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(127th General Assembly)
(Substitute House Bill Number 525)
AN ACT
To amend sections 101.45, 117.18, 119.09, 124.09,
169.08, 317.36, 505.495, 709.032, 733.39, 1121.38,
1315.17, 1315.24, 1321.07,
1321.42, 1509.36,
1513.131, 1571.10, 1571.14, 1707.23, 1901.26,
1905.26, 2335.06, 2335.08, 2743.06, 2743.65,
3745.05, 3901.04,
3901.321, 4112.04, 4121.16,
4123.13, 4167.10, 4301.04, 4503.03,
4517.32,
4701.29, 4723.29, 4725.23, 4728.05, 4730.26,
4731.22,
4735.04, 4738.11, 4741.03, 4760.14,
4762.14, 4763.04, 4769.06,
4903.05, 5101.37,
5120.30, 5123.14, 5123.96, 5149.11, 5703.29,
5727.62, and 5924.47 and to enact sections
119.094,
317.114, 317.37, and 3333.30 of the
Revised Code
to
establish standard format
requirements for
documents to be recorded by a
county recorder,
to allow
recording of a single
instrument for
multiple transactions
pertaining
to oil and gas, to permit the
board of county
commissioners in each county to set the mileage
reimbursement rate for witnesses in civil cases in
county courts
at a rate not to exceed fifty and
one-half cents per mile, to
set the mileage
reimbursement rate for witnesses in other courts
of record and state adjudication hearings at fifty
and one-half
cents per mile, and to
authorize the Chancellor of the Ohio Board of
Regents to enter
into an agreement with private entities to provide access to
career information on
the Board of Regents' web site.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 101.45, 117.18, 119.09, 124.09,
169.08, 317.36, 505.495, 709.032, 733.39, 1121.38,
1315.17,
1315.24, 1321.07,
1321.42, 1509.36,
1513.131, 1571.10, 1571.14,
1707.23, 1901.26,
1905.26, 2335.06, 2335.08, 2743.06, 2743.65,
3745.05, 3901.04,
3901.321, 4112.04, 4121.16,
4123.13, 4167.10,
4301.04, 4503.03,
4517.32,
4701.29, 4723.29, 4725.23, 4728.05,
4730.26,
4731.22,
4735.04, 4738.11, 4741.03, 4760.14,
4762.14,
4763.04, 4769.06,
4903.05, 5101.37,
5120.30, 5123.14, 5123.96,
5149.11, 5703.29,
5727.62, and 5924.47 be amended and sections
119.094,
317.114, 317.37, and 3333.30 of the Revised Code be
enacted to
read as
follows:
Sec. 101.45. Sheriffs and witnesses shall be paid the same
fees and mileage
for services and attendance as are allowed in the
court of common pleas for
similar services and attendance.
Witnesses shall be paid the same fees and mileage as witnesses are
provided under section 119.094 of the Revised Code. Such fees and
mileage shall be paid from the
state treasury on the certificate
of the chairman chairperson of
the committee or
subcommittee which
issued the subpoena.
Sec. 117.18. (A) The auditor of state and any
employee
designated by the
auditor of state may, in the performance of any
audit, issue and
serve subpoenas and compulsory process or direct
service thereof
by a sheriff or constable, compel the attendance
of witnesses and
the production of records, administer oaths, and
apply
to a court of competent jurisdiction to punish for
disobedience
of subpoena, refusal to be sworn, refusal to answer
as a witness,
or refusal to produce records. Sheriffs and
constables shall
receive the same fees as for like services in
similar cases, and
witnesses. Witnesses shall receive the same
fees and mileage as witnesses are allowed in the court
of common
pleas provided under section 119.094 of the Revised Code.
(B) The auditor of state and
any employee designated by the
auditor of state may exercise any
authority granted by this
section on behalf of any public
accountant conducting an audit
pursuant to this chapter when so
requested.
Sec. 119.09. As used in this section "stenographic record"
means a record provided by stenographic means or by the use of
audio electronic recording devices, as the agency determines.
For the purpose of conducting any adjudication hearing
required by sections 119.01 to 119.13 of the Revised Code, the
agency may require the attendance of such witnesses and the
production of such books, records, and papers as it desires, and
it may take the depositions of witnesses residing within or
without the state in the same manner as is prescribed by law for
the taking of depositions in civil actions in the court of common
pleas, and for that purpose the agency may, and upon the request
of any party receiving notice of the hearing as required by
section 119.07 of the Revised Code shall, issue a subpoena for
any
witness or a subpoena duces tecum to compel the production of
any
books, records, or papers, directed to the sheriff of the
county
where such witness resides or is found, which shall be
served and
returned in the same manner as a subpoena in a
criminal case is
served and returned. The fees and mileage of
the sheriff and
witnesses shall be paid the same fees for services as that are
allowed in
the court of common pleas in criminal cases. Witnesses
shall be paid the fees and mileage provided for under section
119.094 of the Revised Code. Fees and mileage
shall be paid from
the fund in the state treasury for the use of
the agency in the
same manner as other expenses of the agency are
paid.
An agency may postpone or continue any adjudication hearing
upon the application of any party or upon its own motion.
In any case of disobedience or neglect of any subpoena
served
on any person or the refusal of any witness to testify to
any
matter regarding which he the witness may lawfully be
interrogated, the
court of common pleas of any county where such
disobedience,
neglect, or refusal occurs or any judge thereof, on
application
by the agency shall compel obedience by attachment
proceedings
for contempt, as in the case of disobedience of the
requirements
of a subpoena issued from such court, or a refusal to
testify
therein.
At any adjudication hearing required by sections 119.01 to
119.13 of the Revised Code, the record of which may be the basis
of an appeal to court, a stenographic record of the testimony and
other evidence submitted shall be taken at the expense of the
agency. Such record shall include all of the testimony and other
evidence, and rulings on the admissibility thereof presented at
the hearing. This paragraph does not require a stenographic
record
at every adjudication hearing. In any situation where an
adjudication hearing is required by sections 119.01 to 119.13 of
the Revised Code, if an adjudication order is made without a
stenographic record of the hearing, the agency shall, on request
of the party, afford a hearing or rehearing for the purpose of
making such a record which may be the basis of an appeal to
court.
The rules of an agency may specify the situations in
which a
stenographic record will be made only on request of the
party;
otherwise such a record shall be made at every
adjudication
hearing from which an appeal to court might be
taken.
The agency shall pass upon the admissibility of evidence,
but
a party may at the time make objection to the rulings of the
agency thereon, and if the agency refuses to admit evidence, the
party offering the same shall make a proffer thereof, and such
proffer shall be made a part of the record of such hearing.
In any adjudication hearing required by sections 119.01 to
119.13 of the Revised Code, the agency may call any party to
testify under oath as upon cross-examination.
The agency, or any one delegated by it to conduct an
adjudication hearing, may administer oaths or affirmations.
In any adjudication hearing required by sections 119.01 to
119.13 of the Revised Code, the agency may appoint a referee or
examiner to conduct the hearing. The referee or examiner shall
have the same powers and authority in conducting the hearing as
is
granted to the agency. Such referee or examiner shall have
been
admitted to the practice of law in the state and be
possessed of
such additional qualifications as the agency
requires. The referee
or examiner shall submit to the agency a
written report setting
forth his the referee's or examiner's
findings of fact and
conclusions
of law and a recommendation of the action to be taken
by the
agency. A copy of such written report and recommendation of
the
referee or examiner shall within five days of the date of
filing
thereof, be served upon the party or his the party's
attorney or
other
representative of record, by certified mail. The
party may,
within ten days of receipt of such copy of such written
report
and recommendation, file with the agency written objections
to
the report and recommendation, which objections shall be
considered by the agency before approving, modifying, or
disapproving the recommendation. The agency may grant extensions
of time to the party within which to file such objections. No
recommendation of the referee or examiner shall be approved,
modified, or disapproved by the agency until after ten days after
service of such report and recommendation as provided in this
section. The agency may order additional testimony to be taken
or
permit the introduction of further documentary evidence. The
recommendation of the referee or examiner may be approved,
modified, or disapproved by the agency, and the order of the
agency based on such report, recommendation, transcript of
testimony and evidence, or objections of the parties, and
additional testimony and evidence shall have the same effect as
if
such hearing had been conducted by the agency. No such
recommendation shall be final until confirmed and approved by the
agency as indicated by the order entered on its record of
proceedings, and if the agency modifies or disapproves the
recommendations of the referee or examiner it shall include in
the
record of its proceedings the reasons for such modification
or
disapproval.
After such order is entered on its journal, the agency
shall
serve by certified mail, return receipt requested, upon the
party
affected thereby, a certified copy of the order and a
statement of
the time and method by which an appeal may be
perfected. A copy of
such order shall be mailed to the attorneys
or other
representatives of record representing the party.
Sec. 119.094. (A) Unless otherwise provided by the Revised
Code, each witness subpoenaed to an adjudication hearing shall
receive twelve dollars for each full day's attendance and six
dollars for each half day's attendance. Each witness also shall
receive fifty and one-half cents for each mile necessarily
traveled to and from the witness's place of residence to the
adjudication hearing.
(B) As used in this section:
(1) "Full day's attendance" means a day on which a witness is
required or requested to be present at an adjudication hearing
before and after twelve noon, regardless of whether the witness
actually testifies.
(2) "Half day's attendance" means a day on which a witness is
required or requested to be present at an adjudication hearing
either before or after twelve noon, but not both, regardless of
whether the witness actually testifies.
Sec. 124.09. The director of administrative services
shall
do all of the following:
(A) Prescribe, amend, and enforce administrative rules for
the purpose of carrying out the functions, powers, and duties
vested in and imposed upon the director by this chapter.
Except
in the
case of rules adopted pursuant to section 124.14 of the
Revised
Code, the prescription, amendment, and enforcement of
rules under
this division are subject to approval, disapproval, or
modification by the state personnel board of review.
(B) Keep records of the director's proceedings and records
of
all applications for examinations and all examinations conducted
by
the director. All of those records, except examinations,
proficiency assessments,
and recommendations of former
employers,
shall be open to public inspection under reasonable
regulations;
provided the governor, or any person designated by
the governor,
may, for the purpose of investigation, have
free access to all of
those records, whenever the governor has reason to believe
that
this chapter, or the administrative rules of the director
prescribed
under this chapter, are being violated.
(C) Prepare, continue, and keep in the office of the
department of administrative services a complete roster of all
persons in the classified
civil service of the state who are paid
directly by warrant of the director of budget and management. This
roster shall be open to public inspection at all
reasonable hours.
It shall show in reference to each of
those persons, the person's
name, address, date of
appointment to or employment in the
classified civil service of the state,
and salary or compensation,
the title of the place
or office that the person holds, the nature
of the duties
of that place or office, and, in case of
the
person's removal or resignation, the date of
the termination of
that service.
(D) Approve the establishment of all new positions in the
civil service of the state and the reestablishment of abolished
positions;
(E) Require the abolishment of any position in the civil
service of the state that is not filled after a period of twelve
months unless it is determined that the position is seasonal in
nature or that the vacancy is otherwise justified;
(F) Make investigations concerning all matters touching
the
enforcement and effect of this chapter and the
administrative
rules of the director of administrative services prescribed under
this chapter. In
the course of those investigations, the
director
or the director's deputy may administer oaths and
affirmations
and
take testimony relative to any matter which the director has
authority to
investigate.
(G) Have the power to subpoena and require the attendance
and
testimony of witnesses and the production of books, papers,
public
records, and other documentary evidence pertinent to the
investigations, inquiries, or hearings on any matter which the
director has authority to investigate, inquire into, or hear, and
to
examine them in relation to any matter which the director has
authority to
investigate, inquire into, or hear. Fees and mileage
shall be allowed to
witnesses and, on their certificate, duly
audited, shall be paid
by the treasurer of state or, in the case
of municipal or civil
service township civil service commissions,
by the county
treasurer, for attendance and traveling, as is
provided in
section 2335.06 119.094 of the Revised Code for
witnesses in courts of
record. All officers in the civil service
of the state or any of
the political subdivisions of the state and
their deputies, clerks,
and employees shall attend and testify
when summoned to do so by
the director or the state personnel
board of review. Depositions
of witnesses may be taken by the
director or the board, or any
member of the board, in the manner
prescribed by law for like
depositions in civil actions in the
courts of common pleas. In
case any person, in disobedience to any
subpoena issued by the
director or the board, or any member of the
board, or the chief
examiner, fails or refuses to attend and
testify to any matter
regarding which the person may be lawfully
interrogated, or
produce any
documentary evidence pertinent to any
investigation, inquiry, or
hearing, the court of common pleas of
any county, or any judge
of the court of common pleas of any
county, where the disobedience, failure, or refusal occurs,
upon
application of the director or the board, or any member
of the
board, or a municipal or civil service township civil service
commission, or any commissioner of such a commission, or their
chief examiner,
shall compel obedience by attachment proceedings
for contempt as
in the case of disobedience of the requirements of
a subpoena
issued from the court or a refusal to testify in the
court.
(H) Make a report to the governor, on or before the first
day
of January of each year, showing the director's
actions, the rules
and all exceptions to the rules in force, and any recommendations
for
the more effectual accomplishment of the purposes of this
chapter. The director shall also furnish any special reports
to
the governor whenever the governor requests
them. The reports
shall be printed for public distribution under the same
regulations as are the reports of other state officers, boards,
or
commissions.
Sec. 169.08. (A) Any person claiming a property interest
in
unclaimed funds delivered or reported to the state under
Chapter
169. of the Revised Code, including the office
of child
support in
the department of job and family services,
pursuant to section
3123.88
of the Revised Code, may file a claim thereto on the
form
prescribed by the director of commerce.
(B) The director shall consider matters relevant to any
claim
filed under division (A) of this section and shall hold a
formal
hearing if requested or considered necessary and receive
evidence
concerning such claim. A finding and decision in
writing on each
claim filed shall be prepared, stating the
substance of any
evidence received or heard and the reasons for
allowance or
disallowance of the claim. The evidence and
decision shall be a
public record. No statute of limitations
shall bar the allowance
of a claim.
(C) For the purpose of conducting any hearing, the
director
may require the attendance of such witnesses and the
production of
such books, records, and papers as the director
desires, and
the
director may take the depositions of witnesses residing
within or
without this state in the same manner as is prescribed by law for
the taking of depositions in civil actions in the court of common
pleas, and for that purpose the director may issue a subpoena for
any witness or a subpoena duces tecum to compel the production of
any books, records, or papers, directed to the sheriff of the
county where such witness resides or is found, which shall be
served and returned. The fees and mileage of the sheriff and
witnesses shall be the same as that allowed in the court of
common
pleas in criminal cases. Witnesses shall be paid the fees and
mileage provided for under section 119.094 of the Revised Code.
Fees and mileage shall be paid
from the unclaimed funds trust
fund.
(D) Interest is not payable to claimants of unclaimed
funds
held by the state. Claims shall be paid from the trust
fund. If
the amount available in the trust fund is not
sufficient to pay
pending claims, or other amounts disbursable
from the trust fund,
the treasurer of state shall certify such
fact to the director,
who shall then withdraw such amount of
funds from the mortgage
accounts as the director determines
necessary to
reestablish the
trust fund to a level required to pay anticipated
claims but not
more than ten per cent of the net unclaimed funds
reported to
date.
The director shall retain in the trust fund, as a fee for
administering the funds, five per cent of the total amount of
unclaimed funds payable to the claimant and may withdraw the
funds
paid to the director by the holders and deposited by the
director
with the treasurer of state or in a financial
institution as agent
for such funds. Whenever these funds are
inadequate to meet the
requirements for the trust fund, the
director shall
provide for a
withdrawal of funds, within a reasonable time, in
such amount as
is necessary to meet the requirements, from
financial institutions
in which such funds were retained or
placed by a holder and from
other holders who have retained
funds, in an equitable manner as
prescribed by the
director. In the event that the amount
to be
withdrawn from any one such holder is less than five
hundred
dollars, the amount to be withdrawn shall be at the
discretion of
the director. Such funds may be reimbursed in the
amounts
withdrawn when the trust fund has a surplus over the
amount
required to pay anticipated claims. Whenever the trust
fund has a
surplus over the amount required to pay anticipated
claims, the
director may transfer such surplus to the mortgage
accounts.
(E) If a claim which is allowed under this section relates
to
funds which have been retained by the reporting holder, and if
the
funds, on deposit with the treasurer of state pursuant to
this
chapter, are insufficient to pay claims, the director may
notify
such holder in writing of the payment of the claim and
such holder
shall immediately reimburse the state in the amount
of such claim.
The reimbursement shall be credited to the
unclaimed funds trust
fund.
(F) Any person, including the office of child support,
adversely affected by a decision of the
director may appeal such
decision in the manner provided in
Chapter 119. of the Revised
Code.
In the event the claimant prevails, the claimant shall be
reimbursed
for reasonable attorney's fees and costs.
(G) Notwithstanding anything to the contrary in this
chapter,
any holder who has paid moneys to or entered into an
agreement
with the director pursuant to section 169.05 of the
Revised Code
on certified checks, cashiers' checks, bills of
exchange, letters
of credit, drafts, money orders, or travelers'
checks, may make
payment to any person entitled thereto, including
the office of
child support, and upon
surrender of the document, except in the
case of travelers'
checks, and proof of such payment, the director
shall reimburse
the holder for such payment without interest.
Sec. 317.114. (A) Except as otherwise provided in division
(B) of this section, an instrument or document presented for
recording to
the county recorder shall have been prepared in
accordance with
all of the following requirements:
(1) Print size not smaller than a computer font size of ten;
(2) Minimum paper size of eight and one-half inches by eleven
inches;
(3) Maximum paper size of eight and one-half inches by
fourteen inches;
(4) Black or blue ink only;
(5) No use of highlighting;
(6) Margins of one-inch width on each side of each page of
the instrument or document;
(7) A margin of one-inch width across the bottom of each page
of the instrument or document;
(8) A three-inch margin of blank space across the top of the
first page of each instrument or document to accommodate any
certification or indorsement of the county engineer, county
auditor, or county recorder, as may be required by law, with the
right half of that margin being reserved for the indorsement of
the county recorder required by section 317.12 of the Revised
Code; and
(9) A one and one-half-inch margin across the top of each of
the remaining pages of the instrument or document.
The county recorder shall accept for recording an instrument
or document that does not conform to the foregoing requirements
but shall charge and collect the following additional fees for
each such instrument or document: an additional base fee for the
recorder's services of ten dollars and a housing trust fund fee of
ten dollars, which shall be collected pursuant to section 317.36
of the Revised Code.
(B) This section does not apply to any of the following:
(1) Any document that originates with any court or taxing
authority;
(2) Any document authorized to be recorded under section
317.24 of the Revised Code;
(3) Any plat, as defined in section 711.001 of the Revised
Code, that is required or authorized by the Revised Code to be
recorded;
(4) Any document authorized to be recorded that originates
from any state or federal agency;
(5) Any document executed before the effective date of this
section.
Sec. 317.36. (A) The county recorder shall collect the low-
and moderate-income housing trust fund fee as specified in
sections 317.114, 317.32, 1563.42, 1702.59, 2505.13, 4141.23,
4509.60, 5111.022, 5310.15, 5719.07, 5727.56, 5733.18, 5733.22,
6101.09, and 6115.09 of the Revised Code. The amount of any
housing trust fund fee the recorder is authorized to collect is
equal to the amount of any base fee the recorder is authorized to
collect for services. The housing trust fund fee shall be
collected in addition to the base fee.
