As Reported by the Senate State and Local Government and Veterans Affairs Committee

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 525

Representative Combs 

Cosponsors: Representatives McGregor, J., Peterson, Setzer, Harwood, Szollosi, Raussen, Chandler, Uecker, Adams, Batchelder, Blessing, Boyd, Brown, Ciafardini, Coley, Domenick, Dyer, Evans, Flowers, Gardner, Gerberry, Hite, Huffman, Letson, Lundy, Mecklenborg, Nero, Patton, Schneider, Stebelton 

Senators Cates, Seitz, Wagoner 

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A BILL

To amend sections 101.45, 117.18, 119.09, 124.09,

1

169.08, 317.36, 505.495, 709.032, 733.39, 1121.38,

2

1315.17, 1315.24, 1321.07, 1321.42, 1509.36,

3

1513.131, 1571.10, 1571.14, 1707.23, 1901.26,

4

1905.26, 2335.06, 2335.08, 2743.06, 2743.65,

5

3745.05, 3901.04, 3901.321, 4112.04, 4121.16,

6

4123.13, 4167.10, 4301.04, 4503.03, 4517.32,

7

4701.29, 4723.29, 4725.23, 4728.05, 4730.26,

8

4731.22, 4735.04, 4738.11, 4741.03, 4760.14,

9

4762.14, 4763.04, 4769.06, 4903.05, 5101.37,

10

5120.30, 5123.14, 5123.96, 5149.11, 5703.29,

11

5727.62, and 5924.47 and to enact sections

12

119.094, 317.114, 317.37, and 3333.30 of the

13

Revised Code to establish standard format

14

requirements for documents to be recorded by a

15

county recorder, to allow recording of a single

16

instrument for multiple transactions pertaining

17

to oil and gas, to permit the board of county

18

commissioners in each county to set the mileage

19

reimbursement rate for witnesses in civil cases in

20

county courts at a rate not to exceed fifty and

21

one-half cents per mile, to set the mileage

22

reimbursement rate for witnesses in other courts

23

of record and state adjudication hearings at fifty

24

and one-half cents per mile, and to

24

authorize the Chancellor of the Ohio Board of Regents to enter

25

into an agreement with private entities to provide access to

26

career information on the Board of Regents' web site.

25

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 101.45, 117.18, 119.09, 124.09,	26
169.08, 317.36, 505.495, 709.032, 733.39, 1121.38, 1315.17,	27
1315.24, 1321.07, 1321.42, 1509.36, 1513.131, 1571.10, 1571.14,	28
1707.23, 1901.26, 1905.26, 2335.06, 2335.08, 2743.06, 2743.65,	29
3745.05, 3901.04, 3901.321, 4112.04, 4121.16, 4123.13, 4167.10,	30
4301.04, 4503.03, 4517.32, 4701.29, 4723.29, 4725.23, 4728.05,	31
4730.26, 4731.22, 4735.04, 4738.11, 4741.03, 4760.14, 4762.14,	32
4763.04, 4769.06, 4903.05, 5101.37, 5120.30, 5123.14, 5123.96,	33
5149.11, 5703.29, 5727.62, and 5924.47 be amended and sections	34
119.094, 317.114, 317.37, and 3333.30 of the Revised Code be	35
enacted to read as follows:	36

Sec. 101.45.  Sheriffs and witnesses shall be paid the same	38
fees and mileage for services and attendance as are allowed in the	39
court of common pleas for similar services and attendance.	40
Witnesses shall be paid the same fees and mileage as witnesses are	41
provided under section 119.094 of the Revised Code. Such fees and	42
mileage shall be paid from the state treasury on the certificate	43
of the chairmanchairperson of the committee or subcommittee which	44
issued the subpoena.	45

Sec. 117.18.  (A) The auditor of state and any employee	46
designated by the auditor of state may, in the performance of any	47
audit, issue and serve subpoenas and compulsory process or direct	48
service thereof by a sheriff or constable, compel the attendance	49
of witnesses and the production of records, administer oaths, and	50
apply to a court of competent jurisdiction to punish for	51
disobedience of subpoena, refusal to be sworn, refusal to answer	52
as a witness, or refusal to produce records. Sheriffs and	53
constables shall receive the same fees as for like services in	54
similar cases, and witnesses. Witnesses shall receive the same	55
fees and mileage as witnesses are allowed in the court of common	56
pleasprovided under section 119.094 of the Revised Code.	57

(B) The auditor of state and any employee designated by the	58
auditor of state may exercise any authority granted by this	59
section on behalf of any public accountant conducting an audit	60
pursuant to this chapter when so requested.	61

Sec. 119.09.  As used in this section "stenographic record"	62
means a record provided by stenographic means or by the use of	63
audio electronic recording devices, as the agency determines.	64

For the purpose of conducting any adjudication hearing	65
required by sections 119.01 to 119.13 of the Revised Code, the	66
agency may require the attendance of such witnesses and the	67
production of such books, records, and papers as it desires, and	68
it may take the depositions of witnesses residing within or	69
without the state in the same manner as is prescribed by law for	70
the taking of depositions in civil actions in the court of common	71
pleas, and for that purpose the agency may, and upon the request	72
of any party receiving notice of the hearing as required by	73
section 119.07 of the Revised Code shall, issue a subpoena for any	74
witness or a subpoena duces tecum to compel the production of any	75
books, records, or papers, directed to the sheriff of the county	76
where such witness resides or is found, which shall be served and	77
returned in the same manner as a subpoena in a criminal case is	78
served and returned. The fees and mileage of the sheriff and	79
witnesses shall be paid the same fees for services as thatare	80
allowed in the court of common pleas in criminal cases. Witnesses	81
shall be paid the fees and mileage provided for under section	82
119.094 of the Revised Code. Fees and mileage shall be paid from	83
the fund in the state treasury for the use of the agency in the	84
same manner as other expenses of the agency are paid.	85

An agency may postpone or continue any adjudication hearing	86
upon the application of any party or upon its own motion.	87

In any case of disobedience or neglect of any subpoena served	88
on any person or the refusal of any witness to testify to any	89
matter regarding which hethe witness may lawfully be	90
interrogated, the court of common pleas of any county where such	91
disobedience, neglect, or refusal occurs or any judge thereof, on	92
application by the agency shall compel obedience by attachment	93
proceedings for contempt, as in the case of disobedience of the	94
requirements of a subpoena issued from such court, or a refusal to	95
testify therein.	96

At any adjudication hearing required by sections 119.01 to	97
119.13 of the Revised Code, the record of which may be the basis	98
of an appeal to court, a stenographic record of the testimony and	99
other evidence submitted shall be taken at the expense of the	100
agency. Such record shall include all of the testimony and other	101
evidence, and rulings on the admissibility thereof presented at	102
the hearing. This paragraph does not require a stenographic record	103
at every adjudication hearing. In any situation where an	104
adjudication hearing is required by sections 119.01 to 119.13 of	105
the Revised Code, if an adjudication order is made without a	106
stenographic record of the hearing, the agency shall, on request	107
of the party, afford a hearing or rehearing for the purpose of	108
making such a record which may be the basis of an appeal to court.	109
The rules of an agency may specify the situations in which a	110
stenographic record will be made only on request of the party;	111
otherwise such a record shall be made at every adjudication	112
hearing from which an appeal to court might be taken.	113

The agency shall pass upon the admissibility of evidence, but	114
a party may at the time make objection to the rulings of the	115
agency thereon, and if the agency refuses to admit evidence, the	116
party offering the same shall make a proffer thereof, and such	117
proffer shall be made a part of the record of such hearing.	118

In any adjudication hearing required by sections 119.01 to	119
119.13 of the Revised Code, the agency may call any party to	120
testify under oath as upon cross-examination.	121

The agency, or any one delegated by it to conduct an	122
adjudication hearing, may administer oaths or affirmations.	123

In any adjudication hearing required by sections 119.01 to	124
119.13 of the Revised Code, the agency may appoint a referee or	125
examiner to conduct the hearing. The referee or examiner shall	126
have the same powers and authority in conducting the hearing as is	127
granted to the agency. Such referee or examiner shall have been	128
admitted to the practice of law in the state and be possessed of	129
such additional qualifications as the agency requires. The referee	130
or examiner shall submit to the agency a written report setting	131
forth histhe referee's or examiner's findings of fact and	132
conclusions of law and a recommendation of the action to be taken	133
by the agency. A copy of such written report and recommendation of	134
the referee or examiner shall within five days of the date of	135
filing thereof, be served upon the party or histhe party's	136
attorney or other representative of record, by certified mail. The	137
party may, within ten days of receipt of such copy of such written	138
report and recommendation, file with the agency written objections	139
to the report and recommendation, which objections shall be	140
considered by the agency before approving, modifying, or	141
disapproving the recommendation. The agency may grant extensions	142
of time to the party within which to file such objections. No	143
recommendation of the referee or examiner shall be approved,	144
modified, or disapproved by the agency until after ten days after	145
service of such report and recommendation as provided in this	146
section. The agency may order additional testimony to be taken or	147
permit the introduction of further documentary evidence. The	148
recommendation of the referee or examiner may be approved,	149
modified, or disapproved by the agency, and the order of the	150
agency based on such report, recommendation, transcript of	151
testimony and evidence, or objections of the parties, and	152
additional testimony and evidence shall have the same effect as if	153
such hearing had been conducted by the agency. No such	154
recommendation shall be final until confirmed and approved by the	155
agency as indicated by the order entered on its record of	156
proceedings, and if the agency modifies or disapproves the	157
recommendations of the referee or examiner it shall include in the	158
record of its proceedings the reasons for such modification or	159
disapproval.	160

After such order is entered on its journal, the agency shall	161
serve by certified mail, return receipt requested, upon the party	162
affected thereby, a certified copy of the order and a statement of	163
the time and method by which an appeal may be perfected. A copy of	164
such order shall be mailed to the attorneys or other	165
representatives of record representing the party.	166

Sec. 119.094.  (A) Unless otherwise provided by the Revised	167
Code, each witness subpoenaed to an adjudication hearing shall	168
receive twelve dollars for each full day's attendance and six	169
dollars for each half day's attendance. Each witness also shall	170
receive fifty and one-half cents for each mile necessarily	171
traveled to and from the witness's place of residence to the	172
adjudication hearing.	173

(B) As used in this section:

174

(1) "Full day's attendance" means a day on which a witness is	175
required or requested to be present at an adjudication hearing	176
before and after twelve noon, regardless of whether the witness	177
actually testifies.	178

(2) "Half day's attendance" means a day on which a witness is	179
required or requested to be present at an adjudication hearing	180
either before or after twelve noon, but not both, regardless of	181
whether the witness actually testifies.	182

Sec. 124.09.  The director of administrative services shall	183
do all of the following:	184

(A) Prescribe, amend, and enforce administrative rules for	185
the purpose of carrying out the functions, powers, and duties	186
vested in and imposed upon the director by this chapter. Except	187
in the case of rules adopted pursuant to section 124.14 of the	188
Revised Code, the prescription, amendment, and enforcement of	189
rules under this division are subject to approval, disapproval, or	190
modification by the state personnel board of review.	191

(B) Keep records of the director's proceedings and records of	192
all applications for examinations and all examinations conducted	193
by the director. All of those records, except examinations,	194
proficiency assessments, and recommendations of former employers,	195
shall be open to public inspection under reasonable regulations;	196
provided the governor, or any person designated by the governor,	197
may, for the purpose of investigation, have free access to all of	198
those records, whenever the governor has reason to believe that	199
this chapter, or the administrative rules of the director	200
prescribed under this chapter, are being violated.	201

(C) Prepare, continue, and keep in the office of the	202
department of administrative services a complete roster of all	203
persons in the classified civil service of the state who are paid	204
directly by warrant of the director of budget and management. This	205
roster shall be open to public inspection at all reasonable hours.	206
It shall show in reference to each of those persons, the person's	207
name, address, date of appointment to or employment in the	208
classified civil service of the state, and salary or compensation,	209
the title of the place or office that the person holds, the nature	210
of the duties of that place or office, and, in case of the	211
person's removal or resignation, the date of the termination of	212
that service.	213

(D) Approve the establishment of all new positions in the	214
civil service of the state and the reestablishment of abolished	215
positions;	216

(E) Require the abolishment of any position in the civil	217
service of the state that is not filled after a period of twelve	218
months unless it is determined that the position is seasonal in	219
nature or that the vacancy is otherwise justified;	220

(F) Make investigations concerning all matters touching the	221
enforcement and effect of this chapter and the administrative	222
rules of the director of administrative services prescribed under	223
this chapter. In the course of those investigations, the director	224
or the director's deputy may administer oaths and affirmations and	225
take testimony relative to any matter which the director has	226
authority to investigate.	227

(G) Have the power to subpoena and require the attendance and	228
testimony of witnesses and the production of books, papers, public	229
records, and other documentary evidence pertinent to the	230
investigations, inquiries, or hearings on any matter which the	231
director has authority to investigate, inquire into, or hear, and	232
to examine them in relation to any matter which the director has	233
authority to investigate, inquire into, or hear. Fees and mileage	234
shall be allowed to witnesses and, on their certificate, duly	235
audited, shall be paid by the treasurer of state or, in the case	236
of municipal or civil service township civil service commissions,	237
by the county treasurer, for attendance and traveling, as is	238
provided in section 2335.06119.094 of the Revised Code for	239
witnesses in courts of record. All officers in the civil service	240
of the state or any of the political subdivisions of the state and	241
their deputies, clerks, and employees shall attend and testify	242
when summoned to do so by the director or the state personnel	243
board of review. Depositions of witnesses may be taken by the	244
director or the board, or any member of the board, in the manner	245
prescribed by law for like depositions in civil actions in the	246
courts of common pleas. In case any person, in disobedience to any	247
subpoena issued by the director or the board, or any member of the	248
board, or the chief examiner, fails or refuses to attend and	249
testify to any matter regarding which the person may be lawfully	250
interrogated, or produce any documentary evidence pertinent to any	251
investigation, inquiry, or hearing, the court of common pleas of	252
any county, or any judge of the court of common pleas of any	253
county, where the disobedience, failure, or refusal occurs, upon	254
application of the director or the board, or any member of the	255
board, or a municipal or civil service township civil service	256
commission, or any commissioner of such a commission, or their	257
chief examiner, shall compel obedience by attachment proceedings	258
for contempt as in the case of disobedience of the requirements of	259
a subpoena issued from the court or a refusal to testify in the	260
court.	261

(H) Make a report to the governor, on or before the first day	262
of January of each year, showing the director's actions, the rules	263
and all exceptions to the rules in force, and any recommendations	264
for the more effectual accomplishment of the purposes of this	265
chapter. The director shall also furnish any special reports to	266
the governor whenever the governor requests them. The reports	267
shall be printed for public distribution under the same	268
regulations as are the reports of other state officers, boards, or	269
commissions.	270

Sec. 169.08.  (A) Any person claiming a property interest in	271
unclaimed funds delivered or reported to the state under Chapter	272
169. of the Revised Code, including the office of child support in	273
the department of job and family services, pursuant to section	274
3123.88 of the Revised Code, may file a claim thereto on the form	275
prescribed by the director of commerce.	276

(B) The director shall consider matters relevant to any claim	277
filed under division (A) of this section and shall hold a formal	278
hearing if requested or considered necessary and receive evidence	279
concerning such claim. A finding and decision in writing on each	280
claim filed shall be prepared, stating the substance of any	281
evidence received or heard and the reasons for allowance or	282
disallowance of the claim. The evidence and decision shall be a	283
public record. No statute of limitations shall bar the allowance	284
of a claim.	285

(C) For the purpose of conducting any hearing, the director	286
may require the attendance of such witnesses and the production of	287
such books, records, and papers as the director desires, and the	288
director may take the depositions of witnesses residing within or	289
without this state in the same manner as is prescribed by law for	290
the taking of depositions in civil actions in the court of common	291
pleas, and for that purpose the director may issue a subpoena for	292
any witness or a subpoena duces tecum to compel the production of	293
any books, records, or papers, directed to the sheriff of the	294
county where such witness resides or is found, which shall be	295
served and returned. The fees and mileage of the sheriff and	296
witnesses shall be the same as that allowed in the court of common	297
pleas in criminal cases. Witnesses shall be paid the fees and	298
mileage provided for under section 119.094 of the Revised Code.	299
Fees and mileage shall be paid from the unclaimed funds trust	300
fund.	301

(D) Interest is not payable to claimants of unclaimed funds	302
held by the state. Claims shall be paid from the trust fund. If	303
the amount available in the trust fund is not sufficient to pay	304
pending claims, or other amounts disbursable from the trust fund,	305
the treasurer of state shall certify such fact to the director,	306
who shall then withdraw such amount of funds from the mortgage	307
accounts as the director determines necessary to reestablish the	308
trust fund to a level required to pay anticipated claims but not	309
more than ten per cent of the net unclaimed funds reported to	310
date.	311

The director shall retain in the trust fund, as a fee for	312
administering the funds, five per cent of the total amount of	313
unclaimed funds payable to the claimant and may withdraw the funds	314
paid to the director by the holders and deposited by the director	315
with the treasurer of state or in a financial institution as agent	316
for such funds. Whenever these funds are inadequate to meet the	317
requirements for the trust fund, the director shall provide for a	318
withdrawal of funds, within a reasonable time, in such amount as	319
is necessary to meet the requirements, from financial institutions	320
in which such funds were retained or placed by a holder and from	321
other holders who have retained funds, in an equitable manner as	322
prescribed by the director. In the event that the amount to be	323
withdrawn from any one such holder is less than five hundred	324
dollars, the amount to be withdrawn shall be at the discretion of	325
the director. Such funds may be reimbursed in the amounts	326
withdrawn when the trust fund has a surplus over the amount	327
required to pay anticipated claims. Whenever the trust fund has a	328
surplus over the amount required to pay anticipated claims, the	329
director may transfer such surplus to the mortgage accounts.	330

(E) If a claim which is allowed under this section relates to	331
funds which have been retained by the reporting holder, and if the	332
funds, on deposit with the treasurer of state pursuant to this	333
chapter, are insufficient to pay claims, the director may notify	334
such holder in writing of the payment of the claim and such holder	335
shall immediately reimburse the state in the amount of such claim.	336
The reimbursement shall be credited to the unclaimed funds trust	337
fund.	338

(F) Any person, including the office of child support,	339
adversely affected by a decision of the director may appeal such	340
decision in the manner provided in Chapter 119. of the Revised	341
Code.	342

In the event the claimant prevails, the claimant shall be	343
reimbursed for reasonable attorney's fees and costs.	344

(G) Notwithstanding anything to the contrary in this chapter,	345
any holder who has paid moneys to or entered into an agreement	346
with the director pursuant to section 169.05 of the Revised Code	347
on certified checks, cashiers' checks, bills of exchange, letters	348
of credit, drafts, money orders, or travelers' checks, may make	349
payment to any person entitled thereto, including the office of	350
child support, and upon surrender of the document, except in the	351
case of travelers' checks, and proof of such payment, the director	352
shall reimburse the holder for such payment without interest.	353

Sec. 317.114.  (A) Except as otherwise provided in division	354
(B) of this section, an instrument or document presented for	355
recording to the county recorder shall have been prepared in	356
accordance with all of the following requirements:	357

(1) Print size not smaller than a computer font size of ten;

358

(2) Minimum paper size of eight and one-half inches by eleven	359
inches;	360

(3) Maximum paper size of eight and one-half inches by	361
fourteen inches;	362

(4) Black or blue ink only;

363

(5) No use of highlighting;

364

(6) Margins of one-inch width on each side of each page of	365
the instrument or document;	366

(7) A margin of one-inch width across the bottom of each page	367
of the instrument or document;	368

(8) A three-inch margin of blank space across the top of the	369
first page of each instrument or document to accommodate any	370
certification or indorsement of the county engineer, county	371
auditor, or county recorder, as may be required by law, with the	372
right half of that margin being reserved for the indorsement of	373
the county recorder required by section 317.12 of the Revised	374
Code; and	375

(9) A one and one-half-inch margin across the top of each of	376
the remaining pages of the instrument or document.	377

The county recorder shall accept for recording an instrument	378
or document that does not conform to the foregoing requirements	379
but shall charge and collect the following additional fees for	380
each such instrument or document: an additional base fee for the	381
recorder's services of ten dollars and a housing trust fund fee of	382
ten dollars, which shall be collected pursuant to section 317.36	383
of the Revised Code.	384

(B) This section does not apply to any of the following:

385

(1) Any document that originates with any court or taxing	386
authority;	387

(2) Any document authorized to be recorded under section	388
317.24 of the Revised Code;	389

(3) Any plat, as defined in section 711.001 of the Revised	390
Code, that is required or authorized by the Revised Code to be	391
recorded;	392

(4) Any document authorized to be recorded that originates	393
from any state or federal agency;	394

(5) Any document executed before the effective date of this	395
section.	396

Sec. 317.36. (A) The county recorder shall collect the low-	397
and moderate-income housing trust fund fee as specified in	398
sections 317.114, 317.32, 1563.42, 1702.59, 2505.13, 4141.23,	399
4509.60, 5111.022, 5310.15, 5719.07, 5727.56, 5733.18, 5733.22,	400
6101.09, and 6115.09 of the Revised Code. The amount of any	401
housing trust fund fee the recorder is authorized to collect is	402
equal to the amount of any base fee the recorder is authorized to	403
collect for services. The housing trust fund fee shall be	404
collected in addition to the base fee.	405

(B) The recorder shall certify the amounts collected as	406
housing trust fund fees pursuant to division (A) of this section	407
into the county treasury as housing trust fund fees to be paid to	408
the treasurer of state pursuant to section 319.63 of the Revised	409
Code.	410

Sec. 317.37.  As used in sections 5301.28 to 5301.35 of the	411
Revised Code, "separate instrument" means either the recording of	412
an entirely new instrument or a written and signed entry on the	413
margin of the original instrument bearing the proper endorsement	414
that is recorded distinct and apart from the original instrument	415
of record. For instruments that convey or affect an interest in	416
crude oil or natural gas, such as a lease, assignment, easement,	417
lien, or right-of-way, in a county in which the county recorder	418
requires an assignment, release, partial release, satisfaction,	419
cancellation, or waiver of priority to be made by separate	420
instrument, the county recorder does not have the power to limit	421
the number of assignments, releases, partial releases,	422
satisfactions, cancellations, or waivers of priority that may be	423
executed and recorded by means of a single instrument.	424

Sec. 505.495.  In all cases in which the attendance of	425
witnesses may be compelled for an investigation, under section	426
505.494 of the Revised Code, any member of the board of township	427
trustees may administer the requisite oaths. The board has the	428
same power to compel the giving of testimony by attending	429
witnesses as is conferred upon courts. In all such cases,	430
witnesses shall be entitled to the same privileges,and	431
immunities, and compensation as are allowed witnesses in civil	432
cases. Witnesses shall be paid the fees and mileage provided for	433
under section 1901.26 of the Revised Code, and the costs of all	434
such proceedings shall be payable from the general fund of the	435
township.	436

Sec. 709.032. (A) As used in this section, "necessary party"	437
means the municipal corporation to which annexation is proposed,	438
each township any portion of which is included within the	439
territory proposed for annexation, and the agent for the	440
petitioners.	441

(B) The hearing provided for in section 709.03 of the Revised	442
Code shall be public. The board of county commissioners may, or at	443
the request of any necessary party shall, issue subpoenas for	444
witnesses or for books, papers, correspondence, memoranda,	445
agreements, or other documents or records relevant or material to	446
the petition, directed to the sheriff of each county where the	447
witnesses or documents or records are found, which subpoenas shall	448
be served and returned in the same manner as those allowed by the	449
court of common pleas in criminal cases. The fees and mileage of	450
sheriffs and witnesses shall be the same as those allowed by the	451
court of common pleas in criminal cases. Witnesses shall be paid	452
the fees and mileage provided for under section 1901.26 of the	453
Revised Code. The fee and mileage expenses incurred at the request	454
of a party shall be paid in advance by the party, and the	455
remainder of the expenses shall be paid out of fees charged by the	456
board for the annexation proceedings. In case of disobedience or	457
neglect of any subpoena served on any person, or the refusal of	458
any witness to testify to any matter regarding which the witness	459
may be lawfully interrogated, the court of common pleas of the	460
county in which the disobedience, neglect, or refusal occurs, or	461
any judge of that court, on application of the board, any member	462
of the board, or a necessary party, may compel obedience by	463
attachment proceedings for contempt as in the case of disobedience	464
of the requirements of a subpoena issued from the court or a	465
refusal to testify in the court. An owner of a company, firm,	466
partnership, association, or corporation that is subpeoned may	467
have an agent or attorney appear before the board on that owner's	468
behalf in response to the subpoena.	469

The board of county commissioners shall make, by electronic	470
means or some other suitable method, a record of the hearing. If a	471
request, accompanied by a deposit to pay the costs, is filed with	472
the board not later than seven days before the hearing, the board	473
shall provide an official court reporter to record the hearing.	474
The record of the hearing need not be transcribed unless a	475
request, accompanied by an amount to cover the cost of	476
transcribing the record, is filed with the board.	477

(C) Any person may appear in person or by attorney and, after	478
being sworn, may support or contest the granting of the petition.	479
Affidavits presented in support of or against the petition shall	480
be considered by the board, but only if the affidavits are filed	481
with the board and served as provided in the Rules of Civil	482
Procedure upon the necessary parties to the annexation proceedings	483
at least fifteen days before the date of the hearing; provided	484
that the board shall accept an affidavit after the fifteen-day	485
period if the purpose of the affidavit is only to establish the	486
affiant's authority to sign the petition on behalf of the entity	487
for which the affiant signed. Necessary parties or their	488
representatives are entitled to present evidence, examine and	489
cross-examine witnesses, and comment on all evidence, including	490
any affidavits presented to the board under this division.	491

(D) At the hearing, any owner who signed the petition for	492
annexation may appear and, after being sworn as provided by	493
section 305.21 of the Revised Code, testify orally that the	494
owner's signature was obtained by fraud, duress,	495
misrepresentation, including any misrepresentation relating to the	496
provision of municipal services to the territory proposed to be	497
annexed, or undue influence. Any person may testify orally after	498
being so sworn in support of or rebuttal to the prior testimony by	499
the owner. Any witnesses and owners who testify shall be subject	500
to cross-examination by the necessary parties to the annexation	501
proceedings. If a majority of the county commissioners find that	502
the owner's signature was obtained under circumstances that did	503
constitute fraud, duress, misrepresentation, or undue influence,	504
they shall find the signature to be void and shall order it	505
removed from the petition as of the time the petition was filed.	506

Sec. 733.39.  In all cases in which the attendance of	507
witnesses may be compelled for an investigation under section	508
733.38 of the Revised Code, any member of the legislative	509
authority of the municipal corporation may administer the	510
requisite oaths, and such legislative authority has the same power	511
to compel the giving of testimony by attending witnesses as is	512
conferred upon courts. In all such cases, witnesses shall be	513
entitled to the same privileges,and immunities, and compensation	514
as are allowed witnesses in civil cases. Witnesses shall be paid	515
the same fees and mileage provided for under section 1901.26 of	516
the Revised Code, and the costs of all such proceedings shall be	517
payable from the general fund of the municipal corporation.	518

Sec. 1121.38.  (A)(1) An administrative hearing provided for	519
in section 1121.32, 1121.33, 1121.35, or 1121.41 of the Revised	520
Code shall be held in the county in which the principal place of	521
business of the bank or trust company or residence of the	522
regulated person is located, unless the bank, trust company, or	523
regulated person requesting the hearing consents to another place.	524
Within ninety days after the hearing, the superintendent of	525
financial institutions shall render a decision, which shall	526
include findings of fact upon which the decision is predicated,	527
and shall issue and serve on the bank, trust company, or regulated	528
person the decision and an order consistent with the decision.	529
Judicial review of the order is exclusively as provided in	530
division (B) of this section. Unless a notice of appeal is filed	531
in a court of common pleas within thirty days after service of the	532
superintendent's order as provided in division (B) of this	533
section, and until the record of the administrative hearing has	534
been filed, the superintendent may, at anytime, upon the notice	535
and in the manner the superintendent considers proper, modify,	536
terminate, or set aside the superintendent's order. After filing	537
the record, the superintendent may modify, terminate, or set aside	538
the superintendent's order with permission of the court.	539

(2) In the course of, or in connection with, an	540
administrative hearing governed by this section, the	541
superintendent, or a person designated by the superintendent to	542
conduct the hearing, may administer oaths and affirmations, take	543
or cause depositions to be taken, and issue, revoke, quash, or	544
modify subpoenas and subpoenas duces tecum. The superintendent may	545
adopt rules regarding these hearings. The attendance of witnesses	546
and the production of documents provided for in this section may	547
be required from any place within or outside the state. A party to	548
a hearing governed by this section may apply to the court of	549
common pleas of Franklin county, or the court of common pleas of	550
the county in which the hearing is being conducted or the witness	551
resides or carries on business, for enforcement of a subpoena or	552
subpoena duces tecum issued pursuant to this section, and the	553
courts have jurisdiction and power to order and require compliance	554
with the subpoena. Witnesses subpoenaed under this section shall	555
be paid the same fees and mileage that are paid witnesses in the	556
courts of common pleas in civil casesprovided for under section	557
119.094 of the Revised Code.	558

