(1) "Public record" means
records kept by
any
public
office, | 24 |
including, but not limited to, state, county,
city,
village, | 25 |
township, and school district units,
and records
pertaining to the | 26 |
delivery of educational
services by an
alternative
school in this | 27 |
state kept by the nonprofit or
for-profit
entity operating the | 28 |
alternative school pursuant to
section
3313.533 of the Revised | 29 |
Code. "Public record" does not
mean any of
the following: | 30 |
(3) "Medical record" means any document or combination of | 127 |
documents, except births, deaths, and the fact of admission to or | 128 |
discharge from a hospital, that pertains to the medical history, | 129 |
diagnosis, prognosis, or medical condition of a patient and that | 130 |
is generated and maintained in the process of medical treatment. | 131 |
(5) "Intellectual property record" means a record,
other
than | 137 |
a financial or administrative record, that is produced or | 138 |
collected
by or for faculty or staff of a state institution of | 139 |
higher learning in the
conduct of or as a result of study or | 140 |
research on an educational, commercial,
scientific, artistic, | 141 |
technical, or scholarly issue, regardless of whether the
study or | 142 |
research was sponsored by the institution alone or in conjunction | 143 |
with
a governmental body or private concern, and that has not been | 144 |
publicly
released, published, or patented. | 145 |
(7) "Peace officer, parole officer, prosecuting attorney, | 150 |
assistant prosecuting attorney, correctional employee, youth | 151 |
services employee, firefighter, or EMT residential and
familial | 152 |
information"
means any information that discloses any of the | 153 |
following about a
peace officer, parole officer, prosecuting | 154 |
attorney, assistant prosecuting attorney, correctional employee, | 155 |
youth services employee, firefighter, or EMT: | 156 |
(a) The address of the actual personal residence of a peace | 157 |
officer, parole officer, assistant prosecuting attorney, | 158 |
correctional employee, youth services employee, firefighter, or | 159 |
EMT, except for the state or political
subdivision in which
the | 160 |
peace
officer, parole officer, assistant prosecuting attorney, | 161 |
correctional employee, youth services employee, firefighter, or | 162 |
EMT
resides; | 163 |
(c) The social security number, the residential telephone | 166 |
number,
any bank account, debit card, charge card, or credit card | 167 |
number, or the
emergency telephone number of, or any medical | 168 |
information pertaining to, a peace officer, parole officer, | 169 |
prosecuting attorney, assistant prosecuting attorney, correctional | 170 |
employee, youth services employee, firefighter, or EMT; | 171 |
(d) The name of any beneficiary of employment benefits, | 172 |
including,
but not limited to, life insurance benefits, provided | 173 |
to a peace officer, parole officer, prosecuting attorney, | 174 |
assistant prosecuting attorney, correctional employee, youth | 175 |
services employee, firefighter, or EMT by
the peace officer's, | 176 |
parole officer's, prosecuting attorney's, assistant prosecuting | 177 |
attorney's, correctional employee's, youth services employee's, | 178 |
firefighter's, or EMT's employer; | 179 |
(e) The identity and amount of any charitable or employment | 180 |
benefit deduction made by the peace officer's, parole officer's, | 181 |
prosecuting attorney's, assistant prosecuting attorney's, | 182 |
correctional employee's, youth services employee's, firefighter's, | 183 |
or
EMT's
employer from the
peace
officer's, parole officer's, | 184 |
prosecuting attorney's, assistant prosecuting attorney's, | 185 |
correctional employee's, youth services employee's, firefighter's, | 186 |
or EMT's
compensation
unless the amount of the deduction is | 187 |
required by
state
or federal
law; | 188 |
(f) The name, the residential address, the name of the | 189 |
employer,
the address of the employer, the social security number, | 190 |
the residential
telephone number, any bank account, debit card, | 191 |
charge card, or credit card
number, or the emergency telephone | 192 |
number
of the spouse, a former spouse, or any child of a peace | 193 |
officer, parole officer, prosecuting attorney, assistant | 194 |
prosecuting attorney, correctional employee, youth services | 195 |
employee, firefighter, or EMT; | 196 |
As used in divisions (A)(7) and (B)(9) of this section, | 201 |
"peace officer"
has the same meaning as in section 109.71 of the | 202 |
Revised Code
and also includes the superintendent and troopers of | 203 |
the state highway patrol;
it does not include the
sheriff of a | 204 |
county or a supervisory employee who, in the absence of the | 205 |
sheriff, is authorized to stand in for, exercise the authority of, | 206 |
and perform
the duties of the sheriff. | 207 |
As used in divisions (A)(7) and (B)(9) of this section, "EMT" | 222 |
means EMTs-basic, EMTs-I, and paramedics that provide emergency | 223 |
medical services for a public emergency medical service | 224 |
organization. "Emergency medical service organization," | 225 |