(B) The recorder shall certify the amounts collected as
housing trust fund fees pursuant to division (A) of this section
into the county treasury as housing trust fund fees to be paid to
the treasurer of state pursuant to section 319.63 of the Revised
Code.
Sec. 317.37. As used in sections 5301.28 to 5301.35 of the
Revised Code, "separate instrument" means either the recording of
an entirely new instrument or a written and signed entry on the
margin of the original instrument bearing the proper endorsement
that is recorded distinct and apart from the original instrument
of record. For instruments that convey or affect an interest in
crude oil or natural gas, such as a lease, assignment, easement,
lien, or right-of-way, in a county in which the county recorder
requires an assignment, release, partial release, satisfaction,
cancellation, or waiver of priority to be made by separate
instrument, the county recorder does not have the power to limit
the number of assignments, releases, partial releases,
satisfactions, cancellations, or waivers of priority that may be
executed and recorded by means of a single instrument.
Sec. 505.495. In all cases in which the attendance of
witnesses may be
compelled for an investigation, under section
505.494 of the Revised Code, any
member of the board of township
trustees may administer the requisite oaths.
The board has the
same power to compel the giving of testimony by attending
witnesses as is conferred upon courts. In all such cases,
witnesses shall be
entitled to the same privileges, and
immunities, and compensation as are allowed
witnesses in civil
cases. Witnesses shall be paid the fees and mileage provided for
under section 1901.26 of the Revised Code, and the costs of all
such proceedings shall be
payable from the general fund of the
township.
Sec. 709.032. (A) As used in this section, "necessary party"
means the
municipal corporation to which annexation is proposed,
each township any
portion of which is included within the
territory
proposed for annexation, and the agent for the
petitioners.
(B) The hearing provided for in section
709.03 of
the
Revised
Code shall be public.
The board of county
commissioners
may, or at
the request
of any necessary party shall,
issue
subpoenas for
witnesses or for
books, papers,
correspondence,
memoranda,
agreements, or other
documents or
records relevant or
material to
the petition,
directed to the
sheriff of each county
where the
witnesses or
documents or records
are found, which
subpoenas shall
be served
and returned in the
same manner as those
allowed by the
court of
common pleas in
criminal cases. The fees
and mileage of
sheriffs and witnesses
shall be the same as those
allowed by the
court of common pleas in
criminal cases. Witnesses shall be paid
the fees and mileage provided for under section 1901.26 of the
Revised Code. The fee
and mileage
expenses incurred at the
request
of a party shall be
paid in
advance by the party, and the
remainder of the expenses
shall be paid out of fees charged by the
board for the
annexation
proceedings. In case of disobedience or
neglect of any
subpoena
served on any person, or the refusal of
any witness to
testify to
any matter regarding which the witness
may be
lawfully
interrogated, the court of common pleas of the
county
in which the
disobedience, neglect, or refusal occurs, or
any
judge of that
court, on application of the board, any member
of the board, or a
necessary party, may compel obedience by
attachment
proceedings
for
contempt as in the case of disobedience
of the requirements of
a
subpoena issued from the court or a
refusal to testify
in the
court. An owner of a company, firm,
partnership, association, or
corporation that is subpeoned may
have an agent or attorney appear
before the board on that owner's
behalf in response to the
subpoena.
The board of county
commissioners shall make, by electronic
means or some other
suitable method, a
record of the hearing. If
a
request,
accompanied by a deposit to pay the
costs, is filed
with
the
board
not later than seven days before the hearing, the
board
shall
provide an
official court reporter to record the
hearing.
The
record of the hearing need
not be transcribed unless
a
request,
accompanied by an amount to cover the
cost of
transcribing the
record, is filed with the board.
(C) Any person may appear
in
person or by attorney and,
after
being sworn, may
support or contest the
granting of
the
petition.
Affidavits presented in support of or against the
petition shall
be considered by the board,
but
only
if the
affidavits are filed
with the board and served as provided
in the
Rules of Civil
Procedure upon the necessary parties
to the
annexation proceedings
at least fifteen days before the
date of
the hearing; provided
that the board shall accept an affidavit
after
the fifteen-day
period if the purpose of the affidavit is
only to establish the
affiant's
authority to sign the petition on
behalf of the entity
for which the affiant
signed.
Necessary
parties
or their
representatives are entitled to
present evidence,
examine and
cross-examine witnesses, and comment on all
evidence,
including
any affidavits presented to the board under this
division.
(D) At the hearing, any owner who signed the petition for
annexation may appear and, after being sworn as provided by
section 305.21 of the Revised Code, testify orally that
the
owner's signature was obtained by fraud, duress,
misrepresentation,
including any misrepresentation relating to the
provision of
municipal services to the territory proposed to be
annexed, or
undue influence. Any person may testify orally after
being so
sworn in support
of or rebuttal to
the prior
testimony
by
the
owner.
Any witnesses and
owners who
testify shall be
subject
to cross-examination by the
necessary parties to the
annexation
proceedings.
If a majority of
the county
commissioners
find that
the owner's signature was
obtained
under
circumstances
that did
constitute fraud, duress,
misrepresentation, or undue
influence,
they shall find the
signature to be void and shall
order it
removed from the
petition
as of the time the petition was
filed.
Sec. 733.39. In all cases in which the attendance of
witnesses may be
compelled for an investigation under section
733.38 of the Revised Code, any
member of the legislative
authority of the municipal corporation may
administer the
requisite oaths, and such legislative authority has the same
power
to compel the giving of testimony by attending witnesses as is
conferred
upon courts. In all such cases, witnesses shall be
entitled to the same
privileges, and immunities, and compensation
as are allowed witnesses in civil
cases. Witnesses shall be paid
the same fees and mileage provided for under section 1901.26 of
the Revised Code, and the costs of all such proceedings shall be
payable from the
general fund of the municipal corporation.
Sec. 1121.38. (A)(1) An administrative hearing provided for
in
section 1121.32, 1121.33, 1121.35, or 1121.41 of the Revised
Code shall be held in the county
in which the principal place of
business of the bank or trust company or
residence of the
regulated person is located, unless the bank, trust company,
or
regulated person requesting the hearing consents to another place.
Within
ninety days after the hearing, the superintendent of
financial institutions
shall render a decision, which shall
include findings of fact upon which the
decision is predicated,
and shall issue and serve on the bank, trust company,
or regulated
person the decision and an order consistent with the decision.
Judicial review of the order is exclusively as provided in
division
(B) of this section. Unless a notice of appeal is filed
in a court
of common pleas within thirty days after service of the
superintendent's order
as provided in division (B) of this
section, and until the record of
the administrative hearing has
been filed, the superintendent may, at anytime,
upon the notice
and in the manner the superintendent
considers proper, modify,
terminate, or set aside the superintendent's order. After filing
the record,
the superintendent may modify, terminate, or set aside
the superintendent's
order with permission of the court.
(2) In the course of, or in connection with, an
administrative hearing
governed by this section, the
superintendent, or a person designated by the
superintendent to
conduct the hearing, may administer oaths and affirmations,
take
or cause depositions to be taken, and issue, revoke, quash, or
modify
subpoenas and subpoenas duces tecum. The superintendent may
adopt rules
regarding these hearings. The attendance of witnesses
and the production of
documents provided for in this section may
be required from any place within
or outside the state. A party to
a hearing governed by this section may apply
to the court of
common pleas of Franklin county, or the court of
common pleas of
the county in which the hearing is being conducted or the
witness
resides or carries on business, for enforcement of a subpoena or
subpoena duces tecum issued pursuant to this section, and the
courts have
jurisdiction and power to order and require compliance
with the subpoena.
Witnesses subpoenaed under this section shall
be paid the same fees and
mileage that are paid witnesses in the
courts of common pleas in civil cases provided for under section
119.094 of the Revised Code.
(B)(1) A bank, trust company, or regulated person against
whom
the superintendent issues an order upon the record of a
hearing under the
authority of section 1121.32, 1121.33, 1121.35,
or 1121.41 of the Revised Code may obtain a
review of the order by
filing a notice of appeal in the court of common pleas
in the
county in which the principal place of business of the bank, trust
company, or regulated person, or residence of the regulated
person, is
located, or in the court of common pleas of Franklin
county, within
thirty days after the date of service of the
superintendent's order. The
clerk of the court shall promptly
transmit a copy of the notice of appeal to
the superintendent, and
the superintendent shall file the record of the
administrative
hearing. Upon the filing of the notice of appeal, the court
has
jurisdiction, which upon the filing of the record of the
administrative
hearing is exclusive, to affirm, modify, terminate,
or set aside, in whole or
in part, the superintendent's order.
(2) The commencement of proceedings for judicial review
pursuant to
division (B) of this section does not, unless
specifically ordered by
the court, operate as a stay of any order
issued by the superintendent. If it
appears to the court an
unusual hardship to the appellant bank, trust company,
or
regulated person will result from the execution of the
superintendent's
order pending determination of the appeal, and
the interests of depositors and
the public will not be threatened
by a stay of the order, the court may grant
a stay and fix its
terms.
(C) The superintendent may, in the sole discretion of the
superintendent, apply to the court of common pleas of the county
in which the
principal place of business of the bank, trust
company, or regulated person,
or residence of the regulated
person, is located, or the court of common pleas
of Franklin
county, for the enforcement of an effective and
outstanding
superintendent's order issued under section 1121.32, 1121.33,
1121.34, 1121.35, or 1121.41 of the Revised Code, and the court
has jurisdiction and power
to order and require compliance with
the superintendent's order. In an action
by the superintendent
pursuant to this division to enforce an order assessing
a civil
penalty issued under section 1121.35 of the Revised Code, the
validity and
appropriateness of the civil penalty is not subject
to review.
(D) No court has jurisdiction to affect, by injunction or
otherwise, the issuance or enforcement of an order issued under
section
1121.32, 1121.33, 1121.34, 1121.35, or 1121.41
of the
Revised Code or to review, modify,
suspend, terminate, or set
aside an order issued under section 1121.32,
1121.33, 1121.34,
1121.35, or 1121.41 of the Revised Code, except as provided
in
this
section, in division (G) of section 1121.32 of the Revised
Code for an order
issued
pursuant to division (C)(3) or (4) of
section 1121.32 of the Revised Code, or
in
division (A)(3) of
section 1121.34 of the Revised Code for an order issued
pursuant
to division (A)(1) of section 1121.34 of the Revised Code.
(E) Nothing in this section or in any other
section of the
Revised Code or rules
implementing this or any other section of
the Revised Code shall prohibit or
limit the
superintendent from
doing any of the following:
(1) Issuing orders pursuant to section 1121.32, 1121.33,
1121.34, 1121.35,
or 1121.41 of the Revised Code;
(2) Individually or contemporaneously taking any other action
provided by
law or rule with respect to a bank, trust company, or
regulated person;
(3) Taking any action provided by law or rule with respect to
a bank,
trust company, or regulated person, whether alone or in
conjunction with
another regulatory agency or authority.
Sec. 1315.17. (A)(1) Upon a licensee's or other person's
request for an administrative hearing authorized in
section
1315.15, 1315.151, or 1315.152 of the Revised Code, the division
of financial institutions shall set a reasonable time, date, and
place in this state for the hearing and notify the licensee or
other person requesting the hearing. Within
ninety days after the
hearing, the superintendent of financial institutions
shall render
a decision, which shall include findings of fact upon which the
decision is predicated, and shall issue and serve on the licensee
or other person the decision and an order consistent with the
decision.
Judicial review of the order exclusively is as provided
in division
(B) of this section. Unless a notice of appeal is
filed within thirty days after service of the superintendent's
order
as provided in division (B) of this section, and until the
record of
the administrative hearing has been filed, the
superintendent may, at anytime,
upon the notice and in the manner
that the superintendent
considers proper, modify,
terminate, or
set aside the superintendent's order. After filing the record,
the
superintendent may modify, terminate, or set aside the
superintendent's
order with permission of the court.
(2) In the course of, or in connection with, an
administrative hearing
governed by this section, the
superintendent, or a person designated by the
superintendent to
conduct the hearing, may administer oaths and affirmations;
take
or cause depositions to be taken; and issue, revoke, quash, or
modify
subpoenas and subpoenas duces tecum. The superintendent may
adopt rules
regarding these hearings. The attendance of witnesses
and the production of
documents provided for in this section may
be required from any place within
or outside the state. A party to
a hearing governed by this section may apply
to the court of
common pleas of Franklin county, or the court of
common pleas of
the county in which the hearing is being conducted or the
witness
resides or carries on business, for enforcement of a subpoena or
subpoena duces tecum issued pursuant to this section, and the
courts have
jurisdiction and power to order and require compliance
with the subpoena.
Witnesses subpoenaed under this section shall
be paid the same fees and
mileage that are paid witnesses in the
courts of common pleas in civil cases provided for under section
119.094 of the Revised Code.
(B)(1) A licensee or other person against whom
the
superintendent issues an order upon the record of a hearing under
the
authority of section 1315.15, 1315.151, or 1315.152 of the
Revised Code may obtain a
review of the order by filing a notice
of appeal in the court of common pleas
in the county in which the
principal place of business of the licensee or other person, or
the residence of the other person, is
located, or in the court of
common pleas of Franklin county, within
thirty days after the date
of service of the superintendent's order. The
clerk of the court
promptly shall transmit a copy of the notice of appeal to
the
superintendent, and the superintendent shall file the record of
the
administrative hearing. Upon the filing of the notice of
appeal, the court
has jurisdiction, which upon the filing of the
record of the administrative
hearing is exclusive, to affirm,
modify, terminate, or set aside, in whole or
in part, the
superintendent's order.
(2) The commencement of proceedings for judicial review
pursuant to
division (B) of this section does not, unless
specifically ordered by
the court, operate as a stay of any order
issued by the superintendent. If it
appears to the court an
unusual hardship to the appellant will result from the execution
of the superintendent's
order pending determination of the appeal,
and the interests of the public will not be threatened by a stay
of the order, the court may grant
a stay and fix its terms.
(C) The superintendent may, in the sole discretion of the
superintendent, apply to the court of common pleas of the county
in which the
principal place of business of the licensee or other
person,
or the residence of the other person, is located, or the
court of common pleas
of Franklin county, for the enforcement of
an effective and
outstanding superintendent's order issued under
section 1315.15, 1315.151, or 1315.152 of the Revised Code, and
the court has jurisdiction and power
to order and require
compliance with the superintendent's order. In an action
by the
superintendent pursuant to this division to enforce an order
assessing
a civil penalty issued under section 1315.152 of the
Revised Code, the validity and
appropriateness of the civil
penalty is not subject to review.
(D) No court has jurisdiction to affect, by injunction or
otherwise, the issuance or enforcement of an order issued under
section
1315.15, 1315.151, or 1315.152
of the Revised Code or to
review, modify,
suspend, terminate, or set aside an order issued
under section 1315.15, 1315.151, or 1315.152 of the Revised Code,
except as provided
in this
section, in division (G) of section
1315.15 of the Revised Code for an order
issued
pursuant to
division (C)(3) or (4) of section 1315.15 of the Revised Code, or
in
division (F) of section 1315.151 of the Revised Code for an
order issued
pursuant
to division (C)(3) or (4) of section
1315.151 of the Revised Code.
(E) Nothing in this section or in any other
section of the
Revised Code or rules
implementing this or any other section of
the Revised Code shall prohibit or
limit the
superintendent from
doing any of the following:
(1) Issuing orders pursuant to section 1315.15, 1315.151, or
1315.152 of the Revised Code;
(2) Individually or contemporaneously taking any other action
provided by
law or rule with respect to a licensee or other
person;
(3) Taking any action provided by law or rule, whether alone
or in conjunction with
another regulatory agency or authority,
with respect to a licensee or other person.
Sec. 1315.24. (A) The superintendent of financial
institutions may make any investigation and conduct any hearing
the superintendent considers necessary to determine whether any
person
has violated sections 1315.21 to 1315.28 of the Revised
Code, or has engaged
in conduct
that would justify the suspension,
revocation, or refusal of an
original or renewal check-cashing
license.
(B) In making any investigation or conducting any hearing
pursuant to this section, the superintendent, or any person
designated by the superintendent, at any time may compel by
subpoena witnesses,
may take depositions of witnesses residing
without the state in
the manner provided for in civil actions, pay
any witnesses the
fees and mileage for their attendance provided
for witnesses in
civil actions under section 119.094 of the
Revised Code, and administer oaths. The superintendent also
may
compel by order
or subpoena duces tecum the production of, and
examine, all
relevant books, records, accounts, and other
documents. If a
person does not comply with a subpoena or subpoena
duces tecum,
the superintendent may apply to the court of common
pleas of
Franklin county for an order compelling the person to
comply with
the subpoena or subpoena duces tecum or, for failure
to do so, an
order to be held in contempt of court. If the person
is licensed
under section 1315.23 of the Revised Code, the
superintendent
also may suspend, revoke, or refuse an original or
renewal
license.
(C) In connection with any investigation under this
section,
the superintendent may file an action in the court of
common pleas
of Franklin county or the court of common pleas of
the county in
which the person who is the subject of the
investigation resides,
or is engaging in or
proposing to engage in actions in violation
of sections 1315.21 to 1315.28 of
the Revised Code, to obtain an
injunction, temporary restraining order,
or other appropriate
relief.
Sec. 1321.07. At least once each year the division of
financial institutions shall make an
examination of the business,
loans, books, papers, and records of each
licensee so far as they
pertain to the licensed business, and it may make such an
examination more frequently if it is necessary for the proper
administration of sections 1321.01 to 1321.19 of the Revised
Code.
For the purpose of discovering violations, the division may
at any time investigate the business and examine the books,
accounts, papers, and records used therein, of:
(A) Licensees;
(B) Other persons engaged in the business described in
section 1321.02 of the Revised Code or participating in such
business as principal, agent, broker, or otherwise;
(C) Any person whom the division has reasonable cause to
believe has violated, is violating, or is about to violate
sections 1321.01 to 1321.19 of the Revised Code, whether or not
the person claims to act under such sections. For the
purpose of
this section, any person who advertises, solicits, or holds
himself, herself, or itself self out as willing to make, find,
or
arrange for another
person to make loan transactions in the amount
or of the value of
five thousand dollars or less, is presumed to
be engaged in the
business described in the first paragraph of
section 1321.02 of
the Revised Code.
For the purpose of this section, the division shall have
and
be given free access to the offices and places of business,
files,
safes, and vaults of all such persons, and may require the
attendance of, and examine under oath, any person relative to
such
loans or such business or to the subject matter of any
examination, investigation, or hearing. The division may require
the attendance of such witnesses and the production of such
books,
records, and papers, as may be required either by the
division or
by any party to a hearing before the division, and
for that
purpose may issue a subpoena for any witness or a
subpoena duces
tecum, to compel the production of any books,
records, or papers,
directed to the sheriff of the county where
such witness resides
or is found, which shall be served and
returned in the same manner
as a subpoena in criminal cases is
served and returned.
The fees and mileage of the sheriff and witnesses shall be
the same as that allowed in the court of common pleas in criminal
cases. Witnesses shall be paid the fees and mileage provided for
under section 119.094 of the Revised Code. Fees and mileage shall
be paid from the funds of the
division. No witness subpoenaed at
the instance of parties other
than the division is entitled to
compensation from the state for
attendance or travel unless the
division certifies that the
witness' testimony was material to the
subject matter of the
hearing.
