(1) "Rule" includes any rule, regulation, bylaw, or standard | 27 |
having a general and uniform operation adopted by an agency under | 28 |
the authority of the laws governing the agency; any appendix to a | 29 |
rule; and any internal management rule. "Rule" does not include | 30 |
any guideline adopted pursuant to section 3301.0714 of the Revised | 31 |
Code, any order respecting the duties of employees, any finding, | 32 |
any determination of a question of law or fact in a matter | 33 |
presented to an agency, or any rule promulgated pursuant to | 34 |
Chapter 119., section 4141.14, division (C)(1) or (2) of section | 35 |
5117.02, or section 5703.14 of the Revised Code. "Rule" includes | 36 |
any amendment or rescission of a rule. | 37 |
(2) "Agency" means any governmental entity of the state and | 38 |
includes, but is not limited to, any board, department, division, | 39 |
commission, bureau, society, council, institution, state college | 40 |
or university, community college district, technical college | 41 |
district, or state community college. "Agency" does not include | 42 |
the general assembly, the controlling board, the adjutant | 43 |
general's department, or any court. | 44 |
An agency that adopts or amends a rule that is subject to | 62 |
division (D) of this section shall assign a review date to the | 63 |
rule that is not later than five years after its effective date. | 64 |
If no review date is assigned to a rule, or if a review date | 65 |
assigned to a rule exceeds the five-year maximum, the review date | 66 |
for the rule is five years after its effective date. A rule with a | 67 |
review date is subject to review under section 119.032 of the | 68 |
Revised Code. This paragraph does not apply to a rule of a state | 69 |
college or university, community college district, technical | 70 |
college district, or state community college. | 71 |
(2) A rule of an emergency nature necessary for the immediate | 86 |
preservation of the public peace, health, or safety shall state | 87 |
the reasons for the necessity. The emergency rule, in final form | 88 |
and in compliance with division (B)(3) of this section, shall be | 89 |
filed in electronic form with the secretary of state, the director | 90 |
of the legislative service commission, and the joint committee on | 91 |
agency rule review. The emergency rule is effective immediately | 92 |
upon completion of the latest filing, except that if the agency in | 93 |
adopting the emergency rule designates an effective date, or date | 94 |
and time of day, that is later than the effective date and time | 95 |
provided for by division (B)(2) of this section, the emergency | 96 |
rule if filed as required by such division shall become effective | 97 |
at the later date, or later date and time of day, designated by | 98 |
the agency. | 99 |
An emergency rule becomes invalid at the end of the ninetieth | 100 |
day it is in effect. Prior to that date, the agency may file the | 101 |
emergency rule as a nonemergency rule in compliance with division | 102 |
(B)(1) of this section. The agency may not refile the emergency | 103 |
rule in compliance with division (B)(2) of this section so that, | 104 |
upon the emergency rule becoming invalid under such division, the | 105 |
emergency rule will continue in effect without interruption for | 106 |
another ninety-day period. | 107 |
(C) All rules filed pursuant to divisions (B)(1)(a) and (2) | 128 |
of this section shall be recorded by the secretary of state and | 129 |
the director under the title of the agency adopting the rule and | 130 |
shall be numbered according to the numbering system devised by the | 131 |
director. The secretary of state and the director shall preserve | 132 |
the rules in an accessible manner. Each such rule shall be a | 133 |
public record open to public inspection and may be transmitted to | 134 |
any law publishing company that wishes to reproduce it. | 135 |
(D) At least sixty-five days before a board, commission, | 136 |
department, division, or bureau of the government of the state | 137 |
files a rule under division (B)(1) of this section, it shall file | 138 |
the full text of the proposed rule in electronic form with the | 139 |
joint committee on agency rule review, and the proposed rule is | 140 |
subject to legislative review and invalidation under division (I) | 141 |
of section 119.03 of the Revised Code. If a state board, | 142 |
commission, department, division, or bureau makes a substantive | 143 |
revision in a proposed rule after it is filed with the joint | 144 |
committee, the state board, commission, department, division, or | 145 |
bureau shall promptly file the full text of the proposed rule in | 146 |