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in | 226 |
section 4765.01 of the Revised Code. | 227 |
(B)(1) Upon request and subject to division (B)(8) of this | 256 |
section, all
public records responsive to the request shall
be | 257 |
promptly prepared and made
available for
inspection to any person | 258 |
at all reasonable times
during regular
business hours. Subject to | 259 |
division (B)(8) of this section,
upon
request, a public office or | 260 |
person
responsible for public records
shall make copies of the | 261 |
requested public record available at
cost and within a reasonable | 262 |
period of
time. If a public record contains information that is | 263 |
exempt from the duty to permit public inspection or to copy the | 264 |
public record, the public office or the person responsible for the | 265 |
public record shall make available all of the information within | 266 |
the public record that is not exempt. When making that public | 267 |
record available for public inspection or copying that public | 268 |
record, the public office or the person responsible for the public | 269 |
record shall notify the requester of any redaction or make the | 270 |
redaction plainly visible. A redaction shall be deemed a denial of | 271 |
a request to inspect or copy the redacted information, except if | 272 |
federal or state law authorizes or requires a public office to | 273 |
make the redaction. | 274 |
(2) To facilitate broader access to public records, a public | 275 |
office or the person responsible for public records shall organize | 276 |
and maintain public records in a manner that they can be made | 277 |
available for inspection or copying in accordance with division | 278 |
(B) of this section. A public office also shall have available a | 279 |
copy of its current records retention schedule at a location | 280 |
readily available to the public. If a requester makes an ambiguous | 281 |
or overly broad request or has difficulty in making a request for | 282 |
copies or inspection of public records under this section such | 283 |
that the public office or the person responsible for the requested | 284 |
public record cannot reasonably identify what public records are | 285 |
being requested, the public office or the person responsible for | 286 |
the requested public record may deny the request but shall provide | 287 |
the requester with an opportunity to revise the request by | 288 |
informing the requester of the manner in which records are | 289 |
maintained by the public office and accessed in the ordinary | 290 |
course of the public office's or person's duties. | 291 |
(3) If a request is ultimately denied, in part or in whole, | 292 |
the public office or the person responsible for the requested | 293 |
public record shall provide the requester with an explanation, | 294 |
including legal authority, setting forth why the request was | 295 |
denied. If the initial request was provided in writing, the | 296 |
explanation also shall be provided to the requester in writing. | 297 |
The explanation shall not preclude the public office or the person | 298 |
responsible for the requested public record from relying upon | 299 |
additional reasons or legal authority in defending an action | 300 |
commenced under division (C) of this section. | 301 |
(4) Unless specifically required or authorized by state or | 302 |
federal law or in accordance with division (B) of this section, no | 303 |
public office or person responsible for public records may limit | 304 |
or condition the availability of public records by requiring | 305 |
disclosure of the requester's identity or the intended use of the | 306 |
requested public record. Any requirement that the requester | 307 |
disclose the requestor's identity or the intended use of the | 308 |
requested public record constitutes a denial of the request. | 309 |
(5) A public office or person responsible for public records | 310 |
may ask a requester to make the request in writing, may ask for | 311 |
the requester's identity, and may inquire about the intended use | 312 |
of the information requested, but may do so only after disclosing | 313 |
to the requester that a written request is not mandatory and that | 314 |
the requester may decline to reveal the requester's identity or | 315 |
the intended use and when a written request or disclosure of the | 316 |
identity or intended use would benefit the requester by enhancing | 317 |
the ability of the public office or person responsible for public | 318 |
records to identify, locate, or deliver the public records sought | 319 |
by the requester. | 320 |
(6) If any person chooses to obtain a copy of a public
record | 321 |
in
accordance with division (B) of this section,
the
public office | 322 |
or person responsible for the public record may require that | 323 |
person to pay in advance the cost involved in providing the copy | 324 |
of the public record in accordance with the choice made by the | 325 |
person seeking the copy under this division. The public office or | 326 |
the person responsible for the public record shall
permit
that | 327 |
person to
choose to have the public record duplicated