If any person fails to file any statement or report, or
fails
to obey any subpoena, or to give testimony, or to answer
questions, or to produce any books, records, documents, accounts,
or papers as required by the division under sections 1321.01 to
1321.19 of the Revised Code, any court of common pleas, upon
application made to it and upon proof being made of such failure,
may make an order awarding process of subpoena or subpoena duces
tecum out of the court for such witness to appear and testify
before the division, and may make an order that any person give
testimony and answer questions as required, and produce books,
records, documents, accounts, or papers as required. Upon filing
such order with the clerk of the court of common pleas, the clerk
shall, under the seal of the court, issue process of subpoena to
appear before the division at a time and place named therein, and
so from day to day until the examination of such person is
completed. The subpoena may contain a direction that such
witness
bring to such examination any books, records,
documents, accounts,
or papers therein mentioned, and the clerk
shall issue, under the
seal of the court, such other or further
orders in reference to
the examination, appearance, and
production of books, records,
documents, accounts, or papers as
the court directs. If any person
so summoned by subpoena issued
by the clerk fails to obey the
subpoena
or to answer any directions therein, or to give
testimony, or to answer
questions
as required, or to produce any
books, records, documents,
accounts, or papers as required, or if
any such person fails to
obey any order, the court, on motion
supported by proof, may
order an attachment for contempt to be
issued against any person
charged with disobeying any order or
injunction issued out of the
court of common pleas under sections
1321.01 to 1321.19 of the
Revised Code. If the person so offending
is brought before the
court by virtue of such attachment, and if
upon a hearing
such disobedience appears, the court may order the
offender
to be committed and kept in close custody until the
further order of the
court.
Sec. 1321.42. (A) The superintendent of financial
institutions shall, in accordance with Chapter 119. of the Revised
Code,
suspend or revoke a license
issued pursuant to sections
1321.35 to 1321.48 of the
Revised Code, if the
superintendent
determines
that either of the following applies:
(1) The licensee has failed to comply
with any order issued
by the superintendent pursuant to section 1321.43 of the Revised
Code.
(2) Any fact or condition exists that if it had existed
or
had been known to exist at the time of original or renewal
licensure pursuant to sections 1321.35 to
1321.48 of the
Revised
Code, the fact or condition clearly would
have warranted the
superintendent to refuse to issue a license
pursuant to those
sections.
(B) The superintendent may make any investigation and
conduct any hearing the superintendent considers necessary to
determine whether any person has violated sections 1321.35 to
1321.48 of the Revised Code, or any rule or order adopted or
issued under section 1321.43 of the Revised Code, or has otherwise
engaged
in conduct that would justify the suspension, revocation,
or
refusal of an original or renewal license or the imposition of
a fine.
The superintendent may impose a monetary fine of not more
than one thousand dollars for each such violation.
(C) In making any investigation or conducting any hearing
pursuant to this section, the superintendent, or any person
designated by the superintendent, at any time may compel by
subpoena witnesses, may take depositions of witnesses residing
without the state in the manner provided for in civil actions, pay
any witnesses the fees and mileage for their attendance provided
for witnesses in civil actions under section 119.094 of the
Revised Code, and administer oaths. The
superintendent also may
compel by order or subpoena duces tecum
the production of, and
examine, all relevant books, records,
accounts, and other
documents. If a person does not comply with a
subpoena or
subpoena duces tecum, the superintendent may apply to
the court
of common pleas of Franklin county for an order
compelling the
person to comply with the subpoena or subpoena
duces tecum or,
for failure to do so, an order to be held in
contempt of court.
(D) In connection with any investigation under this section,
the superintendent may file an action in the court of common pleas
of Franklin county or the court of common pleas of the county in
which the person who is the subject of the investigation resides,
or is engaging in or proposing to engage in actions in violation
of sections 1321.35 to 1321.48 of the Revised Code, to obtain an
injunction, temporary restraining order, or other appropriate
relief.
Sec. 1509.36. Any person claiming to be aggrieved or
adversely affected by an order by the chief of the division of
mineral resources management may appeal to the oil
and gas
commission for an order vacating or modifying such order.
The person so appealing to the commission shall be known
as
appellant and the chief shall be known as appellee. Appellant
and
appellee shall be deemed to be parties to the appeal.
The appeal shall be in writing and shall set forth the
order
complained of and the grounds upon which the appeal is
based. The
appeal shall be filed with the
commission within thirty
days after
the date upon which appellant received notice by
registered mail
of the making of the order complained of. Notice
of the filing of
the appeal shall be filed with the chief
within
three days after
the appeal is filed with the commission.
Upon the filing of the appeal the
commission promptly shall
fix the time and place at which the
hearing on the appeal will be
held, and shall give the appellant and the chief at least ten
days' written notice thereof by mail. The commission may
postpone
or
continue any hearing upon its own motion or upon application of
appellant or of the chief.
The filing of an appeal provided for in this section does
not
automatically suspend or stay execution of the order appealed
from, but upon application by the appellant the commission
may
suspend or stay such execution pending determination of the appeal
upon
such terms as the commission considers proper.
Either party to the appeal or any interested person who,
pursuant to commission rules has been granted
permission to
appear, may submit such evidence as the
commission considers
admissible.
For the purpose of conducting a hearing on an appeal, the
commission may require the attendance of witnesses and the
production of books, records, and papers, and it may, and at the
request of
any party it shall, issue subpoenas for witnesses or
subpoenas
duces tecum to compel the production of any books,
records, or
papers, directed to the sheriffs of the counties where
such
witnesses are found. The subpoenas shall be
served and
returned
in the same manner as subpoenas in criminal cases are
served and
returned. The fees and mileage of sheriffs and
witnesses shall
be the same as those allowed by the court of
common pleas in
criminal cases. Witnesses shall be paid the fees
and mileage provided for under section 119.094 of the Revised
Code. Such fees and mileage expenses incurred at the
request of
appellant shall be paid in advance by the appellant,
and the
remainder of such expenses shall be paid out of funds
appropriated
for the expenses of the division of mineral
resources management.
In case of disobedience or neglect of any subpoena served
on
any person, or the refusal of any witness to testify to any
matter
regarding which the witness may be lawfully
interrogated, the
court
of common pleas of the county in which such disobedience,
neglect,
or refusal occurs, or any judge thereof, on application
of the
commission or any member thereof, shall compel obedience
by
attachment
proceedings for contempt as in the case of disobedience
of the
requirements of a subpoena issued from such court or a
refusal to
testify therein. Witnesses at such hearings shall
testify under
oath, and any member of the commission may
administer
oaths or
affirmations to persons who so testify.
At the request of any party to the appeal, a stenographic
record of the testimony and other evidence submitted shall be
taken by an official court shorthand reporter at the expense of
the party making the request therefor. Such record shall include
all of the testimony and other evidence and the rulings on the
admissibility thereof presented at the hearing. The
commission
shall pass upon the admissibility of evidence, but any party
may
at the
time object to the admission of any evidence and except to
the
rulings of the commission thereon, and if the
commission
refuses to admit
evidence the party offering same may make a
proffer thereof, and such proffer
shall be made a part of the
record of such hearing.
If upon completion of the hearing the commission finds
that
the order appealed from was lawful and reasonable, it shall make a
written order affirming the order appealed from; if the
commission
finds that the order was unreasonable or
unlawful, it shall make
a
written order vacating the order appealed from and making the
order that it finds the chief should have made. Every
order
made
by the commission shall contain a written finding by
the
commission of
the facts upon which the order is based.
Notice of the making of the order shall be given forthwith
to
each party to the appeal by mailing a certified copy thereof
to
each such party by certified mail.
The order of the commission is final unless vacated by the
court
of common pleas of Franklin county in an appeal as provided
for
in section 1509.37 of the Revised Code. Sections 1509.01 to
1509.37 of the Revised Code, providing for appeals
relating to
orders by the chief or by the commission, or
relating to rules
adopted by the
chief, do not constitute the exclusive procedure
that any
person who
believes the person's rights to be unlawfully
affected
by those sections or any official
action taken thereunder
must pursue in order to protect and preserve
those rights, nor do
those sections
constitute a procedure that that person must pursue
before
that person may lawfully appeal to the courts to protect
and
preserve those rights.
Sec. 1513.131. For the purpose of conducting any public
adjudicatory hearing under this chapter, the chief, or the
reclamation commission may require the
attendance of
witnesses and
the production of books, records, and papers, and
may, and at the
request of any party, shall issue subpoenas for
witnesses or
subpoenas duces tecum to compel the production of
any books,
records, papers, or other material relevant to the
inquiry,
directed to the sheriff of the counties where the
witnesses or
materials are found, which subpoenas shall be served
and returned
in the same manner as subpoenas issued by courts of
common pleas
are served and returned. The fees and mileage of
sheriffs and
witnesses shall be the same as those allowed by the
court of
common pleas in criminal cases. Witnesses shall be paid the fees
and mileage provided for under section 119.094 of the Revised
Code.
In cases of disobedience or neglect of any subpoena served
on
any person or the refusal of any witness to testify to any
matter
regarding which the witness may lawfully be
interrogated, the
court of common pleas of the county in which such
disobedience,
neglect, or refusal occurs, or any judge thereof, on application
of the chief or the commission or any member
thereof, shall compel
obedience by attachment procedures for
contempt as in the case of
disobedience of the requirements of a
subpoena issued from the
court or a refusal to testify therein.
A witness at any hearing shall testify under oath or
affirmation, which the chief or any member of the
commission may
administer.
Hearing officers designated by the commission shall have
the
same powers and
authority in conducting the
hearings as granted to
the commission. Whenever a hearing
officer
conducts a hearing, the
officer shall prepare a report setting
forth the hearing officer's
findings of fact and conclusions
of law and a recommendation of
the action to be taken by the
commission.
The hearing officer
shall
file the report with the secretary of the commission and
shall mail a
copy by certified mail to the parties. A party may,
within
fourteen days after receipt of the report, serve and file
written
objections to the hearing officer's report with the
secretary of
the commission. Objections shall be specific and
state
with
particularity the grounds therefor. Upon consideration
of the
objections, the commission may adopt,
reject, or
modify the
report; hear additional evidence; return the report to
the hearing
officer with instructions; or hear the matter itself.
Sec. 1571.10. (A) The gas storage well inspector or
any
person having a
direct interest in the administration of this
chapter may at any time
file with the division of mineral
resources
management a written request that a conference be held
for the purpose of
discussing and
endeavoring to resolve by mutual
agreement any question or issue relating to
the administration of
this chapter, or to
compliance with its provisions,
or to any
violation thereof. Such request shall describe the matter
concerning which the conference is requested. Thereupon the gas
storage well
inspector shall promptly fix the time and place for
the holding of such
conference and shall send written notice
thereof to each person having a
direct interest therein. At such
conference the gas storage well inspector or
a representative of
the division designated by the gas storage
well inspector shall be
in
attendance, and shall preside at the conference, and the gas
storage well inspector or designated representative may make such
recommendations as the gas storage well inspector or designated
representative deems proper. Any agreement reached at such
conference
shall be consistent with the requirements of this
chapter and, if
approved by
the gas storage well
inspector, it
shall be reduced to writing and shall be effective. Any such
agreement approved by the gas storage well inspector shall be kept
on file in
the division and a copy thereof shall be furnished to
each of the persons
having a direct interest therein. The
conference shall be deemed terminated
as of the date an approved
agreement is reached or when any person having a
direct interest
therein refuses to confer thereafter. Such a conference shall
be
held in all cases prior to the holding of a hearing as provided in
this
section.
(B) Within ten days after the termination of a conference at
which no
approved agreement is reached, any person who
participated in such conference
and who has a direct interest in
the subject matter thereof, or the gas
storage well inspector, may
file with the chief
of the division of mineral resources
management a request that the chief hear and determine
the matter
or
matters, or any part thereof
considered at the conference.
Thereupon the chief shall promptly fix the time
and place for the
holding of such hearing and shall send written notice
thereof to
each person having a direct interest therein. The form of the
request for such hearing and the conduct of the hearing shall be
in accordance
with rules that the chief adopts under section
1571.11
of the Revised Code.
Consistent with the requirement for
reasonable
notice each such hearing shall be held promptly after
the filing of the
request therefor. Any person having a direct
interest in the matter to be
heard shall be entitled to appear and
be heard in person or by attorney. The
division may present at
such hearing any evidence that is
material to the matter being
heard and that has come to
the division's attention in any
investigation or inspection made pursuant to
this chapter.
(C) For the purpose of conducting such a hearing the chief
may require the
attendance of witnesses and the production of
books, records, and papers, and
the chief may, and at the request
of any person having a
direct interest in the
matter being heard,
the chief shall, issue subpoenas for
witnesses or subpoenas duces
tecum to compel the production of any books, records, or papers,
directed to
the sheriffs of the counties where such witnesses are
found, which subpoenas
shall be served and returned in the same
manner as subpoenas in
criminal cases are served and returned. The
fees and mileage of sheriffs and
witnesses shall be the same as
those allowed by the court of common pleas in
criminal cases.
Witnesses shall be paid the fees and mileage provided for under
section 119.094 of the Revised Code. Such fee and mileage expenses
shall be paid in advance by the
persons at whose request they are
incurred, and the remainder of such expenses
shall be paid out of
funds appropriated for the expenses of the division.
In case of disobedience or neglect of any subpoena served on
any person, or
the refusal of any witness to testify to any matter
regarding which
the witness may be
lawfully interrogated, the
court of common pleas of the county in which such
disobedience,
neglect, or refusal occurs, or any judge thereof, on application
of the chief, shall compel obedience by attachment proceedings for
contempt as
in the case of disobedience of the requirements of a
subpoena issued from such
court or a refusal to testify therein.
Witnesses at such hearings shall
testify under oath, and the chief
may administer oaths or affirmations to
persons who so testify.
(D) With the consent of the chief, the testimony of any
witness may be taken
by deposition at the instance of a party to
any hearing before the chief at
any time after hearing has been
formally commenced. The chief may, of
the chief's own
motion,
order testimony to be taken by deposition at any stage in any
hearing,
proceeding, or investigation pending before the chief.
Such deposition shall be
taken in the manner prescribed by the
laws of this state
for taking depositions in
civil cases in courts
of record.
(E) After the conclusion of a hearing the chief shall make a
determination
and finding of facts. Every adjudication,
determination, or finding by the
chief shall be made by written
order and shall contain a written finding by
the chief of the
facts upon which the adjudication, determination, or
finding
is
based. Notice of the making of such order shall be given to the
persons
whose rights, duties, or privileges are affected thereby,
by sending a
certified copy thereof by registered mail to each of
such persons.
Adjudications, determinations, findings, and orders made by
the chief
shall not
be governed by, or be subject to,
Chapter 119.
of the
Revised Code.
Sec. 1571.14. Any person claiming to be aggrieved or
adversely affected by an order of the chief of the division of
mineral resources management made as
provided in section
1571.10
or 1571.16 of the
Revised Code may appeal to the director of
natural
resources
for an order vacating or modifying such order.
Upon receipt of
the appeal, the director shall appoint an
individual who has
knowledge of the laws and rules regarding the
underground storage
of gas and who shall act as a hearing officer
in accordance with
Chapter 119. of the Revised Code in hearing the
appeal.
The person appealing to the director shall be known as
appellant and the chief shall be known as appellee. The
appellant
and the appellee shall be deemed parties to the appeal.
The appeal shall be in writing and shall set forth the
order
complained of and the grounds upon which the appeal is
based. The
appeal shall be filed with the director within thirty
days after
the date upon which appellant received notice by
registered mail
of the making of the order complained of, as
required by section
1571.10 of the Revised Code.
Notice of the
filing of such appeal
shall be delivered by appellant to the
chief within three days
after the appeal
is filed with the director.
Within seven days after receipt of the notice of appeal the
chief shall prepare and certify to the director at the expense of
appellant a complete transcript of the proceedings out of which
the appeal arises, including a transcript of the
testimony
submitted to the chief.
Upon the filing of the appeal the director shall fix the
time
and place at which the hearing on the appeal will be held,
and
shall give appellant and the chief at least ten days' written
notice thereof by mail. The director may postpone or continue
any
hearing upon the director's own motion or upon
application of
appellant
or of the chief.
The filing of an appeal provided for in this section does
not
automatically suspend or stay execution of the order appealed
from, but upon application by the appellant the director may
suspend or stay such execution pending determination of the
appeal
upon such terms as the director deems proper.
The hearing officer appointed by the director shall hear
the
appeal de novo, and either party to the appeal may submit
such
evidence as the hearing officer deems admissible.
For the purpose of conducting a hearing on an appeal, the
hearing officer may require the attendance of witnesses and the
production of books, records, and papers, and may, and at the
request of any party shall, issue subpoenas for witnesses or
subpoenas duces tecum to compel the production of any books,
records, or papers, directed to the sheriffs of the
counties where
such witnesses are found, which subpoenas shall be served and
returned in the same manner as subpoenas in criminal cases are
served and returned. The fees and mileage of sheriffs and
witnesses shall be the same as those allowed by the court of
common pleas in criminal cases. Witnesses shall be paid the fees
and mileage provided for under section 119.094 of the Revised
Code. Such fee and mileage expenses
incurred at the request of
appellant shall be paid in advance by
appellant, and the remainder
of such expenses shall be paid out
of funds appropriated for the
expenses
of the division of mineral resources
management.
In case of disobedience or neglect of any subpoena served
on
any person, or the refusal of any witness to testify to any
matter
regarding which the witness may be lawfully
interrogated, the
court
of common pleas of the county in which such disobedience,
neglect, or refusal occurs, or any judge thereof, on application
of the director, shall compel obedience by attachment proceedings
for contempt as in the case of disobedience of the requirements
of
a subpoena issued from such court or a refusal to testify
therein.
Witnesses at such hearings shall testify under oath,
and the
hearing officer may administer oaths or affirmations to
persons
who so testify.
At the request of any party to the appeal, a stenographic
record of the testimony and other evidence submitted shall be
taken by an official court shorthand reporter at the expense of
the party making the request therefor. The record shall include
all of the testimony and other evidence and the rulings on the
admissibility thereof presented at the hearing. The hearing
officer shall pass upon the admissibility of evidence, but any
party may at the time object to the admission of any evidence and
except to the ruling of the hearing officer thereon, and if the
hearing officer refuses to admit evidence, the party offering same
may make a proffer thereof, and such proffer shall be made a part
of the record of such hearing.
If upon completion of the hearing the hearing officer finds
that the order appealed from was lawful and reasonable, the
hearing officer shall
make a written order affirming the order
appealed from. If the
hearing officer finds that such order was
unreasonable or
unlawful, the hearing officer shall make a written
order
vacating the order
appealed from and making the order that
it finds the chief
should have made. Every order made by the
hearing officer shall
contain a written finding by the hearing
officer of the
facts upon which the
order is based. Notice of the
making of such order shall be
given forthwith to each party to the
appeal by mailing a
certified copy thereof to each such party by
registered mail.