its revised form in electronic form with the joint committee. The | 147 |
latest version of a proposed rule as filed with the joint | 148 |
committee supersedes each earlier version of the text of the same | 149 |
proposed rule. Except as provided in division (F) of this section, | 150 |
aA state board, commission, department, division, or bureau shall | 151 |
also file the rule summary and fiscal analysis prepared under | 152 |
section 127.18 of the Revised Code in electronic form along with a | 153 |
proposed rule, and along with a proposed rule in revised form, | 154 |
that is filed under this division. If a proposed rule has an | 155 |
adverse impact on businesses, the state board, commission, | 156 |
department, division, or bureau also shall file the business | 157 |
impact analysis, any recommendations received from the common | 158 |
sense initiative office, and the associated memorandum of | 159 |
response, if any, in electronic form along with the proposed rule, | 160 |
or the proposed rule in revised form, that is filed under this | 161 |
division. | 162 |
(2) A rule proposed under section 1121.05, 1121.06, 1155.18, | 168 |
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341, | 169 |
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised | 170 |
Code; | 171 |
(6) An initial rule proposed by the director of health to | 187 |
impose safety standards and quality-of-care standards with respect | 188 |
to a health service specified in section 3702.11 of the Revised | 189 |
Code, or an initial rule proposed by the director to impose | 190 |
quality standards on a facility listed in division (A)(4) of | 191 |
section 3702.30 of the Revised Code, if section 3702.12 of the | 192 |
Revised Code requires that the rule be adopted under this section; | 193 |
(E) Whenever a state board, commission, department, division, | 201 |
or bureau files a proposed rule or a proposed rule in revised form | 202 |
under division (D) of this section, it shall also file the full | 203 |
text of the same proposed rule or proposed rule in revised form in | 204 |
electronic form with the secretary of state and the director of | 205 |
the legislative service commission. Except as provided in division | 206 |
(F) of this section, aA state board, commission, department, | 207 |
division, or bureau shall file the rule summary and fiscal | 208 |
analysis prepared under section 127.18 of the Revised Code in | 209 |
electronic form along with a proposed rule or proposed rule in | 210 |
revised form that is filed with the secretary of state or the | 211 |
director of the legislative service commission. | 212 |
(F) Except as otherwise provided in this division, the | 213 |
auditor of state or the auditor of state's designee is not | 214 |
required to file a rule summary and fiscal analysis along with a | 215 |
proposed rule, or proposed rule in revised form, that the auditor | 216 |
of state proposes under section 117.12, 117.19, 117.38, or 117.43 | 217 |
of the Revised Code and files under division (D) or (E) of this | 218 |
section. | 219 |
(1) Money or revenue earned by or from a person's ownership, | 233 |
operation, or use of an asset, whether tangible or intangible, | 234 |
that either in whole or in part was sold, was leased, was | 235 |
licensed, was the granting of a franchise, or was otherwise | 236 |
transferred or conveyed by a public office to the person pursuant | 237 |
to an agreement, authorized by law, between the person and the | 238 |
public office in which the public office received consideration | 239 |
from the person for the asset that was sold, leased, licensed, | 240 |
franchised, or otherwise transferred or conveyed; | 241 |
(2) With respect to the transfer described in Chapter 4313. | 242 |
of the Revised Code and the operation of the enterprise | 243 |
acquisition project, revenues or receipts of or from the | 244 |
enterprise acquisition project in the hands of the nonprofit | 245 |
corporation formed under section 187.01 of the Revised Code or of | 246 |
a nonprofit entity the sole member of which is that nonprofit | 247 |
corporation, but does include any taxes collected on the | 248 |
spirituous liquor sales and then due the department of taxation | 249 |
and amounts then due to the state general revenue fund pursuant to | 250 |
section 4301.12 of the Revised Code. As used in this division, | 251 |
"enterprise acquisition project" has the meaning defined in | 252 |
section 4313.01 of the Revised Code. | 253 |
(D) "Public office" means any state agency, public | 254 |
institution, political subdivision, other organized body, office, | 255 |
agency, institution, or entity established by the laws of this | 256 |
state for the exercise of any function of government. "Public | 257 |