(B)(1) A bank, trust company, or regulated person against	559
whom the superintendent issues an order upon the record of a	560
hearing under the authority of section 1121.32, 1121.33, 1121.35,	561
or 1121.41 of the Revised Code may obtain a review of the order by	562
filing a notice of appeal in the court of common pleas in the	563
county in which the principal place of business of the bank, trust	564
company, or regulated person, or residence of the regulated	565
person, is located, or in the court of common pleas of Franklin	566
county, within thirty days after the date of service of the	567
superintendent's order. The clerk of the court shall promptly	568
transmit a copy of the notice of appeal to the superintendent, and	569
the superintendent shall file the record of the administrative	570
hearing. Upon the filing of the notice of appeal, the court has	571
jurisdiction, which upon the filing of the record of the	572
administrative hearing is exclusive, to affirm, modify, terminate,	573
or set aside, in whole or in part, the superintendent's order.	574

(2) The commencement of proceedings for judicial review	575
pursuant to division (B) of this section does not, unless	576
specifically ordered by the court, operate as a stay of any order	577
issued by the superintendent. If it appears to the court an	578
unusual hardship to the appellant bank, trust company, or	579
regulated person will result from the execution of the	580
superintendent's order pending determination of the appeal, and	581
the interests of depositors and the public will not be threatened	582
by a stay of the order, the court may grant a stay and fix its	583
terms.	584

(C) The superintendent may, in the sole discretion of the	585
superintendent, apply to the court of common pleas of the county	586
in which the principal place of business of the bank, trust	587
company, or regulated person, or residence of the regulated	588
person, is located, or the court of common pleas of Franklin	589
county, for the enforcement of an effective and outstanding	590
superintendent's order issued under section 1121.32, 1121.33,	591
1121.34, 1121.35, or 1121.41 of the Revised Code, and the court	592
has jurisdiction and power to order and require compliance with	593
the superintendent's order. In an action by the superintendent	594
pursuant to this division to enforce an order assessing a civil	595
penalty issued under section 1121.35 of the Revised Code, the	596
validity and appropriateness of the civil penalty is not subject	597
to review.	598

(D) No court has jurisdiction to affect, by injunction or	599
otherwise, the issuance or enforcement of an order issued under	600
section 1121.32, 1121.33, 1121.34, 1121.35, or 1121.41 of the	601
Revised Code or to review, modify, suspend, terminate, or set	602
aside an order issued under section 1121.32, 1121.33, 1121.34,	603
1121.35, or 1121.41 of the Revised Code, except as provided in	604
this section, in division (G) of section 1121.32 of the Revised	605
Code for an order issued pursuant to division (C)(3) or (4) of	606
section 1121.32 of the Revised Code, or in division (A)(3) of	607
section 1121.34 of the Revised Code for an order issued pursuant	608
to division (A)(1) of section 1121.34 of the Revised Code.	609

(E) Nothing in this section or in any other section of the	610
Revised Code or rules implementing this or any other section of	611
the Revised Code shall prohibit or limit the superintendent from	612
doing any of the following:	613

(1) Issuing orders pursuant to section 1121.32, 1121.33,	614
1121.34, 1121.35, or 1121.41 of the Revised Code;	615

(2) Individually or contemporaneously taking any other action	616
provided by law or rule with respect to a bank, trust company, or	617
regulated person;	618

(3) Taking any action provided by law or rule with respect to	619
a bank, trust company, or regulated person, whether alone or in	620
conjunction with another regulatory agency or authority.	621

Sec. 1315.17.  (A)(1) Upon a licensee's or other person's	622
request for an administrative hearing authorized in section	623
1315.15, 1315.151, or 1315.152 of the Revised Code, the division	624
of financial institutions shall set a reasonable time, date, and	625
place in this state for the hearing and notify the licensee or	626
other person requesting the hearing. Within ninety days after the	627
hearing, the superintendent of financial institutions shall render	628
a decision, which shall include findings of fact upon which the	629
decision is predicated, and shall issue and serve on the licensee	630
or other person the decision and an order consistent with the	631
decision. Judicial review of the order exclusively is as provided	632
in division (B) of this section. Unless a notice of appeal is	633
filed within thirty days after service of the superintendent's	634
order as provided in division (B) of this section, and until the	635
record of the administrative hearing has been filed, the	636
superintendent may, at anytime, upon the notice and in the manner	637
that the superintendent considers proper, modify, terminate, or	638
set aside the superintendent's order. After filing the record, the	639
superintendent may modify, terminate, or set aside the	640
superintendent's order with permission of the court.	641

(2) In the course of, or in connection with, an	642
administrative hearing governed by this section, the	643
superintendent, or a person designated by the superintendent to	644
conduct the hearing, may administer oaths and affirmations; take	645
or cause depositions to be taken; and issue, revoke, quash, or	646
modify subpoenas and subpoenas duces tecum. The superintendent may	647
adopt rules regarding these hearings. The attendance of witnesses	648
and the production of documents provided for in this section may	649
be required from any place within or outside the state. A party to	650
a hearing governed by this section may apply to the court of	651
common pleas of Franklin county, or the court of common pleas of	652
the county in which the hearing is being conducted or the witness	653
resides or carries on business, for enforcement of a subpoena or	654
subpoena duces tecum issued pursuant to this section, and the	655
courts have jurisdiction and power to order and require compliance	656
with the subpoena. Witnesses subpoenaed under this section shall	657
be paid the same fees and mileage that are paid witnesses in the	658
courts of common pleas in civil casesprovided for under section	659
119.094 of the Revised Code.	660

(B)(1) A licensee or other person against whom the	661
superintendent issues an order upon the record of a hearing under	662
the authority of section 1315.15, 1315.151, or 1315.152 of the	663
Revised Code may obtain a review of the order by filing a notice	664
of appeal in the court of common pleas in the county in which the	665
principal place of business of the licensee or other person, or	666
the residence of the other person, is located, or in the court of	667
common pleas of Franklin county, within thirty days after the date	668
of service of the superintendent's order. The clerk of the court	669
promptly shall transmit a copy of the notice of appeal to the	670
superintendent, and the superintendent shall file the record of	671
the administrative hearing. Upon the filing of the notice of	672
appeal, the court has jurisdiction, which upon the filing of the	673
record of the administrative hearing is exclusive, to affirm,	674
modify, terminate, or set aside, in whole or in part, the	675
superintendent's order.	676

(2) The commencement of proceedings for judicial review	677
pursuant to division (B) of this section does not, unless	678
specifically ordered by the court, operate as a stay of any order	679
issued by the superintendent. If it appears to the court an	680
unusual hardship to the appellant will result from the execution	681
of the superintendent's order pending determination of the appeal,	682
and the interests of the public will not be threatened by a stay	683
of the order, the court may grant a stay and fix its terms.	684

(C) The superintendent may, in the sole discretion of the	685
superintendent, apply to the court of common pleas of the county	686
in which the principal place of business of the licensee or other	687
person, or the residence of the other person, is located, or the	688
court of common pleas of Franklin county, for the enforcement of	689
an effective and outstanding superintendent's order issued under	690
section 1315.15, 1315.151, or 1315.152 of the Revised Code, and	691
the court has jurisdiction and power to order and require	692
compliance with the superintendent's order. In an action by the	693
superintendent pursuant to this division to enforce an order	694
assessing a civil penalty issued under section 1315.152 of the	695
Revised Code, the validity and appropriateness of the civil	696
penalty is not subject to review.	697

(D) No court has jurisdiction to affect, by injunction or	698
otherwise, the issuance or enforcement of an order issued under	699
section 1315.15, 1315.151, or 1315.152 of the Revised Code or to	700
review, modify, suspend, terminate, or set aside an order issued	701
under section 1315.15, 1315.151, or 1315.152 of the Revised Code,	702
except as provided in this section, in division (G) of section	703
1315.15 of the Revised Code for an order issued pursuant to	704
division (C)(3) or (4) of section 1315.15 of the Revised Code, or	705
in division (F) of section 1315.151 of the Revised Code for an	706
order issued pursuant to division (C)(3) or (4) of section	707
1315.151 of the Revised Code.	708

(E) Nothing in this section or in any other section of the	709
Revised Code or rules implementing this or any other section of	710
the Revised Code shall prohibit or limit the superintendent from	711
doing any of the following:	712

(1) Issuing orders pursuant to section 1315.15, 1315.151, or	713
1315.152 of the Revised Code;	714

(2) Individually or contemporaneously taking any other action	715
provided by law or rule with respect to a licensee or other	716
person;	717

(3) Taking any action provided by law or rule, whether alone	718
or in conjunction with another regulatory agency or authority,	719
with respect to a licensee or other person.	720

Sec. 1315.24.  (A) The superintendent of financial	721
institutions may make any investigation and conduct any hearing	722
the superintendent considers necessary to determine whether any	723
person has violated sections 1315.21 to 1315.28 of the Revised	724
Code, or has engaged in conduct that would justify the suspension,	725
revocation, or refusal of an original or renewal check-cashing	726
license.	727

(B) In making any investigation or conducting any hearing	728
pursuant to this section, the superintendent, or any person	729
designated by the superintendent, at any time may compel by	730
subpoena witnesses, may take depositions of witnesses residing	731
without the state in the manner provided for in civil actions, pay	732
any witnesses the fees and mileage for their attendance provided	733
for witnesses in civil actionsunder section 119.094 of the	734
Revised Code, and administer oaths. The superintendent also may	735
compel by order or subpoena duces tecum the production of, and	736
examine, all relevant books, records, accounts, and other	737
documents. If a person does not comply with a subpoena or subpoena	738
duces tecum, the superintendent may apply to the court of common	739
pleas of Franklin county for an order compelling the person to	740
comply with the subpoena or subpoena duces tecum or, for failure	741
to do so, an order to be held in contempt of court. If the person	742
is licensed under section 1315.23 of the Revised Code, the	743
superintendent also may suspend, revoke, or refuse an original or	744
renewal license.	745

(C) In connection with any investigation under this section,	746
the superintendent may file an action in the court of common pleas	747
of Franklin county or the court of common pleas of the county in	748
which the person who is the subject of the investigation resides,	749
or is engaging in or proposing to engage in actions in violation	750
of sections 1315.21 to 1315.28 of the Revised Code, to obtain an	751
injunction, temporary restraining order, or other appropriate	752
relief.	753

Sec. 1321.07.  At least once each year the division of	754
financial institutions shall make an examination of the business,	755
loans, books, papers, and records of each licensee so far as they	756
pertain to the licensed business, and it may make such an	757
examination more frequently if it is necessary for the proper	758
administration of sections 1321.01 to 1321.19 of the Revised Code.	759

For the purpose of discovering violations, the division may	760
at any time investigate the business and examine the books,	761
accounts, papers, and records used therein, of:	762

(A) Licensees;

763

(B) Other persons engaged in the business described in	764
section 1321.02 of the Revised Code or participating in such	765
business as principal, agent, broker, or otherwise;	766

(C) Any person whom the division has reasonable cause to	767
believe has violated, is violating, or is about to violate	768
sections 1321.01 to 1321.19 of the Revised Code, whether or not	769
the person claims to act under such sections. For the purpose of	770
this section, any person who advertises, solicits, or holds	771
himself, herself, or itselfself out as willing to make, find, or	772
arrange for another person to make loan transactions in the amount	773
or of the value of five thousand dollars or less, is presumed to	774
be engaged in the business described in the first paragraph of	775
section 1321.02 of the Revised Code.	776

For the purpose of this section, the division shall have and	777
be given free access to the offices and places of business, files,	778
safes, and vaults of all such persons, and may require the	779
attendance of, and examine under oath, any person relative to such	780
loans or such business or to the subject matter of any	781
examination, investigation, or hearing. The division may require	782
the attendance of such witnesses and the production of such books,	783
records, and papers, as may be required either by the division or	784
by any party to a hearing before the division, and for that	785
purpose may issue a subpoena for any witness or a subpoena duces	786
tecum, to compel the production of any books, records, or papers,	787
directed to the sheriff of the county where such witness resides	788
or is found, which shall be served and returned in the same manner	789
as a subpoena in criminal cases is served and returned.	790

The fees and mileage of the sheriff and witnesses shall be	791
the same as that allowed in the court of common pleas in criminal	792
cases. Witnesses shall be paid the fees and mileage provided for	793
under section 119.094 of the Revised Code. Fees and mileage shall	794
be paid from the funds of the division. No witness subpoenaed at	795
the instance of parties other than the division is entitled to	796
compensation from the state for attendance or travel unless the	797
division certifies that the witness' testimony was material to the	798
subject matter of the hearing.	799

If any person fails to file any statement or report, or fails	800
to obey any subpoena, or to give testimony, or to answer	801
questions, or to produce any books, records, documents, accounts,	802
or papers as required by the division under sections 1321.01 to	803
1321.19 of the Revised Code, any court of common pleas, upon	804
application made to it and upon proof being made of such failure,	805
may make an order awarding process of subpoena or subpoena duces	806
tecum out of the court for such witness to appear and testify	807
before the division, and may make an order that any person give	808
testimony and answer questions as required, and produce books,	809
records, documents, accounts, or papers as required. Upon filing	810
such order with the clerk of the court of common pleas, the clerk	811
shall, under the seal of the court, issue process of subpoena to	812
appear before the division at a time and place named therein, and	813
so from day to day until the examination of such person is	814
completed. The subpoena may contain a direction that such witness	815
bring to such examination any books, records, documents, accounts,	816
or papers therein mentioned, and the clerk shall issue, under the	817
seal of the court, such other or further orders in reference to	818
the examination, appearance, and production of books, records,	819
documents, accounts, or papers as the court directs. If any person	820
so summoned by subpoena issued by the clerk fails to obey the	821
subpoena or to answer any directions therein, or to give	822
testimony, or to answer questions as required, or to produce any	823
books, records, documents, accounts, or papers as required, or if	824
any such person fails to obey any order, the court, on motion	825
supported by proof, may order an attachment for contempt to be	826
issued against any person charged with disobeying any order or	827
injunction issued out of the court of common pleas under sections	828
1321.01 to 1321.19 of the Revised Code. If the person so offending	829
is brought before the court by virtue of such attachment, and if	830
upon a hearing such disobedience appears, the court may order the	831
offender to be committed and kept in close custody until the	832
further order of the court.	833

Sec. 1321.42.  (A) The superintendent of financial	834
institutions shall, in accordance with Chapter 119. of the Revised	835
Code, suspend or revoke a license issued pursuant to sections	836
1321.35 to 1321.48 of the Revised Code, if the superintendent	837
determines that either of the following applies:	838

(1) The licensee has failed to comply with any order issued	839
by the superintendent pursuant to section 1321.43 of the Revised	840
Code.	841

(2) Any fact or condition exists that if it had existed or	842
had been known to exist at the time of original or renewal	843
licensure pursuant to sections 1321.35 to 1321.48 of the Revised	844
Code, the fact or condition clearly would have warranted the	845
superintendent to refuse to issue a license pursuant to those	846
sections.	847

(B) The superintendent may make any investigation and	848
conduct any hearing the superintendent considers necessary to	849
determine whether any person has violated sections 1321.35 to	850
1321.48 of the Revised Code, or any rule or order adopted or	851
issued under section 1321.43 of the Revised Code, or has otherwise	852
engaged in conduct that would justify the suspension, revocation,	853
or refusal of an original or renewal license or the imposition of	854
a fine.	855

The superintendent may impose a monetary fine of not more	856
than one thousand dollars for each such violation.	857

(C) In making any investigation or conducting any hearing	858
pursuant to this section, the superintendent, or any person	859
designated by the superintendent, at any time may compel by	860
subpoena witnesses, may take depositions of witnesses residing	861
without the state in the manner provided for in civil actions, pay	862
any witnesses the fees and mileage for their attendance provided	863
for witnesses in civil actionsunder section 119.094 of the	864
Revised Code, and administer oaths. The superintendent also may	865
compel by order or subpoena duces tecum the production of, and	866
examine, all relevant books, records, accounts, and other	867
documents. If a person does not comply with a subpoena or	868
subpoena duces tecum, the superintendent may apply to the court	869
of common pleas of Franklin county for an order compelling the	870
person to comply with the subpoena or subpoena duces tecum or,	871
for failure to do so, an order to be held in contempt of court.	872

(D) In connection with any investigation under this section,	873
the superintendent may file an action in the court of common pleas	874
of Franklin county or the court of common pleas of the county in	875
which the person who is the subject of the investigation resides,	876
or is engaging in or proposing to engage in actions in violation	877
of sections 1321.35 to 1321.48 of the Revised Code, to obtain an	878
injunction, temporary restraining order, or other appropriate	879
relief.	880

Sec. 1509.36.  Any person claiming to be aggrieved or	881
adversely affected by an order by the chief of the division of	882
mineral resources management may appeal to the oil and gas	883
commission for an order vacating or modifying such order.	884

The person so appealing to the commission shall be known as	885
appellant and the chief shall be known as appellee. Appellant and	886
appellee shall be deemed to be parties to the appeal.	887

The appeal shall be in writing and shall set forth the order	888
complained of and the grounds upon which the appeal is based. The	889
appeal shall be filed with the commission within thirty days after	890
the date upon which appellant received notice by registered mail	891
of the making of the order complained of. Notice of the filing of	892
the appeal shall be filed with the chief within three days after	893
the appeal is filed with the commission.	894

Upon the filing of the appeal the commission promptly shall	895
fix the time and place at which the hearing on the appeal will be	896
held, and shall give the appellant and the chief at least ten	897
days' written notice thereof by mail. The commission may postpone	898
or continue any hearing upon its own motion or upon application of	899
appellant or of the chief.	900

The filing of an appeal provided for in this section does not	901
automatically suspend or stay execution of the order appealed	902
from, but upon application by the appellant the commission may	903
suspend or stay such execution pending determination of the appeal	904
upon such terms as the commission considers proper.	905

Either party to the appeal or any interested person who,	906
pursuant to commission rules has been granted permission to	907
appear, may submit such evidence as the commission considers	908
admissible.	909

For the purpose of conducting a hearing on an appeal, the	910
commission may require the attendance of witnesses and the	911
production of books, records, and papers, and it may, and at the	912
request of any party it shall, issue subpoenas for witnesses or	913
subpoenas duces tecum to compel the production of any books,	914
records, or papers, directed to the sheriffs of the counties where	915
such witnesses are found. The subpoenas shall be served and	916
returned in the same manner as subpoenas in criminal cases are	917
served and returned. The fees and mileage of sheriffs and	918
witnesses shall be the same as those allowed by the court of	919
common pleas in criminal cases. Witnesses shall be paid the fees	920
and mileage provided for under section 119.094 of the Revised	921
Code. Such fees and mileage expenses incurred at the request of	922
appellant shall be paid in advance by the appellant, and the	923
remainder of such expenses shall be paid out of funds appropriated	924
for the expenses of the division of mineral resources management.	925

In case of disobedience or neglect of any subpoena served on	926
any person, or the refusal of any witness to testify to any matter	927
regarding which the witness may be lawfully interrogated, the	928
court of common pleas of the county in which such disobedience,	929
neglect, or refusal occurs, or any judge thereof, on application	930
of the commission or any member thereof, shall compel obedience by	931
attachment proceedings for contempt as in the case of disobedience	932
of the requirements of a subpoena issued from such court or a	933
refusal to testify therein. Witnesses at such hearings shall	934
testify under oath, and any member of the commission may	935
administer oaths or affirmations to persons who so testify.	936

At the request of any party to the appeal, a stenographic	937
record of the testimony and other evidence submitted shall be	938
taken by an official court shorthand reporter at the expense of	939
the party making the request therefor. Such record shall include	940
all of the testimony and other evidence and the rulings on the	941
admissibility thereof presented at the hearing. The commission	942
shall pass upon the admissibility of evidence, but any party may	943
at the time object to the admission of any evidence and except to	944
the rulings of the commission thereon, and if the commission	945
refuses to admit evidence the party offering same may make a	946
proffer thereof, and such proffer shall be made a part of the	947
record of such hearing.	948

If upon completion of the hearing the commission finds that	949
the order appealed from was lawful and reasonable, it shall make a	950
written order affirming the order appealed from; if the commission	951
finds that the order was unreasonable or unlawful, it shall make a	952
written order vacating the order appealed from and making the	953
order that it finds the chief should have made. Every order made	954
by the commission shall contain a written finding by the	955
commission of the facts upon which the order is based.	956

Notice of the making of the order shall be given forthwith to	957
each party to the appeal by mailing a certified copy thereof to	958
each such party by certified mail.	959

The order of the commission is final unless vacated by the	960
court of common pleas of Franklin county in an appeal as provided	961
for in section 1509.37 of the Revised Code. Sections 1509.01 to	962
1509.37 of the Revised Code, providing for appeals relating to	963
orders by the chief or by the commission, or relating to rules	964
adopted by the chief, do not constitute the exclusive procedure	965
that any person who believes the person's rights to be unlawfully	966
affected by those sections or any official action taken thereunder	967
must pursue in order to protect and preserve those rights, nor do	968
those sections constitute a procedure that that person must pursue	969
before that person may lawfully appeal to the courts to protect	970
and preserve those rights.	971

Sec. 1513.131.  For the purpose of conducting any public	972
adjudicatory hearing under this chapter, the chief, or the	973
reclamation commission may require the attendance of witnesses and	974
the production of books, records, and papers, and may, and at the	975
request of any party, shall issue subpoenas for witnesses or	976
subpoenas duces tecum to compel the production of any books,	977
records, papers, or other material relevant to the inquiry,	978
directed to the sheriff of the counties where the witnesses or	979
materials are found, which subpoenas shall be served and returned	980
in the same manner as subpoenas issued by courts of common pleas	981
are served and returned. The fees and mileage of sheriffs and	982
witnesses shall be the same as those allowed by the court of	983
common pleas in criminal cases. Witnesses shall be paid the fees	984
and mileage provided for under section 119.094 of the Revised	985
Code.	986

In cases of disobedience or neglect of any subpoena served on	987
any person or the refusal of any witness to testify to any matter	988
regarding which the witness may lawfully be interrogated, the	989
court of common pleas of the county in which such disobedience,	990
neglect, or refusal occurs, or any judge thereof, on application	991
of the chief or the commission or any member thereof, shall compel	992
obedience by attachment procedures for contempt as in the case of	993
disobedience of the requirements of a subpoena issued from the	994
court or a refusal to testify therein.	995

A witness at any hearing shall testify under oath or	996
affirmation, which the chief or any member of the commission may	997
administer.	998

Hearing officers designated by the commission shall have the	999
same powers and authority in conducting the hearings as granted to	1000
the commission. Whenever a hearing officer conducts a hearing, the	1001
officer shall prepare a report setting forth the hearing officer's	1002
findings of fact and conclusions of law and a recommendation of	1003
the action to be taken by the commission. The hearing officer	1004
shall file the report with the secretary of the commission and	1005
shall mail a copy by certified mail to the parties. A party may,	1006
within fourteen days after receipt of the report, serve and file	1007
written objections to the hearing officer's report with the	1008
secretary of the commission. Objections shall be specific and	1009
state with particularity the grounds therefor. Upon consideration	1010
of the objections, the commission may adopt, reject, or modify the	1011
report; hear additional evidence; return the report to the hearing	1012
officer with instructions; or hear the matter itself.	1013

Sec. 1571.10.  (A) The gas storage well inspector or any	1014
person having a direct interest in the administration of this	1015
chapter may at any time file with the division of mineral	1016
resources management a written request that a conference be held	1017
for the purpose of discussing and endeavoring to resolve by mutual	1018
agreement any question or issue relating to the administration of	1019
this chapter, or to compliance with its provisions, or to any	1020
violation thereof. Such request shall describe the matter	1021
concerning which the conference is requested. Thereupon the gas	1022
storage well inspector shall promptly fix the time and place for	1023
the holding of such conference and shall send written notice	1024
thereof to each person having a direct interest therein. At such	1025
conference the gas storage well inspector or a representative of	1026
the division designated by the gas storage well inspector shall be	1027
in attendance, and shall preside at the conference, and the gas	1028
storage well inspector or designated representative may make such	1029
recommendations as the gas storage well inspector or designated	1030
representative deems proper. Any agreement reached at such	1031
conference shall be consistent with the requirements of this	1032
chapter and, if approved by the gas storage well inspector, it	1033
shall be reduced to writing and shall be effective. Any such	1034
agreement approved by the gas storage well inspector shall be kept	1035
on file in the division and a copy thereof shall be furnished to	1036
each of the persons having a direct interest therein. The	1037
conference shall be deemed terminated as of the date an approved	1038
agreement is reached or when any person having a direct interest	1039
therein refuses to confer thereafter. Such a conference shall be	1040
held in all cases prior to the holding of a hearing as provided in	1041
this section.	1042

(B) Within ten days after the termination of a conference at	1043
which no approved agreement is reached, any person who	1044
participated in such conference and who has a direct interest in	1045
the subject matter thereof, or the gas storage well inspector, may	1046
file with the chief of the division of mineral resources	1047
management a request that the chief hear and determine the matter	1048
or matters, or any part thereof considered at the conference.	1049
Thereupon the chief shall promptly fix the time and place for the	1050
holding of such hearing and shall send written notice thereof to	1051
each person having a direct interest therein. The form of the	1052
request for such hearing and the conduct of the hearing shall be	1053
in accordance with rules that the chief adopts under section	1054
1571.11 of the Revised Code. Consistent with the requirement for	1055
reasonable notice each such hearing shall be held promptly after	1056
the filing of the request therefor. Any person having a direct	1057
interest in the matter to be heard shall be entitled to appear and	1058
be heard in person or by attorney. The division may present at	1059
such hearing any evidence that is material to the matter being	1060
heard and that has come to the division's attention in any	1061
investigation or inspection made pursuant to this chapter.	1062

(C) For the purpose of conducting such a hearing the chief	1063
may require the attendance of witnesses and the production of	1064
books, records, and papers, and the chief may, and at the request	1065
of any person having a direct interest in the matter being heard,	1066
the chief shall, issue subpoenas for witnesses or subpoenas duces	1067
tecum to compel the production of any books, records, or papers,	1068
directed to the sheriffs of the counties where such witnesses are	1069
found, which subpoenas shall be served and returned in the same	1070
manner as subpoenas in criminal cases are served and returned. The	1071
fees and mileage of sheriffs and witnesses shall be the same as	1072
those allowed by the court of common pleas in criminal cases.	1073
Witnesses shall be paid the fees and mileage provided for under	1074
section 119.094 of the Revised Code. Such fee and mileage expenses	1075
shall be paid in advance by the persons at whose request they are	1076
incurred, and the remainder of such expenses shall be paid out of	1077
funds appropriated for the expenses of the division.	1078

In case of disobedience or neglect of any subpoena served on	1079
any person, or the refusal of any witness to testify to any matter	1080
regarding which the witness may be lawfully interrogated, the	1081
court of common pleas of the county in which such disobedience,	1082
neglect, or refusal occurs, or any judge thereof, on application	1083
of the chief, shall compel obedience by attachment proceedings for	1084
contempt as in the case of disobedience of the requirements of a	1085
subpoena issued from such court or a refusal to testify therein.	1086
Witnesses at such hearings shall testify under oath, and the chief	1087
may administer oaths or affirmations to persons who so testify.	1088

(D) With the consent of the chief, the testimony of any	1089
witness may be taken by deposition at the instance of a party to	1090
any hearing before the chief at any time after hearing has been	1091
formally commenced. The chief may, of the chief's own motion,	1092
order testimony to be taken by deposition at any stage in any	1093
hearing, proceeding, or investigation pending before the chief.	1094
Such deposition shall be taken in the manner prescribed by the	1095
laws of this state for taking depositions in civil cases in courts	1096
of record.	1097

(E) After the conclusion of a hearing the chief shall make a	1098
determination and finding of facts. Every adjudication,	1099
determination, or finding by the chief shall be made by written	1100
order and shall contain a written finding by the chief of the	1101
facts upon which the adjudication, determination, or finding is	1102
based. Notice of the making of such order shall be given to the	1103
persons whose rights, duties, or privileges are affected thereby,	1104
by sending a certified copy thereof by registered mail to each of	1105
such persons.	1106

Adjudications, determinations, findings, and orders made by	1107
the chief shall not be governed by, or be subject to, Chapter 119.	1108
of the Revised Code.	1109

Sec. 1571.14.  Any person claiming to be aggrieved or	1110
adversely affected by an order of the chief of the division of	1111
mineral resources management made as provided in section 1571.10	1112
or 1571.16 of the Revised Code may appeal to the director of	1113
natural resources for an order vacating or modifying such order.	1114
Upon receipt of the appeal, the director shall appoint an	1115
individual who has knowledge of the laws and rules regarding the	1116
underground storage of gas and who shall act as a hearing officer	1117
in accordance with Chapter 119. of the Revised Code in hearing the	1118
appeal.	1119

The person appealing to the director shall be known as	1120
appellant and the chief shall be known as appellee. The appellant	1121
and the appellee shall be deemed parties to the appeal.	1122