Sec. 1707.23. Whenever it appears to the division of
securities, from its files, upon complaint, or otherwise, that
any
person has engaged in, is engaged in, or is about to engage
in any
practice declared to be illegal or prohibited by this chapter or
rules adopted under
this chapter by the
division, or defined as
fraudulent in this chapter or rules
adopted under this chapter
by
the division, or any other
deceptive scheme or practice in
connection
with the sale of securities, or acting as a dealer, a
salesperson, an investment
adviser,
investment adviser
representative, bureau of workers' compensation chief investment
officer, or state retirement system investment officer or when the
division
believes it
to be in the best interests of the public and
necessary for the
protection of investors, the division may do any
of the following:
(A) Require any person to file with it, on such forms as
it
prescribes, an original or additional statement or report in
writing, under oath or otherwise, as to any facts or
circumstances
concerning the issuance, sale, or offer for sale of
securities
within this state by the person,
as to the person's acts or
practices as a dealer, a salesperson, an investment adviser,
investment
adviser
representative, bureau of workers' compensation
chief investment officer, or state retirement system investment
officer within this state, and as to other
information as
it deems
material or relevant thereto;
(B) Examine any investment adviser, investment adviser
representative, state retirement system investment officer, bureau
of workers' compensation chief investment officer, or
any
seller,
dealer, salesperson, or issuer of
any
securities, and any of their
agents, employees, partners,
officers, directors, members, or
shareholders, wherever located,
under oath; and examine and
produce records, books, documents, accounts,
and
papers as the
division deems material or relevant to the
inquiry;
(C) Require the attendance of witnesses, and the
production
of books, records, and papers, as are required
either by the
division or by any party to a hearing before the
division, and for
that purpose issue a subpoena for any witness,
or a subpoena duces
tecum to compel the production of any books,
records, or papers.
The subpoena shall be served by
personal service or by certified
mail, return receipt requested. If the subpoena is returned
because of inability to deliver, or if no return is received
within thirty days of the date of mailing, the subpoena may be
served by ordinary mail. If no return of ordinary mail is
received
within thirty days after the date of mailing, service
shall be
deemed to have been made. If the subpoena is returned
because of
inability to deliver, the division may designate a
person or
persons to effect either personal or residence service
upon the
witness. The person designated to effect personal or
residence
service under this division may be the sheriff of the
county
in
which the witness resides or may be found or any other
duly
designated person. The fees and mileage of the person
serving
the
subpoena shall be the same as those allowed by the
courts of
common pleas in criminal cases, and shall be paid from
the funds
of the division. Fees and mileage for the witness shall
be the
same as those allowed for witnesses by the courts of common
pleas
in criminal cases determined under section 119.094 of the Revised
Code, and shall be paid from the funds of the
division upon
request of the witness following the hearing.
(D) Initiate criminal proceedings under section 1707.042
or
1707.44 of the Revised Code or rules adopted under those sections
by the
division by laying before the prosecuting
attorney of the
proper county any evidence of criminality which
comes to its
knowledge; and in the event of the neglect or
refusal of the
prosecuting attorney to prosecute such violations,
or at the
request of the prosecuting attorney, the division shall
submit the
evidence to the attorney general, who may
proceed in
the
prosecution with all the rights, privileges, and powers
conferred
by law on prosecuting attorneys, including the power to
appear
before grand juries and to interrogate witnesses before
such grand
juries.
(E) Require any dealers
immediately to furnish to
the
division
copies of prospectuses, circulars, or advertisements
respecting
securities that they publish or generally
distribute,
or require
any investment advisers immediately
to furnish to the
division
copies of brochures, advertisements,
publications,
analyses,
reports, or other writings that they
publish or
distribute;
(F) Require any dealers to mail to the division, prior to
sale, notices of intention to sell, in respect to all securities
which are not exempt under section 1707.02 of the Revised Code,
or
which are sold in transactions not exempt under section
1707.03 or
1707.04 of the Revised Code;
(G) Issue and cause to be served by certified mail upon
all
persons affected an order requiring the person or persons to
cease
and desist from the acts or practices appearing to the
division to
constitute violations of this chapter or rules adopted under
this
chapter by the
division. The order shall state specifically
the
section or sections of this
chapter or the rule or
rules
adopted
under this chapter by the division that
appear to the
division to
have been violated and
the facts constituting the
violation. If
after the issuance of
the order it appears to the
division that
any
person or persons affected by the order have
engaged in any
act
or practice from which the person or persons
shall have been
required, by the order, to cease and desist, the
director of
commerce may apply to the court of common pleas of any
county
for,
and upon proof of the validity of the order of the
division,
the
delivery of the order to the person or persons
affected, and of
the illegality and the continuation of the acts
or practices that
are the subject of the order, the court may
grant an injunction
implementing the order of the division.
(H) Issue and initiate contempt proceedings in this state
regarding
subpoenas and subpoenas duces tecum at the request of
the
securities administrator of another state, if it appears to
the
division that the activities for which the information is
sought
would violate this chapter if
the activities had occurred
in this state.
(I) The remedies provided by this section are cumulative and
concurrent with any other remedy provided in this chapter, and the
exercise of one remedy does not preclude or require the exercise
of any other remedy.
Sec. 1901.26. (A) Subject to division (E) of this
section,
costs in a municipal court shall be fixed and taxed as follows:
(1)(a) The municipal court shall require an advance deposit
for
the filing of any new civil action or proceeding when
required
by
division (C) of this section, and in all other
cases, by rule,
shall establish a schedule of fees and costs to
be taxed in any
civil or criminal action or proceeding.
(b)(i) The legislative authority of a municipal corporation
may by ordinance establish a schedule of fees to be taxed as costs
in any civil, criminal, or traffic action or proceeding in a
municipal court for the performance by officers or other employees
of the municipal corporation's police department or marshal's
office of any of the services specified in sections 311.17 and
509.15 of the Revised Code. No fee in the schedule shall be higher
than the fee specified in section 311.17 of the Revised Code for
the performance of the same service by the sheriff. If a fee
established in the schedule conflicts with a fee for the same
service established in another section of the Revised Code or a
rule of court, the fee established in the other section of the
Revised Code or the rule of court shall apply.
(ii) When an officer or employee of a municipal police
department or marshal's office performs in a civil, criminal, or
traffic action or proceeding in a municipal court a service
specified in section 311.17 or 509.15 of the Revised Code for
which a taxable fee has been established under this or any other
section of the Revised Code, the applicable legal fees and any
other extraordinary expenses, including overtime, provided for the
service shall be taxed as costs in the case. The clerk of the
court shall pay those legal fees and other expenses, when
collected, into the general fund of the municipal corporation that
employs the officer or employee.
(iii) If a bailiff of a municipal court performs in a civil,
criminal, or traffic action or proceeding in that court a service
specified in section 311.17 or 509.15 of the Revised Code for
which a taxable fee has been established under this section or any
other section of the Revised Code, the fee for the service is the
same and is taxable to the same extent as if the service had been
performed by an officer or employee of the police department or
marshal's office of the municipal corporation in which the court
is located. The clerk of that court shall pay the fee, when
collected, into the general fund of the entity or entities that
fund the bailiff's salary, in the same pro-rated prorated amount
as the salary is funded.
(iv) Division (A)(1)(b) of this section does not authorize or
require any officer or employee of a police department or
marshal's office of a municipal corporation or any bailiff of a
municipal court to perform any service not otherwise authorized by
law.
(2) The municipal court, by rule, may require an advance
deposit for the filing of any civil action or proceeding and
publication fees as provided in section 2701.09 of the Revised
Code. The court may waive the requirement for advance deposit
upon
affidavit or other evidence that a party is unable to
make
the
required deposit.
(3) When a jury trial is demanded in any civil action or
proceeding, the party making the demand may be required to make
an
advance deposit as fixed by rule of court, unless, upon
affidavit
or other evidence, the court concludes that the party
is unable to
make the required deposit. If a jury is
called, the fees of a
jury
shall be taxed as costs.
(4) In any civil or criminal action or proceeding,
witnesses'
fees shall be fixed in accordance with sections
2335.06
and
2335.08 of the Revised Code each witness shall receive twelve
dollars for each full day's attendance and six dollars for each
half day's attendance. Each witness in a municipal court that is
not a county-operated municipal court also shall receive fifty and
one-half cents for each mile necessarily traveled to and from the
witness's place of residence to the action or proceeding.
(5) A reasonable charge for driving, towing, carting,
storing, keeping, and preserving motor vehicles and other
personal
property recovered or seized in any proceeding may be
taxed as
part of the costs in a trial of the cause, in an
amount that shall
be fixed by rule of court.
(6) Chattel property seized under any writ or process
issued
by the court shall be preserved pending final disposition
for the
benefit of all persons interested and may be placed in
storage
when necessary or proper for that preservation. The
custodian of
any chattel property so stored shall not be required
to part with
the possession of the property until a reasonable
charge, to be
fixed by the court, is paid.
(7) The municipal court, as it determines, may refund all
deposits and advance payments of fees and costs,
including those
for jurors and summoning jurors, when
they have been paid by the
losing party.
(8) Charges for the publication of legal notices required
by
statute or order of court may be taxed as part of the costs,
as
provided by section 7.13 of the Revised Code.
(B)(1) The municipal court may determine that, for the
efficient
operation of the court, additional funds are necessary
to acquire and pay for
special projects of the court including,
but not limited to, the acquisition
of additional facilities or
the rehabilitation of existing facilities, the
acquisition of
equipment, the hiring and training of staff, community service
programs, mediation or dispute resolution services, the employment
of
magistrates, the training and education of judges, acting
judges, and
magistrates, and other related services. Upon that
determination,
the court
by rule may charge a fee, in addition to
all other
court costs, on the filing of each criminal cause, civil
action or proceeding,
or judgment by confession.
If the municipal court offers a special program or service in
cases of a
specific type, the municipal court by rule may assess
an additional charge in
a case of that type, over and above court
costs, to cover the special program
or service. The municipal
court shall adjust the special assessment
periodically,
but not
retroactively, so that the amount assessed in those cases does not
exceed the actual cost of providing the service or program.
All moneys collected under division (B)
of this section shall
be paid to the county treasurer if the court is a
county-operated
municipal court or to the city treasurer if the court is not a
county-operated municipal court for deposit into either
a general
special projects fund or a fund established for a specific special
project. Moneys from a fund of that nature shall be disbursed
upon
an order
of the court in an amount no greater than the actual
cost
to the court of a
project. If a specific fund is terminated
because of the discontinuance of a
program or service established
under division
(B) of this section, the municipal court may
order
that moneys remaining in the fund be transferred to an account
established under this division for a similar purpose.
(2) As used in division (B) of this section:
(a)
"Criminal cause" means a charge alleging the violation
of
a
statute or ordinance, or subsection of a statute or
ordinance,
that requires a
separate finding of fact or a separate
plea before
disposition and of which
the defendant may be found
guilty,
whether filed as part of a multiple charge
on a single
summons,
citation, or complaint or as a separate charge on a
single
summons, citation, or complaint.
"Criminal cause" does not
include
separate
violations of the same statute or ordinance, or
subsection of the same statute
or ordinance, unless each charge is
filed on a separate summons, citation, or
complaint.
(b)
"Civil action or proceeding" means any civil litigation
that
must be determined by judgment entry.
(C)
The municipal
court shall
collect in all its divisions
except the small claims
division the
sum of twenty-six dollars as
additional filing fees in
each new civil
action or proceeding for
the charitable public
purpose of
providing financial assistance to
legal aid societies
that operate
within the state and to support
the office of the state public defender.
The municipal
court shall
collect in its small
claims division
the sum of eleven
dollars as
additional filing
fees in each new
civil action or
proceeding for
the charitable
public purpose of
providing
financial assistance to
legal aid
societies that operate
within
the state and to support
the office of the state public defender. This division does not
apply to any execution
on a
judgment, proceeding in aid of
execution, or other
post-judgment
proceeding arising out of a
civil action. The
filing fees
required to be collected under
this
division shall be
in addition
to any other court costs
imposed in
the action or
proceeding and
shall be collected at the
time of the
filing of the
action or
proceeding. The court shall
not waive the
payment of
the
additional filing fees in a new
civil action or
proceeding
unless
the court waives the advanced
payment of all
filing fees in
the
action or proceeding. All such
moneys collected
during a month shall be transmitted on
or before the
twentieth day
of the following
month by the clerk of the court to
the
treasurer
of state in a manner prescribed by the treasurer of state or by
the Ohio legal assistance foundation. The
treasurer of state shall
deposit four per cent of the funds collected under this division
to the credit of the civil case filing fee fund established under
section 120.07 of the Revised Code and ninety-six per cent of the
funds collected under this division to the
credit of the legal aid
fund established
under section 120.52 of
the Revised Code.
The court may retain up to one per cent of the moneys it
collects under this division to cover administrative costs,
including the hiring of any additional personnel necessary to
implement this division.
(D) In the Cleveland municipal court, reasonable charges
for
investigating titles of real estate to be sold or disposed of
under any writ or process of the court may be taxed as part of
the
costs.
(E) Under the circumstances described in sections 2969.21
to
2969.27 of the Revised Code, the clerk of the municipal court
shall charge
the fees and perform the other duties specified in
those sections.
(F) As used in this section:
(1) "Full day's attendance" means a day on which a witness is
required or requested to be present at an action or proceeding
before and after twelve noon, regardless of whether the witness
actually testifies.
(2) "Half day's attendance" means a day on which a witness is
required or requested to be present at an action or proceeding
either before or after twelve noon, but not both, regardless of
whether the witness actually testifies.
Sec. 1905.26. In cases for the violation of ordinances, the
fees of witnesses
shall be paid, on the certificate of the officer
presiding at the trial, from
the treasury of the municipal
corporation. Witnesses shall be paid the fees and mileage provided
for under section 1901.26 of the Revised Code.
Sec. 2335.06. Each witness in civil cases shall receive
the
following fees:
(A) Twelve dollars for each full day's attendance and six
dollars for each half day's attendance at a court of record,
mayor's court, or before a person authorized to take depositions,
to be taxed in the bill of costs. Each witness shall also
receive
ten cents reimbursement for each mile necessarily traveled to and
from
his the witness's place of residence to the place of giving
his testimony, to be taxed in the bill of costs. The board of
county commissioners of each county shall set the reimbursement
rate for each mile necessarily traveled by a witness in a civil
case in the common pleas court, any division of the common pleas
court, a county court, or a county-operated municipal court. The
rate shall not exceed fifty and one-half cents for each mile.
(B) For attending a coroner's inquest, the same fees and
mileage provided by division (A) of this section, payable from
the
county treasury on the certificate of the coroner.
(C) As used in this section, "full day's attendance" means
a
day on which a witness is required or requested to be present
at
proceedings before and after twelve noon regardless of whether
he
the witness actually testifies; "half day's attendance" means
a
day on
which a witness is required or requested to be present at
proceedings either before or after twelve noon, but not both,
regardless of whether he the witness actually testifies.
Sec. 2335.08. Each witness attending, under recognizance
or
subpoena issued by order of the prosecuting attorney or
defendant,
before the grand jury or any court of record the common pleas
court, any division of the common pleas court, a county court, or
a county-operated municipal court, in
criminal causes, shall be
allowed the same fees as provided by
section 2335.06 of the
Revised Code in civil causes, to be taxed
in only one cause when
such witness is attending in more causes
than one on the same
days, unless otherwise directed by special
order of the court.
When certified to the county auditor by the
clerk of the court,
such fees shall be paid from the county
treasury, and except as to
the grand jury, taxed in the bill of
costs. Each witness attending
before a judge of a county court,
magistrate, or mayor, under
subpoena in criminal cases, shall be
allowed the fees provided by
such section for witnesses in the
court of common pleas. In state
cases such fees shall be paid
out of the county treasury, and in
ordinance cases they shall be
paid out of the treasury of the
municipal corporation, upon the
certificates of the judge or
magistrate, and they shall be taxed
in the bill of costs.
When the fees enumerated by this section have been
collected
from the judgment debtor, they shall be paid to the
public
treasury from which such fees were advanced.
Sec. 2743.06. Any witness subpoenaed or whose deposition is
taken shall
receive the same fees and mileage set forth in as
witnesses are provided under section 2335.06 119.094 of the
Revised Code.
The party at whose instance the witness appears or
the deposition is taken
shall pay the fees and mileage, except
that the state may not pay the fees to
its own employees.
Sec. 2743.65. (A) The attorney general
shall determine, and
the state shall pay, in accordance with this section
attorney's
fees, commensurate with
services rendered, to the attorney
representing a claimant under sections 2743.51 to 2743.72 of the
Revised Code. The attorney
shall submit on an application form an
itemized fee bill at the
rate of sixty dollars per hour upon
receipt of the final decision
on the claim. Attorney's fees
paid
pursuant to this section are subject to the following maximum
amounts:
(1) A maximum of seven hundred twenty dollars for claims
resolved
without the filing of an appeal to the panel of
commissioners;
(2) A maximum of one thousand twenty dollars for claims in
which an
appeal to the panel of commissioners is filed plus, at
the request
of an attorney whose main office is not in Franklin
county,
Delaware county, Licking county, Fairfield county,
Pickaway
county, Madison county, or Union county, an amount for
the
attorney's travel time to attend the oral hearing before the
panel of
commissioners at the rate of thirty dollars per hour;
(3) A maximum of one thousand three hundred twenty dollars
for
claims in which an appeal to a judge of the court of claims is
filed plus, at the request of an attorney whose main office is not
in Franklin county, Delaware county, Licking county, Fairfield
county, Pickaway county, Madison county, or Union county, an
amount for the attorney's travel time to attend the oral hearing
before the
judge at
the rate of thirty dollars per hour;
(4) A maximum of seven hundred twenty dollars for a
supplemental
reparations application;
(5) A maximum of two hundred dollars if the claim is denied
on
the basis of a claimant's or victim's conviction of a felony
offense prior to the filing of the claim. If the claimant or
victim is convicted of a felony offense during the pendency of the
claim, the two hundred dollars maximum does not apply. If the
attorney had knowledge of the claimant's or victim's felony
conviction prior to the filing of the application for the claim,
the attorney general may determine that the filing of the claim
was frivolous and may deny attorney's fees.
(B) The attorney general may determine that an attorney be
reimbursed for fees incurred in the creation of a guardianship if
the
guardianship is required
in order for an individual to receive
an award of reparations, and
those fees shall be reimbursed at a
rate of sixty dollars per
hour.
(C)(1) The attorney general shall forward an application form
for
attorney's fees to a claimant's attorney before or when the
final decision on
a claim is
rendered. The application form for
attorney's fees shall do all of the
following:
(a) Inform the attorney of the requirements of this section;
(b) Require a verification statement comporting with the
law
prohibiting falsification;
(c) Require an itemized fee statement;
(d) Require a verification statement that the claimant was
served
a copy of the completed application form;
(e) Include notice that the claimant may oppose the
application
by notifying the attorney general in writing within
ten days.
(2) The attorney general shall forward a copy of this section
to
the attorney with the application form for attorney's fees. The
attorney shall file the application form with the attorney
general. The attorney general's decision with respect to an award
of attorney's fees is final ten days after the attorney general
renders the decision and mails a copy of the decision to the
attorney at the address provided by the attorney. The attorney
may
request reconsideration of the decision on grounds that it is
insufficient or calculated incorrectly. The attorney general's
decision on the request for reconsideration is final.
(D) The attorney general shall review all application forms
for
attorney's fees that are submitted by a claimant's attorney
and
shall issue an order approving the amount of fees to be paid
to
the attorney within sixty days after receipt of the application
form.