office" does not include the nonprofit corporation formed under | 258 |
section 187.01 of the Revised Code. | 259 |
(3) Any other type of examination, analysis, or inspection of | 278 |
a public office, or of the specific funds or accounts of a private | 279 |
institution, association, board, or corporation receivinginto | 280 |
which public money has been placed or deposited, that is conducted | 281 |
according to generally accepted or governmental auditing standards | 282 |
established by rule pursuant to section 117.19 of the Revised | 283 |
Code. | 284 |
Sec. 117.10. (A) The auditor of state shall audit all public | 287 |
offices as provided in this chapter. The auditor of state also may | 288 |
audit the specific funds or accounts of private institutions, | 289 |
associations, boards, and corporations
receivinginto which has | 290 |
been placed or deposited public money for their usefrom a public | 291 |
office and may require of them annual reports in such form as the | 292 |
auditor of state prescribes. The auditor of state may audit some | 293 |
or all of the other funds or accounts of a private institution, | 294 |
association, board, or corporation that has received public money | 295 |
from a public office only if one or more of the following applies:
| 296 |
(B) If the auditor of state performs or contracts for the | 314 |
performance of an audit, including a special audit, of the public | 315 |
employees retirement system, school employees retirement system, | 316 |
state teachers retirement system, state highway patrol retirement | 317 |
system, or Ohio police and fire pension fund, the auditor of state | 318 |
shall make a timely report of the results of the audit to the Ohio | 319 |
retirement study council. | 320 |
Sec. 117.11. (A) Except as otherwise provided in this | 340 |
division and in sections 117.112 and, 117.113, and 117.114 of the | 341 |
Revised Code, the auditor of state shall audit each public office | 342 |
at least once every two fiscal years. The auditor of state shall | 343 |
audit a public office each fiscal year if that public office is | 344 |
required to be audited on an annual basis pursuant to "The Single | 345 |
Audit Act of 1984," 98 Stat. 2327, 31 U.S.C.A. 7501 et seq., as | 346 |
amended. In the annual or biennial audit, inquiry shall be made | 347 |
into the methods, accuracy, and legality of the accounts, | 348 |
financial reports, records, files, and reports of the office, | 349 |
whether the laws, rules, ordinances, and orders pertaining to the | 350 |
office have been observed, and whether the requirements and rules | 351 |
of the auditor of state have been complied with. Except as | 352 |
otherwise provided in this division or where auditing standards or | 353 |
procedures dictate otherwise, each audit shall cover at least one | 354 |
fiscal year. If a public office is audited only once every two | 355 |
fiscal years, the audit shall cover both fiscal years. | 356 |
(C)(1) The auditor of state shall identify any public office | 364 |
in which the auditor of state will be unable to conduct an audit | 365 |
at least once every two fiscal years as required by division (A) | 366 |
of this section and shall provide immediate written notice to the | 367 |
clerk of the legislative authority or governing board of the | 368 |
public office so identified. Within six months of the receipt of | 369 |
such notice, the legislative authority or governing board may | 370 |
engage an independent certified public accountant to conduct an | 371 |
audit pursuant to section 117.12 of the Revised Code. | 372 |
(2) When the chief fiscal officer of a public office notifies | 373 |
the auditor of state that an audit is required at a time prior to | 374 |
the next regularly scheduled audit by the auditor of state, the | 375 |
auditor of state shall either cause an earlier audit to be made by | 376 |
the auditor of state or authorize the legislative authority or | 377 |
governing board of the public office to engage an independent | 378 |
certified public accountant to conduct the required audit. The | 379 |
scope of the audit shall be as authorized by the auditor of state. | 380 |
(4) The contract for attest services with an independent | 387 |
accountant employed pursuant to this section or section 115.56 of | 388 |
the Revised Code may include binding arbitration provisions, | 389 |
provisions of Chapter 2711. of the Revised Code, or any other | 390 |
alternative dispute resolution procedures to be followed in the | 391 |
event a dispute remains between the state or public office and the | 392 |
independent accountant concerning the terms of or services under | 393 |
the contract, or a breach of the contract, after the | 394 |
administrative provisions of the contract have been exhausted. | 395 |