The appeal shall be in writing and shall set forth the order	1123
complained of and the grounds upon which the appeal is based. The	1124
appeal shall be filed with the director within thirty days after	1125
the date upon which appellant received notice by registered mail	1126
of the making of the order complained of, as required by section	1127
1571.10 of the Revised Code. Notice of the filing of such appeal	1128
shall be delivered by appellant to the chief within three days	1129
after the appeal is filed with the director.	1130

Within seven days after receipt of the notice of appeal the	1131
chief shall prepare and certify to the director at the expense of	1132
appellant a complete transcript of the proceedings out of which	1133
the appeal arises, including a transcript of the testimony	1134
submitted to the chief.	1135

Upon the filing of the appeal the director shall fix the time	1136
and place at which the hearing on the appeal will be held, and	1137
shall give appellant and the chief at least ten days' written	1138
notice thereof by mail. The director may postpone or continue any	1139
hearing upon the director's own motion or upon application of	1140
appellant or of the chief.	1141

The filing of an appeal provided for in this section does not	1142
automatically suspend or stay execution of the order appealed	1143
from, but upon application by the appellant the director may	1144
suspend or stay such execution pending determination of the appeal	1145
upon such terms as the director deems proper.	1146

The hearing officer appointed by the director shall hear the	1147
appeal de novo, and either party to the appeal may submit such	1148
evidence as the hearing officer deems admissible.	1149

For the purpose of conducting a hearing on an appeal, the	1150
hearing officer may require the attendance of witnesses and the	1151
production of books, records, and papers, and may, and at the	1152
request of any party shall, issue subpoenas for witnesses or	1153
subpoenas duces tecum to compel the production of any books,	1154
records, or papers, directed to the sheriffs of the counties where	1155
such witnesses are found, which subpoenas shall be served and	1156
returned in the same manner as subpoenas in criminal cases are	1157
served and returned. The fees and mileage of sheriffs and	1158
witnesses shall be the same as those allowed by the court of	1159
common pleas in criminal cases. Witnesses shall be paid the fees	1160
and mileage provided for under section 119.094 of the Revised	1161
Code. Such fee and mileage expenses incurred at the request of	1162
appellant shall be paid in advance by appellant, and the remainder	1163
of such expenses shall be paid out of funds appropriated for the	1164
expenses of the division of mineral resources management.	1165

In case of disobedience or neglect of any subpoena served on	1166
any person, or the refusal of any witness to testify to any matter	1167
regarding which the witness may be lawfully interrogated, the	1168
court of common pleas of the county in which such disobedience,	1169
neglect, or refusal occurs, or any judge thereof, on application	1170
of the director, shall compel obedience by attachment proceedings	1171
for contempt as in the case of disobedience of the requirements of	1172
a subpoena issued from such court or a refusal to testify therein.	1173
Witnesses at such hearings shall testify under oath, and the	1174
hearing officer may administer oaths or affirmations to persons	1175
who so testify.	1176

At the request of any party to the appeal, a stenographic	1177
record of the testimony and other evidence submitted shall be	1178
taken by an official court shorthand reporter at the expense of	1179
the party making the request therefor. The record shall include	1180
all of the testimony and other evidence and the rulings on the	1181
admissibility thereof presented at the hearing. The hearing	1182
officer shall pass upon the admissibility of evidence, but any	1183
party may at the time object to the admission of any evidence and	1184
except to the ruling of the hearing officer thereon, and if the	1185
hearing officer refuses to admit evidence, the party offering same	1186
may make a proffer thereof, and such proffer shall be made a part	1187
of the record of such hearing.	1188

If upon completion of the hearing the hearing officer finds	1189
that the order appealed from was lawful and reasonable, the	1190
hearing officer shall make a written order affirming the order	1191
appealed from. If the hearing officer finds that such order was	1192
unreasonable or unlawful, the hearing officer shall make a written	1193
order vacating the order appealed from and making the order that	1194
it finds the chief should have made. Every order made by the	1195
hearing officer shall contain a written finding by the hearing	1196
officer of the facts upon which the order is based. Notice of the	1197
making of such order shall be given forthwith to each party to the	1198
appeal by mailing a certified copy thereof to each such party by	1199
registered mail.	1200

Sec. 1707.23.  Whenever it appears to the division of	1201
securities, from its files, upon complaint, or otherwise, that any	1202
person has engaged in, is engaged in, or is about to engage in any	1203
practice declared to be illegal or prohibited by this chapter or	1204
rules adopted under this chapter by the division, or defined as	1205
fraudulent in this chapter or rules adopted under this chapter by	1206
the division, or any other deceptive scheme or practice in	1207
connection with the sale of securities, or acting as a dealer, a	1208
salesperson, an investment adviser, investment adviser	1209
representative, bureau of workers' compensation chief investment	1210
officer, or state retirement system investment officer or when the	1211
division believes it to be in the best interests of the public and	1212
necessary for the protection of investors, the division may do any	1213
of the following:	1214

(A) Require any person to file with it, on such forms as it	1215
prescribes, an original or additional statement or report in	1216
writing, under oath or otherwise, as to any facts or circumstances	1217
concerning the issuance, sale, or offer for sale of securities	1218
within this state by the person, as to the person's acts or	1219
practices as a dealer, a salesperson, an investment adviser,	1220
investment adviser representative, bureau of workers' compensation	1221
chief investment officer, or state retirement system investment	1222
officer within this state, and as to other information as it deems	1223
material or relevant thereto;	1224

(B) Examine any investment adviser, investment adviser	1225
representative, state retirement system investment officer, bureau	1226
of workers' compensation chief investment officer, or any seller,	1227
dealer, salesperson, or issuer of any securities, and any of their	1228
agents, employees, partners, officers, directors, members, or	1229
shareholders, wherever located, under oath; and examine and	1230
produce records, books, documents, accounts, and papers as the	1231
division deems material or relevant to the inquiry;	1232

(C) Require the attendance of witnesses, and the production	1233
of books, records, and papers, as are required either by the	1234
division or by any party to a hearing before the division, and for	1235
that purpose issue a subpoena for any witness, or a subpoena duces	1236
tecum to compel the production of any books, records, or papers.	1237
The subpoena shall be served by personal service or by certified	1238
mail, return receipt requested. If the subpoena is returned	1239
because of inability to deliver, or if no return is received	1240
within thirty days of the date of mailing, the subpoena may be	1241
served by ordinary mail. If no return of ordinary mail is received	1242
within thirty days after the date of mailing, service shall be	1243
deemed to have been made. If the subpoena is returned because of	1244
inability to deliver, the division may designate a person or	1245
persons to effect either personal or residence service upon the	1246
witness. The person designated to effect personal or residence	1247
service under this division may be the sheriff of the county in	1248
which the witness resides or may be found or any other duly	1249
designated person. The fees and mileage of the person serving the	1250
subpoena shall be the same as those allowed by the courts of	1251
common pleas in criminal cases, and shall be paid from the funds	1252
of the division. Fees and mileage for the witness shall be the	1253
same as those allowed for witnesses by the courts of common pleas	1254
in criminal casesdetermined under section 119.094 of the Revised	1255
Code, and shall be paid from the funds of the division upon	1256
request of the witness following the hearing.	1257

(D) Initiate criminal proceedings under section 1707.042 or	1258
1707.44 of the Revised Code or rules adopted under those sections	1259
by the division by laying before the prosecuting attorney of the	1260
proper county any evidence of criminality which comes to its	1261
knowledge; and in the event of the neglect or refusal of the	1262
prosecuting attorney to prosecute such violations, or at the	1263
request of the prosecuting attorney, the division shall submit the	1264
evidence to the attorney general, who may proceed in the	1265
prosecution with all the rights, privileges, and powers conferred	1266
by law on prosecuting attorneys, including the power to appear	1267
before grand juries and to interrogate witnesses before such grand	1268
juries.	1269

(E) Require any dealers immediately to furnish to the	1270
division copies of prospectuses, circulars, or advertisements	1271
respecting securities that they publish or generally distribute,	1272
or require any investment advisers immediately to furnish to the	1273
division copies of brochures, advertisements, publications,	1274
analyses, reports, or other writings that they publish or	1275
distribute;	1276

(F) Require any dealers to mail to the division, prior to	1277
sale, notices of intention to sell, in respect to all securities	1278
which are not exempt under section 1707.02 of the Revised Code, or	1279
which are sold in transactions not exempt under section 1707.03 or	1280
1707.04 of the Revised Code;	1281

(G) Issue and cause to be served by certified mail upon all	1282
persons affected an order requiring the person or persons to cease	1283
and desist from the acts or practices appearing to the division to	1284
constitute violations of this chapter or rules adopted under this	1285
chapter by the division. The order shall state specifically the	1286
section or sections of this chapter or the rule or rules adopted	1287
under this chapter by the division that appear to the division to	1288
have been violated and the facts constituting the violation. If	1289
after the issuance of the order it appears to the division that	1290
any person or persons affected by the order have engaged in any	1291
act or practice from which the person or persons shall have been	1292
required, by the order, to cease and desist, the director of	1293
commerce may apply to the court of common pleas of any county for,	1294
and upon proof of the validity of the order of the division, the	1295
delivery of the order to the person or persons affected, and of	1296
the illegality and the continuation of the acts or practices that	1297
are the subject of the order, the court may grant an injunction	1298
implementing the order of the division.	1299

(H) Issue and initiate contempt proceedings in this state	1300
regarding subpoenas and subpoenas duces tecum at the request of	1301
the securities administrator of another state, if it appears to	1302
the division that the activities for which the information is	1303
sought would violate this chapter if the activities had occurred	1304
in this state.	1305

(I) The remedies provided by this section are cumulative and	1306
concurrent with any other remedy provided in this chapter, and the	1307
exercise of one remedy does not preclude or require the exercise	1308
of any other remedy.	1309

Sec. 1901.26.  (A) Subject to division (E) of this section,	1310
costs in a municipal court shall be fixed and taxed as follows:	1311

(1)(a) The municipal court shall require an advance deposit	1312
for the filing of any new civil action or proceeding when required	1313
by division (C) of this section, and in all other cases, by rule,	1314
shall establish a schedule of fees and costs to be taxed in any	1315
civil or criminal action or proceeding.	1316

(b)(i) The legislative authority of a municipal corporation	1317
may by ordinance establish a schedule of fees to be taxed as costs	1318
in any civil, criminal, or traffic action or proceeding in a	1319
municipal court for the performance by officers or other employees	1320
of the municipal corporation's police department or marshal's	1321
office of any of the services specified in sections 311.17 and	1322
509.15 of the Revised Code. No fee in the schedule shall be higher	1323
than the fee specified in section 311.17 of the Revised Code for	1324
the performance of the same service by the sheriff. If a fee	1325
established in the schedule conflicts with a fee for the same	1326
service established in another section of the Revised Code or a	1327
rule of court, the fee established in the other section of the	1328
Revised Code or the rule of court shall apply.	1329

(ii) When an officer or employee of a municipal police	1330
department or marshal's office performs in a civil, criminal, or	1331
traffic action or proceeding in a municipal court a service	1332
specified in section 311.17 or 509.15 of the Revised Code for	1333
which a taxable fee has been established under this or any other	1334
section of the Revised Code, the applicable legal fees and any	1335
other extraordinary expenses, including overtime, provided for the	1336
service shall be taxed as costs in the case. The clerk of the	1337
court shall pay those legal fees and other expenses, when	1338
collected, into the general fund of the municipal corporation that	1339
employs the officer or employee.	1340

(iii) If a bailiff of a municipal court performs in a civil,	1341
criminal, or traffic action or proceeding in that court a service	1342
specified in section 311.17 or 509.15 of the Revised Code for	1343
which a taxable fee has been established under this section or any	1344
other section of the Revised Code, the fee for the service is the	1345
same and is taxable to the same extent as if the service had been	1346
performed by an officer or employee of the police department or	1347
marshal's office of the municipal corporation in which the court	1348
is located. The clerk of that court shall pay the fee, when	1349
collected, into the general fund of the entity or entities that	1350
fund the bailiff's salary, in the same pro-ratedprorated amount	1351
as the salary is funded.	1352

(iv) Division (A)(1)(b) of this section does not authorize or	1353
require any officer or employee of a police department or	1354
marshal's office of a municipal corporation or any bailiff of a	1355
municipal court to perform any service not otherwise authorized by	1356
law.	1357

(2) The municipal court, by rule, may require an advance	1358
deposit for the filing of any civil action or proceeding and	1359
publication fees as provided in section 2701.09 of the Revised	1360
Code. The court may waive the requirement for advance deposit upon	1361
affidavit or other evidence that a party is unable to make the	1362
required deposit.	1363

(3) When a jury trial is demanded in any civil action or	1364
proceeding, the party making the demand may be required to make an	1365
advance deposit as fixed by rule of court, unless, upon affidavit	1366
or other evidence, the court concludes that the party is unable to	1367
make the required deposit. If a jury is called, the fees of a jury	1368
shall be taxed as costs.	1369

(4) In any civil or criminal action or proceeding, witnesses'	1370
fees shall be fixed in accordance with sections 2335.06 and	1371
2335.08 of the Revised Codeeach witness shall receive twelve	1372
dollars for each full day's attendance and six dollars for each	1373
half day's attendance. Each witness in a municipal court that is	1374
not a county-operated municipal court also shall receive fifty and	1375
one-half cents for each mile necessarily traveled to and from the	1376
witness's place of residence to the action or proceeding.	1377

(5) A reasonable charge for driving, towing, carting,	1378
storing, keeping, and preserving motor vehicles and other personal	1379
property recovered or seized in any proceeding may be taxed as	1380
part of the costs in a trial of the cause, in an amount that shall	1381
be fixed by rule of court.	1382

(6) Chattel property seized under any writ or process issued	1383
by the court shall be preserved pending final disposition for the	1384
benefit of all persons interested and may be placed in storage	1385
when necessary or proper for that preservation. The custodian of	1386
any chattel property so stored shall not be required to part with	1387
the possession of the property until a reasonable charge, to be	1388
fixed by the court, is paid.	1389

(7) The municipal court, as it determines, may refund all	1390
deposits and advance payments of fees and costs, including those	1391
for jurors and summoning jurors, when they have been paid by the	1392
losing party.	1393

(8) Charges for the publication of legal notices required by	1394
statute or order of court may be taxed as part of the costs, as	1395
provided by section 7.13 of the Revised Code.	1396

(B)(1) The municipal court may determine that, for the	1397
efficient operation of the court, additional funds are necessary	1398
to acquire and pay for special projects of the court including,	1399
but not limited to, the acquisition of additional facilities or	1400
the rehabilitation of existing facilities, the acquisition of	1401
equipment, the hiring and training of staff, community service	1402
programs, mediation or dispute resolution services, the employment	1403
of magistrates, the training and education of judges, acting	1404
judges, and magistrates, and other related services. Upon that	1405
determination, the court by rule may charge a fee, in addition to	1406
all other court costs, on the filing of each criminal cause, civil	1407
action or proceeding, or judgment by confession.	1408

If the municipal court offers a special program or service in	1409
cases of a specific type, the municipal court by rule may assess	1410
an additional charge in a case of that type, over and above court	1411
costs, to cover the special program or service. The municipal	1412
court shall adjust the special assessment periodically, but not	1413
retroactively, so that the amount assessed in those cases does not	1414
exceed the actual cost of providing the service or program.	1415

All moneys collected under division (B) of this section shall	1416
be paid to the county treasurer if the court is a county-operated	1417
municipal court or to the city treasurer if the court is not a	1418
county-operated municipal court for deposit into either a general	1419
special projects fund or a fund established for a specific special	1420
project. Moneys from a fund of that nature shall be disbursed upon	1421
an order of the court in an amount no greater than the actual cost	1422
to the court of a project. If a specific fund is terminated	1423
because of the discontinuance of a program or service established	1424
under division (B) of this section, the municipal court may order	1425
that moneys remaining in the fund be transferred to an account	1426
established under this division for a similar purpose.	1427

(2) As used in division (B) of this section:

1428

(a) "Criminal cause" means a charge alleging the violation of	1429
a statute or ordinance, or subsection of a statute or ordinance,	1430
that requires a separate finding of fact or a separate plea before	1431
disposition and of which the defendant may be found guilty,	1432
whether filed as part of a multiple charge on a single summons,	1433
citation, or complaint or as a separate charge on a single	1434
summons, citation, or complaint. "Criminal cause" does not include	1435
separate violations of the same statute or ordinance, or	1436
subsection of the same statute or ordinance, unless each charge is	1437
filed on a separate summons, citation, or complaint.	1438

(b) "Civil action or proceeding" means any civil litigation	1439
that must be determined by judgment entry.	1440

(C) The municipal court shall collect in all its divisions	1441
except the small claims division the sum of twenty-six dollars as	1442
additional filing fees in each new civil action or proceeding for	1443
the charitable public purpose of providing financial assistance to	1444
legal aid societies that operate within the state and to support	1445
the office of the state public defender. The municipal court shall	1446
collect in its small claims division the sum of eleven dollars as	1447
additional filing fees in each new civil action or proceeding for	1448
the charitable public purpose of providing financial assistance to	1449
legal aid societies that operate within the state and to support	1450
the office of the state public defender. This division does not	1451
apply to any execution on a judgment, proceeding in aid of	1452
execution, or other post-judgment proceeding arising out of a	1453
civil action. The filing fees required to be collected under this	1454
division shall be in addition to any other court costs imposed in	1455
the action or proceeding and shall be collected at the time of the	1456
filing of the action or proceeding. The court shall not waive the	1457
payment of the additional filing fees in a new civil action or	1458
proceeding unless the court waives the advanced payment of all	1459
filing fees in the action or proceeding. All such moneys collected	1460
during a month shall be transmitted on or before the twentieth day	1461
of the following month by the clerk of the court to the treasurer	1462
of state in a manner prescribed by the treasurer of state or by	1463
the Ohio legal assistance foundation. The treasurer of state shall	1464
deposit four per cent of the funds collected under this division	1465
to the credit of the civil case filing fee fund established under	1466
section 120.07 of the Revised Code and ninety-six per cent of the	1467
funds collected under this division to the credit of the legal aid	1468
fund established under section 120.52 of the Revised Code.	1469

The court may retain up to one per cent of the moneys it	1470
collects under this division to cover administrative costs,	1471
including the hiring of any additional personnel necessary to	1472
implement this division.	1473

(D) In the Cleveland municipal court, reasonable charges for	1474
investigating titles of real estate to be sold or disposed of	1475
under any writ or process of the court may be taxed as part of the	1476
costs.	1477

(E) Under the circumstances described in sections 2969.21 to	1478
2969.27 of the Revised Code, the clerk of the municipal court	1479
shall charge the fees and perform the other duties specified in	1480
those sections.	1481

(F) As used in this section:

1482

(1) "Full day's attendance" means a day on which a witness is	1483
required or requested to be present at an action or proceeding	1484
before and after twelve noon, regardless of whether the witness	1485
actually testifies.	1486

(2) "Half day's attendance" means a day on which a witness is	1487
required or requested to be present at an action or proceeding	1488
either before or after twelve noon, but not both, regardless of	1489
whether the witness actually testifies.	1490

Sec. 1905.26.  In cases for the violation of ordinances, the	1491
fees of witnesses shall be paid, on the certificate of the officer	1492
presiding at the trial, from the treasury of the municipal	1493
corporation. Witnesses shall be paid the fees and mileage provided	1494
for under section 1901.26 of the Revised Code.	1495

Sec. 2335.06.  Each witness in civil cases shall receive the	1496
following fees:	1497

(A) Twelve dollars for each full day's attendance and six	1498
dollars for each half day's attendance at a court of record,	1499
mayor's court, or before a person authorized to take depositions,	1500
to be taxed in the bill of costs. Each witness shall also receive	1501
ten centsreimbursement for each mile necessarily traveled to and	1502
from histhe witness's place of residence to the place of giving	1503
his testimony, to be taxed in the bill of costs. The board of	1504
county commissioners of each county shall set the reimbursement	1505
rate for each mile necessarily traveled by a witness in a civil	1506
case in the common pleas court, any division of the common pleas	1507
court, a county court, or a county-operated municipal court. The	1508
rate shall not exceed fifty and one-half cents for each mile.	1509

(B) For attending a coroner's inquest, the same fees and	1510
mileage provided by division (A) of this section, payable from the	1511
county treasury on the certificate of the coroner.	1512

(C) As used in this section, "full day's attendance" means a	1513
day on which a witness is required or requested to be present at	1514
proceedings before and after twelve noon regardless of whether he	1515
the witness actually testifies; "half day's attendance" means a	1516
day on which a witness is required or requested to be present at	1517
proceedings either before or after twelve noon, but not both,	1518
regardless of whether hethe witness actually testifies.	1519

Sec. 2335.08.  Each witness attending, under recognizance or	1520
subpoena issued by order of the prosecuting attorney or defendant,	1521
before the grand jury or any court of recordthe common pleas	1522
court, any division of the common pleas court, a county court, or	1523
a county-operated municipal court, in criminal causes, shall be	1524
allowed the same fees as provided by section 2335.06 of the	1525
Revised Code in civil causes, to be taxed in only one cause when	1526
such witness is attending in more causes than one on the same	1527
days, unless otherwise directed by special order of the court.	1528
When certified to the county auditor by the clerk of the court,	1529
such fees shall be paid from the county treasury, and except as to	1530
the grand jury, taxed in the bill of costs. Each witness attending	1531
before a judge of a county court, magistrate, or mayor, under	1532
subpoena in criminal cases, shall be allowed the fees provided by	1533
such section for witnesses in the court of common pleas. In state	1534
cases such fees shall be paid out of the county treasury, and in	1535
ordinance cases they shall be paid out of the treasury of the	1536
municipal corporation, upon the certificates of the judge or	1537
magistrate, and they shall be taxed in the bill of costs.	1538

When the fees enumerated by this section have been collected	1539
from the judgment debtor, they shall be paid to the public	1540
treasury from which such fees were advanced.	1541

Sec. 2743.06.  Any witness subpoenaed or whose deposition is	1542
taken shall receive the same fees and mileage set forth inas	1543
witnesses are provided under section 2335.06119.094 of the	1544
Revised Code. The party at whose instance the witness appears or	1545
the deposition is taken shall pay the fees and mileage, except	1546
that the state may not pay the fees to its own employees.	1547

Sec. 2743.65.  (A) The attorney general shall determine, and	1548
the state shall pay, in accordance with this section attorney's	1549
fees, commensurate with services rendered, to the attorney	1550
representing a claimant under sections 2743.51 to 2743.72 of the	1551
Revised Code. The attorney shall submit on an application form an	1552
itemized fee bill at the rate of sixty dollars per hour upon	1553
receipt of the final decision on the claim. Attorney's fees paid	1554
pursuant to this section are subject to the following maximum	1555
amounts:	1556

(1) A maximum of seven hundred twenty dollars for claims	1557
resolved without the filing of an appeal to the panel of	1558
commissioners;	1559

(2) A maximum of one thousand twenty dollars for claims in	1560
which an appeal to the panel of commissioners is filed plus, at	1561
the request of an attorney whose main office is not in Franklin	1562
county, Delaware county, Licking county, Fairfield county,	1563
Pickaway county, Madison county, or Union county, an amount for	1564
the attorney's travel time to attend the oral hearing before the	1565
panel of commissioners at the rate of thirty dollars per hour;	1566

(3) A maximum of one thousand three hundred twenty dollars	1567
for claims in which an appeal to a judge of the court of claims is	1568
filed plus, at the request of an attorney whose main office is not	1569
in Franklin county, Delaware county, Licking county, Fairfield	1570
county, Pickaway county, Madison county, or Union county, an	1571
amount for the attorney's travel time to attend the oral hearing	1572
before the judge at the rate of thirty dollars per hour;	1573

(4) A maximum of seven hundred twenty dollars for a	1574
supplemental reparations application;	1575

(5) A maximum of two hundred dollars if the claim is denied	1576
on the basis of a claimant's or victim's conviction of a felony	1577
offense prior to the filing of the claim. If the claimant or	1578
victim is convicted of a felony offense during the pendency of the	1579
claim, the two hundred dollars maximum does not apply. If the	1580
attorney had knowledge of the claimant's or victim's felony	1581
conviction prior to the filing of the application for the claim,	1582
the attorney general may determine that the filing of the claim	1583
was frivolous and may deny attorney's fees.	1584

(B) The attorney general may determine that an attorney be	1585
reimbursed for fees incurred in the creation of a guardianship if	1586
the guardianship is required in order for an individual to receive	1587
an award of reparations, and those fees shall be reimbursed at a	1588
rate of sixty dollars per hour.	1589

(C)(1) The attorney general shall forward an application form	1590
for attorney's fees to a claimant's attorney before or when the	1591
final decision on a claim is rendered. The application form for	1592
attorney's fees shall do all of the following:	1593

(a) Inform the attorney of the requirements of this section;

1594

(b) Require a verification statement comporting with the law	1595
prohibiting falsification;	1596

(c) Require an itemized fee statement;

1597

(d) Require a verification statement that the claimant was	1598
served a copy of the completed application form;	1599

(e) Include notice that the claimant may oppose the	1600
application by notifying the attorney general in writing within	1601
ten days.	1602

(2) The attorney general shall forward a copy of this section	1603
to the attorney with the application form for attorney's fees. The	1604
attorney shall file the application form with the attorney	1605
general. The attorney general's decision with respect to an award	1606
of attorney's fees is final ten days after the attorney general	1607
renders the decision and mails a copy of the decision to the	1608
attorney at the address provided by the attorney. The attorney may	1609
request reconsideration of the decision on grounds that it is	1610
insufficient or calculated incorrectly. The attorney general's	1611
decision on the request for reconsideration is final.	1612

(D) The attorney general shall review all application forms	1613
for attorney's fees that are submitted by a claimant's attorney	1614
and shall issue an order approving the amount of fees to be paid	1615
to the attorney within sixty days after receipt of the application	1616
form.	1617

(E) No attorney's fees shall be paid for the following:

1618

(1) Estate work or representation of a claimant against a	1619
collateral source;	1620

(2) Duplication of investigative work required to be	1621
performed by the attorney general;	1622

(3) Performance of unnecessary criminal investigation of the	1623
offense;	1624

(4) Presenting or appealing an issue that has been repeatedly	1625
ruled upon by the highest appellate authority, unless a unique set	1626
of facts or unique issue of law exists that distinguishes it;	1627

(5) A fee request that is unreasonable, is not commensurate	1628
with services rendered, violates the Ohio code of professional	1629
responsibility, or is based upon services that are determined to	1630
be frivolous.	1631

(F)(1) The attorney general may reduce or deny the payment of	1632
attorney's fees to an attorney who has filed a frivolous claim.	1633
Subject to division (A)(5) of this section, the denial of a claim	1634
on the basis of a felony conviction, felony conduct, or	1635
contributory misconduct does not constitute a frivolous claim.	1636

(2) As used in this section, "frivolous claim" means a claim	1637
in which there is clearly no legal grounds under the existing laws	1638
of this state to support the filing of a claim on behalf of the	1639
claimant or victim.	1640

(G) The attorney general may determine that a lesser number	1641
of hours should have been required in a given case. Additional	1642
reimbursement may be made where the attorney demonstrates to the	1643
attorney general that the nature of the particular claim required	1644
the expenditure of an amount in excess of that allowed.	1645

(H) No attorney shall receive payment under this section for	1646
assisting a claimant with an application for an award of	1647
reparations under sections 2743.51 to 2743.72 of the Revised Code	1648
if that attorney's fees have been allowed as an expense in	1649
accordance with division (F)(4) of section 2743.51 of the Revised	1650
Code.	1651

(I) A contract or other agreement between an attorney and any	1652
person that provides for the payment of attorney's fees or other	1653
payments in excess of the attorney's fees allowed under this	1654
section for representing a claimant under sections 2743.51 to	1655
2743.72 of the Revised Code shall be void and unenforceable.	1656

(J) Each witness who appears in a hearing on a claim for an	1657
award of reparations shall receive compensation in an amount equal	1658
to that received by witnesses in civil cases as provided inunder	1659
section 2335.06119.094 of the Revised Code.	1660

Sec. 3333.30. The chancellor of the Ohio board of regents	1661
may enter into an agreement with private entities to provide	1662
log-in access or an internet link to free career information for	1663
students via the web site maintained by the chancellor. A log-in	1664
access or internet link authorized under this section shall not	1665
be considered an advertisement, endorsement, or sponsorship for	1666
purposes of the regulation of state-controlled web sites under	1667
any section of the Revised Code, any rule of the Administrative	1668
Code, or any other policy or directive adopted or issued by the	1669
office of information technology or any other state agency.	1670

Sec. 3745.05.  In hearing the appeal, if an adjudication	1671
hearing was conducted by the director of environmental protection	1672
in accordance with sections 119.09 and 119.10 of the Revised Code	1673
or conducted by a board of health, the environmental review	1674
appeals commission is confined to the record as certified to it by	1675
the director or the board of health, as applicable. The commission	1676
may grant a request for the admission of additional evidence when	1677
satisfied that such additional evidence is newly discovered and	1678
could not with reasonable diligence have been ascertained prior to	1679
the hearing before the director or the board, as applicable. If no	1680
adjudication hearing was conducted in accordance with sections	1681
119.09 and 119.10 of the Revised Code or conducted by a board of	1682
health, the commission shall conduct a hearing de novo on the	1683
appeal.	1684