upon paper, | 328 |
upon the same medium
upon which the public office or
person | 329 |
responsible for the public record keeps
it, or upon
any
other | 330 |
medium upon which the public office or person responsible
for the | 331 |
public record determines
that it reasonably can be
duplicated
as | 332 |
an integral part of the normal operations of the
public office or | 333 |
person
responsible for the public record. When
the person
seeking | 334 |
the copy makes a choice under this division,
the public office or | 335 |
person responsible for the public record
shall provide a copy of | 336 |
it in
accordance
with the choice made by
the person seeking the | 337 |
copy. Nothing in this section requires a public office or person | 338 |
responsible for the public record to allow the person seeking a | 339 |
copy of the public record to make the copies of the public record. | 340 |
(7) Upon a request made in accordance with division (B)
of | 341 |
this section and subject to division (B)(6) of this section, a | 342 |
public office or person responsible for public
records
shall | 343 |
transmit a copy of a public record to any person by
United
States | 344 |
mail or by any other means of delivery or transmission within a | 345 |
reasonable period of time after
receiving the
request for the | 346 |
copy. The public office or person
responsible for the public | 347 |
record may
require the person making
the request to pay in advance | 348 |
the cost of postage if the copy is transmitted by United States | 349 |
mail or the cost of delivery if the copy is transmitted other than | 350 |
by United States mail, and to pay in advance the costs incurred | 351 |
for other
supplies used in
the mailing, delivery, or transmission. | 352 |
Any public office
may adopt a policy and procedures that it | 353 |
will follow in
transmitting, within a reasonable period of time | 354 |
after receiving
a request, copies of public records by
United | 355 |
States mail or by any other means of delivery or transmission | 356 |
pursuant to this
division. A public office that
adopts a policy | 357 |
and procedures
under this division shall comply
with them in | 358 |
performing its
duties under this division. | 359 |
In any policy and procedures adopted under this division, a | 360 |
public office may limit the number of records requested by a | 361 |
person that
the office will transmit by United States mail to ten | 362 |
per
month, unless the person certifies to the office in writing | 363 |
that the person
does not intend to use or forward the requested | 364 |
records, or the information
contained
in them, for commercial | 365 |
purposes. For purposes of this division, "commercial"
shall be | 366 |
narrowly construed and does not include reporting or gathering | 367 |
news,
reporting or gathering information to assist citizen | 368 |
oversight or
understanding of the operation or activities of | 369 |
government, or nonprofit
educational research. | 370 |
(8) A public office or person responsible for public records | 371 |
is
not required to permit a person who is incarcerated pursuant to | 372 |
a
criminal conviction or a juvenile adjudication to inspect or to | 373 |
obtain a copy of any public record concerning a criminal | 374 |
investigation or prosecution or concerning what would be a | 375 |
criminal investigation or prosecution if the subject of the | 376 |
investigation or prosecution were an adult, unless the request to | 377 |
inspect or to obtain a copy of the record is for the purpose of | 378 |
acquiring information that is subject to release as a public | 379 |
record under this section and the judge who imposed the sentence | 380 |
or made the adjudication with respect to the person, or the | 381 |
judge's successor in office, finds that the information sought in | 382 |
the public record is necessary to support what appears to be a | 383 |
justiciable claim of the person. | 384 |
(9) Upon written request made and signed by a journalist on | 385 |
or after
December 16,
1999, a
public office, or person responsible | 386 |
for public records, having custody of
the records of the agency | 387 |
employing a specified peace officer, parole officer, prosecuting | 388 |
attorney, assistant prosecuting attorney, correctional employee, | 389 |
youth services employee, firefighter, or EMT shall
disclose
to the | 390 |
journalist the address of the actual personal
residence of
the | 391 |
peace
officer, parole officer, prosecuting attorney, assistant | 392 |
prosecuting attorney, correctional employee, youth services | 393 |
employee, firefighter, or EMT and, if the
peace officer's, parole | 394 |
officer's, prosecuting attorney's, assistant prosecuting | 395 |
attorney's, correctional employee's, youth services employee's, | 396 |
firefighter's, or EMT's spouse, former spouse,
or
child is | 397 |
employed by a
public office, the name and address of
the
employer | 398 |
of the peace
officer's, parole officer's, prosecuting attorney's, | 399 |
assistant prosecuting attorney's, correctional employee's, youth | 400 |
services employee's, firefighter's, or EMT's spouse,
former | 401 |
spouse, or
child.