(E) The auditor of state shall, in accordance with division | 402 |
(A)(3) of section 9.65 of the Revised Code and this section, may | 403 |
audit an annuity program for volunteer fire fighters established | 404 |
by a political subdivision under section 9.65 of the Revised Code. | 405 |
As used in this section, "volunteer fire fighters" and "political | 406 |
subdivision" have the same meanings as in division (C) of section | 407 |
9.65 of the Revised Code. | 408 |
(1) "Qualifying subdivision" means an agricultural society, | 410 |
county board of health, cemetery, conservancy district, family and | 411 |
children first council, fire district, ambulance district, fire | 412 |
and ambulance district, library, park or recreation district, | 413 |
regional planning commission, solid waste district, township, | 414 |
village, water district, sewer district, or water and sewer | 415 |
district, or a political subdivision determined by the auditor of | 416 |
state on a case-by-case basis to be a qualifying subdivision. | 417 |
(B) The auditor of state shall establish by rule an | 421 |
agreed-upon procedure by which eligible subdivisions may be | 422 |
audited. The rules shall set forth the standards, procedures, | 423 |
guidelines, and reporting requirements for an agreed-upon | 424 |
procedure audit. At a minimum, the rules shall require that, to be | 425 |
eligible for an agreed-upon procedure audit, a political | 426 |
subdivision must be a qualifying subdivision that meets all of the | 427 |
following criteria: | 428 |
Sec. 117.12. (A) Any certified public accountant engaged to | 485 |
perform an audit pursuant to division (C) of section 117.11 of the | 486 |
Revised Code shall conduct the audit pursuant to the standards, | 487 |
procedures, and guidelines of the auditor of state for such | 488 |
audits. The auditor of state shall establish these standards, | 489 |
procedures, and guidelines by rule. The audit shall cover the | 490 |
period beginning with the termination date of the most recent | 491 |
audit conducted under this section or under section 117.11 or | 492 |
117.114 of the Revised Code, and ending on the date specified by | 493 |
the auditor of state. The accountant shall inquire into the | 494 |
methods, accuracy, and legality of the accounts, records, files, | 495 |
and reports of the public office and shall note whether, in the | 496 |
accountant's opinion, the laws, rules, ordinances, and orders | 497 |
pertaining to the public office have been complied with. The | 498 |
(1) Develop a force account project assessment form that each | 510 |
public office that undertakes force account projects shall use to | 511 |
estimate or report the cost of a force account project. The form | 512 |
shall include costs for employee salaries and benefits, any other | 513 |
labor costs, materials, freight, fuel, hauling, overhead expense, | 514 |
workers' compensation premiums, and all other items of cost and | 515 |
expense, including a reasonable allowance for the use of all tools | 516 |
and equipment used on or in connection with such work and for the | 517 |
depreciation on the tools and equipment. | 518 |
(C)(1) If the auditor of state finds that a county, township, | 534 |
or municipal corporation violated the force account limits | 535 |
established for that political subdivision, the auditor of state, | 536 |
in addition to any other action authorized by this chapter, shall | 537 |
notify the political subdivision that, for a period of one year | 538 |
from the date of the notification, the force account limits for | 539 |
the subdivision are reduced as follows: | 540 |
(2) If the auditor of state finds that a county, township, or | 551 |
municipal corporation violated the force account limits | 552 |
established for that political subdivision a second or subsequent | 553 |
time, the auditor of state, in addition to any other action | 554 |
authorized by this chapter, shall notify the political subdivision | 555 |
that, for a period of two years from the date of the notification, | 556 |
the force account limits for the subdivision are reduced in | 557 |
accordance with division (C)(1)(a), (b), or (c) of this section. | 558 |
(3) If the auditor of state finds that a county, township, or | 559 |
municipal corporation violated the force account limits | 560 |
established for that political subdivision a third or subsequent | 561 |
time, the auditor of state shall certify to the tax commissioner | 562 |
an amount the auditor of state determines to be twenty per cent of | 563 |
the total cost of the force account project that is the basis of | 564 |
the violation. Upon receipt of this certification, the tax | 565 |