For the purpose of conducting a de novo hearing, or where the	1685
commission has granted a request for the admission of additional	1686
evidence, the commission may require the attendance of witnesses	1687
and the production of written or printed materials.	1688

When conducting a de novo hearing, or when a request for the	1689
admission of additional evidence has been granted, the commission	1690
may, and at the request of any party it shall, issue subpoenas for	1691
witnesses or for books, papers, correspondence, memoranda,	1692
agreements, or other documents or records relevant or material to	1693
the inquiry directed to the sheriff of the counties where the	1694
witnesses or documents or records are found, which subpoenas shall	1695
be served and returned in the same manner as those allowed by the	1696
court of common pleas in criminal cases.	1697

The fees and mileage of sheriffs and witnesses shall be the	1698
same as those allowed by the court of common pleas in criminal	1699
cases. Witnesses shall be paid the fees and mileage provided for	1700
under section 119.094 of the Revised Code. The fee and mileage	1701
expenses incurred at the request of the appellant shall be paid in	1702
advance by the appellant, and the remainder of the expenses shall	1703
be paid out of funds appropriated for the expenses of the	1704
commission.	1705

In case of disobedience or neglect of any subpoena served on	1706
any person, or the refusal of any witness to testify to any matter	1707
regarding which the witness may be lawfully interrogated, the	1708
court of common pleas of the county in which the disobedience,	1709
neglect, or refusal occurs, or any judge thereof, on application	1710
of the commission or any member thereof, may compel obedience by	1711
attachment proceedings for contempt as in the case of disobedience	1712
of the requirements of a subpoena issued from the court or a	1713
refusal to testify therein.	1714

A witness at any hearing shall testify under oath or	1715
affirmation, which any member of the commission may administer. A	1716
witness, if the witness requests, shall be permitted to be	1717
accompanied, represented, and advised by an attorney, whose	1718
participation in the hearing shall be limited to the protection of	1719
the rights of the witness, and who may not examine or	1720
cross-examine witnesses. A witness shall be advised of the right	1721
to counsel before the witness is interrogated.	1722

A stenographic record of the testimony and other evidence	1723
submitted shall be taken by an official court shorthand reporter.	1724
The record shall include all of the testimony and other evidence	1725
and the rulings on the admissibility thereof presented at the	1726
hearing. The commission shall pass upon the admissibility of	1727
evidence, but any party may at the time object to the admission of	1728
any evidence and except to the rulings of the commission thereon,	1729
and if the commission refuses to admit evidence the party offering	1730
same may make a proffer thereof, and such proffer shall be made a	1731
part of the record of such hearing.	1732

Any party may request the stenographic record of the hearing.	1733
Promptly after receiving such a request, the commission shall	1734
prepare and provide the stenographic record of the hearing to the	1735
party who requested it. The commission may charge a fee to the	1736
party who requested the stenographic record that does not exceed	1737
the cost to the commission for preparing and transcribing it.	1738

If, upon completion of the hearing, the commission finds that	1739
the action appealed from was lawful and reasonable, it shall make	1740
a written order affirming the action, or if the commission finds	1741
that the action was unreasonable or unlawful, it shall make a	1742
written order vacating or modifying the action appealed from.	1743
Every order made by the commission shall contain a written finding	1744
by the commission of the facts upon which the order is based.	1745
Notice of the making of the order shall be given forthwith to each	1746
party to the appeal by mailing a certified copy thereof to each	1747
party by certified mail, with a statement of the time and method	1748
by which an appeal may be perfected.	1749

The order of the commission is final unless vacated or	1750
modified upon judicial review.	1751

Sec. 3901.04.  (A) As used in this section:

1752

(1) "Laws of this state relating to insurance" include but	1753
are not limited to Chapter 1751. notwithstanding section 1751.08,	1754
Chapter 1753., Title XXXIX, sections 5725.18 to 5725.25, and	1755
Chapter 5729. of the Revised Code.	1756

(2) "Person" has the meaning defined in division (A) of	1757
section 3901.19 of the Revised Code.	1758

(B) Whenever it appears to the superintendent of insurance,	1759
from the superintendent's files, upon complaint or otherwise, that	1760
any person has engaged in, is engaged in, or is about to engage in	1761
any act or practice declared to be illegal or prohibited by the	1762
laws of this state relating to insurance, or defined as unfair or	1763
deceptive by such laws, or when the superintendent believes it to	1764
be in the best interest of the public and necessary for the	1765
protection of the people in this state, the superintendent or	1766
anyone designated by the superintendent under the superintendent's	1767
official seal may do any one or more of the following:	1768

(1) Require any person to file with the superintendent, on a	1769
form that is appropriate for review by the superintendent, an	1770
original or additional statement or report in writing, under oath	1771
or otherwise, as to any facts or circumstances concerning the	1772
person's conduct of the business of insurance within this state	1773
and as to any other information that the superintendent considers	1774
to be material or relevant to such business;	1775

(2) Administer oaths, summon and compel by order or subpoena	1776
the attendance of witnesses to testify in relation to any matter	1777
which, by the laws of this state relating to insurance, is the	1778
subject of inquiry and investigation, and require the production	1779
of any book, paper, or document pertaining to such matter. A	1780
subpoena, notice, or order under this section may be served by	1781
certified mail, return receipt requested. If the subpoena, notice,	1782
or order is returned because of inability to deliver, or if no	1783
return is received within thirty days of the date of mailing, the	1784
subpoena, notice, or order may be served by ordinary mail. If no	1785
return of ordinary mail is received within thirty days after the	1786
date of mailing, service shall be deemed to have been made. If the	1787
subpoena, notice, or order is returned because of inability to	1788
deliver, the superintendent may designate a person or persons to	1789
effect either personal or residence service upon the witness.	1790
Service of any subpoena, notice, or order and return may also be	1791
made in any manner authorized under the Rules of Civil Procedure.	1792
Such service shall be made by an employee of the department	1793
designated by the superintendent, a sheriff, a deputy sheriff, an	1794
attorney, or any person authorized by the Rules of Civil Procedure	1795
to serve process.	1796

In the case of disobedience of any notice, order, or subpoena	1797
served on a person or the refusal of a witness to testify to a	1798
matter regarding which the person may lawfully be interrogated,	1799
the court of common pleas of the county where venue is	1800
appropriate, on application by the superintendent, may compel	1801
obedience by attachment proceedings for contempt, as in the case	1802
of disobedience of the requirements of a subpoena issued from such	1803
court, or a refusal to testify therein. Witnesses shall receive	1804
the fees and mileage allowed by section 2335.06119.094 of the	1805
Revised Code. All such fees, upon the presentation of proper	1806
vouchers approved by the superintendent, shall be paid out of the	1807
appropriation for the contingent fund of the department of	1808
insurance. The fees and mileage of witnesses not summoned by the	1809
superintendent or the superintendent's designee shall not be paid	1810
by the state.	1811

(3) In a case in which there is no administrative procedure	1812
available to the superintendent to resolve a matter at issue,	1813
request the attorney general to commence an action for a	1814
declaratory judgment under Chapter 2721. of the Revised Code with	1815
respect to the matter.	1816

(4) Initiate criminal proceedings by presenting evidence of	1817
the commission of any criminal offense established under the laws	1818
of this state relating to insurance to the prosecuting attorney of	1819
any county in which the offense may be prosecuted. At the request	1820
of the prosecuting attorney, the attorney general may assist in	1821
the prosecution of the violation with all the rights, privileges,	1822
and powers conferred by law on prosecuting attorneys including,	1823
but not limited to, the power to appear before grand juries and to	1824
interrogate witnesses before grand juries.	1825

Sec. 3901.321.  (A) For the purposes of this section:

1826

(1) "Acquiring party" means any person by whom or on whose	1827
behalf a merger or other acquisition of control is to be effected.	1828

(2) "Domestic insurer" includes any person controlling a	1829
domestic insurer unless the person, as determined by the	1830
superintendent of insurance, is either directly or through its	1831
affiliates primarily engaged in business other than the business	1832
of insurance.	1833

(3) "Person" does not include any securities broker holding,	1834
in the usual and customary broker's function, less than twenty per	1835
cent of the voting securities of an insurance company or of any	1836
person that controls an insurance company.	1837

(B)(1) Subject to compliance with division (B)(2) of this	1838
section, no person other than the issuer shall do any of the	1839
following if, as a result, the person would, directly or	1840
indirectly, including by means of conversion or the exercise of	1841
any right to acquire, be in control of a domestic insurer:	1842

(a) Make a tender offer for any voting security of a domestic	1843
insurer;	1844

(b) Make a request or invitation for tenders of any voting	1845
security of a domestic insurer;	1846

(c) Enter into any agreement to exchange securities of a	1847
domestic insurer;	1848

(d) Seek to acquire or acquire, in the open market or	1849
otherwise, any voting security of a domestic insurer;	1850

(e) Enter into an agreement to merge with, or otherwise to	1851
acquire control of, a domestic insurer.	1852

(2)(a) No person shall engage in any transaction described in	1853
division (B)(1) of this section, unless all of the following	1854
conditions are met:	1855

(i) The person has filed with the superintendent of insurance	1856
a statement containing the information required by division (C) of	1857
this section;	1858

(ii) The person has sent the statement to the domestic	1859
insurer;	1860

(iii) The offer, request, invitation, agreement, or	1861
acquisition has been approved by the superintendent in the manner	1862
provided in division (F) of this section.	1863

(b) The requirements of division (B)(2)(a) of this section	1864
shall be met at the time any offer, request, or invitation is	1865
made, or any agreement is entered into, or prior to the	1866
acquisition of the securities if no offer or agreement is	1867
involved.	1868

(C) The statement required by division (B)(2) of this section	1869
shall be made under oath or affirmation, and shall contain all of	1870
the following information:	1871

(1) The name and address of each acquiring party;

1872

(2) If the acquiring party is an individual, the individual's	1873
principal occupation and all offices and positions held during the	1874
past five years, and any conviction of crimes other than minor	1875
traffic violations during the past ten years;	1876

(3) If the acquiring party is not an individual, a report of	1877
the nature of its business operations during the past five years	1878
or for such lesser period as the acquiring party and any of its	1879
predecessors shall have been in existence; an informative	1880
description of the business intended to be done by the acquiring	1881
party and the acquiring party's subsidiaries; and a list of all	1882
individuals who are or who have been selected to become directors	1883
or executive officers of the acquiring party, who perform or will	1884
perform functions appropriate to such positions. The list shall	1885
include for each individual the information required by division	1886
(C)(2) of this section.	1887

(4) The source, nature, and amount of the consideration used	1888
or to be used in effecting the merger or other acquisition of	1889
control, a description of any transaction in which funds were or	1890
are to be obtained for any such purpose, including any pledge of	1891
the domestic insurer's stock, or the stock of any of its	1892
subsidiaries or controlling affiliates, and the identity of	1893
persons furnishing such consideration;	1894

(5) Fully audited financial information as to the earnings	1895
and financial condition of each acquiring party for its preceding	1896
five fiscal years, or for such lesser period as the acquiring	1897
party and any of its predecessors shall have been in existence,	1898
and similar unaudited information as of a date not earlier than	1899
ninety days prior to the filing of the statement;	1900

(6) Any plans or proposals which each acquiring party may	1901
have to liquidate such domestic insurer, to sell its assets or	1902
merge or consolidate it with any person, or to make any other	1903
material change in its business or corporate structure or	1904
management;	1905

(7) The number of shares of any security of such issuer or	1906
such controlling person that each acquiring party proposes to	1907
acquire, and the terms of the offer, request, invitation,	1908
agreement, or acquisition, and a statement as to the method by	1909
which the fairness of the proposal was determined;	1910

(8) The amount of each class of any security of such issuer	1911
or such controlling person which is beneficially owned or	1912
concerning which there is a right to acquire beneficial ownership	1913
by each acquiring party;	1914

(9) A full description of any contracts, arrangements, or	1915
understandings with respect to any security of such issuer or such	1916
controlling person in which any acquiring party is involved,	1917
including but not limited to transfer of any of the securities,	1918
joint ventures, loan or option arrangements, puts or calls,	1919
guarantees of loans, guarantees against loss or guarantees of	1920
profits, division of losses or profits, or the giving or	1921
withholding of proxies. The description shall identify the persons	1922
with whom such contracts, arrangements, or understandings have	1923
been made.	1924

(10) A description of the purchase of any security of such	1925
issuer or such controlling person during the year preceding the	1926
filing of the statement, by any acquiring party, including the	1927
dates of purchase, names of the purchasers, and consideration paid	1928
or agreed to be paid therefor;	1929

(11) A description of any recommendations to purchase any	1930
security of such issuer or such controlling person made during the	1931
year preceding the filing of the statement, by any acquiring	1932
party, or by anyone based upon interviews or at the suggestion of	1933
the acquiring party;	1934

(12) Copies of all tender offers for, requests, or	1935
invitations for tenders of, exchange offers for, and agreements to	1936
acquire or exchange any securities of such issuer or such	1937
controlling person, and, if distributed, of additional	1938
solicitation material relating thereto;	1939

(13) The terms of any agreement, contract, or understanding	1940
made with or proposed to be made with any broker or dealer as to	1941
solicitation of securities of such issuer or such controlling	1942
person for tender, and the amount of any fees, commissions, or	1943
other compensation to be paid to brokers or dealers with regard	1944
thereto;	1945

(14) With respect to proposed affiliations between depository	1946
institutions or any affiliate thereof, within the meaning of Title	1947
I, section 104(c) of the "Gramm-Leach-Bliley Act," Pub. L. No.	1948
106-102, 113 Stat. 1338 (1999), and a domestic insurer, the	1949
proposed effective date of the acquisition or change of control;	1950

(15) Such additional information as the superintendent may by	1951
rule prescribe as necessary or appropriate for the protection of	1952
policyholders of the domestic insurer or in the public interest.	1953

(D)(1) If the person required to file the statement required	1954
by division (B)(2) of this section is a partnership, limited	1955
partnership, syndicate, or other group, the superintendent may	1956
require that the information required by division (C) of this	1957
section be furnished with respect to each partner of such	1958
partnership or limited partnership, each member of such syndicate	1959
or group, and each person that controls such partner or member. If	1960
any such partner, member, or person is a corporation, or the	1961
person required to file the statement is a corporation, the	1962
superintendent may require that the information required by	1963
division (C) of this section be furnished with respect to the	1964
corporation, each officer and director of the corporation, and	1965
each person that is directly or indirectly the beneficial owner of	1966
more than ten per cent of the outstanding voting securities of the	1967
corporation.	1968

(2) If any material change occurs in the facts set forth in	1969
the statement required by division (B)(2) of this section, an	1970
amendment setting forth such change, together with copies of all	1971
documents and other material relevant to the change, shall be	1972
filed with the superintendent by the person subject to division	1973
(B)(2) of this section and sent to the domestic insurer within two	1974
business days after such person learns of the occurrence of the	1975
material change.	1976

(E) If any offer, request, invitation, agreement, or	1977
acquisition described in division (B)(1) of this section is	1978
proposed to be made by means of a registration statement under the	1979
"Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. 78a, or in	1980
circumstances requiring the disclosure of similar information	1981
under the "Securities Exchange Act of 1934," 48 Stat. 881, 15	1982
U.S.C.A. 78a, or under a state law requiring similar registration	1983
or disclosure, the person required to file the statement required	1984
by division (B)(2) of this section may use such documents in	1985
furnishing the information required by that statement.	1986

(F)(1) The superintendent shall approve any merger or other	1987
acquisition of control described in division (B)(1) of this	1988
section unless, after a public hearing, the superintendent finds	1989
that any of the following apply:	1990

(a) After the change of control, the domestic insurer would	1991
not be able to satisfy the requirements for the issuance of a	1992
license to write the line or lines of insurance for which it is	1993
presently licensed;	1994

(b) The effect of the merger or other acquisition of control	1995
would be substantially to lessen competition in insurance in this	1996
state or tend to create a monopoly;	1997

(c) The financial condition of any acquiring party is such as	1998
might jeopardize the financial stability of the domestic insurer,	1999
or prejudice the interests of its policyholders;	2000

(d) The plans or proposals that the acquiring party has to	2001
liquidate the domestic insurer, sell its assets, or consolidate or	2002
merge it with any person, or to make any other material change in	2003
its business or corporate structure or management, are unfair and	2004
unreasonable to policyholders of the domestic insurer and not in	2005
the public interest;	2006

(e) The competence, experience, and integrity of those	2007
persons that would control the operation of the domestic insurer	2008
are such that it would not be in the interest of policyholders of	2009
the domestic insurer and of the public to permit the merger or	2010
other acquisition of control;	2011

(f) The acquisition is likely to be hazardous or prejudicial	2012
to the insurance-buying public.	2013

(2)(a) Chapter 119. of the Revised Code, except for section	2014
119.09 of the Revised Code, applies to any hearing held under	2015
division (F)(1) of this section, including the notice of the	2016
hearing, the conduct of the hearing, the orders issued pursuant to	2017
it, the review of the orders, and all other matters relating to	2018
the holding of the hearing, but only to the extent that Chapter	2019
119. of the Revised Code is not inconsistent or in conflict with	2020
this section.	2021

(b) The notice of a hearing required under this division	2022
shall be transmitted by personal service, certified mail, e-mail,	2023
or any other method designed to ensure and confirm receipt of the	2024
notice, to the persons and addresses designated to receive notices	2025
and correspondence in the information statement filed under	2026
division (B)(2) of this section. Confirmation of receipt of the	2027
notice, including electronic "Read Receipt" confirmation, shall	2028
constitute evidence of compliance with the requirement of this	2029
section. The notice of hearing shall include the reasons for the	2030
proposed action and a statement informing the acquiring party that	2031
the party is entitled to a hearing. The notice also shall inform	2032
the acquiring party that at the hearing the acquiring party may	2033
appear in person, by attorney, or by such other representative as	2034
is permitted to practice before the superintendent, or that the	2035
acquiring party may present its position, arguments, or	2036
contentions in writing, and that at the hearing the acquiring	2037
party may present evidence and examine witnesses appearing for and	2038
against the acquiring party. A copy of the notice also shall be	2039
transmitted to attorneys or other representatives of record	2040
representing the acquiring party.	2041

(c) The hearing shall be held at the offices of the	2042
superintendent within ten calendar days, but not earlier than	2043
seven calendar days, of the date of transmission of the notice of	2044
hearing by any means, unless it is postponed or continued; but in	2045
no event shall the hearing be held unless notice is received at	2046
least three days prior to the hearing. The superintendent may	2047
postpone or continue the hearing upon receipt of a written request	2048
by an acquiring party, or upon the superintendent's motion,	2049
provided, however, a hearing in connection with a proposed change	2050
of control involving a depository institution or any affiliate	2051
thereof, within the meaning of Title I, section 104(c) of the	2052
"Gramm-Leach-Bliley Act," Pub. L. No. 106-102, 113 Stat. 1338	2053
(1999), and a domestic insurer, may be postponed or continued only	2054
upon the request of an acquiring party, or upon the	2055
superintendent's motion when the acquiring party agrees in writing	2056
to extend the sixty-day period provided for in section 104(c) of	2057
the "Gramm-Leach-Bliley Act," by a number of days equal to the	2058
number of days of such postponement or continuance.	2059

(d) For the purpose of conducting any hearing held under this	2060
section, the superintendent may require the attendance of such	2061
witnesses and the production of such books, records, and papers as	2062
the superintendent desires, and may take the depositions of	2063
witnesses residing within or without the state in the same manner	2064
as is prescribed by law for the taking of depositions in civil	2065
actions in the court of common pleas, and for that purpose the	2066
superintendent may, and upon the request of an acquiring party	2067
shall, issue a subpoena for any witnesses or a subpoena duces	2068
tecum to compel the production of any books, records, or papers,	2069
directed to the sheriff of the county where such witness resides	2070
or is found, which shall be served and returned in the same manner	2071
as a subpoena in a criminal case is served and returned. The fees	2072
and mileage of the sheriff and witnesses shall be the same as that	2073
allowed in the court of common pleas in criminal cases. Witnesses	2074
shall be paid the fees and mileage provided for under section	2075
119.094 of the Revised Code. Fees and mileage shall be paid from	2076
the fund in the state treasury for the use of the superintendent	2077
in the same manner as other expenses of the superintendent are	2078
paid. In any case of disobedience or neglect of any subpoena	2079
served on any person or the refusal of any witness to testify in	2080
any matter regarding which the witness may lawfully be	2081
interrogated, the court of common pleas of any county where such	2082
disobedience, neglect, or refusal occurs or any judge thereof, on	2083
application by the superintendent, shall compel obedience by	2084
attachment proceedings for contempt, as in the case of	2085
disobedience of the requirements of a subpoena issued from the	2086
court or a refusal to testify therein.	2087

In any hearing held under this section, a record of the	2088
testimony, as provided by stenographic means or by use of audio	2089
electronic recording devices, as determined by the superintendent,	2090
and other evidence submitted shall be taken at the expense of the	2091
superintendent. The record shall include all of the testimony and	2092
other evidence, and rulings on the admissibility thereof,	2093
presented at the hearing.	2094

The superintendent shall pass upon the admissibility of	2095
evidence, but a party to the proceedings may at that time object	2096
to the rulings of the superintendent, and if the superintendent	2097
refuses to admit evidence, the party offering the evidence shall	2098
proffer the evidence. The proffer shall be made a part of the	2099
record of the hearing.	2100

In any hearing held under this section, the superintendent	2101
may call any person to testify under oath as upon	2102
cross-examination. The superintendent, or any one delegated by the	2103
superintendent to conduct a hearing, may administer oaths or	2104
affirmations.	2105

In any hearing under this section, the superintendent may	2106
appoint a hearing officer to conduct the hearing; the hearing	2107
officer has the same powers and authority in conducting the	2108
hearing as is granted to the superintendent. The hearing officer	2109
shall have been admitted to the practice of law in the state and	2110
be possessed of any additional qualifications as the	2111
superintendent requires. The hearing officer shall submit to the	2112
superintendent a written report setting forth the hearing	2113
officer's finding of fact and conclusions of law and a	2114
recommendation of the action to be taken by the superintendent. A	2115
copy of the written report and recommendation shall, within seven	2116
days of the date of filing thereof, be served upon the acquiring	2117
party or the acquiring party's attorney or other representative of	2118
record, by personal service, certified mail, e-mail, or any other	2119
method designed to ensure and confirm receipt of the report. The	2120
acquiring party may, within three days of receipt of the copy of	2121
the written report and recommendation, file with the	2122
superintendent written objections to the report and	2123
recommendation, which objections the superintendent shall consider	2124
before approving, modifying, or disapproving the recommendation.	2125
The superintendent may grant extensions of time to the acquiring	2126
party within which to file such objections. No recommendation of	2127
the hearing officer shall be approved, modified, or disapproved by	2128
the superintendent until after three days following the service of	2129
the report and recommendation as provided in this section. The	2130
superintendent may order additional testimony to be taken or	2131
permit the introduction of further documentary evidence. The	2132
superintendent may approve, modify, or disapprove the	2133
recommendation of the hearing officer, and the order of the	2134
superintendent based on the report, recommendation, transcript of	2135
testimony, and evidence, or the objections of the acquiring party,	2136
and additional testimony and evidence shall have the same effect	2137
as if the hearing had been conducted by the superintendent. No	2138
such recommendation is final until confirmed and approved by the	2139
superintendent as indicated by the order entered in the record of	2140
proceedings, and if the superintendent modifies or disapproves the	2141
recommendations of the hearing officer, the reasons for the	2142
modification or disapproval shall be included in the record of	2143
proceedings.	2144

After the order is entered, the superintendent shall transmit	2145
in the manner and by any of the methods set forth in division	2146
(F)(2)(b) of this section a certified copy of the order and a	2147
statement of the time and method by which an appeal may be	2148
perfected. A copy of the order shall be mailed to the attorneys or	2149
other representatives of record representing the acquiring party.	2150

(e) An order of disapproval issued by the superintendent may	2151
be appealed to the court of common pleas of Franklin county by	2152
filing a notice of appeal with the superintendent and a copy of	2153
the notice of appeal with the court, within fifteen calendar days	2154
after the transmittal of the copy of the order of disapproval. The	2155
notice of appeal shall set forth the order appealed from and the	2156
grounds for appeal, in accordance with section 119.12 of the	2157
Revised Code.	2158

(3) The superintendent may retain at the acquiring party's	2159
expense any attorneys, actuaries, accountants, and other experts	2160
not otherwise a part of the superintendent's staff as may be	2161
reasonably necessary to assist the superintendent in reviewing the	2162
proposed acquisition of control.	2163

(G) This section does not apply to either of the following:

2164

(1) Any transaction that is subject to section 3907.09,	2165
3907.10, 3907.11, or 3921.14, or sections 3925.27 to 3925.31,	2166
3941.35 to 3941.46, or section 3953.19 of the Revised Code;	2167

(2) Any offer, request, invitation, agreement, or acquisition	2168
that the superintendent by order exempts from this section on	2169
either of the following bases:	2170

(a) It has not been made or entered into for the purpose and	2171
does not have the effect of changing or influencing the control of	2172
a domestic insurer;	2173

(b) It is not otherwise comprehended within the purposes of	2174
this section.	2175

(H) Nothing in this section or in any other section of Title	2176
XXXIX of the Revised Code shall be construed to impair the	2177
authority of the attorney general to investigate or prosecute	2178
actions under any state or federal antitrust law with respect to	2179
any merger or other acquisition involving domestic insurers.	2180

(I) In connection with a proposed change of control involving	2181
a depository institution or any affiliate thereof, within the	2182
meaning of Title I, section 104(c) of the "Gramm-Leach-Bliley	2183
Act," Pub. L. No. 106-102, 113 Stat. 1338 (1999), and a domestic	2184
insurer, not later than sixty days after the date of the	2185
notification of the proposed change in control submitted pursuant	2186
to division (B)(2) of this section, the superintendent shall make	2187
any determination that the person acquiring control of the insurer	2188
shall maintain or restore the capital of the insurer to the level	2189
required by the laws and regulations of this state.	2190

Sec. 4112.04.  (A) The commission shall do all of the	2191
following:	2192

(1) Establish and maintain a principal office in the city of	2193
Columbus and any other offices within the state that it considers	2194
necessary;	2195

(2) Appoint an executive director who shall serve at the	2196
pleasure of the commission and be its principal administrative	2197
officer. The executive director shall be paid a salary fixed	2198
pursuant to Chapter 124. of the Revised Code.	2199

(3) Appoint hearing examiners and other employees and agents	2200
who it considers necessary and prescribe their duties subject to	2201
Chapter 124. of the Revised Code;	2202

(4) Adopt, promulgate, amend, and rescind rules to effectuate	2203
the provisions of this chapter and the policies and practice of	2204
the commission in connection with this chapter;	2205

(5) Formulate policies to effectuate the purposes of this	2206
chapter and make recommendations to agencies and officers of the	2207
state or political subdivisions to effectuate the policies;	2208

(6) Receive, investigate, and pass upon written charges made	2209
under oath of unlawful discriminatory practices;	2210

(7) Make periodic surveys of the existence and effect of	2211
discrimination because of race, color, religion, sex, military	2212
status, familial status, national origin, disability, age, or	2213
ancestry on the enjoyment of civil rights by persons within the	2214
state;	2215

(8) Report, from time to time, but not less than once a year,	2216
to the general assembly and the governor, describing in detail the	2217
investigations, proceedings, and hearings it has conducted and	2218
their outcome, the decisions it has rendered, and the other work	2219
performed by it, which report shall include a copy of any surveys	2220
prepared pursuant to division (A)(7) of this section and shall	2221
include the recommendations of the commission as to legislative or	2222
other remedial action;	2223

(9) Prepare a comprehensive educational program, in	2224
cooperation with the department of education, for the students of	2225
the public schools of this state and for all other residents of	2226
this state that is designed to eliminate prejudice on the basis of	2227
race, color, religion, sex, military status, familial status,	2228
national origin, disability, age, or ancestry in this state, to	2229
further good will among those groups, and to emphasize the origin	2230
of prejudice against those groups, its harmful effects, and its	2231
incompatibility with American principles of equality and fair	2232
play;	2233

(10) Receive progress reports from agencies,	2234
instrumentalities, institutions, boards, commissions, and other	2235
entities of this state or any of its political subdivisions and	2236
their agencies, instrumentalities, institutions, boards,	2237
commissions, and other entities regarding affirmative action	2238
programs for the employment of persons against whom discrimination	2239
is prohibited by this chapter, or regarding any affirmative	2240
housing accommodations programs developed to eliminate or reduce	2241
an imbalance of race, color, religion, sex, military status,	2242
familial status, national origin, disability, or ancestry. All	2243
agencies, instrumentalities, institutions, boards, commissions,	2244
and other entities of this state or its political subdivisions,	2245
and all political subdivisions, that have undertaken affirmative	2246
action programs pursuant to a conciliation agreement with the	2247
commission, an executive order of the governor, any federal	2248
statute or rule, or an executive order of the president of the	2249
United States shall file progress reports with the commission	2250
annually on or before the first day of November. The commission	2251
shall analyze and evaluate the progress reports and report its	2252
findings annually to the general assembly on or before the	2253
thirtieth day of January of the year immediately following the	2254
receipt of the reports.	2255

(B) The commission may do any of the following:

2256

(1) Meet and function at any place within the state;

2257

(2) Initiate and undertake on its own motion investigations	2258
of problems of employment or housing accommodations	2259
discrimination;	2260

(3) Hold hearings, subpoena witnesses, compel their	2261
attendance, administer oaths, take the testimony of any person	2262
under oath, require the production for examination of any books	2263
and papers relating to any matter under investigation or in	2264
question before the commission, and make rules as to the issuance	2265
of subpoenas by individual commissioners.	2266

(a) In conducting a hearing or investigation, the commission	2267
shall have access at all reasonable times to premises, records,	2268
documents, individuals, and other evidence or possible sources of	2269
evidence and may examine, record, and copy the premises, records,	2270
documents, and other evidence or possible sources of evidence and	2271
take and record the testimony or statements of the individuals as	2272
reasonably necessary for the furtherance of the hearing or	2273
investigation. In investigations, the commission shall comply with	2274
the fourth amendment to the United States Constitution relating to	2275
unreasonable searches and seizures. The commission or a member of	2276
the commission may issue subpoenas to compel access to or the	2277
production of premises, records, documents, and other evidence or	2278
possible sources of evidence or the appearance of individuals, and	2279
may issue interrogatories to a respondent, to the same extent and	2280
subject to the same limitations as would apply if the subpoenas or	2281
interrogatories were issued or served in aid of a civil action in	2282
a court of common pleas.	2283

(b) Upon written application by a respondent, the commission	2284
shall issue subpoenas in its name to the same extent and subject	2285
to the same limitations as subpoenas issued by the commission.	2286
Subpoenas issued at the request of a respondent shall show on	2287
their face the name and address of the respondent and shall state	2288
that they were issued at the respondent's request.	2289

(c) Witnesses summoned by subpoena of the commission are	2290
entitled to the same witness and mileage fees as are witnesses in	2291
proceedings in a court of common pleasprovided for under section	2292
119.094 of the Revised Code.	2293

(d) Within five days after service of a subpoena upon any	2294
person, the person may petition the commission to revoke or modify	2295
the subpoena. The commission shall grant the petition if it finds	2296
that the subpoena requires an appearance or attendance at an	2297
unreasonable time or place, that it requires production of	2298
evidence that does not relate to any matter before the commission,	2299
that it does not describe with sufficient particularity the	2300
evidence to be produced, that compliance would be unduly onerous,	2301
or for other good reason.	2302

(e) In case of contumacy or refusal to obey a subpoena, the	2303
commission or person at whose request it was issued may petition	2304
for its enforcement in the court of common pleas in the county in	2305
which the person to whom the subpoena was addressed resides, was	2306
served, or transacts business.	2307

(4) Create local or statewide advisory agencies and	2308
conciliation councils to aid in effectuating the purposes of this	2309
chapter. The commission may itself, or it may empower these	2310
agencies and councils to, do either or both of the following:	2311

(a) Study the problems of discrimination in all or specific	2312
fields of human relationships when based on race, color, religion,	2313
sex, military status, familial status, national origin,	2314
disability, age, or ancestry;	2315

(b) Foster through community effort, or otherwise, good will	2316
among the groups and elements of the population of the state.	2317

The agencies and councils may make recommendations to the	2318
commission for the development of policies and procedures in	2319
general. They shall be composed of representative citizens who	2320
shall serve without pay, except that reimbursement for actual and	2321
necessary traveling expenses shall be made to citizens who serve	2322
on a statewide agency or council.	2323

(5) Issue any publications and the results of investigations	2324
and research that in its judgment will tend to promote good will	2325
and minimize or eliminate discrimination because of race, color,	2326
religion, sex, military status, familial status, national origin,	2327
disability, age, or ancestry.	2328

Sec. 4121.16.  Each witness who appears before the bureau of	2329
workers' compensation by its order shall receive for histhe	2330
witness's attendance the fees and mileage provided for witnesses	2331
in civil cases in the court of common pleasunder section 119.094	2332
of the Revised Code, which shall be paid from the state insurance	2333
fund on the approval of the administrator of workers'	2334
compensation. No witnesses subpoenaed at the instance of the	2335
parties other than the bureau is entitled to compensation from the	2336
state for attendance or travel unless the bureau certifies that	2337
histhe witness's testimony was material to the matter	2338
investigated.	2339

Sec. 4123.13.  Each officer who serves a subpoena issued	2340
under section 4123.08 of the Revised Code shall receive the same	2341
fees as a sheriff, and each witness who appears, in obedience to a	2342
subpoena, before the industrial commission or its secretary or	2343
district or staff hearing officers, the administrator of workers'	2344
compensation, or any inspector or examiner of the commission or	2345
administrator, shall receive for his attendance the fees and	2346
mileage provided for witnesses in civil cases in courts of common	2347
pleasunder section 119.094 of the Revised Code, which shall be	2348
paid from the state insurance fund on the approval of any two	2349
members of the commission, if the witness is subpoenaed by the	2350
commission or its secretary, district or staff hearing officer,	2351
inspector, or examiner, or on the approval of the administrator,	2352
if the witness is subpoenaed by the administrator or histhe	2353
administrator's inspector or examiner. No witness subpoenaed at	2354
the instance of a party other than the persons listed in this	2355
section is entitled to compensation under this section unless the	2356
administrator or commission certifies that histhe witness's	2357
testimony was material to the matter investigated.	2358

Sec. 4167.10.  (A) In order to carry out the purposes of this	2359
chapter, the administrator of workers' compensation or the	2360
administrator's designee shall, as provided in this section,	2361
inspect and investigate any plant, facility, establishment,	2362
construction site, or any other area, workplace, or environment	2363
where work is being performed by a public employee of a public	2364
employer, and any place of employment and all pertinent	2365
conditions, structures, machines, apparatus, devices, equipment,	2366
and materials therein, and question privately any public employer,	2367
administrator, department head, operator, agent, or public	2368
employee. The authority to inspect and investigate includes the	2369
taking of environmental samples, the taking and obtaining of	2370
photographs related to the purposes of the inspection or	2371
investigation, the examination of records required to be kept	2372
under section 4167.11 of the Revised Code and other documents and	2373
records relevant to the inspection and investigation, the issuance	2374
of subpoenas, and the conducting of tests and other studies	2375
reasonably calculated to serve the purposes of implementing and	2376
enforcing this chapter. Except as provided in this section, the	2377
administrator or the administrator's designee shall conduct	2378
inspections and investigations only pursuant to a request to do so	2379
by a public employee or public employee representative, or the	2380
notification the administrator receives pursuant to division (B)	2381
of section 4167.06 of the Revised Code and only if the	2382
administrator or the administrator's designee complies with this	2383
section. The administrator or the administrator's designee shall	2384
conduct all requested or required inspections within a reasonable	2385
amount of time following receipt of the request or notification.	2386

(B)(1) Any public employee or public employee representative	2387
who believes that a violation of an Ohio employment risk reduction	2388
standard exists that threatens physical harm, or that an imminent	2389
danger exists, may request an inspection by giving written notice	2390
to the administrator or the administrator's designee of the	2391
violation or danger. The notice shall set forth with reasonable	2392
particularity the grounds for the notice, and shall be signed by	2393
the public employee or public employee representative. The names	2394
of individual public employees making the notice or referred to	2395
therein shall not appear in the copy provided to the public	2396
employer pursuant to division (B)(2) of this section and shall be	2397
kept confidential.	2398

(2) If, upon receipt of a notification pursuant to division	2399
(B)(1) of this section, the administrator determines that there	2400
are no reasonable grounds to believe that a violation or danger	2401
exists, the administrator shall inform the public employee or	2402
public employee representative in writing of the determination.	2403
If, upon receipt of a notification, the administrator determines	2404
that there are reasonable grounds to believe that a violation or	2405
danger exists, the administrator shall, within one week, excluding	2406
Saturdays, Sundays, and any legal holiday as defined in section	2407
1.14 of the Revised Code, after receipt of the notification,	2408
notify the public employer, by certified mail, return receipt	2409
requested, of the alleged violation or danger. The notice provided	2410
to the public employer or the public employer's agent shall	2411
contain a copy of the notice provided to the administrator by the	2412
public employee or the public employee representative under	2413
division (B)(1) of this section and shall inform the public	2414
employer of the alleged violation or danger and that the	2415
administrator or the administrator's designee will investigate and	2416
inspect the public employer's workplace as provided in this	2417
section. The public employer must respond to the administrator, in	2418
a method determined by the administrator, concerning the alleged	2419
violation or danger, within thirty days after receipt of the	2420
notice. If the public employer does not correct the violation or	2421
danger within the thirty-day period or if the public employer	2422
fails to respond within that time period, the administrator or the	2423
administrator's designee shall investigate and inspect the public	2424
employer's workplace as provided in this section. The	2425
administrator or the administrator's designee shall not conduct	2426
any inspection prior to the end of the thirty-day period unless	2427
requested or permitted by the public employer. The administrator	2428
may, at any time upon the request of the public employer, inspect	2429
and investigate any violation or danger alleged to exist at the	2430
public employer's place of employment.	2431

(3) The authority of the administrator or the administrator's	2432
designee to investigate and inspect a premises pursuant to a	2433
public employee or public employee representative notification is	2434
not limited to the alleged violation or danger contained in the	2435
notification. The administrator or the administrator's designee	2436
may investigate and inspect any other area of the premises where	2437
there is reason to believe that a violation or danger exists. In	2438
addition, if the administrator or the administrator's designee	2439
detects any obvious or apparent violation at any temporary place	2440
of employment while en route to the premises to be inspected or	2441
investigated, and that violation presents a substantial	2442
probability that the condition or practice could result in death	2443
or serious physical harm, the administrator or the administrator's	2444
designee may use any of the enforcement mechanisms provided in	2445
this section to correct or remove the condition or practice.	2446

(4) If, during an inspection or investigation, the	2447
administrator or the administrator's designee finds any condition	2448
or practice in any place of employment that presents a substantial	2449
probability that the condition or practice could result in death	2450
or serious physical harm, after notifying the employer of the	2451
administrator's intent to issue an order, the administrator shall	2452
issue an order, or the administrator's designee shall issue an	2453
order after consultation either by telephone or in person with the	2454
administrator and upon the recommendation of the administrator,	2455
which prohibits the employment of any public employee or any	2456
continuing operation or process under such condition or practice	2457
until necessary steps are taken to correct or remove the condition	2458
or practice. The order shall not be effective for more than	2459
fifteen days, unless a court of competent jurisdiction otherwise	2460
orders as provided in section 4167.14 of the Revised Code.	2461

(C) In making any inspections or investigations under this	2462
chapter, the administrator or the administrator's designee may	2463
administer oaths and require, by subpoena, the attendance and	2464
testimony of witnesses and the production of evidence under oath.	2465
Witnesses shall receive the same fees and mileage provided for	2466
witnesses in civil cases in the court of common pleasunder	2467
section 119.094 of the Revised Code. In the case of contumacy,	2468
failure, or refusal of any person to comply with an order or any	2469
subpoena lawfully issued, or upon the refusal of any witness to	2470
testify to any matter regarding which the witness may lawfully be	2471
interrogated, a judge of the court of common pleas of any county	2472
in this state, on the application of the administrator or the	2473
administrator's designee, shall issue an order requiring the	2474
person to appear and to produce evidence if, as, and when so	2475
ordered, and to give testimony relating to the matter under	2476
investigation or in question. The court may punish any failure to	2477
obey the order of the court as a contempt thereof.	2478

(D) If, upon inspection or investigation, the administrator	2479
or the administrator's designee believes that a public employer	2480
has violated any requirement of this chapter or any rule, Ohio	2481
employment risk reduction standard, or order adopted or issued	2482
pursuant thereto, the administrator or the administrator's	2483
designee shall, with reasonable promptness, issue a citation to	2484
the public employer. The citation shall be in writing and describe	2485
with particularity the nature of the alleged violation, including	2486
a reference to the provision of law, Ohio employment risk	2487
reduction standard, rule, or order alleged to have been violated.	2488
In addition, the citation shall fix a time for the abatement of	2489
the violation, as provided in division (H) of this section. The	2490
administrator may prescribe procedures for the issuance of a	2491
notice with respect to minor violations and for enforcement of	2492
minor violations that have no direct or immediate relationship to	2493
safety or health.	2494

(E) Upon receipt of any citation under this section, the	2495
public employer shall immediately post the citation, or a copy	2496
thereof, at or near each place an alleged violation referred to in	2497
the citation occurred.	2498

(F) The administrator may not issue a citation under this	2499
section after the expiration of six months following the final	2500
occurrence of any violation.	2501

(G) If the administrator issues a citation pursuant to this	2502
section, the administrator shall mail the citation to the public	2503
employer by certified mail, return receipt requested. The public	2504
employer has fourteen days after receipt of the citation within	2505
which to notify the administrator that the employer wishes to	2506
contest the citation. If the employer notifies the administrator	2507
within the fourteen days that the employer wishes to contest the	2508
citation, or if within fourteen days after the issuance of a	2509
citation a public employee or public employee representative files	2510
notice that the time period fixed in the citation for the	2511
abatement of the violation is unreasonable, the administrator	2512
shall hold an adjudication hearing in accordance with Chapter 119.	2513
of the Revised Code.	2514

(H) In establishing the time limits in which a public	2515
employer must abate a violation under this section, the	2516
administrator shall consider the costs to the public employer, the	2517
size and financial resources of the public employer, the severity	2518
of the violation, the technological feasibility of the public	2519
employer's ability to comply with requirements of the citation,	2520
the possible present and future detriment to the health and safety	2521
of any public employee for failure of the public employer to	2522
comply with requirements of the citation, and such other factors	2523
as the administrator determines appropriate. The administrator	2524
may, after considering the above factors, permit the public	2525
employer to comply with the citation over a period of up to two	2526
years and may extend that period an additional one year, as the	2527
administrator determines appropriate.	2528

(I) Any public employer may request the administrator to	2529
conduct an employment risk reduction inspection of the public	2530
employer's place of employment. The administrator or the	2531
administrator's designee shall conduct the inspection within a	2532
reasonable amount of time following the request. Neither the	2533
administrator nor any other person may use any information	2534
obtained from the inspection for a period not to exceed three	2535
years in any proceeding for a violation of this chapter or any	2536
rule or order issued thereunder nor in any other action in any	2537
court in this state.	2538

Sec. 4301.04.  The liquor control commission has the	2539
following powers which it may exercise by the vote of a majority	2540
of the commissioners:	2541

(A) To suspend, revoke, and cancel permits. A majority of the	2542
commissioners constitutes a quorum for the transaction of any	2543
business, for the performance of any duty, or for the exercise of	2544
any power of the commission. No vacancy in the commission shall	2545
impair the right of the remaining commissioners to exercise all	2546
powers of the commission. The act of a majority of the commission,	2547
when in session, is the act of the commission. A finding, order,	2548
or decision of the commission to suspend a permit shall state and	2549
fix the effective date of the commencement and the period of	2550
duration of such suspension. Such finding, order, or decision of	2551
the commission to revoke or cancel a permit shall state and fix	2552
the effective date thereof.	2553

(B) To consider, hear, and determine all appeals authorized	2554
by Chapters 4301. and 4303. of the Revised Code, to be taken from	2555
any decision, determination, or order of the division of liquor	2556
control, and all complaints for the revocation of permits. The	2557
liquor control commission shall accord a hearing to any person	2558
appealing or complained against, at which such person has the	2559
right to be present, to be represented by counsel, to offer	2560
evidence, and to require the attendance of witnesses.	2561

(C) To adopt, repeal, and amend bylaws in relation to its	2562
meetings and the transaction of its business and regulating its	2563
procedure on appeal.	2564

(D) To consider and make recommendations upon any matter	2565
which the superintendent of liquor control submits to it for	2566
recommendation and determine any matter which the superintendent	2567
submits to it for determination.	2568

(E) To require of the superintendent and of any officer,	2569
department, board, or commission of the state of any county,	2570
township, or municipal officer in this state, information with	2571
respect to the social and economic effects of such chapters; and	2572
all such officers, departments, boards, and commissions shall	2573
furnish such information when requested in writing by the liquor	2574
control commission.	2575

(F) To submit to the governor amendments to any laws	2576
affecting the sale of intoxicating liquor in this state when it	2577
deems desirable.	2578

(G) For the purpose of any hearing or investigation which	2579
they are respectively authorized or required by such chapters to	2580
conduct, the liquor control commission or any member thereof, the	2581
superintendent, or any agent of the division designated in writing	2582
for that purpose, may administer oaths, take depositions, issue	2583
subpoenas, compel the attendance of witnesses and the production	2584
of books, accounts, papers, records, documents, and testimony. In	2585
case of disobedience of any person with respect to an order of the	2586
commission or a subpoena issued by the liquor control commission	2587
or any member thereof, the superintendent or such agent, or on the	2588
refusal of a witness to testify to any matter regarding which the	2589
witness may be lawfully interrogated, a judge of the court of	2590
common pleas of the county in which the person resides, on	2591
application of any member of the liquor control commission or the	2592
superintendent, shall compel obedience by attachment proceedings	2593
as for contempt, as in the case of disobedience with respect to	2594
the requirements of a subpoena issued from such court or a refusal	2595
to testify in such court. Each officer who serves such subpoena	2596
shall receive the same fees as a sheriff, and each witness who	2597
appears, in obedience to a subpoena, before the liquor control	2598
commission or any member thereof, or the superintendent, shall	2599
receive for attendance the fees and mileage provided for witnesses	2600
in civil cases in courts of common pleasunder section 119.094 of	2601
the Revised Code, which shall be audited and paid upon	2602
presentation of proper vouchers approved by any two members of the	2603
commission. No witness subpoenaed at the instance of a party other	2604
than the liquor control commission or any member thereof, the	2605
superintendent, or such agent, is entitled to compensation unless	2606
the commission certifies that the testimony of the witness was	2607
material to the matter investigated.	2608

Sec. 4503.03.  (A)(1)(a) The registrar of motor vehicles may	2609
designate the county auditor in each county a deputy registrar. If	2610
the population of a county is forty thousand or less according to	2611
the last federal census and if the county auditor is designated by	2612
the registrar as a deputy registrar, no other person need be	2613
designated in the county to act as a deputy registrar.	2614

(b) The registrar may designate a clerk of a court of common	2615
pleas as a deputy registrar if the population of the county is	2616
forty thousand or less according to the last federal census. All	2617
fees collected and retained by a clerk for conducting deputy	2618
registrar services shall be paid into the county treasury to the	2619
credit of the certificate of title administration fund created	2620
under section 325.33 of the Revised Code.	2621

(c) In all other instances, the registrar shall contract with	2622
one or more other persons in each county to act as deputy	2623
registrars.	2624

(2) Deputy registrars shall accept applications for the	2625
annual license tax for any vehicle not taxed under section 4503.63	2626
of the Revised Code and shall assign distinctive numbers in the	2627
same manner as the registrar. Such deputies shall be located in	2628
such locations in the county as the registrar sees fit. There	2629
shall be at least one deputy registrar in each county.	2630

Deputy registrar contracts are subject to the provisions of	2631
division (B) of section 125.081 of the Revised Code.	2632

(B) The registrar shall not contract with any person to act	2633
as a deputy registrar if the person or, where applicable, the	2634
person's spouse or a member of the person's immediate family has	2635
made, within the current calendar year or any one of the previous	2636
three calendar years, one or more contributions totaling in excess	2637
of one hundred dollars to any person or entity included in	2638
division (A)(2) of section 4503.033 of the Revised Code. As used	2639
in this division, "immediate family" has the same meaning as in	2640
division (D) of section 102.01 of the Revised Code, and "entity"	2641
includes any political party and any "continuing association" as	2642
defined in division (B)(4) of section 3517.01 of the Revised Code	2643
or "political action committee" as defined in division (B)(8) of	2644
that section that is primarily associated with that political	2645
party. For purposes of this division, contributions to any	2646
continuing association or any political action committee that is	2647
primarily associated with a political party shall be aggregated	2648
with contributions to that political party.	2649

The contribution limitations contained in this division do	2650
not apply to any county auditor or clerk of a court of common	2651
pleas.	2652

The registrar shall not contract with either of the following	2653
to act as a deputy registrar:	2654

(1) Any elected public official other than a county auditor	2655
or, as authorized by division (A)(1)(b) of this section, a clerk	2656
of a court of common pleas, acting in an official capacity;	2657

(2) Any person holding a current, valid contract to conduct	2658
motor vehicle inspections under section 3704.14 of the Revised	2659
Code.	2660

(C)(1) Except as provided in division (C)(2) of this section,	2661
deputy registrars are independent contractors and neither they nor	2662
their employees are employees of this state, except that nothing	2663
in this section shall affect the status of county auditors or	2664
clerks of courts of common pleas as public officials, nor the	2665
status of their employees as employees of any of the counties of	2666
this state, which are political subdivisions of this state. Each	2667
deputy registrar shall be responsible for the payment of all	2668
unemployment compensation premiums, all workers' compensation	2669
premiums, social security contributions, and any and all taxes for	2670
which the deputy registrar is legally responsible. Each deputy	2671
registrar shall comply with all applicable federal, state, and	2672
local laws requiring the withholding of income taxes or other	2673
taxes from the compensation of the deputy registrar's employees.	2674
Each deputy registrar shall maintain during the entire term of the	2675
deputy registrar's contract a policy of business liability	2676
insurance satisfactory to the registrar and shall hold the	2677
department of public safety, the director of public safety, the	2678
bureau of motor vehicles, and the registrar harmless upon any and	2679
all claims for damages arising out of the operation of the deputy	2680
registrar agency.	2681

(2) For purposes of Chapter 4141. of the Revised Code,	2682
determinations concerning the employment of deputy registrars and	2683
their employees shall be made under Chapter 4141. of the Revised	2684
Code.	2685

(D)(1) With the approval of the director, the registrar shall	2686
adopt rules governing the terms of the contract between the	2687
registrar and each deputy registrar and specifications for the	2688
services to be performed. The rules shall include specifications	2689
relating to the amount of bond to be given as provided in this	2690
section; the size and location of the deputy's office; and the	2691
leasing of equipment necessary to conduct the vision screenings	2692
required under section 4507.12 of the Revised Code and training in	2693
the use of the equipment. The specifications shall permit and	2694
encourage every deputy registrar to inform the public of the	2695
location of the deputy registrar's office and hours of operation	2696
by means of public service announcements and allow any deputy	2697
registrar to advertise in regard to the operation of the deputy	2698
registrar's office. The rules also shall include specifications	2699
for the hours the deputy's office is to be open to the public and	2700
shall require as a minimum that one deputy's office in each county	2701
be open to the public for at least four hours each weekend,	2702
provided that if only one deputy's office is located within the	2703
boundary of the county seat, that office is the office that shall	2704
be open for the four-hour period each weekend, and that every	2705
deputy's office in each county shall be open to the public until	2706
six-thirty p.m. on at least one weeknight each week. The rules	2707
also shall include specifications providing that every deputy in	2708
each county, upon request, provide any person with information	2709
about the location and office hours of all deputy registrars in	2710
the county and that every deputy prominently display within the	2711
deputy's office, the toll-free telephone number of the bureau. The	2712
rules shall not prohibit the award of a deputy registrar contract	2713
to a nonprofit corporation formed under the laws of this state.	2714
The rules shall prohibit any deputy registrar from operating more	2715
than one such office at any time, except that the rules may permit	2716
a nonprofit corporation formed for the purposes of providing	2717
automobile-related services to its members or the public and that	2718
provides such services from more than one location in this state	2719
to operate a deputy registrar office at any such location,	2720
provided that the nonprofit corporation operates no more than one	2721
deputy registrar office in any one county. The rules may include	2722
such other specifications as the registrar and director consider	2723
necessary to provide a high level of service.	2724

(2) With the prior approval of the registrar, each deputy	2725
registrar may conduct at the location of the deputy registrar's	2726
office any business that is consistent with the functions of a	2727
deputy registrar and that is not specifically mandated or	2728
authorized by this or another chapter of the Revised Code or by	2729
implementing rules of the registrar.	2730

(3) As used in this section and in section 4507.01 of the	2731
Revised Code, "nonprofit corporation" has the same meaning as in	2732
section 1702.01 of the Revised Code.	2733

(E) Unless otherwise terminated and except for interim	2734
contracts of less than one year, contracts with deputy registrars	2735
shall be for a term of at least two years, but no more than three	2736
years, and all contracts effective on or after July 1, 1996, shall	2737
be for a term of more than two years, but not more than three	2738
years. All contracts with deputy registrars shall expire on the	2739
last Saturday of June in the year of their expiration. The auditor	2740
of state may examine the accounts, reports, systems, and other	2741
data of each deputy registrar at least every two years. The	2742
registrar, with the approval of the director, shall immediately	2743
remove a deputy who violates any provision of the Revised Code	2744
related to the duties as a deputy, any rule adopted by the	2745
registrar, or a term of the deputy's contract with the registrar.	2746
The registrar also may remove a deputy who, in the opinion of the	2747
registrar, has engaged in any conduct that is either unbecoming to	2748
one representing this state or is inconsistent with the efficient	2749
operation of the deputy's office.	2750

If the registrar, with the approval of the director,	2751
determines that there is good cause to believe that a deputy	2752
registrar or a person proposing for a deputy registrar contract	2753
has engaged in any conduct that would require the denial or	2754
termination of the deputy registrar contract, the registrar may	2755
require the production of books, records, and papers as the	2756
registrar determines are necessary, and may take the depositions	2757
of witnesses residing within or outside the state in the same	2758
manner as is prescribed by law for the taking of depositions in	2759
civil actions in the court of common pleas, and for that purpose	2760
the registrar may issue a subpoena for any witness or a subpoena	2761
duces tecum to compel the production of any books, records, or	2762
papers, directed to the sheriff of the county where the witness	2763
resides or is found. Such a subpoena shall be served and returned	2764
in the same manner as a subpoena in a criminal case is served and	2765
returned. The fees and mileage of the sheriff and witnesses shall	2766
be the same as that allowed in the court of common pleas in	2767
criminal cases and. Witnesses shall be paid the fees and mileage	2768
provided for under section 119.094 of the Revised Code. The fees	2769
and mileage shall be paid from the fund in the state treasury for	2770
the use of the agency in the same manner as other expenses of the	2771
agency are paid.	2772

In any case of disobedience or neglect of any subpoena served	2773
on any person or the refusal of any witness to testify to any	2774
matter regarding which the witness lawfully may be interrogated,	2775
the court of common pleas of any county where the disobedience,	2776
neglect, or refusal occurs or any judge of that court, on	2777
application by the registrar, shall compel obedience by attachment	2778
proceedings for contempt, as in the case of disobedience of the	2779
requirements of a subpoena issued from that court, or a refusal to	2780
testify in that court.	2781

Nothing in this division shall be construed to require a	2782
hearing of any nature prior to the termination of any deputy	2783
registrar contract by the registrar, with the approval of the	2784
director, for cause.	2785

(F) Except as provided in section 2743.03 of the Revised	2786
Code, no court, other than the court of common pleas of Franklin	2787
county, has jurisdiction of any action against the department of	2788
public safety, the director, the bureau, or the registrar to	2789
restrain the exercise of any power or authority, or to entertain	2790
any action for declaratory judgment, in the selection and	2791
appointment of, or contracting with, deputy registrars. Neither	2792
the department, the director, the bureau, nor the registrar is	2793
liable in any action at law for damages sustained by any person	2794
because of any acts of the department, the director, the bureau,	2795
or the registrar, or of any employee of the department or bureau,	2796
in the performance of official duties in the selection and	2797
appointment of, and contracting with, deputy registrars.	2798

(G) The registrar shall assign to each deputy registrar a	2799
series of numbers sufficient to supply the demand at all times in	2800
the area the deputy registrar serves, and the registrar shall keep	2801
a record in the registrar's office of the numbers within the	2802
series assigned. Each deputy shall be required to give bond in the	2803
amount of at least twenty-five thousand dollars, or in such higher	2804
amount as the registrar determines necessary, based on a uniform	2805
schedule of bond amounts established by the registrar and	2806
determined by the volume of registrations handled by the deputy.	2807
The form of the bond shall be prescribed by the registrar. The	2808
bonds required of deputy registrars, in the discretion of the	2809
registrar, may be individual or schedule bonds or may be included	2810
in any blanket bond coverage carried by the department.	2811

(H) Each deputy registrar shall keep a file of each	2812
application received by the deputy and shall register that motor	2813
vehicle with the name and address of its owner.	2814

(I) Upon request, a deputy registrar shall make the physical	2815
inspection of a motor vehicle and issue the physical inspection	2816
certificate required in section 4505.061 of the Revised Code.	2817

(J) Each deputy registrar shall file a report semi-annually	2818
with the registrar of motor vehicles listing the number of	2819
applicants for licenses the deputy has served, the number of voter	2820
registration applications the deputy has completed and transmitted	2821
to the board of elections, and the number of voter registration	2822
applications declined.	2823