The
request shall include the
journalist's name | 402 |
and title
and the
name
and address of the
journalist's employer | 403 |
and shall
state
that
disclosure of the
information sought would be | 404 |
in the
public
interest. | 405 |
As used in this division, "journalist"
means a
person engaged | 406 |
in, connected with, or employed by any news
medium, including a | 407 |
newspaper, magazine, press association, news
agency, or wire | 408 |
service, a radio or television station, or a
similar medium, for | 409 |
the purpose of gathering, processing,
transmitting, compiling, | 410 |
editing, or disseminating information for
the
general public. | 411 |
(C)(1) If a person allegedly is aggrieved by the failure of a | 412 |
public office or the person responsible for public records to | 413 |
promptly prepare a public record and to make
it
available to the | 414 |
person for inspection in accordance with
division
(B) of this | 415 |
section or by any other failure of a public
office or the person | 416 |
responsible for public records to comply with an obligation in | 417 |
accordance
with division (B) of this section, the person allegedly | 418 |
aggrieved
may commence a mandamus action to obtain a judgment that | 419 |
orders
the public office or the person responsible for the public | 420 |
record
to comply with division (B) of this section, that
awards | 421 |
court costs and
reasonable attorney's fees to the person that | 422 |
instituted
the
mandamus action, and, if applicable, that includes | 423 |
an order fixing statutory damages under division (C)(1) of this | 424 |
section. The mandamus action may be commenced in the
court of | 425 |
common pleas of the county in which division (B) of this
section | 426 |
allegedly was not complied with, in the supreme court
pursuant to | 427 |
its original jurisdiction under Section 2 of Article
IV, Ohio | 428 |
Constitution, or in the court of appeals for the
appellate | 429 |
district in which division (B) of this section
allegedly
was not | 430 |
complied with pursuant to its original
jurisdiction under
Section | 431 |
3 of Article IV, Ohio Constitution. | 432 |
If a requestor transmits a written request by hand delivery | 433 |
or certified mail to inspect or receive copies of any public | 434 |
record in a manner that fairly describes the public record or | 435 |
class of public records to the public office or person responsible | 436 |
for the requested public records, except as otherwise provided in | 437 |
this section, the requestor shall be entitled to recover the | 438 |
amount of statutory damages set forth in this division if a court | 439 |
determines that the public office or the person responsible for | 440 |
public records failed to comply with an obligation in accordance | 441 |
with division (B) of this section. | 442 |
The amount of statutory damages shall be fixed at one hundred | 443 |
dollars for each business day during which the public office or | 444 |
person responsible for the requested public records failed to | 445 |
comply with an obligation in accordance with division (B) of this | 446 |
section, beginning with the day on which the requester files a | 447 |
mandamus action to recover statutory damages, up to a maximum of | 448 |
one thousand dollars. The award of statutory damages shall not be | 449 |
construed as a penalty, but as compensation for injury arising | 450 |
from lost use of the requested information. The existence of this | 451 |
injury shall be conclusively presumed. The award of statutory | 452 |
damages shall be in addition to all other remedies authorized by | 453 |
this section. | 454 |
(a) That, based on the ordinary application of statutory law | 458 |
and case law as it existed at the time of the conduct or | 459 |
threatened conduct of the public office or person responsible for | 460 |
the requested public records that allegedly constitutes a failure | 461 |
to comply with an obligation in accordance with division (B) of | 462 |
this section and that was the basis of the mandamus action, a | 463 |
well-informed public office or person responsible for the | 464 |
requested public records reasonably would believe that the conduct | 465 |
or threatened conduct of the public office or person responsible | 466 |
for the requested public records did not constitute a failure to | 467 |
comply with an obligation in accordance with division (B) of this | 468 |
section; | 469 |
(b) If the court renders a judgment that orders the public | 482 |
office or the person responsible for the public record to comply | 483 |
with division (B) of this section, the court may award reasonable | 484 |
attorney's fees subject to reduction as described in division | 485 |
(C)(2)(c) of this section. The court shall award reasonable | 486 |
attorney's fees, subject to reduction as described in division | 487 |
(C)(2)(c) of this section when either of the following applies: | 488 |
(i) That, based on the ordinary application of statutory law | 506 |
and case law as it existed at the time of the conduct or | 507 |
threatened conduct of the public office or person responsible for | 508 |
the requested public records that allegedly constitutes a failure | 509 |
to comply with an obligation in accordance with division (B) of | 510 |
this section and that was the basis of the mandamus action, a | 511 |
well-informed public office or person responsible for the | 512 |