commissioner shall withhold the certified amount from any funds | 566 |
under the tax commissioner's control that are due or payable to | 567 |
that political subdivision. The tax commissioner shall promptly | 568 |
deposit this withheld amount to the credit of the local | 569 |
transportation improvement program fund created by section 164.14 | 570 |
of the Revised Code. | 571 |
If the tax commissioner determines that no funds are due and | 572 |
payable to the violating political subdivision or that | 573 |
insufficient amounts of such funds are available to cover the | 574 |
entire certified amount, the tax commissioner shall withhold and | 575 |
deposit to the credit of the local transportation improvement | 576 |
program fund any amount available and certify the remaining amount | 577 |
to be withheld to the county auditor of the county in which the | 578 |
political subdivision is located. The county auditor shall | 579 |
withhold from that political subdivision any amount, up to that | 580 |
certified by the tax commissioner, that is available from any | 581 |
funds under the county auditor's control, that is due or payable | 582 |
to that political subdivision, and that can be lawfully withheld. | 583 |
The county auditor shall promptly pay that withheld amount to the | 584 |
tax commissioner for deposit into the local transportation | 585 |
improvement program fund. | 586 |
(d) Conduct, on the date and at the time and place designated | 626 |
in the notice, a public hearing at which any person affected by | 627 |
the proposed rule, including statewide organizations of local | 628 |
government officials, may appear and be heard in person, by | 629 |
attorney, or both, and may present the person's or organization's | 630 |
position or contentions orally or in writing. | 631 |
(2) Except as otherwise provided in division (A)(2) of this | 632 |
section, complyComply with divisions (B) to (E) of section 111.15 | 633 |
of the Revised Code. The auditor of state is not required to file | 634 |
a rule summary and fiscal analysis along with any copy of a | 635 |
proposed rule, or proposed rule in revised form, that is filed | 636 |
with the joint committee on agency rule review, the secretary of | 637 |
state, or the director of the legislative service commission under | 638 |
division (D) or (E) of section 111.15 of the Revised Code. | 639 |
(C) Notwithstanding any contrary provision of the Revised | 645 |
Code, the auditor of state may prepare and disseminate, to public | 646 |
offices and other interested persons and organizations, advisory | 647 |
bulletins, directives, and instructions relating to accounting and | 648 |
financial reporting systems, budgeting procedures, fiscal | 649 |
controls, and the constructions by the auditor of state of | 650 |
constitutional and statutory provisions, court decisions, and | 651 |
opinions of the attorney general. The bulletins, directives, and | 652 |
instructions shall be of an advisory nature only. | 653 |
(3) A brief summary of, and the legal basis for, the proposed | 687 |
rule, including citations identifying the statute that prescribes | 688 |
the procedure in accordance with which the rule-making agency is | 689 |
required to adopt the proposed rule, the statute that authorizes | 690 |
the agency to adopt the proposed rule, and the statute that the | 691 |
agency intends to amplify or implement by adopting the proposed | 692 |
rule; | 693 |
(9) If the rule has a fiscal effect on school districts, | 707 |
counties, townships, or municipal corporations and is the result | 708 |
of a federal requirement, a clear explanation that the proposed | 709 |
state rule does not exceed the scope and intent of the | 710 |
requirement, or, if the state rule does exceed the minimum | 711 |
necessary federal requirement, a justification of the excess cost, | 712 |
and an estimate of the costs, including those costs for local | 713 |
governments, exceeding the federal requirement; | 714 |
(10) If the rule has a fiscal effect on school districts, | 715 |
counties, townships, or municipal corporations, a comprehensive | 716 |
cost estimate that includes the procedure and method of | 717 |
calculating the costs of compliance and identifies major cost | 718 |
categories including personnel costs, new equipment or other | 719 |
capital costs, operating costs, and indirect central service costs | 720 |
related to the rule. The fiscal analysis shall also include a | 721 |
written explanation of the agency's and the affected local | 722 |
government's ability to pay for the new requirements and a | 723 |
statement of any impact the rule will have on economic | 724 |
development. | 725 |
(C) The rule-making agency shall file the rule summary and | 744 |
fiscal analysis in electronic form along with the proposed rule | 745 |