(E) No attorney's fees shall be paid for the following:
(1) Estate work or representation of a claimant against a
collateral source;
(2) Duplication of investigative work required to be
performed by
the attorney general;
(3) Performance of unnecessary criminal investigation of the
offense;
(4) Presenting or appealing an issue that has been repeatedly
ruled upon by the highest appellate authority, unless a unique set
of facts or unique issue of law exists that distinguishes it;
(5) A fee request that is unreasonable, is not commensurate
with
services rendered, violates the Ohio code of professional
responsibility, or is based upon services that are determined
to
be frivolous.
(F)(1) The attorney general may reduce or deny the payment of
attorney's fees to an attorney who has filed a frivolous claim.
Subject to division (A)(5) of this section, the denial of a
claim
on the basis of a felony conviction, felony conduct, or
contributory misconduct does not constitute a frivolous claim.
(2) As used in this section, "frivolous claim" means a claim
in
which there is clearly no legal grounds under the existing laws
of
this state to support the filing of a claim on behalf of the
claimant or victim.
(G) The attorney general may determine that a lesser number
of
hours should have been required in a given case. Additional
reimbursement may
be made where the attorney demonstrates to the
attorney general that the
nature of the particular claim required
the expenditure of an amount in excess
of that allowed.
(H) No attorney shall receive payment under this section for
assisting a claimant with an application for an award of
reparations under sections 2743.51 to 2743.72 of the Revised Code
if that attorney's fees have been allowed as an expense in
accordance with division (F)(4) of section 2743.51 of the Revised
Code.
(I) A contract or other
agreement between an attorney and any
person that provides for the payment of
attorney's
fees or other
payments in excess of the attorney's fees allowed under
this
section for representing a claimant under sections 2743.51 to
2743.72 of the Revised Code shall be void and
unenforceable.
(J) Each witness who appears in a hearing on a claim for
an
award of reparations shall receive compensation in an amount
equal
to that received by witnesses in civil cases as provided in
under
section 2335.06 119.094 of the Revised Code.
Sec. 3333.30. The chancellor of the Ohio board of regents
may
enter into an agreement with private entities to provide
log-in
access or an internet link to free career information for
students
via the web site maintained by the chancellor. A log-in
access or
internet
link authorized under this section shall not
be
considered an
advertisement, endorsement, or sponsorship for
purposes of the
regulation of state-controlled web sites under
any section of the
Revised Code, any rule of the Administrative
Code, or any other
policy or directive adopted or issued by the
office of information
technology or any other state agency.
Sec. 3745.05. In hearing the appeal, if an adjudication
hearing was conducted by the director of environmental protection
in accordance with sections 119.09 and 119.10 of the Revised
Code
or conducted by a board of health, the environmental review
appeals commission is
confined to the record as certified to it by
the director or the board of health, as applicable. The commission
may grant a request for the
admission of
additional evidence when
satisfied that such additional evidence
is newly discovered and
could not with reasonable diligence have
been ascertained prior to
the hearing before the director or the board, as applicable. If no
adjudication hearing was conducted in accordance with sections
119.09 and 119.10 of the Revised Code or conducted by a board of
health, the commission
shall conduct a hearing de novo on the
appeal.
For the purpose of conducting a de novo hearing, or where
the
commission has granted a request for the admission of
additional
evidence, the commission may
require the attendance of witnesses
and the production of written or printed
materials.
When conducting a de novo hearing, or when a request for
the
admission of additional evidence has been granted, the
commission
may, and at the request of any party it shall, issue
subpoenas
for
witnesses or for books, papers, correspondence, memoranda,
agreements, or other documents or records relevant or material to
the inquiry directed to the sheriff of the counties where the
witnesses or documents or records are found, which subpoenas
shall
be served and returned in the same manner as those allowed
by the
court of common pleas in criminal cases.
The fees and mileage of sheriffs and witnesses shall be the
same as those allowed by the court of common pleas in criminal
cases. Witnesses shall be paid the fees and mileage provided for
under section 119.094 of the Revised Code. The fee and mileage
expenses incurred at the request of
the appellant shall be paid in
advance by the appellant, and the
remainder of the expenses shall
be paid out of funds appropriated
for the expenses of the
commission.
In case of disobedience or neglect of any subpoena served
on
any person, or the refusal of any witness to testify to any
matter
regarding which the witness may be lawfully
interrogated, the
court
of common pleas of the county in which the disobedience,
neglect,
or refusal occurs, or any judge thereof, on application
of the
commission or any member thereof, may compel obedience by
attachment
proceedings for contempt as in the case of disobedience
of the
requirements of a subpoena issued from the court or a
refusal to
testify therein.
A witness at any hearing shall testify under oath or
affirmation, which any member of the commission may
administer. A
witness, if the witness requests, shall be
permitted to be
accompanied,
represented, and advised by an attorney, whose
participation in
the hearing shall be limited to the protection of
the rights of
the witness, and who may not examine or
cross-examine witnesses.
A witness shall be advised of the right
to counsel before
the witness is interrogated.
A stenographic record of the testimony and other evidence
submitted shall be taken by an official court shorthand reporter.
The record shall include all of the testimony and other evidence
and the rulings on the admissibility thereof presented at the
hearing. The commission shall pass upon the admissibility
of
evidence, but any party may at the time object to the admission
of
any evidence and except to the rulings of the
commission thereon,
and if the commission refuses
to admit evidence the party offering
same may make a proffer thereof, and such proffer shall be made a
part of the record of such hearing.
Any party may request the stenographic record of the
hearing.
Promptly after receiving such a request, the
commission shall
prepare and provide the stenographic record of the
hearing
to the
party who requested it. The commission may charge
a fee to the
party who requested the stenographic record that does not exceed
the cost to the commission for preparing and transcribing
it.
If, upon completion of the hearing, the commission finds
that
the action appealed from was lawful and reasonable, it shall make
a written order affirming the action, or if the commission
finds
that the
action was unreasonable or unlawful, it shall make a
written
order vacating or modifying the action appealed from.
Every
order made by the commission shall contain a written
finding
by the
commission of the facts upon which the order is based.
Notice of the
making of the order shall be given forthwith to each
party to the
appeal by mailing a certified copy thereof to each
party by
certified mail, with a statement of the time and method
by which
an appeal may be perfected.
The order of the commission is final unless vacated or
modified upon judicial review.
Sec. 3901.04. (A) As used in this section:
(1) "Laws of this state relating to insurance" include but
are not limited to Chapter
1751. notwithstanding section 1751.08,
Chapter 1753.,
Title XXXIX, sections 5725.18 to 5725.25, and
Chapter 5729. of the Revised Code.
(2) "Person" has the meaning defined in division (A) of
section 3901.19 of the Revised Code.
(B) Whenever it appears to the superintendent of
insurance,
from the superintendent's files, upon complaint
or otherwise, that
any person has engaged in, is engaged in, or is about to
engage in
any act or practice declared to be illegal or prohibited by the
laws of this state relating to insurance, or defined as unfair or
deceptive by such laws, or when the superintendent believes it to
be in the best interest of the public and necessary for the
protection of the people in this state, the superintendent or
anyone designated by the superintendent under the
superintendent's
official seal may do any one or more of the following:
(1) Require any person to file with the superintendent, on
a
form that is appropriate for review by the superintendent, an
original or additional statement or report in writing, under oath
or otherwise, as to any facts or circumstances concerning the
person's conduct of the business of insurance within this state
and as to any other information that the superintendent considers
to be material or relevant to such business;
(2) Administer oaths, summon and compel by order or
subpoena
the attendance of witnesses to testify in relation to
any matter
which, by the laws of this state relating to
insurance, is the
subject of inquiry and investigation, and
require the production
of any book, paper, or document pertaining
to such matter. A
subpoena, notice, or order under this section
may be served by
certified mail, return receipt requested. If
the subpoena, notice,
or order is returned because of inability
to deliver, or if no
return is received within thirty days of the
date of mailing, the
subpoena, notice, or order may be served by
ordinary mail. If no
return of ordinary mail is received within
thirty days after the
date of mailing, service shall be deemed to
have been made. If the
subpoena, notice, or order is returned
because of inability to
deliver, the superintendent may designate
a person or persons to
effect either personal or residence
service upon the witness.
Service of any subpoena, notice, or
order and return may also be
made in any manner authorized under
the Rules of Civil Procedure.
Such service shall be made by an
employee of the department
designated by the superintendent, a
sheriff, a deputy sheriff, an
attorney, or any person authorized
by the Rules of Civil Procedure
to serve process.
In the case of disobedience of any notice, order, or
subpoena
served on a person or the refusal of a witness to
testify to a
matter regarding which the person may lawfully
be interrogated,
the court of common pleas of the county where venue
is
appropriate, on application by the superintendent, may compel
obedience by attachment proceedings for contempt, as in the case
of disobedience of the requirements of a subpoena issued from
such
court, or a refusal to testify therein. Witnesses shall
receive
the fees and mileage allowed by section 2335.06 119.094 of the
Revised Code. All such fees, upon the presentation of proper
vouchers approved by the superintendent, shall be paid out of the
appropriation for the contingent fund of the department of
insurance. The fees and mileage of witnesses not summoned by the
superintendent or the superintendent's designee shall not be
paid
by the state.
(3) In a case in which there is no administrative
procedure
available to the superintendent to resolve a matter at
issue,
request the attorney general to commence an action for a
declaratory judgment under Chapter 2721. of the Revised Code with
respect to the matter.
(4) Initiate criminal proceedings by presenting evidence
of
the commission of any criminal offense established under the
laws
of this state relating to insurance to the prosecuting
attorney of
any county in which the offense may be prosecuted.
At the request
of the prosecuting attorney, the attorney general
may assist in
the prosecution of the violation with all the
rights, privileges,
and powers conferred by law on prosecuting
attorneys including,
but not limited to, the power to appear
before grand juries and to
interrogate witnesses before grand
juries.
Sec. 3901.321. (A) For the purposes of this section:
(1) "Acquiring party" means any person by whom or on whose
behalf a merger or other acquisition of control is to be
effected.
(2) "Domestic insurer" includes any person controlling a
domestic insurer unless the person, as determined by the
superintendent of insurance, is either directly or through its
affiliates primarily engaged in business other than the business
of insurance.
(3) "Person" does not include any securities broker
holding,
in the usual and customary broker's function, less than
twenty per
cent of the voting securities of an insurance company
or of any
person that controls an insurance company.
(B)(1) Subject to compliance with division (B)(2) of this
section, no person other than the issuer shall do any of the
following if, as a result, the person would, directly or
indirectly, including by means of conversion or the exercise of
any right to acquire, be in control of a domestic insurer:
(a) Make a tender offer for any voting security of a
domestic
insurer;
(b) Make a request or invitation for tenders of any voting
security of a domestic insurer;
(c) Enter into any agreement to exchange securities of a
domestic insurer;
(d) Seek to acquire or acquire, in the open market or
otherwise, any voting security of a domestic insurer;
(e) Enter into an agreement to merge with, or otherwise to
acquire control of, a domestic insurer.
(2)(a) No person shall engage in any transaction described
in
division (B)(1) of this section, unless all of the following
conditions are met:
(i) The person has filed with the superintendent of
insurance
a statement containing the information required by
division (C) of
this section;
(ii) The person has sent the statement to the domestic
insurer;
(iii) The offer, request, invitation, agreement, or
acquisition has been approved by the superintendent in the manner
provided in division (F) of this section.
(b) The requirements of division (B)(2)(a) of this section
shall be met at the time any offer, request, or invitation is
made, or any agreement is entered into, or prior to the
acquisition of the securities if no offer or agreement is
involved.
(C) The statement required by division (B)(2) of this
section
shall be made under oath or affirmation, and shall
contain
all of
the following information:
(1) The name and address of each acquiring party;
(2) If the acquiring party is an individual, the
individual's
principal occupation and all offices and positions
held
during the
past
five years, and any conviction of crimes
other than minor
traffic
violations during the past ten years;
(3) If the acquiring party is not an individual, a report
of
the nature of its business operations during the past five
years
or for such lesser period as the acquiring party and any of
its
predecessors shall have been in existence; an informative
description of the business intended to be done by the acquiring
party and the acquiring party's subsidiaries; and a list of all
individuals who are or who have been selected to become directors
or executive officers of the acquiring party, who perform or will
perform functions appropriate to such positions. The list shall
include for each individual the information required by division
(C)(2) of this section.
(4) The source, nature, and amount of the consideration
used
or to be used in effecting the merger or other acquisition
of
control, a description of any transaction in which funds were
or
are to be obtained for any such purpose, including any pledge
of
the domestic insurer's stock, or the stock of any of its
subsidiaries or controlling affiliates, and the identity of
persons furnishing such consideration;
(5) Fully audited financial information as to the earnings
and financial condition of each acquiring party for its preceding
five fiscal years, or for such lesser period as the acquiring
party and any of its predecessors shall have been in existence,
and similar unaudited information as of a date not earlier than
ninety days prior to the filing of the statement;
(6) Any plans or proposals which each acquiring party may
have to liquidate such domestic insurer, to sell its assets or
merge or consolidate it with any person, or to make any other
material change in its business or corporate structure or
management;
(7) The number of shares of any security of such issuer or
such controlling person that each acquiring party proposes to
acquire, and the terms of the offer, request, invitation,
agreement, or acquisition, and a statement as to the method by
which the fairness of the proposal was determined;
(8) The amount of each class of any security of such
issuer
or such controlling person which is beneficially owned or
concerning which there is a right to acquire beneficial ownership
by each acquiring party;
(9) A full description of any contracts, arrangements, or
understandings with respect to any security of such issuer or
such
controlling person in which any acquiring party is involved,
including but not limited to transfer of any of the securities,
joint ventures, loan or option arrangements, puts or calls,
guarantees of loans, guarantees against loss or guarantees of
profits, division of losses or profits, or the giving or
withholding of proxies. The description shall identify the
persons
with whom such contracts, arrangements, or understandings
have
been made.
(10) A description of the purchase of any security of such
issuer or such controlling person during the year preceding the
filing of the statement, by any acquiring party, including the
dates of purchase, names of the purchasers, and consideration
paid
or agreed to be paid therefor;
(11) A description of any recommendations to purchase any
security of such issuer or such controlling person made during
the
year preceding the filing of the statement, by any acquiring
party, or by anyone based upon interviews or at the suggestion of
the acquiring party;
(12) Copies of all tender offers for, requests, or
invitations for tenders of, exchange offers for, and agreements
to
acquire or exchange any securities of such issuer or such
controlling person, and, if distributed, of additional
solicitation material relating thereto;
(13) The terms of any agreement, contract, or
understanding
made with or proposed to be made with any broker or
dealer as to
solicitation of securities of such issuer or such
controlling
person for tender, and the amount of any fees,
commissions, or
other compensation to be paid to brokers or
dealers with regard
thereto;
(14)
With respect to proposed affiliations between depository
institutions or any affiliate thereof, within the meaning of Title
I, section 104(c) of the "Gramm-Leach-Bliley Act," Pub. L. No.
106-102, 113 Stat. 1338 (1999), and a domestic insurer, the
proposed effective date of the acquisition or change of control;
(15) Such additional information as the superintendent may
by
rule prescribe as necessary or appropriate for the protection
of
policyholders of the domestic insurer or in the public
interest.
(D)(1) If the person required to file the statement
required
by division (B)(2) of this section is a partnership,
limited
partnership, syndicate, or other group, the
superintendent may
require that the information required by
division (C) of this
section be furnished with respect to each
partner of such
partnership or limited partnership, each member
of such syndicate
or group, and each person that controls such
partner or member.
If
any such partner, member, or person is a
corporation, or the
person required to file the statement is a
corporation, the
superintendent may require that the information
required by
division (C) of this section be furnished with
respect to the
corporation, each officer and director of the
corporation, and
each person that is directly or indirectly the
beneficial owner of
more than ten per cent of the outstanding
voting securities of the
corporation.
(2) If any material change occurs in the facts set forth
in
the statement required by division (B)(2) of this section, an
amendment setting forth such change, together with copies of all
documents and other material relevant to the change, shall be
filed with the superintendent by the person subject to division
(B)(2) of this section and sent to the domestic insurer within
two
business days after such person learns of the occurrence of
the
material change.
(E) If any offer, request, invitation, agreement, or
acquisition described in division (B)(1) of this section is
proposed to be made by means of a registration statement under
the
"Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. 78a, or in
circumstances requiring the disclosure of similar information
under the "Securities Exchange Act of 1934," 48 Stat. 881, 15
U.S.C.A. 78a, or under a state law requiring similar registration
or disclosure, the person required to file the statement required
by division (B)(2) of this section may use such documents in
furnishing the information required by that statement.
(F)(1) The superintendent shall approve any merger or
other
acquisition of control described in division (B)(1) of this
section unless, after a public hearing, the superintendent
finds
that any of the following apply:
(a) After the change of control, the domestic insurer
would
not be able to satisfy the requirements for the issuance of
a
license to write the line or lines of insurance for which it is
presently licensed;
(b) The effect of the merger or other acquisition of
control
would be substantially to lessen competition in insurance
in this
state or tend to create a monopoly;
(c) The financial condition of any acquiring party is such
as
might jeopardize the financial stability of the domestic
insurer,
or prejudice the interests of its policyholders;
(d) The plans or proposals that the acquiring party has to
liquidate the domestic insurer, sell its assets, or consolidate
or
merge it with any person, or to make any other material change
in
its business or corporate structure or management, are unfair
and
unreasonable to policyholders of the domestic insurer and not
in
the public interest;
(e) The competence, experience, and integrity of those
persons that would control the operation of the domestic insurer
are such that it would not be in the interest of policyholders of
the domestic insurer and of the public to permit the merger or
other acquisition of control;
(f) The acquisition is likely to be hazardous or
prejudicial
to the insurance-buying public.
(2)(a) Chapter 119. of the Revised Code, except for section
119.09 of the Revised Code, applies to
any hearing
held under
division (F)(1) of this section,
including the notice
of the
hearing, the
conduct of the hearing, the orders issued
pursuant to
it, the
review of the orders, and all other matters
relating to
the
holding of the hearing, but only to the extent
that Chapter
119. of the Revised Code is not inconsistent or in
conflict with
this section.
(b) The notice of a hearing required under this division
shall be transmitted by personal service, certified mail, e-mail,
or any other method designed to ensure and confirm receipt of the
notice, to the persons and addresses designated to receive notices
and correspondence in the information statement filed under
division (B)(2) of this section. Confirmation of receipt of the
notice, including electronic "Read Receipt" confirmation, shall
constitute evidence of compliance with the requirement of this
section. The notice of hearing shall include the reasons for the
proposed action and a statement informing the acquiring party that
the party is entitled to a hearing. The notice also shall inform
the acquiring party that at the hearing the acquiring party may
appear in person, by attorney, or by such other representative as
is permitted to practice before the superintendent, or that the
acquiring party may present its position, arguments, or
contentions in writing, and that at the hearing the acquiring
party may present evidence and examine witnesses appearing for and
against the acquiring party. A copy of the notice also shall be
transmitted to attorneys or other representatives of record
representing the acquiring party.
(c) The hearing shall be held at the offices of the
superintendent within ten calendar days, but not earlier than
seven calendar days, of the date of transmission of the notice of
hearing by any means, unless it is postponed or continued; but in
no event shall the hearing be held unless notice is received at
least three days prior to the hearing. The
superintendent may
postpone or continue the hearing upon receipt
of a written request
by an acquiring party, or upon the
superintendent's motion,
provided, however, a hearing in
connection with a proposed change
of control involving a
depository institution or any affiliate
thereof, within the
meaning of Title I, section 104(c) of the
"Gramm-Leach-Bliley
Act," Pub. L. No. 106-102, 113 Stat. 1338
(1999), and a domestic
insurer, may be postponed or continued only
upon the request of an
acquiring party, or upon the
superintendent's motion when the
acquiring party agrees in writing
to extend the sixty-day period
provided for in section 104(c) of
the "Gramm-Leach-Bliley Act," by
a number of days equal to the
number of days of such postponement
or continuance.