requested public records reasonably would believe that the conduct | 513 |
or threatened conduct of the public office or person responsible | 514 |
for the requested public records did not constitute a failure to | 515 |
comply with an obligation in accordance with division (B) of this | 516 |
section; | 517 |
(E)(1) To ensure that all employees of public offices are | 527 |
appropriately educated about a public office's obligations under | 528 |
division (B) of this section, all elected officials or their | 529 |
appropriate designees shall attend training approved by the | 530 |
attorney general as provided in section 109.43 of the Revised | 531 |
Code. In addition, all public offices shall adopt a public records | 532 |
policy in compliance with this section for responding to public | 533 |
records requests. In adopting a public records policy under this | 534 |
division, a public office may obtain guidance from the model | 535 |
public records policy developed and provided to the public office | 536 |
by the attorney general under section 109.43 of the Revised Code. | 537 |
Except as otherwise provided in this section, the policy may not | 538 |
limit the number of public records that the public office will | 539 |
make available to a single person, may not limit the number of | 540 |
public records that it will make available during a fixed period | 541 |
of time, and may not establish a fixed period of time before it | 542 |
will respond to a request for inspection or copying of public | 543 |
records, unless that period is less than eight hours. | 544 |
(2) The public office shall distribute the public records | 545 |
policy adopted by the public office under division (E)(1) of this | 546 |
section to the employee of the public office who is the records | 547 |
custodian or records manager or otherwise has custody of the | 548 |
records of that office. The public office shall require that | 549 |
employee to acknowledge receipt of the copy of the public records | 550 |
policy. The public office shall create a poster that describes its | 551 |
public records policy and shall post the poster in a conspicuous | 552 |
place in the public office and in all locations where the public | 553 |
office has branch offices. The public office may post its public | 554 |
records policy on the internet web site of the public office if | 555 |
the public office maintains an internet web site. A public office | 556 |
that has established a manual or handbook of its general policies | 557 |
and procedures for all employees of the public office shall | 558 |
include the public records policy of the public office in the | 559 |
manual or handbook. | 560 |
(F)(1) The bureau of motor vehicles may adopt rules pursuant | 561 |
to
Chapter 119. of the Revised Code to reasonably
limit the number | 562 |
of bulk commercial special extraction requests made by a
person | 563 |
for the same records or for updated records during a calendar | 564 |
year.
The rules may include provisions for charges to be made for | 565 |
bulk commercial
special
extraction requests for the actual cost of | 566 |
the bureau, plus special extraction
costs, plus ten per cent. The | 567 |
bureau may charge for
expenses for redacting information, the | 568 |
release of which is prohibited by
law. | 569 |
(b) "Bulk commercial special extraction request" means a | 576 |
request
for copies of a record for information in a format other | 577 |
than the format
already available, or information that cannot be | 578 |
extracted without examination
of all items in a records series, | 579 |
class of records, or data base by a person
who intends to use or | 580 |
forward the copies for surveys, marketing, solicitation, or resale | 581 |
for
commercial purposes. "Bulk commercial special extraction | 582 |
request" does not
include a request by a person who gives | 583 |
assurance to the bureau that the
person making the request does | 584 |
not intend to use or forward the requested
copies for surveys, | 585 |
marketing,
solicitation, or resale for commercial purposes. | 586 |
(3) For purposes of divisions (F)(1)
and (2) of this
section, | 596 |
"surveys, marketing, solicitation, or
resale for commercial | 597 |
purposes"
shall be narrowly construed and does not include | 598 |
reporting or
gathering
news, reporting or gathering information to | 599 |
assist
citizen oversight or
understanding of the operation or | 600 |
activities
of government, or nonprofit
educational research. | 601 |
(B)(1) Upon request of any discharged member of
the armed | 629 |
forces of the United States and presentation of the
member's | 630 |
discharge, the county recorder shall record the discharge
in a | 631 |
book to be furnished by the board of county commissioners for
that | 632 |
purpose. There shall be no fee for the recording. The
record of | 633 |
discharge, or a certified copy of the record, shall be
received in | 634 |
evidence in all cases where the original discharge
would be | 635 |
received. | 636 |
(2)(a) A discharge recorded under division (B)(1) or (D) of | 637 |
this section is not a public record under section 149.43 of the | 638 |
Revised Code for a period of seventy-five years after the date of | 639 |
the recording. During that period, the county recorder's office | 640 |
shall make the record of discharge available only to an authorized | 641 |
party or to a
person other than an authorized party as provided | 642 |
by division (B)(2)(b) of this section.