Sec. 4517.32.  Subject to sections 119.01 to 119.12 of the	2824
Revised Code, the motor vehicle dealers board may make such	2825
reasonable rules as are necessary to carry out and effect its	2826
duties under this chapter, including such rules as are necessary	2827
relating to the time, place, and manner of conducting hearings on	2828
the issuance, suspension, or revocation of licenses, and on	2829
protests filed under sections 4517.50, 4517.52, 4517.53, 4517.54,	2830
and 4517.56 of the Revised Code. The board may hear testimony in	2831
matters relating to the duties imposed upon it and the president	2832
and the secretary of the board may administer oaths. The board may	2833
require any proof it considers advisable and may require the	2834
attendance of such witnesses and the production of such books,	2835
records, and papers as it desires at any hearing before it or	2836
relating to any matter that it has authority to investigate. The	2837
board may, through its secretary, issue a subpoena for any	2838
witness, or a subpoena duces tecum for the production of any	2839
books, records, and papers, directed to the sheriff of the county	2840
where such witness resides or is found, which subpoena shall be	2841
served and returned in the same manner as a subpoena in a criminal	2842
case.	2843

The fees and mileage of the sheriff and witnesses shall be	2844
the same as that allowed in the court of common pleas in criminal	2845
cases and. Witnesses shall be paid the fees and mileage provided	2846
for under section 119.094 of the Revised Code. The fees and	2847
mileage shall be paid in the same manner as other expenses of the	2848
board.	2849

Depositions of witnesses residing within or without the state	2850
may be taken by the board in the manner prescribed for like	2851
depositions in civil actions in the court of common pleas. In any	2852
case of disobedience to or neglect of any subpoena served on any	2853
person, or the refusal of any witness to testify to any matter	2854
regarding which the witness may lawfully be interrogated, the	2855
court of common pleas of any county where such disobedience,	2856
neglect, or refusal occurs, or any judge thereof on application of	2857
the secretary of the board, shall compel obedience by attachment	2858
proceedings for contempt as in the case of disobedience of a	2859
subpoena issued from such court or a refusal to testify therein.	2860

Sec. 4701.29.  (A) The accountancy board may investigate	2861
whether a person has violated any provision of this chapter or	2862
rule adopted under it before commencing a disciplinary proceeding	2863
pursuant to section 4701.16 of the Revised Code or taking legal	2864
action pursuant to section 4701.18 of the Revised Code. An	2865
investigation under this section is not subject to Chapter 119. of	2866
the Revised Code.	2867

The board may appoint a committee of board members or staff	2868
employed by the board to conduct an investigation.	2869
notwithstanding any statute or rule to the contrary, a board	2870
member who participates in an investigation may participate	2871
actively in any hearing or proceeding to the same extent as a	2872
board member who did not participate in the investigation.	2873

(B) During an investigation, the board may administer oaths,	2874
order the taking of depositions, issue subpoenas, compel the	2875
attendance and testimony of a person at a deposition, and compel	2876
the production of any form of documentary evidence or record.	2877
Subpoenas and orders to compel under this section may be served by	2878
a designee of the board or by certified mail, return receipt	2879
requested, to the residence or place of business of the	2880
individual, professional association, firm, corporation,	2881
partnership, sole proprietorship, limited liability company, or	2882
other business organization named in the subpoena or order.	2883

(C)(1) Any witness who appears in response to a subpoena of	2884
the board may request, and shall receive within a reasonable time	2885
after making the request, the fees and mileage provided for	2886
witnesses in civil cases in the courts of common pleas in this	2887
stateunder section 119.094 of the Revised Code.	2888

(2) If a person fails to comply with a subpoena or order	2889
issued by the board under this section, the board may apply to the	2890
Franklin county court of common pleas for an order compelling	2891
compliance with the board's subpoena or order. Upon application by	2892
the board and upon evidence of the person's failure to comply, the	2893
court shall compel the appearance of the persons or the production	2894
of the documents named in the board's subpoena or order in	2895
accordance with the Rules of Civil Procedure. The court also may	2896
issue any contempt citation and sanction the court deems	2897
appropriate.	2898

(D) The investigative proceedings of the board under this	2899
section are not a public record under section 149.43 of the	2900
Revised Code, are confidential, and are not subject to discovery	2901
in any civil or administrative action or proceeding.	2902

Sec. 4723.29.  In addition to the powers conferred upon the	2903
board of nursing by Chapter 119. of the Revised Code, the board	2904
may subpoena witnesses and require their attendance, require the	2905
testimony of witnesses and require the production by witnesses of	2906
books, papers, public records, and other documentary evidence, and	2907
examine them as it may require in relation to any matter which it	2908
has authority to investigate, inquire into, or hear.	2909

A subpoena for patient record information shall be issued	2910
only upon approval of the executive director of the board, and the	2911
president or another member of the board designated by the	2912
president, in consultation with the office of the attorney	2913
general. Before issuance of any such subpoena, the executive	2914
director and the office of the attorney general shall determine	2915
whether there is probable cause to believe that the complaint	2916
filed alleges a violation of this chapter or any rule of the	2917
board, that the records sought are relevant to the alleged	2918
violation and material to the investigation, and that the records	2919
cover a reasonable period of time surrounding the alleged	2920
violation.	2921

Upon failure to comply with any subpoena issued by the board	2922
and after reasonable notice to the person being subpoenaed, the	2923
board may move for an order compelling the production of persons	2924
or records pursuant to Ohio Rules of Civil Procedure.	2925

Each officer who serves such subpoena shall receive the same	2926
fees as a sheriff, and each witness who appears, in obedience to a	2927
subpoena, before the board, shall receive the fees and mileage	2928
provided for witnesses in civil cases in courts of common pleas	2929
under section 119.094 of the Revised Code.	2930

Sec. 4725.23.  (A) The state board of optometry shall	2931
investigate evidence that appears to show that a person has	2932
violated any provision of sections 4725.01 to 4725.34 of the	2933
Revised Code or any rule adopted under those sections.	2934
Investigations of alleged violations shall be supervised by the	2935
member of the board appointed by the board to act as the	2936
supervising member of investigations. The supervising member	2937
shall not participate in the final vote that occurs in an	2938
adjudication of the case.	2939

(B) In investigating a possible violation, the board may	2940
administer oaths, order the taking of depositions, issue	2941
subpoenas, and compel the attendance of witnesses and production	2942
of books, accounts, papers, records, documents, and testimony. A	2943
subpoena for patient record information shall not be issued	2944
without consultation with the attorney general's office and	2945
approval of the secretary of the board and the board's supervising	2946
member of investigations. Before issuance of a subpoena for	2947
patient record information, the secretary and supervising member	2948
shall determine whether there is probable cause to believe that	2949
the complaint filed alleges a violation of sections 4725.01 to	2950
4725.34 of the Revised Code or any rule adopted under those	2951
sections and that the records sought are relevant to the alleged	2952
violation and material to the investigation. The subpoena may	2953
apply only to records that cover a reasonable period of time	2954
surrounding the alleged violation.	2955

On failure to comply with any subpoena issued by the board	2956
and after reasonable notice to the person being subpoenaed, the	2957
board may move for an order compelling the production of persons	2958
or records pursuant to the Rules of Civil Procedure.	2959

A subpoena issued by the board may be served by a sheriff,	2960
the sheriff's deputy, or a board employee designated by the board.	2961
Service of a subpoena issued by the board may be made by	2962
delivering a copy of the subpoena to the person named therein,	2963
reading it to the person, or leaving it at the person's usual	2964
place of residence. When the person being served is an optometrist	2965
licensed under this chapter, service of the subpoena may be made	2966
by certified mail, restricted delivery, return receipt requested,	2967
and the subpoena shall be deemed served on the date delivery is	2968
made or the date the optometrist refuses to accept delivery.	2969

Each witness who appears before the board in obedience to a	2970
subpoena shall receive the fees and mileage provided for witnesses	2971
in civil cases in the courts of common pleasunder section 119.094	2972
of the Revised Code.	2973

(C) Information received by the board pursuant to an	2974
investigation is confidential and not subject to discovery in any	2975
civil action.	2976

The board shall conduct all investigations and proceedings in	2977
a manner that protects the confidentiality of patients and persons	2978
who file complaints with the board. The board shall not make	2979
public the names or any other identifying information about	2980
patients or complainants unless proper consent is given.	2981

The board may share any information it receives pursuant to	2982
an investigation, including patient records and patient record	2983
information, with other licensing boards and governmental agencies	2984
that are investigating alleged professional misconduct and with	2985
law enforcement agencies and other governmental agencies that are	2986
investigating or prosecuting alleged criminal offenses. A board or	2987
agency that receives the information shall comply with the same	2988
requirements regarding confidentiality as those with which the	2989
state board of optometry must comply, notwithstanding any	2990
conflicting provision of the Revised Code or procedure of the	2991
board or agency that applies when the board or agency is dealing	2992
with other information in its possession. The information may be	2993
admitted into evidence in a criminal trial in accordance with the	2994
Rules of Evidence, but the court shall require that appropriate	2995
measures are taken to ensure that confidentiality is maintained	2996
with respect to any part of the information that contains names or	2997
other identifying information about persons whose confidentiality	2998
was protected by the state board of optometry when the information	2999
was in the board's possession. Measures to ensure confidentiality	3000
that may be taken by the court include sealing its records or	3001
deleting specific information from its records.	3002

Sec. 4728.05.  (A) The superintendent of financial	3003
institutions may, either personally or by a person whom the	3004
superintendent appoints for the purpose, if the superintendent	3005
considers it advisable, investigate the business of every person	3006
licensed as a precious metals dealer under this chapter, and of	3007
every person, partnership, and corporation by whom or for which	3008
any purchase is made, whether the person, partnership, or	3009
corporation acts, or claims to act, as principal, agent, or	3010
broker, or under, or without the authority of this chapter, and	3011
for that purpose shall have free access to the books and papers	3012
thereof and other sources of information with regard to the	3013
business of the licensee or person and whether the business has	3014
been or is being transacted in accordance with this chapter. The	3015
superintendent and every examiner may examine, under oath or	3016
affirmation, any person whose testimony may relate to any business	3017
coming within this chapter.	3018

(B) In making any investigation or conducting any hearing	3019
pursuant to this section, the superintendent or a person	3020
designated by the superintendent, at any time, may do any of the	3021
following:	3022

(1) Compel by subpoena the attendance of witnesses;

3023

(2) Take depositions of witnesses residing without the state	3024
in the manner provided for in civil actions;	3025

(3) Pay witnesses the fees and mileage for their attendance	3026
provided for witnesses in civil actionsunder section 119.094 of	3027
the Revised Code;	3028

(4) Administer oaths;

3029

(5) Compel by order or subpoena duces tecum the production of	3030
all relevant books, records, accounts, and other documents and	3031
examine such books, records, accounts, and other documents.	3032

(C) If a person fails to comply with a subpoena or subpoena	3033
duces tecum, the superintendent may apply to the court of common	3034
pleas of Franklin county for an order compelling the person to	3035
comply with the subpoena or subpoena duces tecum or, for failure	3036
to do so, an order holding the person in contempt of court. The	3037
superintendent, in accordance with section 4728.03 of the Revised	3038
Code, may suspend or revoke the license of any precious metals	3039
dealer who fails to comply with this division.	3040

(D) In connection with any investigation under this section,	3041
the superintendent may file an action in the court of common pleas	3042
of Franklin county or the court of common pleas of the county in	3043
which the person who is the subject of the investigation resides	3044
to obtain an injunction, a temporary restraining order, or other	3045
appropriate relief, if it appears to the superintendent that the	3046
person is engaging in actions or threatening to engage in actions	3047
in violation of this chapter.	3048

(E) If in an investigation under this section the	3049
superintendent determines that a person not licensed under this	3050
chapter, or an employee of that person, has been or is engaged or	3051
is threatening to engage in activities for which a license is	3052
required under this chapter, the superintendent may issue an order	3053
to that person requiring the person to show cause why the person	3054
should not be subject to licensure under this chapter. If the	3055
superintendent determines, after notice and a hearing conducted in	3056
accordance with Chapter 119. of the Revised Code, that a person is	3057
engaged in, or is threatening to engage in activities that	3058
constitute a violation of this chapter, the superintendent may	3059
issue a cease and desist order that describes the person and	3060
activities that are subject to the order and may impose upon the	3061
person a penalty of not less than one hundred nor more than ten	3062
thousand dollars for a violation of this chapter. Any cease and	3063
desist order and any penalty issued under this section are	3064
enforceable in and may be appealed to a court of common pleas	3065
pursuant to Chapter 119. of the Revised Code.	3066

Sec. 4730.26.  (A) The state medical board shall investigate	3067
evidence that appears to show that any person has violated this	3068
chapter or a rule adopted under it. In an investigation involving	3069
the practice or supervision of a physician assistant pursuant to	3070
the policies of a health care facility, the board may require that	3071
the health care facility provide any information the board	3072
considers necessary to identify either or both of the following:	3073

(1) The facility's policies for the practice of physician	3074
assistants within the facility;	3075

(2) The services that the facility has authorized a	3076
particular physician assistant to provide for the facility.	3077

(B) Any person may report to the board in a signed writing	3078
any information the person has that appears to show a violation of	3079
any provision of this chapter or rule adopted under it. In the	3080
absence of bad faith, a person who reports such information or	3081
testifies before the board in an adjudication conducted under	3082
Chapter 119. of the Revised Code shall not be liable for civil	3083
damages as a result of reporting the information or providing	3084
testimony. Each complaint or allegation of a violation received by	3085
the board shall be assigned a case number and be recorded by the	3086
board.	3087

(C) Investigations of alleged violations of this chapter or	3088
rules adopted under it shall be supervised by the supervising	3089
member elected by the board in accordance with section 4731.02 of	3090
the Revised Code and by the secretary as provided in section	3091
4730.33 of the Revised Code. The president may designate another	3092
member of the board to supervise the investigation in place of the	3093
supervising member. A member of the board who supervises the	3094
investigation of a case shall not participate in further	3095
adjudication of the case.	3096

(D) In investigating a possible violation of this chapter or	3097
a rule adopted under it, the board may administer oaths, order the	3098
taking of depositions, issue subpoenas, and compel the attendance	3099
of witnesses and production of books, accounts, papers, records,	3100
documents, and testimony, except that a subpoena for patient	3101
record information shall not be issued without consultation with	3102
the attorney general's office and approval of the secretary and	3103
supervising member of the board. Before issuance of a subpoena for	3104
patient record information, the secretary and supervising member	3105
shall determine whether there is probable cause to believe that	3106
the complaint filed alleges a violation of this chapter or a rule	3107
adopted under it and that the records sought are relevant to the	3108
alleged violation and material to the investigation. The subpoena	3109
may apply only to records that cover a reasonable period of time	3110
surrounding the alleged violation.	3111

On failure to comply with any subpoena issued by the board	3112
and after reasonable notice to the person being subpoenaed, the	3113
board may move for an order compelling the production of persons	3114
or records pursuant to the Rules of Civil Procedure.	3115

A subpoena issued by the board may be served by a sheriff,	3116
the sheriff's deputy, or a board employee designated by the board.	3117
Service of a subpoena issued by the board may be made by	3118
delivering a copy of the subpoena to the person named therein,	3119
reading it to the person, or leaving it at the person's usual	3120
place of residence. When the person being served is a physician	3121
assistant, service of the subpoena may be made by certified mail,	3122
restricted delivery, return receipt requested, and the subpoena	3123
shall be deemed served on the date delivery is made or the date	3124
the person refuses to accept delivery.	3125

A sheriff's deputy who serves a subpoena shall receive the	3126
same fees as a sheriff. Each witness who appears before the board	3127
in obedience to a subpoena shall receive the fees and mileage	3128
provided for witnesses in civil cases in the courts of common	3129
pleasunder section 119.094 of the Revised Code.	3130

(E) All hearings and investigations of the board shall be	3131
considered civil actions for the purposes of section 2305.252 of	3132
the Revised Code.	3133

(F) Information received by the board pursuant to an	3134
investigation is confidential and not subject to discovery in any	3135
civil action.	3136

The board shall conduct all investigations and proceedings in	3137
a manner that protects the confidentiality of patients and persons	3138
who file complaints with the board. The board shall not make	3139
public the names or any other identifying information about	3140
patients or complainants unless proper consent is given or, in the	3141
case of a patient, a waiver of the patient privilege exists under	3142
division (B) of section 2317.02 of the Revised Code, except that	3143
consent or a waiver is not required if the board possesses	3144
reliable and substantial evidence that no bona fide	3145
physician-patient relationship exists.	3146

The board may share any information it receives pursuant to	3147
an investigation, including patient records and patient record	3148
information, with law enforcement agencies, other licensing	3149
boards, and other governmental agencies that are prosecuting,	3150
adjudicating, or investigating alleged violations of statutes or	3151
administrative rules. An agency or board that receives the	3152
information shall comply with the same requirements regarding	3153
confidentiality as those with which the state medical board must	3154
comply, notwithstanding any conflicting provision of the Revised	3155
Code or procedure of the agency or board that applies when it is	3156
dealing with other information in its possession. In a judicial	3157
proceeding, the information may be admitted into evidence only in	3158
accordance with the Rules of Evidence, but the court shall require	3159
that appropriate measures are taken to ensure that confidentiality	3160
is maintained with respect to any part of the information that	3161
contains names or other identifying information about patients or	3162
complainants whose confidentiality was protected by the state	3163
medical board when the information was in the board's possession.	3164
Measures to ensure confidentiality that may be taken by the court	3165
include sealing its records or deleting specific information from	3166
its records.	3167

(G) The state medical board shall develop requirements for	3168
and provide appropriate initial and continuing training for	3169
investigators employed by the board to carry out its duties under	3170
this chapter. The training and continuing education may include	3171
enrollment in courses operated or approved by the Ohio peace	3172
officer training council that the board considers appropriate	3173
under conditions set forth in section 109.79 of the Revised Code.	3174

(H) On a quarterly basis, the board shall prepare a report	3175
that documents the disposition of all cases during the preceding	3176
three months. The report shall contain the following information	3177
for each case with which the board has completed its activities:	3178

(1) The case number assigned to the complaint or alleged	3179
violation;	3180

(2) The type of certificate, if any, held by the individual	3181
against whom the complaint is directed;	3182

(3) A description of the allegations contained in the	3183
complaint;	3184

(4) The disposition of the case.

3185

The report shall state how many cases are still pending, and	3186
shall be prepared in a manner that protects the identity of each	3187
person involved in each case. The report shall be submitted to the	3188
physician assistant policy committee of the board and is a public	3189
record for purposes of section 149.43 of the Revised Code.	3190

Sec. 4731.22.  (A) The state medical board, by an affirmative	3191
vote of not fewer than six of its members, may revoke or may	3192
refuse to grant a certificate to a person found by the board to	3193
have committed fraud during the administration of the examination	3194
for a certificate to practice or to have committed fraud,	3195
misrepresentation, or deception in applying for or securing any	3196
certificate to practice or certificate of registration issued by	3197
the board.	3198

(B) The board, by an affirmative vote of not fewer than six	3199
members, shall, to the extent permitted by law, limit, revoke, or	3200
suspend an individual's certificate to practice, refuse to	3201
register an individual, refuse to reinstate a certificate, or	3202
reprimand or place on probation the holder of a certificate for	3203
one or more of the following reasons:	3204

(1) Permitting one's name or one's certificate to practice or	3205
certificate of registration to be used by a person, group, or	3206
corporation when the individual concerned is not actually	3207
directing the treatment given;	3208

(2) Failure to maintain minimal standards applicable to the	3209
selection or administration of drugs, or failure to employ	3210
acceptable scientific methods in the selection of drugs or other	3211
modalities for treatment of disease;	3212

(3) Selling, giving away, personally furnishing, prescribing,	3213
or administering drugs for other than legal and legitimate	3214
therapeutic purposes or a plea of guilty to, a judicial finding of	3215
guilt of, or a judicial finding of eligibility for intervention in	3216
lieu of conviction of, a violation of any federal or state law	3217
regulating the possession, distribution, or use of any drug;	3218

(4) Willfully betraying a professional confidence.

3219

For purposes of this division, "willfully betraying a	3220
professional confidence" does not include providing any	3221
information, documents, or reports to a child fatality review	3222
board under sections 307.621 to 307.629 of the Revised Code and	3223
does not include the making of a report of an employee's use of a	3224
drug of abuse, or a report of a condition of an employee other	3225
than one involving the use of a drug of abuse, to the employer of	3226
the employee as described in division (B) of section 2305.33 of	3227
the Revised Code. Nothing in this division affects the immunity	3228
from civil liability conferred by that section upon a physician	3229
who makes either type of report in accordance with division (B) of	3230
that section. As used in this division, "employee," "employer,"	3231
and "physician" have the same meanings as in section 2305.33 of	3232
the Revised Code.	3233

(5) Making a false, fraudulent, deceptive, or misleading	3234
statement in the solicitation of or advertising for patients; in	3235
relation to the practice of medicine and surgery, osteopathic	3236
medicine and surgery, podiatric medicine and surgery, or a limited	3237
branch of medicine; or in securing or attempting to secure any	3238
certificate to practice or certificate of registration issued by	3239
the board.	3240

As used in this division, "false, fraudulent, deceptive, or	3241
misleading statement" means a statement that includes a	3242
misrepresentation of fact, is likely to mislead or deceive because	3243
of a failure to disclose material facts, is intended or is likely	3244
to create false or unjustified expectations of favorable results,	3245
or includes representations or implications that in reasonable	3246
probability will cause an ordinarily prudent person to	3247
misunderstand or be deceived.	3248

(6) A departure from, or the failure to conform to, minimal	3249
standards of care of similar practitioners under the same or	3250
similar circumstances, whether or not actual injury to a patient	3251
is established;	3252

(7) Representing, with the purpose of obtaining compensation	3253
or other advantage as personal gain or for any other person, that	3254
an incurable disease or injury, or other incurable condition, can	3255
be permanently cured;	3256

(8) The obtaining of, or attempting to obtain, money or	3257
anything of value by fraudulent misrepresentations in the course	3258
of practice;	3259

(9) A plea of guilty to, a judicial finding of guilt of, or a	3260
judicial finding of eligibility for intervention in lieu of	3261
conviction for, a felony;	3262

(10) Commission of an act that constitutes a felony in this	3263
state, regardless of the jurisdiction in which the act was	3264
committed;	3265

(11) A plea of guilty to, a judicial finding of guilt of, or	3266
a judicial finding of eligibility for intervention in lieu of	3267
conviction for, a misdemeanor committed in the course of practice;	3268

(12) Commission of an act in the course of practice that	3269
constitutes a misdemeanor in this state, regardless of the	3270
jurisdiction in which the act was committed;	3271

(13) A plea of guilty to, a judicial finding of guilt of, or	3272
a judicial finding of eligibility for intervention in lieu of	3273
conviction for, a misdemeanor involving moral turpitude;	3274

(14) Commission of an act involving moral turpitude that	3275
constitutes a misdemeanor in this state, regardless of the	3276
jurisdiction in which the act was committed;	3277

(15) Violation of the conditions of limitation placed by the	3278
board upon a certificate to practice;	3279

(16) Failure to pay license renewal fees specified in this	3280
chapter;	3281

(17) Except as authorized in section 4731.31 of the Revised	3282
Code, engaging in the division of fees for referral of patients,	3283
or the receiving of a thing of value in return for a specific	3284
referral of a patient to utilize a particular service or business;	3285

(18) Subject to section 4731.226 of the Revised Code,	3286
violation of any provision of a code of ethics of the American	3287
medical association, the American osteopathic association, the	3288
American podiatric medical association, or any other national	3289
professional organizations that the board specifies by rule. The	3290
state medical board shall obtain and keep on file current copies	3291
of the codes of ethics of the various national professional	3292
organizations. The individual whose certificate is being suspended	3293
or revoked shall not be found to have violated any provision of a	3294
code of ethics of an organization not appropriate to the	3295
individual's profession.	3296

For purposes of this division, a "provision of a code of	3297
ethics of a national professional organization" does not include	3298
any provision that would preclude the making of a report by a	3299
physician of an employee's use of a drug of abuse, or of a	3300
condition of an employee other than one involving the use of a	3301
drug of abuse, to the employer of the employee as described in	3302
division (B) of section 2305.33 of the Revised Code. Nothing in	3303
this division affects the immunity from civil liability conferred	3304
by that section upon a physician who makes either type of report	3305
in accordance with division (B) of that section. As used in this	3306
division, "employee," "employer," and "physician" have the same	3307
meanings as in section 2305.33 of the Revised Code.	3308

(19) Inability to practice according to acceptable and	3309
prevailing standards of care by reason of mental illness or	3310
physical illness, including, but not limited to, physical	3311
deterioration that adversely affects cognitive, motor, or	3312
perceptive skills.	3313

In enforcing this division, the board, upon a showing of a	3314
possible violation, may compel any individual authorized to	3315
practice by this chapter or who has submitted an application	3316
pursuant to this chapter to submit to a mental examination,	3317
physical examination, including an HIV test, or both a mental and	3318
a physical examination. The expense of the examination is the	3319
responsibility of the individual compelled to be examined. Failure	3320
to submit to a mental or physical examination or consent to an HIV	3321
test ordered by the board constitutes an admission of the	3322
allegations against the individual unless the failure is due to	3323
circumstances beyond the individual's control, and a default and	3324
final order may be entered without the taking of testimony or	3325
presentation of evidence. If the board finds an individual unable	3326
to practice because of the reasons set forth in this division, the	3327
board shall require the individual to submit to care, counseling,	3328
or treatment by physicians approved or designated by the board, as	3329
a condition for initial, continued, reinstated, or renewed	3330
authority to practice. An individual affected under this division	3331
shall be afforded an opportunity to demonstrate to the board the	3332
ability to resume practice in compliance with acceptable and	3333
prevailing standards under the provisions of the individual's	3334
certificate. For the purpose of this division, any individual who	3335
applies for or receives a certificate to practice under this	3336
chapter accepts the privilege of practicing in this state and, by	3337
so doing, shall be deemed to have given consent to submit to a	3338
mental or physical examination when directed to do so in writing	3339
by the board, and to have waived all objections to the	3340
admissibility of testimony or examination reports that constitute	3341
a privileged communication.	3342

(20) Except when civil penalties are imposed under section	3343
4731.225 or 4731.281 of the Revised Code, and subject to section	3344
4731.226 of the Revised Code, violating or attempting to violate,	3345
directly or indirectly, or assisting in or abetting the violation	3346
of, or conspiring to violate, any provisions of this chapter or	3347
any rule promulgated by the board.	3348

This division does not apply to a violation or attempted	3349
violation of, assisting in or abetting the violation of, or a	3350
conspiracy to violate, any provision of this chapter or any rule	3351
adopted by the board that would preclude the making of a report by	3352
a physician of an employee's use of a drug of abuse, or of a	3353
condition of an employee other than one involving the use of a	3354
drug of abuse, to the employer of the employee as described in	3355
division (B) of section 2305.33 of the Revised Code. Nothing in	3356
this division affects the immunity from civil liability conferred	3357
by that section upon a physician who makes either type of report	3358
in accordance with division (B) of that section. As used in this	3359
division, "employee," "employer," and "physician" have the same	3360
meanings as in section 2305.33 of the Revised Code.	3361

(21) The violation of section 3701.79 of the Revised Code or	3362
of any abortion rule adopted by the public health council pursuant	3363
to section 3701.341 of the Revised Code;	3364

(22) Any of the following actions taken by the agency	3365
responsible for regulating the practice of medicine and surgery,	3366
osteopathic medicine and surgery, podiatric medicine and surgery,	3367
or the limited branches of medicine in another jurisdiction, for	3368
any reason other than the nonpayment of fees: the limitation,	3369
revocation, or suspension of an individual's license to practice;	3370
acceptance of an individual's license surrender; denial of a	3371
license; refusal to renew or reinstate a license; imposition of	3372
probation; or issuance of an order of censure or other reprimand;	3373

(23) The violation of section 2919.12 of the Revised Code or	3374
the performance or inducement of an abortion upon a pregnant woman	3375
with actual knowledge that the conditions specified in division	3376
(B) of section 2317.56 of the Revised Code have not been satisfied	3377
or with a heedless indifference as to whether those conditions	3378
have been satisfied, unless an affirmative defense as specified in	3379
division (H)(2) of that section would apply in a civil action	3380
authorized by division (H)(1) of that section;	3381

(24) The revocation, suspension, restriction, reduction, or	3382
termination of clinical privileges by the United States department	3383
of defense or department of veterans affairs or the termination or	3384
suspension of a certificate of registration to prescribe drugs by	3385
the drug enforcement administration of the United States	3386
department of justice;	3387

(25) Termination or suspension from participation in the	3388
medicare or medicaid programs by the department of health and	3389
human services or other responsible agency for any act or acts	3390
that also would constitute a violation of division (B)(2), (3),	3391
(6), (8), or (19) of this section;	3392

(26) Impairment of ability to practice according to	3393
acceptable and prevailing standards of care because of habitual or	3394
excessive use or abuse of drugs, alcohol, or other substances that	3395
impair ability to practice.	3396

For the purposes of this division, any individual authorized	3397
to practice by this chapter accepts the privilege of practicing in	3398
this state subject to supervision by the board. By filing an	3399
application for or holding a certificate to practice under this	3400
chapter, an individual shall be deemed to have given consent to	3401
submit to a mental or physical examination when ordered to do so	3402
by the board in writing, and to have waived all objections to the	3403
admissibility of testimony or examination reports that constitute	3404
privileged communications.	3405