that it files under divisions (D) and (E) of section 111.15 or | 746 |
divisions (B) and (H) of section 119.03 of the Revised Code. The | 747 |
joint committee on agency rule review shall not accept any | 748 |
proposed rule for filing unless a copy of the rule summary and | 749 |
fiscal analysis of the proposed rule, completely and accurately | 750 |
prepared, is filed along with the proposed rule. | 751 |
The governor is hereby authorized to form a nonprofit | 769 |
corporation, to be named "JobsOhio," with the purposes of | 770 |
promoting economic development, job creation, job retention, job | 771 |
training, and the recruitment of business to this state. Except as | 772 |
otherwise provided in this chapter, the corporation shall be | 773 |
organized and operated in accordance with Chapter 1702. of the | 774 |
Revised Code. The governor shall sign and file articles of | 775 |
incorporation for the corporation with the secretary of state. The | 776 |
legal existence of the corporation shall begin upon the filing of | 777 |
the articles. | 778 |
(C) A requirement that the governor make initial appointments | 788 |
to the board within sixty days after the filing of the articles of | 789 |
incorporation. Of the initial appointments made to the board, two | 790 |
shall be for a term ending one year after the date the articles | 791 |
were filed, two shall be for a term ending two years after the | 792 |
date the articles were filed, and five shall be for a term ending | 793 |
four years after the date the articles were filed. The articles | 794 |
shall state that, following the initial appointments, the governor | 795 |
shall appoint directors to terms of office of four years, with | 796 |
each term of office ending on the same day of the same month as | 797 |
did the term that it succeeds. If any director dies, resigns, or | 798 |
the director's status changes such that any of the requirements of | 799 |
division (C) of section 187.02 of the Revised Code are no longer | 800 |
met, that director's seat on the board shall become immediately | 801 |
vacant. The governor shall forthwith fill the vacancy by | 802 |
appointment for the remainder of the term of office of the vacated | 803 |
seat. | 804 |
(E) A provision for the appointment of a chief investment | 809 |
officer of the corporation by the recommendation of the board and | 810 |
approval of the governor. The chief investment officer shall serve | 811 |
at the pleasure of the board and shall have the power to execute | 812 |
contracts, spend corporation funds, and hire employees on behalf | 813 |
of the corporation. If the position of chief investment officer | 814 |
becomes vacant for any reason, the vacancy shall be filled in the | 815 |
same manner as provided in this division. | 816 |
(3) Approve a contract with the director of development | 823 |
services for the corporation to assist the director and the | 824 |
development services agency with providing services or otherwise | 825 |
carrying out the functions or duties of the agency, including the | 826 |
operation and management of programs, offices, divisions, or | 827 |
boards, as may be determined by the director of development | 828 |
services in consultation with the governor; | 829 |
(7) Hold a minimum of four board of directors meetings per | 837 |
year at which a quorum of the board is physically present, and | 838 |
such other meetings, at which directors' physical presence is not | 839 |
required, as may be necessary. Meetings at which a quorum of the | 840 |
board is required to be physically present are subject to | 841 |
divisions (C), (D), and (E) of section 187.03 of the Revised Code. | 842 |
(I) Procedures by which the corporation would be dissolved | 856 |
and by which all corporation rights and assets would be | 857 |
distributed to the state or to another corporation organized under | 858 |
this chapter. These procedures shall incorporate any separate | 859 |
procedures subsequently set forth in this chapter for the | 860 |
dissolution of the corporation. The articles shall state that no | 861 |
dissolution shall take effect until the corporation has made | 862 |
adequate provision for the payment of any outstanding bonds, | 863 |
notes, or other obligations. | 864 |
(J) A provision establishing an audit committee to be | 865 |
comprised of directors. The articles shall require that the audit | 866 |
committee hire ana firm of independent certified public | 867 |
accountantaccountants, selected in consultation with the auditor | 868 |
of state, to perform, once each year, a financial audit of the | 869 |
corporation at least once every yearand of any nonprofit entity | 870 |
the sole member of which is JobsOhio.