Except as provided in | 643 |
section 317.27 of the Revised Code, the
authorized party shall | 644 |
pay the reasonable costs of copying the
record of discharge. | 645 |
(b) A person other than an authorized party may request to | 646 |
view or receive a copy of a discharge record recorded under | 647 |
division
(B)(1) or (D) of this section. Upon such a person's | 648 |
request, the county recorder's office shall provide a copy of the | 649 |
discharged record to the person that shall be redacted to contain | 650 |
only the name, rank, date of birth, date of discharge, and type of | 651 |
discharge of the person who is the subject of the discharge | 652 |
record. Except as provided in section 317.27 of the Revised Code, | 653 |
a person other than an authorized party shall pay the reasonable | 654 |
costs of copying the record of discharge. | 655 |
(B)(C) Upon application by a person whose discharge has been | 656 |
recorded pursuant to this section, the county recorder shall, | 657 |
without fee, expunge the person's record of discharge, expunge
the | 658 |
person's separation program number
or separation code from the | 659 |
person's record
of discharge
and from any of the person's other | 660 |
service-related documents that have been recorded, or expunge the | 661 |
person's social security number from the person's record of | 662 |
discharge and from any of the person's other service-related | 663 |
documents that have been recorded. The
application shall be in
the | 664 |
following form: | 665 |
I, ................ (Name of Applicant), the undersigned, | 668 |
hereby request the County Recorder of the County of ............ | 669 |
(Name of County), state of Ohio, to expunge my .......... (Insert | 670 |
Record of Discharge, Separation Program Number
or
Separation Code | 671 |
from my
Record of Discharge
and other
service-related documents, | 672 |
or Social Security Number from my
Record of Discharge and other | 673 |
service-related documents). | 674 |
(D) Upon the request of any person who served during World | 694 |
War I or World War II as a member of any armed force of the | 695 |
government of Poland or Czechoslovakia and participated while so | 696 |
serving in armed conflict with an enemy of the United States and | 697 |
who has been a citizen of the United States for at least ten | 698 |
years, and the presentation of the person's discharge, the
county | 699 |
recorder shall record the person's discharge in a
book to be | 700 |
furnished by the board of county commissioners for that purpose.
| 701 |
No fee shall be charged for the recording. The record, or a | 702 |
certified copy of
it, shall be received in evidence in all cases | 703 |
where the original
would be received. | 704 |
Sec. 317.27. On demand and tender of the proper fees, the | 705 |
county recorder
shall furnish to any person an accurate, certified | 706 |
copy of any record in
histhe recorder's office other than a | 707 |
record of discharge under section 317.24 of the Revised Code, and | 708 |
affix histhe
recorder's official seal thereto. The recorder shall | 709 |
issue, without
charge, upon the request of any discharged member | 710 |
of the armed forcesan authorized party, as defined in section | 711 |
317.24 of the Revised Code or a person other than an authorized | 712 |
party as defined in that section, one
certified copy or one | 713 |
certified
photostatic copy of the recorded record of
discharge | 714 |
under that
section, with the official seal of the county recorder | 715 |
affixed
thereto. | 716 |
(4) The prospective juror has a mental or physical condition | 733 |
that causes the prospective juror to be incapable of performing | 734 |
jury service. The prospective juror, or the prospective juror's | 735 |
personal representative, must provide the court with documentation | 736 |
from a physician licensed to practice medicine verifying that a | 737 |
mental or physical condition renders the prospective juror unfit | 738 |
for jury service for a period of up to twenty-four months. | 739 |
(2) A prospective juror who requests to be excused as | 762 |
provided in division (A)(6) of this section shall inform the | 763 |
appropriate court employee appointed by the court of the | 764 |
prospective juror's request to be so excused by not later than the | 765 |
date on which the prospective juror is scheduled to appear for | 766 |
jury duty. The prospective juror shall inform that court employee | 767 |
of the request to be so excused by appearing in person before the | 768 |
employee or contacting the employee by telephone, in writing, or | 769 |
by electronic mail. | 770 |
(E) When a prospective juror who is liable to serve is | 795 |
excused in a case
specified in this section, the prospective juror | 796 |
can be excused only by the judge
presiding in the case or a | 797 |
representative of the judge. An excuse, including whether or not | 798 |
it is a permanent excuse, approved
pursuant to this section shall | 799 |
not extend beyond that term. Every approved
excuse shall be | 800 |
recorded and filed with the