(d) For the purpose of conducting any hearing held under
this
section, the superintendent may require the attendance of
such
witnesses and the production of such books, records, and
papers as
the superintendent desires, and may take the depositions
of
witnesses residing within or without the state in the same
manner
as is prescribed by law for the taking of depositions in
civil
actions in the court of common pleas, and for that purpose
the
superintendent may, and upon the request of an acquiring party
shall, issue a subpoena for any witnesses or a subpoena duces
tecum to compel the production of any books, records, or papers,
directed to the sheriff of the county where such witness resides
or is found, which shall be served and returned in the same manner
as a subpoena in a criminal case is served and returned. The fees
and mileage of the sheriff and witnesses shall be the same as that
allowed in the court of common pleas in criminal cases. Witnesses
shall be paid the fees and mileage provided for under section
119.094 of the Revised Code. Fees and
mileage shall be paid from
the fund in the state treasury for the
use of the superintendent
in the same manner as other expenses of
the superintendent are
paid. In any case of disobedience or
neglect of any subpoena
served on any person or the refusal of any
witness to testify in
any matter regarding which the witness may
lawfully be
interrogated, the court of common pleas of any county
where such
disobedience, neglect, or refusal occurs or any judge
thereof, on
application by the superintendent, shall compel
obedience by
attachment proceedings for contempt, as in the case
of
disobedience of the requirements of a subpoena issued from the
court or a refusal to testify therein. In any hearing held under this section, a record of the
testimony, as provided by stenographic means or by use of audio
electronic recording devices, as determined by the superintendent,
and other evidence submitted shall be taken at the expense of the
superintendent. The record shall include all of the testimony and
other evidence, and rulings on the admissibility thereof,
presented at the hearing.
The superintendent shall pass upon the admissibility of
evidence, but a party to the proceedings may at that time object
to the rulings of the superintendent, and if the superintendent
refuses to admit evidence, the party offering the evidence shall
proffer the evidence. The proffer shall be made a part of the
record of the hearing.
In any hearing held under this section, the superintendent
may call any person to testify under oath as upon
cross-examination. The superintendent, or any one delegated by
the
superintendent to conduct a hearing, may administer oaths or
affirmations.
In any hearing under this section, the superintendent may
appoint a hearing officer to conduct the hearing; the hearing
officer has the same powers and authority in conducting the
hearing as is granted to the superintendent. The hearing officer
shall have been admitted to the practice of law in the state and
be possessed of any additional qualifications as the
superintendent requires. The hearing officer shall submit to the
superintendent a written report setting forth the hearing
officer's finding of fact and conclusions of law and a
recommendation of the action to be taken by the superintendent. A
copy of the written report and recommendation shall, within seven
days of the date of filing thereof, be served upon the acquiring
party or the acquiring party's attorney or other representative of
record, by personal service, certified mail, e-mail, or
any other
method designed to ensure and confirm receipt of the
report. The
acquiring party may, within three days of receipt of
the copy of
the written report and recommendation, file with the
superintendent written objections to the report and
recommendation, which objections the superintendent shall
consider
before approving, modifying, or disapproving the
recommendation.
The superintendent may grant extensions of time
to the acquiring
party within which to file such objections. No
recommendation of
the hearing officer shall be approved, modified,
or disapproved by
the superintendent until after three days
following the service of
the report and recommendation as provided
in this section. The
superintendent may order additional
testimony to be taken or
permit the introduction of further
documentary evidence. The
superintendent may approve, modify, or
disapprove the
recommendation of the hearing officer, and the
order of the
superintendent based on the report, recommendation,
transcript of
testimony, and evidence, or the objections of the
acquiring party,
and additional testimony and evidence shall have
the same effect
as if the hearing had been conducted by the
superintendent. No
such recommendation is final until confirmed
and approved by the
superintendent as indicated by the order
entered in the record of
proceedings, and if the superintendent
modifies or disapproves the
recommendations of the hearing
officer, the reasons for the
modification or disapproval shall be
included in the record of
proceedings.
After the order is entered, the superintendent shall
transmit
in the manner and by any of the methods set forth in
division
(F)(2)(b) of this section a certified copy of the order
and a
statement of the time and method by which an appeal may be
perfected. A copy of the order shall be mailed to the attorneys
or
other representatives of record representing the acquiring
party.
(e) An order of disapproval issued by the superintendent
may
be appealed to the court of common pleas of Franklin county by
filing a notice of appeal with the superintendent and a copy of
the notice of appeal with the court, within fifteen calendar days
after the transmittal of the copy of the order of disapproval.
The
notice of appeal shall set forth the order appealed from and
the
grounds for appeal, in accordance with section 119.12 of the
Revised Code.
(3) The superintendent may retain at the acquiring party's
expense any attorneys, actuaries, accountants, and other experts
not otherwise a part of the superintendent's staff as may be
reasonably necessary to assist the superintendent in reviewing
the
proposed acquisition of control.
(G) This section does not apply to either of the
following:
(1) Any transaction that is subject to section 3907.09,
3907.10, 3907.11, or 3921.14, or sections 3925.27 to
3925.31,
3941.35 to 3941.46, or section 3953.19 of the Revised Code;
(2) Any offer, request, invitation, agreement, or
acquisition
that the superintendent by order exempts from this
section on
either of the following bases:
(a) It has not been made or entered into for the purpose
and
does not have the effect of changing or influencing the
control of
a domestic insurer;
(b) It is not otherwise comprehended within the purposes
of
this section.
(H) Nothing in this section or in any other section of
Title
XXXIX of the Revised Code shall be construed to impair the
authority of the attorney general to investigate or prosecute
actions under any state or federal antitrust law with respect to
any merger or other acquisition involving domestic insurers.
(I) In connection with a proposed change of control
involving
a depository institution or any affiliate thereof,
within the
meaning of Title I, section 104(c) of the
"Gramm-Leach-Bliley
Act," Pub. L. No. 106-102, 113 Stat. 1338
(1999), and a domestic
insurer, not later than
sixty days after
the date of the
notification of the proposed
change in control
submitted pursuant
to division (B)(2) of this
section, the
superintendent shall make
any
determination that the person
acquiring control of the insurer
shall maintain or restore the
capital of the insurer to the level
required by the laws and
regulations of this state.
Sec. 4112.04. (A) The commission shall do all of the
following:
(1) Establish and maintain a principal office in the city
of
Columbus and any other offices within the state that it
considers
necessary;
(2) Appoint an executive director who shall serve at the
pleasure of the commission and be its principal administrative
officer. The executive director shall be paid a salary fixed
pursuant to Chapter 124. of the Revised Code.
(3) Appoint hearing examiners and other employees and
agents
who it considers necessary and prescribe their duties
subject to
Chapter 124. of the Revised Code;
(4) Adopt, promulgate, amend, and rescind rules to
effectuate
the provisions of this chapter and the policies and
practice of
the commission in connection with this chapter;
(5) Formulate policies to effectuate the purposes of this
chapter and make recommendations to agencies and officers of the
state or political subdivisions to effectuate the policies;
(6) Receive, investigate, and pass upon written charges
made
under oath of unlawful discriminatory practices;
(7) Make periodic surveys of the existence and effect of
discrimination because of race, color, religion, sex, military
status, familial
status, national origin, disability, age, or
ancestry
on the
enjoyment of civil rights by persons within the
state;
(8) Report, from time to time, but not less than once a
year,
to the general assembly and the governor, describing in
detail the
investigations, proceedings, and hearings it has
conducted and
their outcome, the decisions it has rendered, and
the other work
performed by it, which report shall include a copy
of any surveys
prepared pursuant to division (A)(7) of this
section and shall
include the recommendations of the commission
as to legislative or
other remedial action;
(9) Prepare a comprehensive educational program, in
cooperation with the department of education, for the students of
the public schools of this state and for all other residents of
this state that is designed to eliminate prejudice on the basis
of
race, color, religion, sex, military status, familial status,
national origin,
disability, age, or ancestry in this state, to
further
good will
among those groups, and to emphasize the origin
of prejudice
against those groups, its harmful effects, and its
incompatibility with American principles of equality and fair
play;
(10) Receive progress reports from agencies,
instrumentalities, institutions, boards, commissions, and other
entities of this state or any of its political subdivisions and
their agencies, instrumentalities, institutions, boards,
commissions, and other entities regarding affirmative action
programs for the employment of persons against whom
discrimination
is prohibited by this chapter, or regarding any
affirmative
housing accommodations programs developed to
eliminate or reduce
an imbalance of race, color, religion, sex, military status,
familial status, national origin, disability, or
ancestry. All
agencies, instrumentalities, institutions, boards, commissions,
and other entities of this state or its political subdivisions,
and all political subdivisions, that have undertaken affirmative
action programs pursuant to a conciliation agreement with the
commission, an executive order of the governor, any federal
statute or rule, or an executive order of the president of the
United States shall file progress reports with the commission
annually on or before the first day of November. The commission
shall analyze and evaluate the progress reports and report its
findings annually to the general assembly on or before the
thirtieth day of January of the year immediately following the
receipt of the reports.
(B) The commission may do any of the following:
(1) Meet and function at any place within the state;
(2) Initiate and undertake on its own motion
investigations
of problems of employment or housing
accommodations
discrimination;
(3) Hold hearings, subpoena witnesses, compel their
attendance, administer oaths, take the testimony of any person
under oath, require the production for examination of any books
and papers relating to any matter under investigation or in
question before the commission, and make rules as to the issuance
of subpoenas by individual commissioners.
(a) In conducting a hearing or investigation, the
commission
shall have access at all reasonable times to premises,
records,
documents, individuals, and other evidence or possible
sources of
evidence and may examine, record, and copy the
premises, records,
documents, and other evidence or possible
sources of evidence and
take and record the testimony or
statements of the individuals as
reasonably necessary for the
furtherance of the hearing or
investigation. In investigations,
the commission shall comply with
the fourth amendment to the
United States Constitution relating to
unreasonable searches and
seizures. The commission or a member of
the commission may issue
subpoenas to compel access to or the
production of premises,
records, documents, and other evidence or
possible sources of
evidence or the appearance of individuals, and
may issue
interrogatories to a respondent, to the same extent and
subject
to the same limitations as would apply if the subpoenas or
interrogatories were issued or served in aid of a civil action in
a court of common pleas.
(b) Upon written application by a respondent, the
commission
shall issue subpoenas in its name to the same extent
and subject
to the same limitations as subpoenas issued by the
commission.
Subpoenas issued at the request of a respondent
shall show on
their face the name and address of the respondent
and shall state
that they were issued at the respondent's
request.
(c) Witnesses summoned by subpoena of the commission are
entitled to the same witness and mileage fees as are witnesses in
proceedings in a court of common pleas provided for under section
119.094 of the Revised Code.
(d) Within five days after service of a subpoena upon any
person, the person may petition the commission to revoke or
modify
the subpoena. The commission shall grant the petition if
it finds
that the subpoena requires an appearance or attendance
at an
unreasonable time or place, that it requires production of
evidence that does not relate to any matter before the
commission,
that it does not describe with sufficient
particularity the
evidence to be produced, that compliance would
be unduly onerous,
or for other good reason.
(e) In case of contumacy or refusal to obey a subpoena,
the
commission or person at whose request it was issued may
petition
for its enforcement in the court of common pleas in the
county in
which the person to whom the subpoena was addressed
resides, was
served, or transacts business.
(4) Create local or statewide advisory agencies and
conciliation councils to aid in effectuating the purposes of this
chapter. The commission may itself, or it may empower these
agencies and councils to, do either or both of the following:
(a) Study the problems of discrimination in all or
specific
fields of human relationships when based on race, color,
religion,
sex, military status, familial status, national origin,
disability, age,
or ancestry;
(b) Foster through community effort, or otherwise, good
will
among the groups and elements of the population of the
state.
The agencies and councils may make recommendations to the
commission for the development of policies and procedures in
general. They shall be composed of representative citizens who
shall serve without pay, except that reimbursement for actual and
necessary traveling expenses shall be made to citizens who serve
on a statewide agency or council.
(5) Issue any publications and the results of
investigations
and research that in its judgment will tend to
promote good will
and minimize or eliminate discrimination
because of race, color,
religion, sex, military status, familial status, national
origin,
disability, age, or ancestry.
Sec. 4121.16. Each witness who appears before the bureau of
workers'
compensation by its order shall receive for his the
witness's
attendance the fees and
mileage provided for witnesses
in civil cases in the court of common pleas under section 119.094
of the Revised Code,
which shall be paid from the state insurance
fund on the approval of the
administrator of workers'
compensation. No witnesses subpoenaed at the
instance of the
parties other than the bureau is entitled to compensation from
the
state for attendance or travel unless the bureau certifies that
his
the witness's testimony was material to the matter
investigated.
Sec. 4123.13. Each officer who serves a subpoena issued
under section 4123.08 of the Revised Code shall receive the same
fees as a sheriff, and each witness who appears, in obedience to
a
subpoena, before the industrial commission or its secretary or
district or staff hearing officers, the administrator of workers'
compensation, or any inspector or examiner of the commission or
administrator, shall receive for his attendance the
fees
and
mileage provided for witnesses in civil cases in courts of common
pleas under section 119.094 of the Revised Code, which shall be
paid from the state insurance fund on the
approval of any two
members of the commission, if the witness is
subpoenaed by the
commission or its secretary, district or staff
hearing officer,
inspector, or examiner, or on the approval of
the administrator,
if the witness is subpoenaed by the
administrator or his the
administrator's inspector or examiner.
No witness subpoenaed at
the instance of a party other than the persons
listed in this
section is entitled to compensation under this
section unless the
administrator or commission certifies that his
the witness's
testimony was material to the matter investigated.
Sec. 4167.10. (A) In order to carry out the purposes of
this
chapter, the administrator of workers' compensation or the
administrator's designee
shall, as provided in
this section,
inspect and investigate any
plant, facility, establishment,
construction site, or any other
area, workplace, or environment
where work is being performed by a
public employee of a public
employer, and any place of employment
and all pertinent
conditions, structures, machines, apparatus,
devices, equipment,
and materials therein, and question privately
any public
employer,
administrator, department head, operator,
agent, or
public
employee. The authority to inspect and
investigate
includes the
taking of environmental samples, the
taking and
obtaining of
photographs related to the purposes of the
inspection or
investigation, the examination of records required
to be kept
under section 4167.11 of the Revised Code and other
documents and
records relevant to the inspection and
investigation, the issuance
of subpoenas, and the conducting of
tests and other studies
reasonably calculated to serve the
purposes of implementing and
enforcing this chapter. Except as
provided in this section, the
administrator or the
administrator's designee
shall conduct
inspections and investigations only pursuant to a
request to do
so
by a public employee or public employee
representative, or the
notification
the administrator receives pursuant
to division (B)
of section 4167.06 of the Revised Code and only
if
the
administrator or the
administrator's designee complies with this
section. The administrator or the
administrator's designee shall
conduct
all requested
or
required inspections within a reasonable
amount
of time following
receipt of the request or notification.
(B)(1) Any public employee or public employee
representative
who believes that a violation of an Ohio
employment risk reduction
standard exists that threatens physical
harm, or that an imminent
danger exists, may request an
inspection by giving written notice
to the
administrator or the
administrator's designee
of the
violation or
danger. The notice shall set forth with
reasonable
particularity
the grounds for the notice, and shall be
signed by
the public
employee or public employee representative. The names
of
individual public employees making the notice or
referred to
therein shall not appear in the copy provided to the
public
employer pursuant to division (B)(2) of this section and
shall be
kept confidential.
(2) If, upon receipt of a notification pursuant to
division
(B)(1) of this section, the administrator
determines that there
are no
reasonable grounds to believe that a violation or danger
exists,
the administrator shall inform the public
employee or
public
employee
representative in writing of the determination.
If,
upon receipt
of a notification, the administrator
determines
that there
are
reasonable grounds to believe that a violation or
danger
exists,
the administrator shall, within one week,
excluding
Saturdays, Sundays,
and any legal
holiday as defined in section
1.14 of the Revised
Code, after receipt
of the notification,
notify the public
employer, by certified mail,
return receipt
requested, of the
alleged violation or danger. The notice
provided
to the public
employer or the public employer's agent shall
contain a copy of
the notice provided to the
administrator by the
public
employee or the
public employee representative under
division
(B)(1) of this
section and shall inform the public
employer of
the alleged
violation or danger and that the
administrator or the
administrator's
designee will investigate and
inspect
the public employer's
workplace as provided in this
section. The public employer must
respond to the administrator, in
a method determined by
the
administrator,
concerning the alleged
violation or
danger,
within thirty days
after receipt of the
notice. If the public
employer does not
correct the violation or
danger within the
thirty-day period or if
the public employer
fails to respond
within that time period, the
administrator or the
administrator's designee shall
investigate and inspect
the public
employer's workplace as
provided in this section. The
administrator or the
administrator's designee shall not conduct
any
inspection prior to the
end of the thirty-day period
unless
requested or permitted by the public employer. The
administrator
may,
at any time upon the request of the public employer, inspect
and
investigate
any violation or danger alleged to exist at the
public
employer's place of
employment.
(3) The authority of the administrator or the
administrator's
designee
to
investigate and inspect a premises pursuant to a
public
employee
or public employee representative notification is
not
limited to
the alleged violation or danger contained in the
notification.
The administrator or the
administrator's designee
may
investigate and
inspect any other
area of the premises where
there
is reason to believe
that a
violation or danger exists. In
addition, if the
administrator or the
administrator's designee
detects any
obvious or
apparent
violation at any
temporary place
of employment
while en route to the premises to
be inspected or
investigated,
and that violation presents a
substantial
probability that the
condition or practice could
result in death
or serious physical
harm, the
administrator or the
administrator's
designee may use any of the
enforcement
mechanisms provided in
this section to correct or
remove the condition or practice.
(4) If, during an inspection or investigation, the
administrator
or the
administrator's designee finds any condition
or
practice
in
any
place of
employment that presents a substantial
probability that
the
condition or practice could result in death
or serious
physical
harm, after notifying the employer of the
administrator's
intent to issue an order, the
administrator shall
issue
an order, or
the administrator's designee shall
issue an
order after consultation
either by telephone or in
person with the
administrator and upon the
recommendation of the
administrator,
which prohibits the employment of
any public employee or any
continuing operation or process under
such condition or practice
until necessary steps are taken to
correct or remove the
condition
or practice. The order shall not
be effective for more
than
fifteen days, unless a court of
competent jurisdiction
otherwise
orders as provided in section
4167.14 of the Revised
Code.
(C) In making any inspections or investigations under this
chapter, the administrator or the
administrator's
designee may
administer
oaths and require, by subpoena, the attendance and
testimony of
witnesses
and the production of evidence under oath.
Witnesses
shall
receive the same fees and mileage provided for
witnesses in
civil
cases in the court of common pleas under
section 119.094 of the Revised Code. In the case of
contumacy,
failure, or refusal of any person to comply with an
order or any
subpoena lawfully issued, or upon the refusal of any
witness to
testify to any matter regarding which the witness may
lawfully be
interrogated, a judge of the court of common pleas of
any county
in this state, on the application of the administrator
or
the
administrator's designee,
shall issue an order requiring the
person
to appear and to
produce evidence if, as, and when so
ordered, and
to give
testimony relating to the matter under
investigation or in
question. The court may punish any failure to
obey the order of
the court as a contempt thereof.