The articles also shall | 871 |
require all of the following: | 872 |
Sec. 187.04. (A) The director of development services, as | 893 |
soon as practical after February 18, 2011, shall execute a | 894 |
contract with JobsOhio for the corporation to assist the director | 895 |
and the development services agency with providing services or | 896 |
otherwise carrying out the functions or duties of the agency, | 897 |
including the operation and management of programs, offices, | 898 |
divisions, or boards, as may be determined by the director in | 899 |
consultation with the governor. The approval or disapproval of | 900 |
awards involving public money shall remain functions of the | 901 |
agency. All contracts for grants, loans, and tax incentives | 902 |
involving public money shall be between the agency and the | 903 |
recipient and shall be enforced by the agency. JobsOhio may not | 904 |
execute contracts obligating the agency for loans, grants, tax | 905 |
credits, or incentive awards recommended by JobsOhio to the | 906 |
agency. Prior to execution, all contracts between the director and | 907 |
JobsOhio entered into under this section that obligate the agency | 908 |
to pay JobsOhio for services rendered are subject to controlling | 909 |
board approval. | 910 |
JobsOhio's provision of services to the agency as described | 916 |
in this section shall be pursuant to a contract entered into under | 917 |
this section. If at any time the director determines that the | 918 |
contract with JobsOhio may not be renewed for the subsequent | 919 |
fiscal biennium, the director shall notify JobsOhio of the | 920 |
director's decision not later than one hundred twenty days prior | 921 |
to the end of the current fiscal biennium. If the director does | 922 |
not provide such written notice to JobsOhio prior to one hundred | 923 |
days before the end of the current fiscal biennium, the contract | 924 |
shall be renewed upon such terms as the parties may agree, subject | 925 |
to the requirements of this section. | 926 |
(4) Division (B) of section 4701.19 of the Revised Code | 985 |
applies to any work papers of the firm of independent certified | 986 |
public accountants engaged to perform the annual financial audit | 987 |
and the supplemental compliance and control review described in | 988 |
division (J) of section 187.01 of the Revised Code, and to the | 989 |
financial audit report and any report of the supplemental | 990 |
compliance and control review, unless the record is designated to | 991 |
be available to the public by the contract under division (B)(2) | 992 |
of this section. | 993 |
(D) Any contract executed under authority of this section | 994 |
shall not negate, impair, or otherwise adversely affect the | 995 |
obligation of this state to pay debt charges on securities | 996 |
executed by the director or issued by the treasurer of state, Ohio | 997 |
public facilities commission, or any other issuing authority under | 998 |
Chapter 122., 151., 165., or 166. of the Revised Code to fund | 999 |
economic development programs of the state, or to abide by any | 1000 |
pledge or covenant relating to the payment of those debt charges | 1001 |
made in any related proceedings. As used in this division, "debt | 1002 |
charges," "proceedings," and "securities" have the same meanings | 1003 |
as in section 133.01 of the Revised Code. | 1004 |