commissioners of jurors. After | 801 |
twenty-four months, a person excused from jury service shall | 802 |
become eligible once again for qualification as a juror unless the | 803 |
person was excused from service permanently. A person is excused | 804 |
from jury service permanently only when the deciding judge | 805 |
determines that the underlying grounds for being excused are of a | 806 |
permanent nature. | 807 |
(E) The owners or employees of any medium used for | 845 |
advertising,
including but not limited to, a newspaper, magazine, | 846 |
radio or television
network or station, cable
television system, | 847 |
billboard, transit ad, and global
communications network, by whom | 848 |
any advertisement or solicitation
in violation of this section is | 849 |
published or disseminated are not
liable under this section or | 850 |
section 2741.07 of the Revised Code unless it is established
that | 851 |
those
owners or employees had knowledge of the unauthorized use
of | 852 |
the persona as prohibited by this section. | 853 |
(B) Except for conditions that are within the scope of | 868 |
division (E) of this section, no
physician,
limited
practitioner, | 869 |
nurse, or other person giving aid to a sick
or injured person | 870 |
shall
negligently fail to report to law
enforcement authorities | 871 |
any
gunshot or stab wound
treated or observed
by the
physician, | 872 |
limited practitioner, nurse,
or person, or any serious physical | 873 |
harm to persons that the
physician, limited practitioner, nurse, | 874 |
or
person knows or has
reasonable cause to
believe resulted from | 875 |
an offense of violence. | 876 |
(C) No person who discovers the body or acquires the first | 877 |
knowledge of the death of a person shall fail to report the
death | 878 |
immediately to a physician whom the person knows to be
treating | 879 |
the deceased for a condition from which death at such
time would | 880 |
not be unexpected, or to a law enforcement officer,
an ambulance | 881 |
service,
an emergency squad, or the coroner in a political | 882 |
subdivision in which the body is discovered, the death is
believed | 883 |
to have occurred, or knowledge concerning the death is
obtained. | 884 |
(2) No physician, nurse, or limited practitioner who,
outside | 901 |
a hospital, sanitarium, or other medical facility,
attends
or | 902 |
treats a person who has sustained a burn injury
that is
inflicted | 903 |
by an
explosion or other incendiary device or that
shows evidence | 904 |
of
having been inflicted in a violent, malicious,
or criminal | 905 |
manner
shall fail to report the burn injury
immediately to the | 906 |
local
arson, or fire and explosion
investigation, bureau, if there | 907 |
is
a bureau
of this type in
the jurisdiction in
which the person | 908 |
is attended or treated,
or
otherwise to local law
enforcement | 909 |
authorities. | 910 |
(3) No manager, superintendent, or other person in charge
of | 911 |
a hospital, sanitarium, or other medical facility in which a | 912 |
person is attended or treated for any burn injury
that is | 913 |
inflicted by an
explosion or other incendiary device or that
shows | 914 |
evidence of
having been inflicted in a violent, malicious,
or | 915 |
criminal
manner
shall fail to report the burn injury
immediately | 916 |
to the
local
arson, or fire and explosion
investigation, bureau, | 917 |
if there is
a bureau
of this type in
the jurisdiction
in
which the | 918 |
person is attended or treated, or
otherwise to local
law | 919 |
enforcement authorities. | 920 |
(4) No person who is required to report any burn injury
under | 921 |
division (E)(2) or (3) of this section shall fail to file,
within | 922 |
three working days after attending or treating the victim,
a | 923 |
written report of the burn injury with the office of the state | 924 |
fire marshal. The report shall
comply
with the uniform standard | 925 |
developed by the
state fire marshal
pursuant to division (A)(15) | 926 |
of section 3737.22 of the Revised
Code. | 927 |
(5) Anyone participating in the making of reports under | 928 |
division (E) of this section or anyone participating in a
judicial | 929 |
proceeding resulting from the reports is immune
from any civil or | 930 |
criminal liability that otherwise might be
incurred or imposed as | 931 |
a result of such actions. Notwithstanding
section 4731.22 of the | 932 |
Revised Code, the physician-patient
relationship is not a ground | 933 |
for excluding evidence regarding a
person's burn injury or the | 934 |
cause of the burn injury in any
judicial proceeding resulting from | 935 |
a report submitted
under division (E) of this section. | 936 |
(F)(1) Any doctor of medicine or osteopathic medicine, | 937 |
hospital intern or
resident, registered or licensed practical | 938 |
nurse, psychologist, social worker,
independent social worker, | 939 |
social work assistant, professional
clinical counselor, or | 940 |
professional counselor who knows or has reasonable
cause to | 941 |
believe that a patient or client
has been the victim of domestic | 942 |
violence, as defined in section 3113.31 of the