(D) If, upon inspection or investigation, the
administrator
or
the
administrator's designee believes that a public
employer
has
violated any
requirement of this chapter or any rule, Ohio
employment risk
reduction standard, or order adopted or issued
pursuant thereto,
the administrator or the
administrator's
designee shall,
with reasonable
promptness, issue a citation to
the
public
employer. The citation shall be in writing and describe
with
particularity the nature of the alleged violation, including
a
reference to the provision of law, Ohio employment risk
reduction
standard, rule, or order alleged to have been violated.
In
addition, the citation shall fix a time for the abatement of
the
violation, as provided in division (H) of this section. The
administrator
may prescribe procedures for the issuance of a
notice
with
respect to minor violations and for enforcement of
minor
violations that have no direct or immediate relationship to
safety
or health.
(E) Upon receipt of any citation under this section, the
public employer shall immediately post the citation, or a copy
thereof, at or near each place an alleged violation referred to
in
the citation occurred.
(F) The administrator may not issue a citation under
this
section
after the expiration of six months following the final
occurrence
of any violation.
(G) If the administrator issues a citation pursuant to
this
section, the administrator shall mail the citation to
the
public
employer by certified mail, return receipt requested. The public
employer
has fourteen days after receipt of the citation within
which to
notify the administrator that the employer wishes to
contest
the citation. If
the employer notifies the administrator
within the
fourteen days that the
employer wishes to contest the
citation, or
if within fourteen days after
the issuance of a
citation a public
employee or public employee
representative files
notice that the
time period fixed in the
citation for the
abatement of the
violation is unreasonable, the
administrator
shall hold an adjudication
hearing in
accordance with Chapter 119.
of the Revised Code.
(H) In establishing the time limits in which a public
employer must abate a violation under this section, the
administrator
shall
consider the costs to the public employer, the
size and
financial resources of the public employer, the severity
of the
violation, the technological feasibility of the public
employer's
ability to comply with requirements of the citation,
the possible
present and future detriment to the health and safety
of any
public employee for failure of the public employer to
comply with
requirements of the citation, and such other factors
as the
administrator
determines appropriate. The administrator
may, after
considering the above
factors, permit the public
employer to
comply with the citation over a period
of up
to two
years and may
extend that period an additional one year, as
the
administrator
determines appropriate.
(I) Any public employer may request the administrator
to
conduct
an
employment risk reduction inspection of the public
employer's
place of
employment. The administrator or the
administrator's designee
shall conduct the inspection
within a
reasonable amount of time
following the request. Neither the
administrator nor any
other person
may use any information
obtained from the inspection for a period
not to exceed three
years in any proceeding for a violation of
this chapter or
any
rule or order issued thereunder nor in any
other action in any
court in
this state.
Sec. 4301.04. The liquor control commission has the
following powers which it may exercise by the vote of a majority
of the commissioners:
(A) To suspend, revoke, and cancel permits. A majority of
the
commissioners constitutes a quorum for the transaction of any
business, for the performance of any duty, or for the exercise of
any power of the commission. No vacancy in the commission shall
impair the right of the remaining commissioners to exercise all
powers of the commission. The act of a majority of the
commission,
when in session, is the act of the commission. A
finding, order,
or decision of the commission to suspend a permit
shall state and
fix the effective date of the commencement and
the period of
duration of such suspension. Such finding, order,
or decision of
the commission to revoke or cancel a permit shall
state and fix
the effective date thereof.
(B) To consider, hear, and determine all appeals
authorized
by Chapters 4301. and 4303. of the Revised Code, to be
taken from
any decision, determination, or order of the
division of liquor
control, and all complaints for the
revocation of permits.
The
liquor control commission shall accord a hearing to any
person
appealing or complained against, at which such person has
the
right to be present, to be represented by counsel, to offer
evidence, and to require the attendance of witnesses.
(C) To adopt, repeal, and amend bylaws in relation to its
meetings and the transaction of its business and regulating its
procedure on appeal.
(D) To consider and make recommendations upon any matter
which the superintendent of liquor control submits to it for
recommendation and determine any matter which the superintendent
submits to it
for determination.
(E) To require of the superintendent and of any officer,
department, board, or commission of the state of any county,
township, or municipal officer in this state, information with
respect to the social and economic effects of such chapters; and
all such officers, departments, boards, and commissions shall
furnish such information when requested in writing by the liquor
control commission.
(F) To submit to the governor amendments to any laws
affecting the sale of intoxicating liquor in this state when it
deems desirable.
(G) For the purpose of any hearing or investigation which
they are respectively authorized or required by such chapters to
conduct, the liquor control commission or any member thereof, the
superintendent, or any agent of the division
designated in writing
for that purpose, may administer oaths, take depositions, issue
subpoenas, compel the attendance of witnesses and the production
of books, accounts, papers, records, documents, and testimony.
In
case of disobedience of any person with respect to an order of
the
commission or a subpoena issued by the liquor control
commission
or any member thereof, the superintendent or such
agent, or
on the
refusal of a witness to testify to any matter regarding
which the
witness may be lawfully interrogated, a judge of the court
of
common pleas of the county in which the person resides, on
application of any member of the liquor control commission or the
superintendent, shall compel obedience by attachment
proceedings
as for
contempt, as in the case of disobedience with respect to
the
requirements of a subpoena issued from such court or a refusal
to
testify in such court. Each officer who serves such subpoena
shall receive the same fees as a sheriff, and each witness who
appears, in obedience to a subpoena, before the liquor control
commission or any member thereof, or the superintendent, shall
receive
for attendance the fees and mileage provided for witnesses
in
civil cases in courts of common pleas under section 119.094 of
the Revised Code, which shall be audited and
paid upon
presentation of proper vouchers approved by any two
members of the
commission. No witness subpoenaed at the instance
of a party other
than the liquor control commission or any member
thereof, the
superintendent, or such agent, is entitled to
compensation
unless
the commission certifies that the testimony of the
witness was
material
to the matter investigated.
Sec. 4503.03. (A)(1)(a) The registrar of motor vehicles may
designate the county auditor in each county a deputy registrar.
If
the population of a county is forty thousand or less according
to
the last federal census and if the county auditor is
designated by
the registrar as a deputy registrar, no other
person need be
designated in the county to act as a deputy
registrar.
(b)
The registrar may designate a clerk of a court of
common
pleas as a deputy registrar if the population of the county
is
forty thousand or less according to the last federal
census.
All
fees collected and retained by a clerk for conducting deputy
registrar services shall be paid into the county treasury to the
credit of the certificate of title administration fund created
under section 325.33 of the Revised Code.
(c) In all
other instances, the registrar shall contract
with
one or more
other persons in each county to act as deputy
registrars.
(2) Deputy registrars shall accept applications for the
annual license tax
for any vehicle not taxed under section
4503.63
of the Revised
Code and shall assign distinctive numbers
in the
same manner as
the registrar. Such deputies shall be
located in
such locations
in the county as the registrar sees
fit. There
shall be at least
one deputy registrar in each
county.
Deputy registrar contracts are subject to the provisions of
division (B) of section 125.081 of the Revised Code.
(B) The registrar shall not contract with any person to
act
as a deputy registrar if the person or, where applicable,
the
person's spouse or a member of
the person's
immediate family
has
made, within the current calendar year or any one of the
previous
three calendar years, one or more contributions totaling
in excess
of
one
hundred dollars to any person or entity included
in
division
(A)(2) of section
4503.033 of the Revised
Code. As
used
in this
division,
"immediate family" has the same
meaning as
in
division
(D) of section 102.01 of the Revised Code,
and
"entity"
includes
any political party and any
"continuing
association" as
defined
in division (B)(4) of section 3517.01 of
the Revised Code
or
"political action committee" as defined in
division (B)(8) of
that section that is primarily associated with
that political
party. For purposes of this division,
contributions to any
continuing association or any political
action committee that is
primarily associated with a political
party shall be aggregated
with contributions to that political
party.
The contribution limitations contained in this division do
not apply to any county auditor
or clerk of a court of common
pleas.
The registrar shall not contract with either of the
following
to act as a deputy registrar:
(1) Any elected public official other than a county
auditor
or, as authorized by division (A)(1)(b) of this section, a clerk
of a court of common pleas,
acting in
an
official
capacity;
(2) Any person holding a current, valid contract to
conduct
motor vehicle inspections under section 3704.14 of the
Revised
Code.
(C)(1) Except as provided in division (C)(2) of this
section,
deputy registrars are independent contractors and
neither
they nor
their employees are employees of this state,
except that
nothing
in this section shall affect the status of
county auditors
or
clerks of courts of common pleas as public
officials, nor the
status of their
employees as employees of any
of the counties of
this state,
which
are political subdivisions of
this state. Each
deputy
registrar
shall be responsible for the
payment of all
unemployment
compensation premiums, all workers'
compensation
premiums, social
security contributions, and any and
all taxes
for
which
the
deputy registrar is legally
responsible.
Each
deputy
registrar
shall comply with all
applicable federal,
state, and
local
laws
requiring the
withholding of income taxes or
other
taxes from the
compensation
of
the deputy registrar's
employees.
Each
deputy
registrar
shall maintain during the entire
term of
the
deputy
registrar's contract a policy of business
liability
insurance
satisfactory to the registrar and shall hold
the
department of
public safety,
the director of public safety,
the
bureau of motor
vehicles, and the registrar
harmless upon any
and
all claims for
damages arising out of the operation of
the
deputy
registrar
agency.
(2) For purposes of Chapter 4141. of the Revised Code,
determinations concerning the employment of deputy registrars and
their employees shall be made under Chapter 4141. of the Revised
Code.
(D)(1) With the approval of the director, the registrar
shall
adopt rules governing the terms of the contract between the
registrar and each deputy registrar and specifications for the
services to be performed. The rules shall include specifications
relating to the amount of bond to be given as provided in this
section; the size and location of the deputy's office;
and the
leasing
of equipment necessary to conduct the vision screenings
required
under section 4507.12 of the Revised Code and training
in
the use
of the equipment. The specifications shall permit and
encourage
every deputy registrar to inform the public of the
location of
the deputy registrar's office and hours of
operation
by means of
public service announcements and allow any
deputy
registrar to
advertise in regard to the operation of the
deputy
registrar's
office. The
rules also shall include
specifications
for the hours
the
deputy's office is to be open to
the public and
shall require
as
a minimum that one deputy's office
in each county
be open to
the
public for at least four hours each
weekend,
provided that if
only one deputy's office is located
within the
boundary of the
county seat, that office is the office
that shall
be open for the
four-hour period each weekend, and that
every
deputy's office in
each county shall be open to the public
until
six-thirty p.m. on
at least one weeknight each week. The
rules
also shall include
specifications providing that every
deputy in
each county, upon
request, provide any person with
information
about the location
and office hours of all deputy
registrars in
the county and that
every deputy
prominently display within
the
deputy's
office, the toll-free
telephone
number of the bureau.
The
rules shall not prohibit the
award of a
deputy registrar
contract
to a
nonprofit corporation
formed under
the laws of this
state.
The rules shall
prohibit any
deputy
registrar from
operating more
than one such
office at any
time,
except that the
rules may permit
a nonprofit
corporation
formed
for the purposes
of providing
automobile-related services
to its
members or the
public and that
provides such services from
more
than one location
in this state
to operate a deputy registrar
office at any such
location,
provided that the nonprofit
corporation operates no more
than one
deputy registrar office in
any one county. The rules may
include
such other specifications
as the registrar and director
consider
necessary to provide a high
level of service.
(2) With the prior approval of the registrar, each deputy
registrar may conduct at the location of the deputy registrar's
office any business that is consistent with the functions of a
deputy registrar and that is not specifically mandated or
authorized by this or another chapter of the Revised Code or by
implementing rules of the registrar.
(3) As used in this section and in section 4507.01 of the
Revised
Code,
"nonprofit corporation" has the same meaning as in
section
1702.01 of the Revised Code.
(E) Unless otherwise terminated and except for interim
contracts of less than one year, contracts with deputy registrars
shall be for a term of at least two years, but no more than three
years, and all contracts effective on or after July 1, 1996, shall
be for a term of more than two years, but not more than three
years. All contracts with deputy registrars shall expire on the
last Saturday of June in the year of their
expiration. The
auditor
of state may examine the accounts,
reports, systems, and
other
data of each deputy registrar at least
every two years.
The
registrar, with the approval of the director,
shall
immediately
remove a deputy who violates any provision of
the
Revised Code
related to
the duties as a deputy, any rule
adopted by the
registrar, or a term of
the deputy's contract
with
the
registrar.
The registrar also may remove a deputy who, in the
opinion of the
registrar, has engaged in any conduct that is
either unbecoming
to
one representing this state or is
inconsistent with the
efficient
operation of the deputy's office.
If the registrar, with the approval of the director,
determines that there is good cause to believe that a deputy
registrar or a person proposing for a deputy registrar contract
has engaged in any conduct that would require the denial or
termination of the deputy registrar contract, the registrar may
require the production of
books, records, and papers as
the
registrar determines are necessary, and may take the
depositions
of
witnesses residing within or outside the state in
the same
manner
as is prescribed by law for the taking of
depositions in
civil
actions in the court of common pleas, and for
that purpose
the
registrar may issue a subpoena for any witness or
a subpoena
duces tecum to compel the production of any books,
records, or
papers, directed to the sheriff of the county where
the witness
resides or is found. Such a subpoena shall be served
and
returned
in the same manner as a subpoena in a criminal case
is
served and
returned. The fees and mileage of the sheriff and
witnesses shall
be the same as that allowed in the court of
common
pleas in
criminal cases and. Witnesses shall be paid the fees and mileage
provided for under section 119.094 of the Revised Code. The fees
and mileage shall be paid from the fund in
the
state
treasury for
the use of the agency in the same manner
as
other
expenses of the
agency are paid.
In any case of disobedience or neglect of any subpoena
served
on any person or the refusal of any witness to testify to
any
matter regarding which
the witness lawfully may be
interrogated,
the court of common pleas of any county where the
disobedience,
neglect, or refusal occurs or any judge
of
that court, on
application
by the registrar, shall compel
obedience by attachment
proceedings for contempt, as in the case
of disobedience of the
requirements of a subpoena issued from
that court, or a refusal
to
testify
in that court.
Nothing in this division shall be construed to require a
hearing of any nature prior to the termination of any deputy
registrar contract by the registrar, with the approval of the
director, for cause.
(F) Except as provided in section 2743.03 of the Revised
Code, no court, other than the court of common pleas of Franklin
county, has jurisdiction of any action against the department of
public safety, the director, the bureau, or the registrar to
restrain the exercise of any power or authority, or to
entertain
any action for declaratory judgment, in the selection
and
appointment of, or contracting with, deputy registrars.
Neither
the department, the director, the bureau, nor the
registrar is
liable in any action at law for damages sustained by
any person
because of any acts of the department, the director,
the bureau,
or the registrar,
or of any employee of the
department or bureau,
in
the performance of
official duties in
the selection and
appointment of, and contracting with, deputy
registrars.
(G) The registrar shall assign to each deputy registrar a
series of numbers sufficient to supply the demand at all times in
the area the deputy registrar serves, and the registrar shall
keep
a record in
the registrar's office of the numbers
within the
series assigned. Each deputy shall be required to give bond in
the
amount of at least twenty-five thousand dollars, or in such
higher
amount as the registrar determines necessary, based on a
uniform
schedule of bond amounts established by the registrar and
determined by the volume of registrations handled by the deputy.
The form of the bond shall be prescribed by the registrar. The
bonds required of deputy registrars, in the discretion of the
registrar, may be individual or schedule bonds or may be included
in any blanket bond coverage carried by the department.
(H) Each deputy registrar shall keep a file of each
application received by
the deputy and shall register that
motor
vehicle with the name and address of
its owner.
(I) Upon request, a deputy registrar shall make the
physical
inspection of a motor vehicle and issue the physical
inspection
certificate required in section 4505.061 of the
Revised Code.
(J) Each deputy registrar shall file a report
semi-annually
with the registrar of motor vehicles listing the
number of
applicants for licenses
the deputy has served, the
number of
voter
registration applications
the deputy has
completed and
transmitted
to the board of elections, and the number of voter
registration
applications declined.
Sec. 4517.32. Subject to sections 119.01 to 119.12 of the
Revised Code, the motor vehicle dealers board may make such
reasonable rules as are necessary to carry out and effect
its
duties under this
chapter, including such rules as are
necessary
relating to the time, place, and manner of
conducting hearings on
the issuance, suspension, or revocation of
licenses, and on
protests filed under sections 4517.50, 4517.52,
4517.53, 4517.54,
and 4517.56 of the Revised Code. The board may
hear testimony in
matters relating to the duties imposed upon it
and the president
and the secretary of the board may administer
oaths. The board may
require any proof it considers advisable
and may require the
attendance of such witnesses and the
production of such books,
records, and papers as it desires at
any hearing before it or
relating to any matter that it has
authority to investigate. The
board may, through its secretary,
issue a subpoena for any
witness, or a subpoena duces tecum for
the production of any
books, records, and papers, directed to the
sheriff of the county
where such witness resides or is found,
which subpoena shall be
served and returned in the same manner as
a subpoena in a criminal
case.
The fees and mileage of the sheriff and witnesses shall be
the same as that allowed in the court of common pleas in criminal
cases and. Witnesses shall be paid the fees and mileage provided
for under section 119.094 of the Revised Code. The fees and
mileage shall be paid in the same manner as other expenses of
the
board.
Depositions of witnesses residing within or without the
state
may be taken by the board in the manner prescribed for like
depositions in civil actions in the court of common pleas. In
any
case of disobedience to or neglect of any subpoena served on
any
person, or the refusal of any witness to testify to any
matter
regarding which the witness may lawfully be interrogated, the
court of common pleas of any county where such disobedience,
neglect,
or refusal occurs, or any judge thereof on application of
the
secretary of the board, shall compel obedience by attachment
proceedings for contempt as in the case of disobedience of a
subpoena issued from such court or a refusal to testify therein.
Sec. 4701.29. (A) The accountancy board may
investigate
whether a person has violated any provision of this
chapter or
rule adopted under it before commencing a
disciplinary proceeding
pursuant to section 4701.16 of the
Revised Code or taking legal
action
pursuant to section 4701.18 of the
Revised Code. An
investigation under
this section is not subject to
Chapter 119. of
the
Revised Code.
The board may appoint a committee of board members or
staff
employed by the board to conduct an investigation.
notwithstanding any statute or rule to the contrary, a board
member who participates in an investigation may
participate
actively in any hearing or proceeding to the
same extent as a
board member who did not participate in the
investigation.
(B) During an
investigation, the board may administer oaths,
order the taking
of depositions, issue subpoenas, compel the
attendance and
testimony of a person at a deposition, and compel
the production
of any form of documentary evidence or record.
Subpoenas and
orders to compel under this section may be served by
a designee
of the board or by certified mail, return receipt
requested, to the residence
or place of
business of the
individual, professional association, firm, corporation,
partnership, sole
proprietorship, limited liability company, or
other business organization
named
in the subpoena or order.