If it has reason to believe that any individual authorized to	3406
practice by this chapter or any applicant for certification to	3407
practice suffers such impairment, the board may compel the	3408
individual to submit to a mental or physical examination, or both.	3409
The expense of the examination is the responsibility of the	3410
individual compelled to be examined. Any mental or physical	3411
examination required under this division shall be undertaken by a	3412
treatment provider or physician who is qualified to conduct the	3413
examination and who is chosen by the board.	3414

Failure to submit to a mental or physical examination ordered	3415
by the board constitutes an admission of the allegations against	3416
the individual unless the failure is due to circumstances beyond	3417
the individual's control, and a default and final order may be	3418
entered without the taking of testimony or presentation of	3419
evidence. If the board determines that the individual's ability to	3420
practice is impaired, the board shall suspend the individual's	3421
certificate or deny the individual's application and shall require	3422
the individual, as a condition for initial, continued, reinstated,	3423
or renewed certification to practice, to submit to treatment.	3424

Before being eligible to apply for reinstatement of a	3425
certificate suspended under this division, the impaired	3426
practitioner shall demonstrate to the board the ability to resume	3427
practice in compliance with acceptable and prevailing standards of	3428
care under the provisions of the practitioner's certificate. The	3429
demonstration shall include, but shall not be limited to, the	3430
following:	3431

(a) Certification from a treatment provider approved under	3432
section 4731.25 of the Revised Code that the individual has	3433
successfully completed any required inpatient treatment;	3434

(b) Evidence of continuing full compliance with an aftercare	3435
contract or consent agreement;	3436

(c) Two written reports indicating that the individual's	3437
ability to practice has been assessed and that the individual has	3438
been found capable of practicing according to acceptable and	3439
prevailing standards of care. The reports shall be made by	3440
individuals or providers approved by the board for making the	3441
assessments and shall describe the basis for their determination.	3442

The board may reinstate a certificate suspended under this	3443
division after that demonstration and after the individual has	3444
entered into a written consent agreement.	3445

When the impaired practitioner resumes practice, the board	3446
shall require continued monitoring of the individual. The	3447
monitoring shall include, but not be limited to, compliance with	3448
the written consent agreement entered into before reinstatement or	3449
with conditions imposed by board order after a hearing, and, upon	3450
termination of the consent agreement, submission to the board for	3451
at least two years of annual written progress reports made under	3452
penalty of perjury stating whether the individual has maintained	3453
sobriety.	3454

(27) A second or subsequent violation of section 4731.66 or	3455
4731.69 of the Revised Code;	3456

(28) Except as provided in division (N) of this section:

3457

(a) Waiving the payment of all or any part of a deductible or	3458
copayment that a patient, pursuant to a health insurance or health	3459
care policy, contract, or plan that covers the individual's	3460
services, otherwise would be required to pay if the waiver is used	3461
as an enticement to a patient or group of patients to receive	3462
health care services from that individual;	3463

(b) Advertising that the individual will waive the payment of	3464
all or any part of a deductible or copayment that a patient,	3465
pursuant to a health insurance or health care policy, contract, or	3466
plan that covers the individual's services, otherwise would be	3467
required to pay.	3468

(29) Failure to use universal blood and body fluid	3469
precautions established by rules adopted under section 4731.051 of	3470
the Revised Code;	3471

(30) Failure to provide notice to, and receive acknowledgment	3472
of the notice from, a patient when required by section 4731.143 of	3473
the Revised Code prior to providing nonemergency professional	3474
services, or failure to maintain that notice in the patient's	3475
file;	3476

(31) Failure of a physician supervising a physician assistant	3477
to maintain supervision in accordance with the requirements of	3478
Chapter 4730. of the Revised Code and the rules adopted under that	3479
chapter;	3480

(32) Failure of a physician or podiatrist to enter into a	3481
standard care arrangement with a clinical nurse specialist,	3482
certified nurse-midwife, or certified nurse practitioner with whom	3483
the physician or podiatrist is in collaboration pursuant to	3484
section 4731.27 of the Revised Code or failure to fulfill the	3485
responsibilities of collaboration after entering into a standard	3486
care arrangement;	3487

(33) Failure to comply with the terms of a consult agreement	3488
entered into with a pharmacist pursuant to section 4729.39 of the	3489
Revised Code;	3490

(34) Failure to cooperate in an investigation conducted by	3491
the board under division (F) of this section, including failure to	3492
comply with a subpoena or order issued by the board or failure to	3493
answer truthfully a question presented by the board at a	3494
deposition or in written interrogatories, except that failure to	3495
cooperate with an investigation shall not constitute grounds for	3496
discipline under this section if a court of competent jurisdiction	3497
has issued an order that either quashes a subpoena or permits the	3498
individual to withhold the testimony or evidence in issue;	3499

(35) Failure to supervise an acupuncturist in accordance with	3500
Chapter 4762. of the Revised Code and the board's rules for	3501
supervision of an acupuncturist;	3502

(36) Failure to supervise an anesthesiologist assistant in	3503
accordance with Chapter 4760. of the Revised Code and the board's	3504
rules for supervision of an anesthesiologist assistant;	3505

(37) Assisting suicide as defined in section 3795.01 of the	3506
Revised Code;	3507

(38) Failure to comply with the requirements of section	3508
2317.561 of the Revised Code.	3509

(C) Disciplinary actions taken by the board under divisions	3510
(A) and (B) of this section shall be taken pursuant to an	3511
adjudication under Chapter 119. of the Revised Code, except that	3512
in lieu of an adjudication, the board may enter into a consent	3513
agreement with an individual to resolve an allegation of a	3514
violation of this chapter or any rule adopted under it. A consent	3515
agreement, when ratified by an affirmative vote of not fewer than	3516
six members of the board, shall constitute the findings and order	3517
of the board with respect to the matter addressed in the	3518
agreement. If the board refuses to ratify a consent agreement, the	3519
admissions and findings contained in the consent agreement shall	3520
be of no force or effect.	3521

If the board takes disciplinary action against an individual	3522
under division (B) of this section for a second or subsequent plea	3523
of guilty to, or judicial finding of guilt of, a violation of	3524
section 2919.123 of the Revised Code, the disciplinary action	3525
shall consist of a suspension of the individual's certificate to	3526
practice for a period of at least one year or, if determined	3527
appropriate by the board, a more serious sanction involving the	3528
individual's certificate to practice. Any consent agreement	3529
entered into under this division with an individual that pertains	3530
to a second or subsequent plea of guilty to, or judicial finding	3531
of guilt of, a violation of that section shall provide for a	3532
suspension of the individual's certificate to practice for a	3533
period of at least one year or, if determined appropriate by the	3534
board, a more serious sanction involving the individual's	3535
certificate to practice.	3536

(D) For purposes of divisions (B)(10), (12), and (14) of this	3537
section, the commission of the act may be established by a finding	3538
by the board, pursuant to an adjudication under Chapter 119. of	3539
the Revised Code, that the individual committed the act. The board	3540
does not have jurisdiction under those divisions if the trial	3541
court renders a final judgment in the individual's favor and that	3542
judgment is based upon an adjudication on the merits. The board	3543
has jurisdiction under those divisions if the trial court issues	3544
an order of dismissal upon technical or procedural grounds.	3545

(E) The sealing of conviction records by any court shall have	3546
no effect upon a prior board order entered under this section or	3547
upon the board's jurisdiction to take action under this section	3548
if, based upon a plea of guilty, a judicial finding of guilt, or a	3549
judicial finding of eligibility for intervention in lieu of	3550
conviction, the board issued a notice of opportunity for a hearing	3551
prior to the court's order to seal the records. The board shall	3552
not be required to seal, destroy, redact, or otherwise modify its	3553
records to reflect the court's sealing of conviction records.	3554

(F)(1) The board shall investigate evidence that appears to	3555
show that a person has violated any provision of this chapter or	3556
any rule adopted under it. Any person may report to the board in a	3557
signed writing any information that the person may have that	3558
appears to show a violation of any provision of this chapter or	3559
any rule adopted under it. In the absence of bad faith, any person	3560
who reports information of that nature or who testifies before the	3561
board in any adjudication conducted under Chapter 119. of the	3562
Revised Code shall not be liable in damages in a civil action as a	3563
result of the report or testimony. Each complaint or allegation of	3564
a violation received by the board shall be assigned a case number	3565
and shall be recorded by the board.	3566

(2) Investigations of alleged violations of this chapter or	3567
any rule adopted under it shall be supervised by the supervising	3568
member elected by the board in accordance with section 4731.02 of	3569
the Revised Code and by the secretary as provided in section	3570
4731.39 of the Revised Code. The president may designate another	3571
member of the board to supervise the investigation in place of the	3572
supervising member. No member of the board who supervises the	3573
investigation of a case shall participate in further adjudication	3574
of the case.	3575

(3) In investigating a possible violation of this chapter or	3576
any rule adopted under this chapter, the board may administer	3577
oaths, order the taking of depositions, issue subpoenas, and	3578
compel the attendance of witnesses and production of books,	3579
accounts, papers, records, documents, and testimony, except that a	3580
subpoena for patient record information shall not be issued	3581
without consultation with the attorney general's office and	3582
approval of the secretary and supervising member of the board.	3583
Before issuance of a subpoena for patient record information, the	3584
secretary and supervising member shall determine whether there is	3585
probable cause to believe that the complaint filed alleges a	3586
violation of this chapter or any rule adopted under it and that	3587
the records sought are relevant to the alleged violation and	3588
material to the investigation. The subpoena may apply only to	3589
records that cover a reasonable period of time surrounding the	3590
alleged violation.	3591

On failure to comply with any subpoena issued by the board	3592
and after reasonable notice to the person being subpoenaed, the	3593
board may move for an order compelling the production of persons	3594
or records pursuant to the Rules of Civil Procedure.	3595

A subpoena issued by the board may be served by a sheriff,	3596
the sheriff's deputy, or a board employee designated by the board.	3597
Service of a subpoena issued by the board may be made by	3598
delivering a copy of the subpoena to the person named therein,	3599
reading it to the person, or leaving it at the person's usual	3600
place of residence. When the person being served is a person whose	3601
practice is authorized by this chapter, service of the subpoena	3602
may be made by certified mail, restricted delivery, return receipt	3603
requested, and the subpoena shall be deemed served on the date	3604
delivery is made or the date the person refuses to accept	3605
delivery.	3606

A sheriff's deputy who serves a subpoena shall receive the	3607
same fees as a sheriff. Each witness who appears before the board	3608
in obedience to a subpoena shall receive the fees and mileage	3609
provided for witnesses in civil cases in the courts of common	3610
pleasunder section 119.094 of the Revised Code.	3611

(4) All hearings and investigations of the board shall be	3612
considered civil actions for the purposes of section 2305.252 of	3613
the Revised Code.	3614

(5) Information received by the board pursuant to an	3615
investigation is confidential and not subject to discovery in any	3616
civil action.	3617

The board shall conduct all investigations and proceedings in	3618
a manner that protects the confidentiality of patients and persons	3619
who file complaints with the board. The board shall not make	3620
public the names or any other identifying information about	3621
patients or complainants unless proper consent is given or, in the	3622
case of a patient, a waiver of the patient privilege exists under	3623
division (B) of section 2317.02 of the Revised Code, except that	3624
consent or a waiver of that nature is not required if the board	3625
possesses reliable and substantial evidence that no bona fide	3626
physician-patient relationship exists.	3627

The board may share any information it receives pursuant to	3628
an investigation, including patient records and patient record	3629
information, with law enforcement agencies, other licensing	3630
boards, and other governmental agencies that are prosecuting,	3631
adjudicating, or investigating alleged violations of statutes or	3632
administrative rules. An agency or board that receives the	3633
information shall comply with the same requirements regarding	3634
confidentiality as those with which the state medical board must	3635
comply, notwithstanding any conflicting provision of the Revised	3636
Code or procedure of the agency or board that applies when it is	3637
dealing with other information in its possession. In a judicial	3638
proceeding, the information may be admitted into evidence only in	3639
accordance with the Rules of Evidence, but the court shall require	3640
that appropriate measures are taken to ensure that confidentiality	3641
is maintained with respect to any part of the information that	3642
contains names or other identifying information about patients or	3643
complainants whose confidentiality was protected by the state	3644
medical board when the information was in the board's possession.	3645
Measures to ensure confidentiality that may be taken by the court	3646
include sealing its records or deleting specific information from	3647
its records.	3648

(6) On a quarterly basis, the board shall prepare a report	3649
that documents the disposition of all cases during the preceding	3650
three months. The report shall contain the following information	3651
for each case with which the board has completed its activities:	3652

(a) The case number assigned to the complaint or alleged	3653
violation;	3654

(b) The type of certificate to practice, if any, held by the	3655
individual against whom the complaint is directed;	3656

(c) A description of the allegations contained in the	3657
complaint;	3658

(d) The disposition of the case.

3659

The report shall state how many cases are still pending and	3660
shall be prepared in a manner that protects the identity of each	3661
person involved in each case. The report shall be a public record	3662
under section 149.43 of the Revised Code.	3663

(G) If the secretary and supervising member determine that	3664
there is clear and convincing evidence that an individual has	3665
violated division (B) of this section and that the individual's	3666
continued practice presents a danger of immediate and serious harm	3667
to the public, they may recommend that the board suspend the	3668
individual's certificate to practice without a prior hearing.	3669
Written allegations shall be prepared for consideration by the	3670
board.	3671

The board, upon review of those allegations and by an	3672
affirmative vote of not fewer than six of its members, excluding	3673
the secretary and supervising member, may suspend a certificate	3674
without a prior hearing. A telephone conference call may be	3675
utilized for reviewing the allegations and taking the vote on the	3676
summary suspension.	3677

The board shall issue a written order of suspension by	3678
certified mail or in person in accordance with section 119.07 of	3679
the Revised Code. The order shall not be subject to suspension by	3680
the court during pendency of any appeal filed under section 119.12	3681
of the Revised Code. If the individual subject to the summary	3682
suspension requests an adjudicatory hearing by the board, the date	3683
set for the hearing shall be within fifteen days, but not earlier	3684
than seven days, after the individual requests the hearing, unless	3685
otherwise agreed to by both the board and the individual.	3686

Any summary suspension imposed under this division shall	3687
remain in effect, unless reversed on appeal, until a final	3688
adjudicative order issued by the board pursuant to this section	3689
and Chapter 119. of the Revised Code becomes effective. The board	3690
shall issue its final adjudicative order within seventy-five days	3691
after completion of its hearing. A failure to issue the order	3692
within seventy-five days shall result in dissolution of the	3693
summary suspension order but shall not invalidate any subsequent,	3694
final adjudicative order.	3695

(H) If the board takes action under division (B)(9), (11), or	3696
(13) of this section and the judicial finding of guilt, guilty	3697
plea, or judicial finding of eligibility for intervention in lieu	3698
of conviction is overturned on appeal, upon exhaustion of the	3699
criminal appeal, a petition for reconsideration of the order may	3700
be filed with the board along with appropriate court documents.	3701
Upon receipt of a petition of that nature and supporting court	3702
documents, the board shall reinstate the individual's certificate	3703
to practice. The board may then hold an adjudication under Chapter	3704
119. of the Revised Code to determine whether the individual	3705
committed the act in question. Notice of an opportunity for a	3706
hearing shall be given in accordance with Chapter 119. of the	3707
Revised Code. If the board finds, pursuant to an adjudication held	3708
under this division, that the individual committed the act or if	3709
no hearing is requested, the board may order any of the sanctions	3710
identified under division (B) of this section.	3711

(I) The certificate to practice issued to an individual under	3712
this chapter and the individual's practice in this state are	3713
automatically suspended as of the date of the individual's second	3714
or subsequent plea of guilty to, or judicial finding of guilt of,	3715
a violation of section 2919.123 of the Revised Code, or the date	3716
the individual pleads guilty to, is found by a judge or jury to be	3717
guilty of, or is subject to a judicial finding of eligibility for	3718
intervention in lieu of conviction in this state or treatment or	3719
intervention in lieu of conviction in another jurisdiction for any	3720
of the following criminal offenses in this state or a	3721
substantially equivalent criminal offense in another jurisdiction:	3722
aggravated murder, murder, voluntary manslaughter, felonious	3723
assault, kidnapping, rape, sexual battery, gross sexual	3724
imposition, aggravated arson, aggravated robbery, or aggravated	3725
burglary. Continued practice after suspension shall be considered	3726
practicing without a certificate.	3727

The board shall notify the individual subject to the	3728
suspension by certified mail or in person in accordance with	3729
section 119.07 of the Revised Code. If an individual whose	3730
certificate is automatically suspended under this division fails	3731
to make a timely request for an adjudication under Chapter 119. of	3732
the Revised Code, the board shall do whichever of the following is	3733
applicable:	3734

(1) If the automatic suspension under this division is for a	3735
second or subsequent plea of guilty to, or judicial finding of	3736
guilt of, a violation of section 2919.123 of the Revised Code, the	3737
board shall enter an order suspending the individual's certificate	3738
to practice for a period of at least one year or, if determined	3739
appropriate by the board, imposing a more serious sanction	3740
involving the individual's certificate to practice.	3741

(2) In all circumstances in which division (I)(1) of this	3742
section does not apply, enter a final order permanently revoking	3743
the individual's certificate to practice.	3744

(J) If the board is required by Chapter 119. of the Revised	3745
Code to give notice of an opportunity for a hearing and if the	3746
individual subject to the notice does not timely request a hearing	3747
in accordance with section 119.07 of the Revised Code, the board	3748
is not required to hold a hearing, but may adopt, by an	3749
affirmative vote of not fewer than six of its members, a final	3750
order that contains the board's findings. In that final order, the	3751
board may order any of the sanctions identified under division (A)	3752
or (B) of this section.	3753

(K) Any action taken by the board under division (B) of this	3754
section resulting in a suspension from practice shall be	3755
accompanied by a written statement of the conditions under which	3756
the individual's certificate to practice may be reinstated. The	3757
board shall adopt rules governing conditions to be imposed for	3758
reinstatement. Reinstatement of a certificate suspended pursuant	3759
to division (B) of this section requires an affirmative vote of	3760
not fewer than six members of the board.	3761

(L) When the board refuses to grant a certificate to an	3762
applicant, revokes an individual's certificate to practice,	3763
refuses to register an applicant, or refuses to reinstate an	3764
individual's certificate to practice, the board may specify that	3765
its action is permanent. An individual subject to a permanent	3766
action taken by the board is forever thereafter ineligible to hold	3767
a certificate to practice and the board shall not accept an	3768
application for reinstatement of the certificate or for issuance	3769
of a new certificate.	3770

(M) Notwithstanding any other provision of the Revised Code,	3771
all of the following apply:	3772

(1) The surrender of a certificate issued under this chapter	3773
shall not be effective unless or until accepted by the board.	3774
Reinstatement of a certificate surrendered to the board requires	3775
an affirmative vote of not fewer than six members of the board.	3776

(2) An application for a certificate made under the	3777
provisions of this chapter may not be withdrawn without approval	3778
of the board.	3779

(3) Failure by an individual to renew a certificate of	3780
registration in accordance with this chapter shall not remove or	3781
limit the board's jurisdiction to take any disciplinary action	3782
under this section against the individual.	3783

(N) Sanctions shall not be imposed under division (B)(28) of	3784
this section against any person who waives deductibles and	3785
copayments as follows:	3786

(1) In compliance with the health benefit plan that expressly	3787
allows such a practice. Waiver of the deductibles or copayments	3788
shall be made only with the full knowledge and consent of the plan	3789
purchaser, payer, and third-party administrator. Documentation of	3790
the consent shall be made available to the board upon request.	3791

(2) For professional services rendered to any other person	3792
authorized to practice pursuant to this chapter, to the extent	3793
allowed by this chapter and rules adopted by the board.	3794

(O) Under the board's investigative duties described in this	3795
section and subject to division (F) of this section, the board	3796
shall develop and implement a quality intervention program	3797
designed to improve through remedial education the clinical and	3798
communication skills of individuals authorized under this chapter	3799
to practice medicine and surgery, osteopathic medicine and	3800
surgery, and podiatric medicine and surgery. In developing and	3801
implementing the quality intervention program, the board may do	3802
all of the following:	3803

(1) Offer in appropriate cases as determined by the board an	3804
educational and assessment program pursuant to an investigation	3805
the board conducts under this section;	3806

(2) Select providers of educational and assessment services,	3807
including a quality intervention program panel of case reviewers;	3808

(3) Make referrals to educational and assessment service	3809
providers and approve individual educational programs recommended	3810
by those providers. The board shall monitor the progress of each	3811
individual undertaking a recommended individual educational	3812
program.	3813

(4) Determine what constitutes successful completion of an	3814
individual educational program and require further monitoring of	3815
the individual who completed the program or other action that the	3816
board determines to be appropriate;	3817

(5) Adopt rules in accordance with Chapter 119. of the	3818
Revised Code to further implement the quality intervention	3819
program.	3820

An individual who participates in an individual educational	3821
program pursuant to this division shall pay the financial	3822
obligations arising from that educational program.	3823

Sec. 4735.04.  The Ohio real estate commission or the	3824
superintendent of real estate may compel, by order or subpoena,	3825
the attendance of witnesses to testify in relation to any matter	3826
over which the commission or superintendent has jurisdiction and	3827
which is the subject of inquiry and investigation by the	3828
commission or superintendent, and require the production of any	3829
book, paper, or document pertaining to such matter. For such	3830
purpose, the commission or superintendent shall have the same	3831
power as judges of county courts to administer oaths, compel the	3832
attendance of witnesses, and punish them for refusal to testify.	3833
Service of the subpoena may be made by sheriffs or constables, or	3834
by certified mail, return receipt requested, and the subpoena	3835
shall be deemed served on the date delivery is made or the date	3836
the person refused to accept delivery. Witnesses shall receive,	3837
after their appearance before the commission or superintendent,	3838
the fees and mileage allowed in civil actions in courts of common	3839
pleasprovided for under section 119.094 of the Revised Code. If	3840
two or more witnesses travel together in the same vehicle, the	3841
mileage fee shall be paid to only one of those witnesses, but the	3842
witnesses may agree to divide the fee among themselves in any	3843
manner.	3844

In addition to the powers granted to the commission and	3845
superintendent under this section, in case any person fails to	3846
file any statement or report, obey any subpoena, give testimony,	3847
answer questions, or produce any books, records, or papers as	3848
required by the commission or superintendent under this chapter,	3849
the court of common pleas of any county in the state, upon	3850
application made to it by the commission or superintendent setting	3851
forth such failure, may make an order awarding process of subpoena	3852
or subpoena duces tecum for the person to appear and testify	3853
before the commission or superintendent, and may order any person	3854
to give testimony and answer questions, and to produce books,	3855
records, or papers, as required by the commission or	3856
superintendent. Upon the filing of such order in the office of the	3857
clerk of the court of common pleas, the clerk, under the seal of	3858
the court, shall issue process of subpoena for the person to	3859
appear before the commission or superintendent at a time and place	3860
named in the subpoena, and each day thereafter until the	3861
examination of such person is completed. The subpoena may contain	3862
a direction that the witness bring with the witness to the	3863
examination any books, records, or papers mentioned in the	3864
subpoena. The clerk shall also issue, under the seal of the court,	3865
such other orders, in reference to the examination, appearance,	3866
and production of books, records, or papers, as the court directs.	3867
If any person so summoned by subpoena fails to obey the subpoena,	3868
to give testimony, to answer questions as required, or to obey an	3869
order of the court, the court, on motion supported by proof, may	3870
order an attachment for contempt to be issued against the person	3871
charged with disobedience of any order or injunction issued by the	3872
court under this chapter. If the person is brought before the	3873
court by virtue of the attachment, and if upon a hearing the	3874
disobedience appears, the court may order the offender to be	3875
committed and kept in close custody.	3876

Sec. 4738.11.  (A) The motor vehicle salvage dealer's	3877
licensing board shall adopt rules prescribing the physical	3878
characteristics of facilities used by motor vehicle salvage	3879
dealers, salvage motor vehicle auctions, and salvage motor vehicle	3880
pools, which shall include requirements for fencing or otherwise	3881
screening the view of the facilities to at least the extent	3882
required for junkyards by sections 4737.07 and 4737.09 of the	3883
Revised Code. Such rules shall be consistent with the standards	3884
adopted by the director of transportation pursuant to the "Highway	3885
Beautification Act of 1965," 79 Stat. 1030, 23 U.S.C.A. 361, as	3886
amended. Enforcement of the screening regulations of this division	3887
shall be subject to approval, supervision, and action of the	3888
director of transportation. The director may enforce the screening	3889
regulations of this section if he considers that such regulations	3890
are not adequately enforced.	3891

(B) The board may make such other reasonable rules as are	3892
necessary to carry out and effect sections 4738.01 to 4738.12 of	3893
the Revised Code, and further rules as are necessary relating to	3894
the time, place, and manner of conducting hearings on the	3895
issuance, suspension, or revocation of licenses. The board may	3896
hear testimony in matters relating to the duties imposed upon it	3897
and the president and the secretary of the board may administer	3898
oaths. The board may require any proof it deems advisable and may	3899
require the attendance of witnesses and the production of books,	3900
records, and papers as it desires at any hearing before it or	3901
relating to any matter which it has authority to investigate. The	3902
board may, through its secretary, issue a subpoena for any	3903
witness, or a subpoena duces tecum for the production of any	3904
books, records, and papers, directed to the sheriff of the county	3905
where a witness resides or is found, which subpoena shall be	3906
served and returned in the same manner as a subpoena in a criminal	3907
case.	3908

The fees and mileage of the sheriff and witnesses shall be	3909
the same as that allowed in the court of common pleas in criminal	3910
cases and. Witnesses shall be paid the fees and mileage provided	3911
for under section 119.094 of the Revised Code. The fees and	3912
mileage shall be paid in the same manner as other expenses of the	3913
board.	3914

Depositions of witnesses residing within or without the state	3915
may be taken by the board in the manner prescribed for like	3916
depositions in civil actions in the court of common pleas. In any	3917
case of disobedience to or neglect of any subpoena served on any	3918
person, or the refusal of any witness to testify to any matter	3919
regarding which he may lawfully be interrogated, the court of	3920
common pleas of any county where disobedience, neglect, or refusal	3921
occurs, or any judge thereof on application of the secretary of	3922
the board, shall compel obedience by attachment proceedings for	3923
contempt as in the case of disobedience of a subpoena issued from	3924
the court or a refusal to testify therein.	3925

Sec. 4741.03.  (A) The state veterinary medical licensing	3926
board shall meet at least once in each calendar year and may hold	3927
additional meetings as often as it considers necessary to conduct	3928
the business of the board. The president of the board may call	3929
special meetings, and the executive director shall call special	3930
meetings upon the written request of three members of the board.	3931
The board shall organize by electing a president and	3932
vice-president from its veterinarian members and such other	3933
officers as the board prescribes by rule. Each officer shall serve	3934
for a term specified by board rule or until a successor is elected	3935
and qualified. A quorum of the board consists of four members of	3936
which at least three are members who are veterinarians. The	3937
concurrence of four members is necessary for the board to take any	3938
action.	3939

(B) The board may appoint a person, not one of its members,	3940
to serve as its executive director. The executive director is in	3941
the unclassified service and serves at the pleasure of the board.	3942
The executive director shall serve as the board's	3943
secretary-treasurer ex officio. The board may employ additional	3944
employees for professional, technical, clerical, and special work	3945
as it considers necessary. The executive director shall give a	3946
surety bond to the state in the sum the board requires,	3947
conditioned upon the faithful performance of the executive	3948
director's duties. The board shall pay the cost of the bond. The	3949
executive director shall keep a complete accounting of all funds	3950
received and of all vouchers presented by the board to the	3951
director of budget and management for the disbursement of funds.	3952
The president or executive director shall approve all vouchers of	3953
the board. All money received by the board shall be credited to	3954
the occupational licensing and regulatory fund.	3955

(C) In addition to any other duty required under this	3956
chapter, the board shall do all of the following:	3957

(1) Prescribe a seal;

3958

(2) Accept and review applications for admission to an	3959
examination in accordance with section 4741.09 of the Revised Code	3960
and review the results of examinations taken by applicants in	3961
accordance with rules adopted by the board.	3962

(3) Keep a record of all of its meetings and proceedings;

3963

(4) Maintain a register that records all applicants for a	3964
certificate of license or a temporary permit, all persons who have	3965
been denied a license or permit, all persons who have been granted	3966
or reissued a license or permit, and all persons whose license or	3967
permit has been revoked or suspended. The register shall also	3968
include a record of persons licensed prior to October 17, 1975.	3969

(5) Maintain a register, in such form as the board determines	3970
by rule, of all colleges and universities that teach veterinary	3971
medicine and veterinary technology that are approved by the board;	3972

(6) Enforce this chapter, and for that purpose, make	3973
investigations relative as provided in section 4741.26 of the	3974
Revised Code;	3975

(7) Issue licenses and permits to persons who meet the	3976
qualifications set forth in this chapter;	3977

(8) Approve colleges and universities which meet the board's	3978
requirements for veterinary medicine and associated fields of	3979
study and withdraw or deny, after an adjudication conducted in	3980
accordance with Chapter 119. of the Revised Code, approval from	3981
colleges and universities which fail to meet those requirements;	3982