Revised Code, shall | 943 |
note that knowledge or belief and the basis for it in the | 944 |
patient's or client's records. | 945 |
(1) The information is privileged by reason of the | 954 |
relationship between attorney and client; doctor and
patient; | 955 |
licensed psychologist or licensed school psychologist
and client; | 956 |
member of the clergy, rabbi,
minister, or priest and any person | 957 |
communicating information confidentially to the member of the | 958 |
clergy, rabbi, minister, or priest for a religious
counseling | 959 |
purpose
of a professional
character;
husband and wife; or a | 960 |
communications
assistant and those who are a party to
a | 961 |
telecommunications relay service call. | 962 |
(5) Disclosure would amount to revealing information
acquired | 973 |
by the actor in the course of the actor's duties in
connection | 974 |
with a bona fide program of treatment or services for
drug | 975 |
dependent persons or persons in danger of drug dependence,
which | 976 |
program is maintained or conducted by a hospital, clinic,
person, | 977 |
agency, or organization certified pursuant to section
3793.06 of | 978 |
the Revised Code. | 979 |
(6) Disclosure would amount to revealing information
acquired | 980 |
by the actor in the course of the actor's duties in
connection | 981 |
with a bona fide program for providing counseling
services to | 982 |
victims of crimes that are violations of section
2907.02 or | 983 |
2907.05 of the Revised Code or to victims of felonious
sexual | 984 |
penetration in
violation of former section 2907.12 of the
Revised | 985 |
Code. As used in this
division, "counseling services"
include | 986 |
services provided in an
informal setting by a person who,
by | 987 |
education or experience, is
competent to provide
those
services. | 988 |
Sec. 3333.42. No state institution of higher education, as | 1004 |
defined in section 3345.011 of the Revised Code, shall charge a | 1005 |
nonresident student who is a member of the armed forces of the | 1006 |
United States and who is stationed in this state pursuant to | 1007 |
military orders, or who is the spouse or dependent child of such a | 1008 |
student, rates for tuition and fees that are higher than the rates | 1009 |
charged to an Ohio resident. | 1010 |
(B) Any person whose absence from a position of employment is | 1021 |
necessitated by reason of service in the uniformed services or in | 1022 |
the Ohio organized militia has the same reinstatement and | 1023 |
reemployment rights in this state that a person has under the | 1024 |
"Uniformed Services Employment and Reemployment Rights Act of | 1025 |
1994." A person who is denied a reinstatement or reemployment | 1026 |
right pursuant to this section has a cause of action for the same | 1027 |
remedies as a person has under the "Uniformed Services Employment | 1028 |
and Reemployment Rights Act of 1994." The court of common pleas, | 1029 |
notwithstanding any sum limitation established by decision of a | 1030 |
board of county commissioners pursuant to section 2305.01 of the | 1031 |
Revised Code, shall have exclusive original jurisdiction for such | 1032 |
actions, unless the defendant is the state, in which case the | 1033 |
court of claims shall have exclusive original jurisdiction | 1034 |
pursuant to division (C) of this section. | 1035 |
(E) In any action or proceeding to enforce a provision of | 1047 |
this section the court may award to a plaintiff who prevails in | 1048 |
such action or proceeding reasonable attorney's fees, expert | 1049 |
witness fees, and other litigation expenses. If the plaintiff does | 1050 |
not receive a favorable judgment from the court in that action, | 1051 |
the court shall not require the plaintiff to reimburse the state | 1052 |
or the defendant
for attorney's fees. | 1053 |
(G) A person is not entitled to a remedy in a state action | 1058 |
under division (B) or (C) of this section if the person has | 1059 |
received a remedy based on the same facts under the "Uniformed | 1060 |
Services Employment and Reemployment Rights Act of 1994." If a | 1061 |
person has received a remedy in a state action under division (B) | 1062 |
or (C) of this section and then receives a remedy based on the | 1063 |
same facts under the "Uniformed Services Employment and | 1064 |
Reemployment Rights Act of 1994," the person shall reimburse the | 1065 |
judgment debtor the value of the federal remedy or the state | 1066 |
remedy whichever is less. | 1067 |
Section 4. Section 149.43 of the Revised Code is presented | 1110 |
in this act as a composite of the section as amended
by both Sub. | 1111 |
H.B. 9 and Sub. H.B. 141 of
the 126th General
Assembly. The | 1112 |
General Assembly, applying the
principle stated in
division (B) | 1113 |
of section 1.52 of the Revised
Code that amendments
are to be | 1114 |
harmonized if reasonably capable of
simultaneous
operation, finds | 1115 |
that the composite is the resulting
version of
the section in | 1116 |
effect prior to the effective date of
the section
as presented in | 1117 |
this act. | 1118 |