |
judgment in a court of competent jurisdiction against the | 569 |
licensee, the aggrieved person shall initiate the claim in | 570 |
accordance with this section. | 571 |
To initiate a claim against the fund, an aggrieved person | 583 |
shall file a verified complaint with the department of agriculture | 584 |
in accordance with section 4707.16 of the Revised Code. The | 585 |
verified complaint shall include an application to the department | 586 |
that requests recovery of the applicant's actual and direct losses | 587 |
and that is made on forms that the department provides. The | 588 |
application for recovery shall specify the nature of the act or | 589 |
transaction on which the applicant's claim is based, the actual | 590 |
and direct losses sustained by the applicant, and any activities | 591 |
that the applicant has pursued as a remedy for the losses. | 592 |
(B) Upon receipt of a verified complaint and application,
the | 593 |
department shall conduct an investigation in accordance with | 594 |
section 4707.16 of the Revised Code. After the investigation, if | 595 |
the department determines that the licensee has engaged in conduct | 596 |
described in section 4707.15 of the Revised Code or otherwise has | 597 |
violated this chapter or rules adopted under it, the department | 598 |
shall propose to take action to suspend or revoke the licensee's | 599 |
license under section 4707.15 of the Revised Code or to initiate a | 600 |
criminal action against the licensee under section 4707.99 of the | 601 |
Revised Code, or both. The department shall issue a letter to the | 602 |
applicant indicating the department's proposed action and the date | 603 |
of any hearing that the department has scheduled regarding the | 604 |
matter. | 605 |
(C) Upon exhaustion of administrative remedies or
criminal | 606 |
proceedings that results in a finding that the licensee
has | 607 |
engaged in conduct described in section 4707.15 of the Revised | 608 |
Code or otherwise has violated this chapter or rules adopted under | 609 |
it, the department shall issue a notice in accordance with Chapter | 610 |
119. of the Revised Code via certified mail to the applicant | 611 |
indicating that the applicant may request a hearing for relief | 612 |
from the auction recovery fund. An applicant who seeks recovery | 613 |
from the fund of any actual and direct losses suffered as a result | 614 |
of a licensee's conduct shall submit, not later than thirty days | 615 |
following receipt of the notice, a request for a hearing to the | 616 |
department. | 617 |
Upon the timely receipt of a request for a hearing, the | 618 |
department shall provide the applicant with the opportunity to | 619 |
appear at an adjudication hearing to offer proof and evidence of | 620 |
the actual and direct losses. Whenever possible, the department | 621 |
shall require all applicants whose claims to the fund arose from | 622 |
an underlying transaction involving the same licensee to be joined | 623 |
in one adjudication under this section so that the rights of all | 624 |
applicants may be equitably adjudicated and settled. On behalf of | 625 |
the fund, the department may defend claims against the fund and | 626 |
shall have recourse to all appropriate means of defense and | 627 |
review, including examination of witnesses, and verification of | 628 |
actual losses. | 629 |
The recommendation of the hearing officer may be approved, | 675 |
modified, or disapproved by order of the director of agriculture. | 676 |
The order shall not be issued until more than ten days have | 677 |
elapsed following the applicant's receipt of the report and | 678 |
recommendation as provided by this section. The director's | 679 |
approval, modification, or disapproval of the hearing officer's | 680 |
recommendation shall have the same effect as if the hearing had | 681 |
been conducted by the director. | 682 |
After an order is entered on its journal, the department | 689 |
shall make payment, if applicable, to the applicant from the | 690 |
auction recovery fund in accordance with the order and shall | 691 |
provide to the applicant by certified mail, return receipt | 692 |
requested, a copy of the order and a statement of the time and | 693 |
method by which an appeal may be perfected. In addition, the | 694 |
department shall mail a copy of the order to the attorney or other | 695 |
representative of the applicant. | 696 |
Section 3. Section 505.10 of the Revised Code is presented | 707 |
in
this act as a composite of the section as amended by both Sub. | 708 |
H.B. 204 and Sub. H.B. 323 of
the 125th General Assembly. The | 709 |
General Assembly, applying the
principle stated in division (B) of | 710 |
section 1.52 of the Revised
Code that amendments are to be | 711 |
harmonized if reasonably capable of
simultaneous operation, finds | 712 |
that the composite is the resulting
version of the section in | 713 |
effect prior to the effective date of
the section as presented in | 714 |
this act. | 715 |