(9) Adopt rules, in accordance with Chapter 119. of the	3983
Revised Code, which are necessary for its government and for the	3984
administration and enforcement of this chapter.	3985

(D) The board may do all of the following:

3986

(1) Subpoena witnesses and require their attendance and	3987
testimony, and require the production by witnesses of books,	3988
papers, public records, animal patient records, and other	3989
documentary evidence and examine them, in relation to any matter	3990
that the board has authority to investigate, inquire into, or	3991
hear. Except for any officer or employee of the state or any	3992
political subdivision of the state, the treasurer of state shall	3993
pay all witnesses in any proceeding before the board, upon	3994
certification from the board, witness fees and mileage in the same	3995
amount as provided in section 2335.06for under section 119.094 of	3996
the Revised Code.	3997

(2) Examine and inspect books, papers, public records, animal	3998
patient records, and other documentary evidence at the location	3999
where the books, papers, records, and other evidence are normally	4000
stored or maintained.	4001

(E) All registers, books, and records kept by the board are	4002
the property of the board and are open for public examination and	4003
inspection at all reasonable times in accordance with section	4004
149.43 of the Revised Code. The registers, books, and records are	4005
prima-facie evidence of the matters contained in them.	4006

Sec. 4760.14.  (A) The state medical board shall investigate	4007
evidence that appears to show that any person has violated this	4008
chapter or the rules adopted under it. Any person may report to	4009
the board in a signed writing any information the person has that	4010
appears to show a violation of any provision of this chapter or	4011
the rules adopted under it. In the absence of bad faith, a person	4012
who reports such information or testifies before the board in an	4013
adjudication conducted under Chapter 119. of the Revised Code	4014
shall not be liable for civil damages as a result of reporting the	4015
information or providing testimony. Each complaint or allegation	4016
of a violation received by the board shall be assigned a case	4017
number and be recorded by the board.	4018

(B) Investigations of alleged violations of this chapter or	4019
rules adopted under it shall be supervised by the supervising	4020
member elected by the board in accordance with section 4731.02 of	4021
the Revised Code and by the secretary as provided in section	4022
4760.15 of the Revised Code. The board's president may designate	4023
another member of the board to supervise the investigation in	4024
place of the supervising member. A member of the board who	4025
supervises the investigation of a case shall not participate in	4026
further adjudication of the case.	4027

(C) In investigating a possible violation of this chapter or	4028
the rules adopted under it, the board may administer oaths, order	4029
the taking of depositions, issue subpoenas, and compel the	4030
attendance of witnesses and production of books, accounts, papers,	4031
records, documents, and testimony, except that a subpoena for	4032
patient record information shall not be issued without	4033
consultation with the attorney general's office and approval of	4034
the secretary and supervising member of the board. Before issuance	4035
of a subpoena for patient record information, the secretary and	4036
supervising member shall determine whether there is probable cause	4037
to believe that the complaint filed alleges a violation of this	4038
chapter or the rules adopted under it and that the records sought	4039
are relevant to the alleged violation and material to the	4040
investigation. The subpoena may apply only to records that cover a	4041
reasonable period of time surrounding the alleged violation.	4042

On failure to comply with any subpoena issued by the board	4043
and after reasonable notice to the person being subpoenaed, the	4044
board may move for an order compelling the production of persons	4045
or records pursuant to the Rules of Civil Procedure.	4046

A subpoena issued by the board may be served by a sheriff,	4047
the sheriff's deputy, or a board employee designated by the board.	4048
Service of a subpoena issued by the board may be made by	4049
delivering a copy of the subpoena to the person named therein,	4050
reading it to the person, or leaving it at the person's usual	4051
place of residence. When the person being served is an	4052
anesthesiologist assistant, service of the subpoena may be made by	4053
certified mail, restricted delivery, return receipt requested, and	4054
the subpoena shall be deemed served on the date delivery is made	4055
or the date the person refuses to accept delivery.	4056

A sheriff's deputy who serves a subpoena shall receive the	4057
same fees as a sheriff. Each witness who appears before the board	4058
in obedience to a subpoena shall receive the fees and mileage	4059
provided for witnesses in civil cases in the courts of common	4060
pleasunder section 119.094 of the Revised Code.	4061

(D) All hearings and investigations of the board shall be	4062
considered civil actions for the purposes of section 2305.252 of	4063
the Revised Code.	4064

(E) Information received by the board pursuant to an	4065
investigation is confidential and not subject to discovery in any	4066
civil action.	4067

The board shall conduct all investigations and proceedings in	4068
a manner that protects the confidentiality of patients and persons	4069
who file complaints with the board. The board shall not make	4070
public the names or any other identifying information about	4071
patients or complainants unless proper consent is given.	4072

The board may share any information it receives pursuant to	4073
an investigation, including patient records and patient record	4074
information, with law enforcement agencies, other licensing	4075
boards, and other governmental agencies that are prosecuting,	4076
adjudicating, or investigating alleged violations of statutes or	4077
administrative rules. An agency or board that receives the	4078
information shall comply with the same requirements regarding	4079
confidentiality as those with which the state medical board must	4080
comply, notwithstanding any conflicting provision of the Revised	4081
Code or procedure of the agency or board that applies when it is	4082
dealing with other information in its possession. In a judicial	4083
proceeding, the information may be admitted into evidence only in	4084
accordance with the Rules of Evidence, but the court shall require	4085
that appropriate measures are taken to ensure that confidentiality	4086
is maintained with respect to any part of the information that	4087
contains names or other identifying information about patients or	4088
complainants whose confidentiality was protected by the state	4089
medical board when the information was in the board's possession.	4090
Measures to ensure confidentiality that may be taken by the court	4091
include sealing its records or deleting specific information from	4092
its records.	4093

(F) The state medical board shall develop requirements for	4094
and provide appropriate initial training and continuing education	4095
for investigators employed by the board to carry out its duties	4096
under this chapter. The training and continuing education may	4097
include enrollment in courses operated or approved by the Ohio	4098
peace officer training council that the board considers	4099
appropriate under conditions set forth in section 109.79 of the	4100
Revised Code.	4101

(G) On a quarterly basis, the board shall prepare a report	4102
that documents the disposition of all cases during the preceding	4103
three months. The report shall contain the following information	4104
for each case with which the board has completed its activities:	4105

(1) The case number assigned to the complaint or alleged	4106
violation;	4107

(2) The type of certificate to practice, if any, held by the	4108
individual against whom the complaint is directed;	4109

(3) A description of the allegations contained in the	4110
complaint;	4111

(4) The disposition of the case.

4112

The report shall state how many cases are still pending, and	4113
shall be prepared in a manner that protects the identity of each	4114
person involved in each case. The report is a public record for	4115
purposes of section 149.43 of the Revised Code.	4116

Sec. 4762.14.  (A) The state medical board shall investigate	4117
evidence that appears to show that any person has violated this	4118
chapter or the rules adopted under it. Any person may report to	4119
the board in a signed writing any information the person has that	4120
appears to show a violation of any provision of this chapter or	4121
the rules adopted under it. In the absence of bad faith, a person	4122
who reports such information or testifies before the board in an	4123
adjudication conducted under Chapter 119. of the Revised Code	4124
shall not be liable for civil damages as a result of reporting the	4125
information or providing testimony. Each complaint or allegation	4126
of a violation received by the board shall be assigned a case	4127
number and be recorded by the board.	4128

(B) Investigations of alleged violations of this chapter or	4129
rules adopted under it shall be supervised by the supervising	4130
member elected by the board in accordance with section 4731.02 of	4131
the Revised Code and by the secretary as provided in section	4132
4762.15 of the Revised Code. The board's president may designate	4133
another member of the board to supervise the investigation in	4134
place of the supervising member. A member of the board who	4135
supervises the investigation of a case shall not participate in	4136
further adjudication of the case.	4137

(C) In investigating a possible violation of this chapter or	4138
the rules adopted under it, the board may administer oaths, order	4139
the taking of depositions, issue subpoenas, and compel the	4140
attendance of witnesses and production of books, accounts, papers,	4141
records, documents, and testimony, except that a subpoena for	4142
patient record information shall not be issued without	4143
consultation with the attorney general's office and approval of	4144
the secretary and supervising member of the board. Before issuance	4145
of a subpoena for patient record information, the secretary and	4146
supervising member shall determine whether there is probable cause	4147
to believe that the complaint filed alleges a violation of this	4148
chapter or the rules adopted under it and that the records sought	4149
are relevant to the alleged violation and material to the	4150
investigation. The subpoena may apply only to records that cover a	4151
reasonable period of time surrounding the alleged violation.	4152

On failure to comply with any subpoena issued by the board	4153
and after reasonable notice to the person being subpoenaed, the	4154
board may move for an order compelling the production of persons	4155
or records pursuant to the Rules of Civil Procedure.	4156

A subpoena issued by the board may be served by a sheriff,	4157
the sheriff's deputy, or a board employee designated by the board.	4158
Service of a subpoena issued by the board may be made by	4159
delivering a copy of the subpoena to the person named therein,	4160
reading it to the person, or leaving it at the person's usual	4161
place of residence. When the person being served is an	4162
acupuncturist, service of the subpoena may be made by certified	4163
mail, restricted delivery, return receipt requested, and the	4164
subpoena shall be deemed served on the date delivery is made or	4165
the date the person refuses to accept delivery.	4166

A sheriff's deputy who serves a subpoena shall receive the	4167
same fees as a sheriff. Each witness who appears before the board	4168
in obedience to a subpoena shall receive the fees and mileage	4169
provided for witnesses in civil cases in the courts of common	4170
pleasunder section 119.094 of the Revised Code.	4171

(D) All hearings and investigations of the board shall be	4172
considered civil actions for the purposes of section 2305.252 of	4173
the Revised Code.	4174

(E) Information received by the board pursuant to an	4175
investigation is confidential and not subject to discovery in any	4176
civil action.	4177

The board shall conduct all investigations and proceedings in	4178
a manner that protects the confidentiality of patients and persons	4179
who file complaints with the board. The board shall not make	4180
public the names or any other identifying information about	4181
patients or complainants unless proper consent is given.	4182

The board may share any information it receives pursuant to	4183
an investigation, including patient records and patient record	4184
information, with law enforcement agencies, other licensing	4185
boards, and other governmental agencies that are prosecuting,	4186
adjudicating, or investigating alleged violations of statutes or	4187
administrative rules. An agency or board that receives the	4188
information shall comply with the same requirements regarding	4189
confidentiality as those with which the state medical board must	4190
comply, notwithstanding any conflicting provision of the Revised	4191
Code or procedure of the agency or board that applies when it is	4192
dealing with other information in its possession. In a judicial	4193
proceeding, the information may be admitted into evidence only in	4194
accordance with the Rules of Evidence, but the court shall require	4195
that appropriate measures are taken to ensure that confidentiality	4196
is maintained with respect to any part of the information that	4197
contains names or other identifying information about patients or	4198
complainants whose confidentiality was protected by the state	4199
medical board when the information was in the board's possession.	4200
Measures to ensure confidentiality that may be taken by the court	4201
include sealing its records or deleting specific information from	4202
its records.	4203

(F) The state medical board shall develop requirements for	4204
and provide appropriate initial training and continuing education	4205
for investigators employed by the board to carry out its duties	4206
under this chapter. The training and continuing education may	4207
include enrollment in courses operated or approved by the Ohio	4208
peace officer training council that the board considers	4209
appropriate under conditions set forth in section 109.79 of the	4210
Revised Code.	4211

(G) On a quarterly basis, the board shall prepare a report	4212
that documents the disposition of all cases during the preceding	4213
three months. The report shall contain the following information	4214
for each case with which the board has completed its activities:	4215

(1) The case number assigned to the complaint or alleged	4216
violation;	4217

(2) The type of certificate to practice, if any, held by the	4218
individual against whom the complaint is directed;	4219

(3) A description of the allegations contained in the	4220
complaint;	4221

(4) The disposition of the case.

4222

The report shall state how many cases are still pending, and	4223
shall be prepared in a manner that protects the identity of each	4224
person involved in each case. The report is a public record for	4225
purposes of section 149.43 of the Revised Code.	4226

Sec. 4763.04.  The real estate appraiser board or the	4227
superintendent or real estate may compel, by order or subpoena,	4228
the attendance of witnesses to testify in relation to any matter	4229
over which the board or the superintendent has jurisdiction and	4230
which is the subject of the inquiry and investigation by the board	4231
or superintendent, and require the production of any book, paper,	4232
or document pertaining to such matter. For such purpose, the board	4233
or the superintendent has the same power as judges of county	4234
courts to administer oaths, compel the attendance of witnesses,	4235
and punish witnesses for refusal to testify. Sheriffs and	4236
constables shall serve and return such process and shall receive	4237
the same fees for doing so as are allowed for like service.	4238
Witnesses shall receive, after their appearance before the board	4239
or the superintendent, the fees and mileage allowed in civil	4240
actions in courts of common pleasprovided for under section	4241
119.094 of the Revised Code. If two or more witnesses travel	4242
together in the same vehicle, the mileage fee shall be paid to	4243
only one of those witnesses, but the witnesses may agree to	4244
divide the fee among themselves in any manner.	4245

In addition to the powers and duties granted to the board and	4246
the superintendent under this section, in case any person fails to	4247
file any statement or report, obey any subpoena, give testimony,	4248
answer questions, or produce books, records, or papers as required	4249
by the board or the superintendent under this chapter, the court	4250
of common pleas of any county in the state, upon application made	4251
to it by the board or the superintendent setting forth the	4252
failure, may make an order awarding process of subpoena or	4253
subpoena duces tecum for the person to appear and testify before	4254
the board or the superintendent, and may order any person to give	4255
testimony and answer questions, and to produce books, records, or	4256
papers, as required by the board or the superintendent. Upon the	4257
filing of such order in the office of the clerk of the court of	4258
common pleas, the clerk, under the seal of the court, shall issue	4259
process or subpoena, and each day thereafter until the examination	4260
of the person is completed. The subpoena may contain a direction	4261
that the witness bring with himthe witness to the examination any	4262
books, records, or papers mentioned in the subpoena. The clerk	4263
also shall issue, under the seal of the court, such other orders,	4264
in reference to the examination, appearance, and production of	4265
books, records, or papers, as the court directs. If any person	4266
summoned by subpoena fails to obey the subpoena, to give	4267
testimony, to answer questions as required, or to obey an order of	4268
the court, the court, on motion supported by proof, may order an	4269
attachment for contempt to be issued against the person charged	4270
with disobedience of any order or injunction issued by the court	4271
under this chapter. If the person is brought before the court by	4272
virtue of the attachment, and if upon a hearing the disobedience	4273
appears, the court may order the offender to be committed and kept	4274
in close custody.	4275

Sec. 4769.06.  In investigating possible violations of	4276
section 4769.02 of the Revised Code or conducting hearings under	4277
section 4769.03 of the Revised Code, the department of health may	4278
administer oaths, order the taking of depositions, and issue	4279
subpoenas compelling attendance of witnesses or production of	4280
documents. The subpoenas shall be served in the same manner as	4281
subpoenas and subpoenas duces tecum issued for a trial of a civil	4282
action in a court of common pleas. The department shall pay each	4283
witness who appears before the department in obedience to a	4284
subpoena the fees and mileage provided under Chapter 2335.section	4285
119.094 of the Revised Code for witnesses in civil actions in a	4286
court of common pleas.	4287

If a person who is served a subpoena fails to attend a	4288
hearing or to produce documents, or refuses to be sworn or to	4289
answer any question put to himthe person, the department may	4290
apply to the court of common pleas of the county in which the	4291
person resides, or the county in which the hearing under division	4292
(B) of section 4769.03 of the Revised Code is conducted, for a	4293
contempt order, as in the case of a failure of a person who is	4294
served a subpoena issued by the court to attend or to produce	4295
documents or a refusal of such person to testify.	4296

Sec. 4903.05.  Each witness who appears before the public	4297
utilities commission by its order shall receive for his attendance	4298
the fees and mileage provided for witnesses in civil cases in	4299
courts of recordunder section 119.094 of the Revised Code, which	4300
shall be audited and paid by the state as other expenses are	4301
audited and paid, upon the presentation of proper vouchers sworn	4302
to by such witnesses and approved by the chairmanchairperson of	4303
the commission. No witness subpoenaed at the instance of parties	4304
other than the commission is entitled to compensation from the	4305
state for attendance or travel, unless the commission certifies	4306
that histhe witness's testimony was material to the matter	4307
investigated.	4308

Sec. 5101.37.  (A) The department of job and family services	4309
and each county department of job and family services and child	4310
support enforcement agency may make any investigations that are	4311
necessary in the performance of their duties, and to that end they	4312
shall have the same power as a judge of a county court to	4313
administer oaths and to enforce the attendance and testimony of	4314
witnesses and the production of books or papers.	4315

The department and each county department and agency shall	4316
keep a record of their investigations stating the time, place,	4317
charges or subject, witnesses summoned and examined, and their	4318
conclusions.	4319

The fees of witnesses for attendance and travelWitnesses	4320
shall be the same as in the court of common pleaspaid the fees	4321
and mileage provided for under section 119.094 of the Revised	4322
Code.	4323

(B) In conducting hearings pursuant to Chapters 3119., 3121.,	4324
and 3123. or pursuant to division (B) of section 5101.35 of the	4325
Revised Code, the department and each child support enforcement	4326
agency have the same power as a judge of a county court to	4327
administer oaths and to enforce the attendance and testimony of	4328
witnesses and the production of books or papers. The department	4329
and each agency shall keep a record of those hearings stating the	4330
time, place, charges or subject, witnesses summoned and examined,	4331
and their conclusions.	4332

The issuance of a subpoena by the department or a child	4333
support enforcement agency to enforce attendance and testimony of	4334
witnesses and the production of books or papers at a hearing is	4335
discretionary and the department or agency is not required to pay	4336
the fees of witnesses for attendance and travel.	4337

(C) Any judge of any division of the court of common pleas,	4338
upon application of the department or a county department or child	4339
support enforcement agency, may compel the attendance of	4340
witnesses, the production of books or papers, and the giving of	4341
testimony before the department, county department, or agency, by	4342
a judgment for contempt or otherwise, in the same manner as in	4343
cases before those courts.	4344

Sec. 5120.30.  The department of rehabilitation and	4345
correction may make any investigations that are necessary in the	4346
performance of its duties, and to that end the director of	4347
rehabilitation and correction shall have the same power as a judge	4348
of a county court to administer oaths and to enforce the	4349
attendance and testimony of witnesses and the production of books	4350
or papers.	4351

The department shall keep a record of the investigations	4352
pursuant to the record retention schedule approved by the	4353
department of administrative services.	4354

The fees of witnesses for attendance and travelWitnesses	4355
shall be the same as in the court of common pleaspaid the fees	4356
and mileage provided for under section 119.094 of the Revised	4357
Code, but no officer or employee of the institution under	4358
investigation is entitled to such fees.	4359

Any judge of the probate court or of the court of common	4360
pleas, upon application of the department, may compel the	4361
attendance of witnesses, the production of books or papers, and	4362
the giving of testimony before the department, by a judgment for	4363
contempt or otherwise, in the same manner as in cases before	4364
courts of common pleas.	4365

Sec. 5123.14.  The department of mental retardation and	4366
developmental disabilities may make such investigations as are	4367
necessary in the performance of its duties and to that end the	4368
director of mental retardation and developmental disabilities	4369
shall have the same power as a judge of a county court to	4370
administer oaths and to enforce the attendance and testimony of	4371
witnesses and the production of books or papers.	4372

The department shall keep a record of such investigations	4373
stating the time, place, charges or subject, witnesses summoned	4374
and examined, and its conclusions.	4375

In matters involving the conduct of an officer, a	4376
stenographic report of the evidence shall be taken and a copy of	4377
such report, with all documents introduced, kept on file at the	4378
office of the department.	4379

The fees of witnesses for attendance and travelWitnesses	4380
shall be the same as in the court of common pleaspaid the fees	4381
and mileage provided for under section 119.094 of the Revised	4382
Code, but no officer or employee of the institution under	4383
investigation is entitled to such fees.	4384

Any judge of the probate court or of the court of common	4385
pleas, upon application of the department, may compel the	4386
attendance of witnesses, the production of books or papers, and	4387
the giving of testimony before the department, by a judgment for	4388
contempt or otherwise, in the same manner as in cases before said	4389
courts.	4390

Sec. 5123.96.  Costs, fees, and expenses of all proceedings	4391
held under this chapter shall be paid as follows:	4392

(A) To police and health officers, other than sheriffs or	4393
their deputies, the same fees allowed to constables, to be paid	4394
upon the approval of the probate judge;	4395

(B) To sheriffs or their deputies, the same fees allowed for	4396
similar services in the court of common pleas;	4397

(C) To physicians or licensed clinical psychologists acting	4398
as expert witnesses and to other expert witnesses designated by	4399
the court, an amount determined by the court;	4400

(D) To other witnesses in an administrative proceeding, the	4401
same fees and mileage as for attendance at the court of common	4402
pleasare provided to witnesses by section 119.094 of the Revised	4403
Code, and to witnesses in a judicial proceeding, the same fees and	4404
mileage as are provided to witnesses by section 2335.06 of the	4405
Revised Code, to be paid upon the approval of the probate judge;	4406

(E) To a person, other than the sheriff or histhe sheriff's	4407
deputies, for taking a mentally retarded person to an institution	4408
or removing a mentally retarded person from an institution, the	4409
actual necessary expenses incurred, specifically itemized, and	4410
approved by the probate judge;	4411

(F) To assistants who convey mentally retarded persons to	4412
institutions when authorized by the probate judge, a fee set by	4413
the probate court, provided the assistants are not drawing a	4414
salary from the state or any political subdivision of the state,	4415
and their actual necessary expenses incurred, provided that the	4416
expenses are specifically itemized and approved by the probate	4417
judge;	4418

(G) To an attorney appointed by the probate division for an	4419
indigent who allegedly is a mentally retarded person pursuant to	4420
any section of this chapter, the fees that are determined by the	4421
probate division. When those indigent persons are before the	4422
court, all filing and recording fees shall be waived.	4423

(H) To a referee who is appointed to conduct proceedings	4424
under this chapter that involve a respondent whose domicile is or,	4425
before histhe respondent's institutionalization, was not the	4426
county in which the proceedings are held, compensation as fixed by	4427
the probate division, but not more than the compensation paid for	4428
similar proceedings for respondents whose domicile is in the	4429
county in which the proceedings are held;	4430

(I) To a court reporter appointed to make a transcript of	4431
proceedings under this chapter, the compensation and fees allowed	4432
in other cases under section 2101.08 of the Revised Code.	4433

All costs, fees, and expenses described in this section,	4434
after payment by the county from appropriations pursuant to	4435
section 2101.11 of the Revised Code, shall be certified by the	4436
county auditor to the department of mental retardation and	4437
developmental disabilities within two months of the date the	4438
costs, fees, and expenses are incurred by the county. Payment	4439
shall be provided for by the director of budget and management	4440
upon presentation of properly verified vouchers. The director of	4441
mental retardation and developmental disabilities may adopt rules	4442
in accordance with Chapter 119. of the Revised Code to implement	4443
the payment of costs, fees, and expenses under this section.	4444

Sec. 5149.11.  In the exercise of any of the powers vested in	4445
the adult parole authority, the chief of the authority, any member	4446
of the board, or any hearing officer may administer oaths and in	4447
the name of the authority may issue subpoenas and subpoenas duces	4448
tecum. The authority may compel the attendance of witnesses and	4449
the production of records and papers of all kinds and description	4450
including any and all books, accounts, documents, memorandums, and	4451
transcripts of testimony, pertaining to any inquiry within the	4452
powers and duties of the authority. Upon the failure of any person	4453
to comply with any order of the authority or any subpoena or	4454
subpoena duces tecum lawfully issued, or upon the refusal of any	4455
witness to testify to any matter regarding which hethe witness	4456
may be lawfully interrogated, a judge of the court of common pleas	4457
of any county in this state, on the application of the authority,	4458
shall compel obedience by attachment proceedings for contempt, as	4459
in the case of disobedience of the requirements of a subpoena	4460
issued from a court of common pleas or a refusal to testify	4461
therein.	4462

Each witness who appears before the authority or before a	4463
member of the parole board by itsthe authority's or hismember's	4464
order shall receive for his attendance the fees and mileage	4465
provided for witnesses in civil cases in the court of common pleas	4466
under section 2335.06119.094 of the Revised Code, and the fees	4467
and mileage shall be audited and paid out of the state treasury in	4468
the same manner as other expenses are audited and paid, upon the	4469
presentation of properly verified vouchers approved by the chief	4470
of the authority.	4471

The chief of the authority or a member of the board, or any	4472
party who is the subject of the investigation, may in any	4473
investigation cause depositions of witnesses residing within or	4474
without the state to be taken in the manner prescribed by sections	4475
2319.08, 2319.09, 2319.11, and 2319.27 of the Revised Code and the	4476
Civil Rules.	4477

Copies of the proceedings, minutes, actions, findings,	4478
recommendations, orders, and other records of the authority or its	4479
predecessors shall be verified and certified to by the officer	4480
conducting or responsible for such and attested by the chief of	4481
the authority, and when certified and attested shall be received	4482
in evidence as proof of the facts therein stated.	4483

Minutes, actions, findings, recommendations, determinations,	4484
and orders made and kept by the adult parole authority are public	4485
records.	4486

Sec. 5703.29.  Each officer who serves a summons or subpoena	4487
shall receive the same fees as a sheriff, and each witness who	4488
appears before the department of taxation by its order shall	4489
receive for histhe witness's attendance the fees and mileage	4490
provided for witnesses in civil cases in courts of common pleas	4491
under section 119.094 of the Revised Code, which shall be audited	4492
and paid by the state in the same manner as other expenses, upon	4493
the presentation of proper vouchers approved by the department. A	4494
witness subpoenaed at the instance of parties other than the	4495
department shall not be entitled to compensation from the state	4496
for attendance or travel unless the department certifies that the	4497
testimony of the witness was material to the matter investigated.	4498

Sec. 5727.62.  A person who appears before the department of	4499
taxation, on its order, as to the appraisal of property in any	4500
taxing district, shall be allowed and paid out of the treasury of	4501
the proper county, if an officer of any such taxing district, his	4502
the person's actual and necessary traveling expenses, which shall	4503
be itemized and sworn to by the person who incurred the expense,	4504
and if other than any such officer, hethe person shall receive	4505
for his attendance the fees and mileage provided for witnesses in	4506
civil cases in the courts of common pleasunder section 119.094 of	4507
the Revised Code. Such traveling expenses and witness fees shall	4508
be audited and paid out of the county treasury of the proper	4509
county in the same manner as other expenses are audited and paid,	4510
upon the presentation of a certificate from the department	4511
certifying to the fact of such attendance.	4512

Sec. 5924.47.  (A) Any person not subject to this code who:

4513

(1) Has been duly subpoenaed to appear as a witness or to	4514
produce books and records before a military court or before any	4515
military or civil officer designated to take a deposition to be	4516
read in evidence before such a court;	4517

(2) Has been duly paid or tendered the fees and mileage of a	4518
witness at the rates allowed to witnesses attending the court of	4519
common pleas of the stateprovided for under section 119.094 of	4520
the Revised Code; and	4521

(3) Willfully neglects or refuses to appear, or refuses to	4522
qualify as a witness or to testify or to produce any evidence	4523
which that person may have been legally subpoenaed to produce; is	4524
guilty of an offense against the state and may be punished in the	4525
same manner as if committed before civil courts of the state.	4526

Section 2. That existing sections 101.45, 117.18, 119.09,	4527
124.09, 169.08, 317.36, 505.495, 709.032, 733.39, 1121.38,	4528
1315.17, 1315.24, 1321.07, 1321.42, 1509.36, 1513.131, 1571.10,	4529
1571.14, 1707.23, 1901.26, 1905.26, 2335.06, 2335.08, 2743.06,	4530
2743.65, 3745.05, 3901.04, 3901.321, 4112.04, 4121.16, 4123.13,	4531
4167.10, 4301.04, 4503.03, 4517.32, 4701.29, 4723.29, 4725.23,	4532
4728.05, 4730.26, 4731.22, 4735.04, 4738.11, 4741.03, 4760.14,	4533
4762.14, 4763.04, 4769.06, 4903.05, 5101.37, 5120.30, 5123.14,	4534
5123.96, 5149.11, 5703.29, 5727.62, and 5924.47 of the Revised	4535
Code are hereby repealed.	4536

Section 3. Sections 1 and 2 of this act, except for the	4537
enactment of section 3333.30 of the Revised Code, take effect July	4538
1, 2009. The enactment of section 3333.30 of the Revised Code	4539
takes effect at the earliest time permitted by law.	4540

Section 4.  Section 1901.26 of the Revised Code is presented	4541
in this act as a composite of the section as amended by both Am.	4542
Sub. H.B. 66 and Am. H.B. 226 of the 126th General Assembly. The	4543
General Assembly, applying the principle stated in division (B)	4544
of section 1.52 of the Revised Code that amendments are to be	4545
harmonized if reasonably capable of simultaneous operation, finds	4546
that the composite is the resulting version of the section in	4547
effect prior to the effective date of the section as presented in	4548
this act.	4549