(C)(1) Any witness who
appears in response to a subpoena of
the board may request, and
shall receive within a reasonable time
after making the request,
the fees and mileage provided for
witnesses in civil cases in
the courts of common pleas in this
state under section 119.094 of the Revised Code.
(2) If a person fails to comply with a subpoena or order
issued by the board under this section, the board may
apply to the
Franklin county
court of common pleas for an order compelling
compliance with
the board's subpoena or order. Upon application by
the board
and upon evidence of the person's failure to comply, the
court
shall compel the appearance of the persons or the production
of
the documents named in the board's subpoena or order in
accordance with the Rules of
Civil
Procedure. The court also may
issue any contempt citation and sanction the court deems
appropriate.
(D) The investigative
proceedings of the board under this
section are not a public
record under section 149.43 of the
Revised Code, are confidential, and are not
subject to
discovery
in
any civil or administrative action or proceeding.
Sec. 4723.29. In addition to the powers conferred upon the
board of nursing by Chapter 119. of the Revised Code, the board
may subpoena witnesses and require their attendance, require the
testimony of witnesses and require the production by witnesses of
books, papers, public records, and other documentary evidence,
and
examine them as it may require in relation to any matter
which it
has authority to investigate, inquire into, or hear.
A subpoena for patient record information shall be issued
only upon approval of the executive director of the board, and
the
president or another member of the board designated by the
president, in consultation with the office of the attorney
general. Before issuance of any such subpoena, the executive
director and the office of the attorney general shall determine
whether there is probable cause to believe that the complaint
filed alleges a violation of this chapter or any rule of the
board, that the records sought are relevant to the alleged
violation and material to the investigation, and that the records
cover a reasonable period of time surrounding the alleged
violation.
Upon failure to comply with any subpoena issued by the
board
and after reasonable notice to the person being subpoenaed,
the
board may move for an order compelling the production of
persons
or records pursuant to Ohio Rules of Civil Procedure.
Each officer who serves such subpoena shall receive the
same
fees as a sheriff, and each witness who appears, in
obedience to a
subpoena, before the board, shall receive the fees
and mileage
provided for witnesses in civil cases in courts of
common pleas
under section 119.094 of the Revised Code.
Sec. 4725.23. (A) The state board of optometry shall
investigate
evidence that appears to show that a person has
violated any provision of
sections 4725.01 to 4725.34 of the
Revised Code or any rule adopted under
those sections.
Investigations of alleged violations shall be supervised by the
member of the
board appointed by the board to act as the
supervising member of
investigations.
The supervising member
shall
not participate in the final vote that occurs in an
adjudication of the case.
(B) In investigating a possible violation, the board may
administer
oaths, order the taking of depositions, issue
subpoenas, and compel the
attendance of witnesses and production
of books, accounts, papers, records,
documents, and testimony. A
subpoena for patient record information shall not
be issued
without consultation with the attorney general's office and
approval
of the secretary of the board and the board's supervising
member of
investigations. Before issuance of a subpoena
for
patient record information, the secretary and supervising member
shall
determine whether there is probable cause to believe that
the complaint filed
alleges a violation of sections 4725.01 to
4725.34 of the Revised Code or any rule adopted
under those
sections and that the records sought are relevant to the alleged
violation and material to the investigation. The subpoena may
apply only to
records that cover a reasonable period of time
surrounding the alleged
violation.
On failure to comply with any subpoena
issued by the board
and after reasonable notice to the person
being subpoenaed, the
board may move for an order compelling the
production of persons
or records pursuant to the Rules of
Civil
Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the
board.
Service of a subpoena issued by the board may be
made by
delivering a copy of the subpoena to the
person named therein,
reading it to the person, or leaving it at
the person's usual
place of residence. When the person being
served is an optometrist
licensed under this chapter,
service of the subpoena may be
made
by certified mail,
restricted delivery, return receipt
requested,
and the subpoena
shall be deemed served on the date
delivery is
made or the date
the optometrist refuses to accept
delivery.
Each witness who
appears before the board in
obedience to a
subpoena shall receive the fees
and mileage provided for witnesses
in civil cases in the courts
of common pleas under section 119.094
of the Revised Code.
(C) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil
action.
The board shall conduct all investigations and proceedings
in
a manner that protects the
confidentiality of patients and persons
who file complaints with the
board. The
board shall not make
public the names or any other identifying
information about
patients or complainants unless proper consent is
given.
The board may
share any information it receives pursuant to
an investigation, including
patient records and patient record
information, with other licensing boards and governmental agencies
that are investigating alleged professional misconduct and with
law
enforcement agencies and other governmental
agencies that are
investigating or prosecuting alleged criminal offenses. A
board or
agency that receives the information shall comply with the same
requirements regarding confidentiality as those with which the
state
board of optometry must comply, notwithstanding any
conflicting provision
of the Revised Code or procedure
of the
board or agency that applies when the board or agency is dealing
with
other information in its possession. The information may
be
admitted into evidence in a criminal trial in accordance with
the
Rules of Evidence, but the court shall require
that appropriate
measures are taken to ensure that
confidentiality is maintained
with respect to any part of the information that
contains names or
other identifying information about persons
whose confidentiality
was protected by the state
board of optometry when the
information
was in the board's possession. Measures to ensure confidentiality
that may be taken by the court include sealing its records or
deleting
specific information
from its records.
Sec. 4728.05. (A) The superintendent of financial
institutions may,
either personally or
by a person whom the
superintendent appoints for the purpose,
if the superintendent
considers it advisable,
investigate
the business of every person
licensed as a precious metals dealer under
this chapter, and of
every
person, partnership, and corporation by whom or for which
any purchase is
made, whether the person, partnership, or
corporation acts, or
claims to act, as principal, agent, or
broker, or under, or
without the authority of this
chapter, and
for that purpose shall have free access to the books and
papers
thereof and other sources of information with regard to the
business of the licensee or person and whether the business has
been or is being transacted in accordance with this chapter. The
superintendent and every
examiner may
examine, under oath or
affirmation, any person whose testimony
may relate to any business
coming within this chapter.
(B) In making any investigation or conducting any hearing
pursuant to this section, the superintendent or a person
designated by the superintendent, at any time, may do any of
the
following:
(1) Compel by subpoena the attendance of witnesses;
(2) Take depositions of witnesses residing without the
state
in the manner provided for in civil actions;
(3) Pay witnesses the fees and mileage for their
attendance
provided for witnesses in civil actions under section 119.094 of
the Revised Code;
(4) Administer oaths;
(5) Compel by order or subpoena duces tecum the production
of
all relevant books, records, accounts, and other documents and
examine such books, records, accounts, and other documents.
(C) If a person fails to comply with a subpoena or
subpoena
duces tecum, the superintendent may apply to the court
of common
pleas of Franklin county for an order compelling the
person to
comply with the subpoena or subpoena duces tecum or,
for failure
to do so, an order holding the person in contempt of
court. The
superintendent, in accordance with section 4728.03 of
the Revised
Code, may suspend or revoke the license of any
precious metals
dealer who fails to comply with this division.
(D) In connection with any investigation under this
section,
the superintendent may file an action in the court of
common pleas
of Franklin county or the court of common pleas of
the county in
which the person who is the subject of the
investigation resides
to obtain an injunction, a temporary
restraining order, or other
appropriate relief, if it appears to
the superintendent that the
person is engaging in actions or
threatening to engage in actions
in violation of this chapter.
(E) If in an investigation under this section the
superintendent determines that a person not licensed under this
chapter, or an employee of that person, has been or is engaged or
is threatening to engage in activities for which a license is
required under this chapter, the superintendent may issue an
order
to that person requiring the person to show cause why
the person
should not be subject to licensure under this
chapter. If the
superintendent determines, after notice and a hearing conducted
in
accordance with Chapter 119. of the Revised Code, that a
person is
engaged in, or is threatening to engage in activities
that
constitute a violation of this chapter, the superintendent
may
issue a cease and desist order that describes the person and
activities that are subject to the order and may impose upon the
person a penalty of not less than one hundred nor more than ten
thousand dollars for a violation of this chapter. Any cease and
desist order and any penalty issued under this section are
enforceable in and may be appealed to a court of common pleas
pursuant to Chapter 119. of the Revised Code.
Sec. 4730.26. (A) The state medical board
shall investigate
evidence that appears to show that any person
has violated this
chapter or a rule adopted under it. In an investigation involving
the practice or supervision of a physician assistant pursuant to
the policies of a health care facility, the board may require that
the health care facility provide any information the board
considers necessary to identify either or both of the following:
(1) The facility's policies for the practice of physician
assistants within the facility;
(2) The services that the facility has authorized a
particular physician assistant to provide for the facility.
(B) Any person
may report to the
board in a signed writing
any information the
person has that
appears to show a violation of
any provision of
this chapter or
rule adopted under it. In the
absence of bad faith, a person
who
reports such information or
testifies before the board in an
adjudication conducted under
Chapter 119. of the Revised Code
shall not be liable for civil
damages as a
result of reporting the
information or providing
testimony. Each
complaint or allegation
of a violation received by
the board shall be assigned a case
number and be recorded by the
board.
(C) Investigations of alleged violations of this chapter or
rules adopted under it shall be supervised by the supervising
member elected by the board in accordance with section 4731.02 of
the Revised Code and by the secretary as provided
in section
4730.33 of the Revised Code. The
president may designate another
member of the board to supervise
the investigation in place of the
supervising member. A member
of the board who supervises the
investigation of a case shall
not participate in further
adjudication of the case.
(D) In investigating a possible violation of this chapter or
a rule adopted under it, the board may administer oaths, order
the
taking of depositions, issue subpoenas, and compel the
attendance
of witnesses and production of books, accounts,
papers, records,
documents, and testimony, except that a subpoena
for patient
record information shall not be issued without
consultation with
the attorney general's office and approval of
the secretary and
supervising member of the board. Before issuance of a
subpoena
for
patient record
information, the secretary and supervising
member
shall determine whether there is probable cause to
believe
that
the complaint filed alleges a violation of this
chapter or a
rule
adopted under it and that the records sought
are relevant to
the
alleged violation and material to the
investigation. The
subpoena
may apply only to records
that cover a reasonable period
of
time
surrounding the alleged violation.
On failure to comply
with any subpoena issued by the board
and after reasonable notice
to the person being subpoenaed, the
board may move for an order
compelling the production of persons
or records pursuant to the
Rules of Civil Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the
board.
Service of a
subpoena issued by the board may be made by
delivering a copy of the subpoena
to the person named therein,
reading it to the person, or leaving it at
the person's usual
place of residence. When the person being
served is a physician
assistant, service of the subpoena may be
made by certified mail,
restricted delivery, return receipt
requested, and the subpoena
shall be deemed served on the date
delivery is made or the date
the person refuses to accept
delivery.
A sheriff's deputy who serves a subpoena shall
receive the
same fees as a sheriff. Each
witness who appears before the board
in obedience to a subpoena shall receive
the fees and mileage
provided for witnesses in civil cases in the courts of
common
pleas under section 119.094 of the Revised Code.
(E) All hearings and investigations of the board shall be
considered civil actions for the purposes of section
2305.252 of
the Revised Code.
(F) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil
action.
The board shall conduct all investigations and
proceedings in
a manner that
protects the confidentiality of patients and persons
who file
complaints
with the board. The board shall not make
public the names
or any other identifying information about
patients or
complainants unless proper consent is given or, in the
case of a
patient, a waiver of the patient privilege exists under
division
(B) of section 2317.02 of the Revised
Code, except that
consent or a waiver is not required
if the board possesses
reliable and
substantial evidence that no
bona fide
physician-patient relationship exists.
The board may
share any information it receives pursuant to
an investigation, including
patient records and patient record
information, with law
enforcement agencies, other licensing
boards, and other
governmental
agencies that are prosecuting,
adjudicating, or investigating alleged
violations of statutes or
administrative rules. An agency
or board that receives the
information shall comply with the
same requirements regarding
confidentiality as those with which the state
medical board must
comply, notwithstanding any conflicting provision of the
Revised
Code or
procedure of the agency or board that applies when
it is
dealing with other information in its possession. In a judicial
proceeding, the information may
be admitted into evidence only in
accordance
with
the Rules of Evidence, but the court shall require
that appropriate measures are taken to ensure that confidentiality
is
maintained with respect to any part of the information that
contains names or
other identifying information about patients or
complainants whose
confidentiality was protected by the state
medical board when the information
was in the board's possession.
Measures to ensure confidentiality that may be
taken by the court
include sealing its records or deleting specific information from
its
records.
(G) The state medical board shall develop
requirements for
and provide appropriate initial and continuing
training for
investigators employed by the board to carry out its
duties under
this chapter. The training and continuing education
may include
enrollment in courses operated or approved by the
Ohio peace
officer training council that the board
considers appropriate
under conditions set forth in section
109.79 of the Revised Code.
(H) On a quarterly basis, the board shall
prepare a report
that documents the disposition of all cases
during the preceding
three months. The report shall contain the
following information
for each case with which the board has
completed its activities:
(1) The case number assigned to the complaint or
alleged
violation;
(2) The type of certificate, if any, held
by the
individual
against whom the complaint is directed;
(3) A description of the allegations contained in the
complaint;
(4) The disposition of the case.
The report shall state how many cases are still pending,
and
shall be prepared in a manner that
protects the identity
of each
person involved in each case. The report shall be
submitted to
the
physician assistant policy committee of the board
and is a
public
record for purposes of section 149.43 of the Revised
Code.
Sec. 4731.22. (A) The state medical board,
by an
affirmative
vote of not fewer than six of its members,
may revoke
or may
refuse to grant a certificate to a person found by the
board to
have committed fraud during the administration of the
examination
for a certificate to practice or to have
committed
fraud,
misrepresentation, or deception in applying for
or securing
any
certificate to practice or certificate of
registration issued
by
the board.
(B) The board, by an affirmative
vote of not fewer than
six
members, shall, to the extent permitted by law, limit,
revoke, or
suspend an individual's certificate to
practice, refuse to
register an individual, refuse
to reinstate a certificate, or
reprimand or place on
probation the
holder of a certificate for
one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice
or
certificate of
registration to be used by a person, group, or
corporation when
the individual concerned is not actually
directing the treatment
given;
(2) Failure to maintain
minimal standards applicable to the
selection or administration of drugs, or failure to employ
acceptable
scientific methods in the selection of drugs or other
modalities
for treatment of disease;
(3) Selling, giving away, personally furnishing,
prescribing,
or
administering drugs for other than legal and
legitimate
therapeutic purposes
or a plea of guilty to, a judicial
finding of
guilt of, or a
judicial finding of eligibility for
intervention in
lieu of conviction
of, a violation of any federal
or state law
regulating the possession,
distribution, or use of
any drug;
(4) Willfully betraying a professional confidence.
For purposes of this division, "willfully betraying a
professional
confidence" does not include providing any
information, documents, or reports
to a child fatality review
board under sections 307.621 to 307.629 of the
Revised Code and
does not include the making of a report of an
employee's use of a
drug of abuse, or a report of a condition of
an employee other
than one involving the use of a drug of abuse,
to the employer of
the employee as described in division (B) of
section 2305.33 of
the Revised Code.
Nothing in this division
affects the immunity
from
civil liability conferred by that section upon a physician
who
makes either type of report in accordance with division (B) of
that section. As used in this division, "employee," "employer,"
and "physician" have the same meanings as in section 2305.33 of
the Revised Code.
(5) Making a false, fraudulent,
deceptive, or misleading
statement
in the solicitation of or advertising
for patients; in
relation
to the practice of medicine and surgery, osteopathic
medicine
and surgery, podiatric medicine and surgery, or a
limited
branch of medicine;
or in securing or attempting to secure
any
certificate
to practice or certificate of registration issued
by
the board.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive
because
of a failure to disclose material facts, is intended or
is likely
to create false or unjustified expectations of
favorable results,
or includes representations or implications
that in reasonable
probability will cause an ordinarily prudent
person to
misunderstand or be deceived.
(6) A departure from, or the failure to conform to,
minimal
standards of care of similar practitioners under the same
or
similar circumstances, whether or not actual injury to a
patient
is established;
(7) Representing, with the purpose of obtaining
compensation
or other advantage as personal gain or for
any other
person, that
an incurable disease or injury, or other incurable
condition, can
be permanently cured;
(8) The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course
of practice;
(9) A plea of guilty to, a judicial finding of guilt
of, or
a
judicial finding of eligibility for
intervention in lieu of
conviction for, a felony;
(10) Commission of an act that constitutes a felony in
this
state, regardless of the jurisdiction in which the act was
committed;
(11) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(12) Commission of an act in the course of practice that
constitutes a
misdemeanor
in this state, regardless of the
jurisdiction in which the act was
committed;
(13) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act involving moral turpitude that
constitutes a
misdemeanor
in this state, regardless of the
jurisdiction in which the act was
committed;
(15) Violation of the conditions of limitation placed by
the
board upon a certificate to practice;
(16) Failure to pay license renewal fees specified in this
chapter;
(17) Except as authorized in section 4731.31 of the Revised
Code,
engaging in the division of fees
for referral of patients,
or the
receiving of a thing of value in return for a specific
referral of a patient
to utilize a particular service or business;
(18) Subject to section 4731.226 of the Revised Code,
violation of
any provision of a code of ethics
of the American
medical association, the American osteopathic
association, the
American podiatric medical association, or any
other national
professional organizations that
the board specifies by
rule. The
state medical board shall
obtain and keep on file current copies
of the codes of ethics of
the various national professional
organizations. The
individual whose certificate is being
suspended
or
revoked
shall not be found to have violated any
provision of a
code of
ethics of an organization not appropriate
to the
individual's profession.
For purposes of this division, a "provision of a code
of
ethics of a national professional organization" does not
include
any provision that would preclude the making of a
report by a
physician of an employee's use of a drug of abuse, or
of a
condition of an employee other than one involving the use of
a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing
in
this division affects the
immunity from civil liability conferred
by that section upon a
physician who makes either type of report
in accordance with
division (B) of that section. As used in this
division,
"employee," "employer," and "physician" have the same
meanings as
in section 2305.33 of the Revised Code.
(19) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including, but not limited to, physical
deterioration that adversely affects cognitive, motor, or
perceptive skills.
In enforcing this division, the board, upon a
showing of a
possible violation, may compel any individual
authorized to
practice by this chapter or
who has
submitted an application
pursuant to this chapter
to submit to a mental examination,
physical
examination, including an HIV test, or both a mental
and
a physical
examination. The expense of the
examination is the
responsibility of the individual compelled to be
examined.
Failure
to submit to a mental or physical examination
or consent
to an HIV
test ordered by the board
constitutes an admission of
the
allegations against the
individual
unless the failure is due
to
circumstances beyond the individual's control,
and a default
and
final order may be entered without the taking
of testimony or
presentation of evidence. If the board finds an
individual unable
to practice because of the reasons
set forth in
this division, the
board shall require the individual
to submit to
care, counseling,
or treatment by physicians approved or
designated by the board, as
a condition for initial, continued,
reinstated, or renewed
authority to practice. An
individual
affected under this division
shall be
afforded an opportunity to demonstrate to the board the
ability to
resume practice in compliance with acceptable and
prevailing
standards under the provisions of the individual's
certificate.
For the
purpose of this division, any individual who
applies for or receives a certificate to
practice under this
chapter accepts the privilege of
practicing in
this state and, by
so doing, shall be
deemed to have given consent to submit to a
mental or
physical examination when directed to do so in writing
by the
board, and to have waived all objections to the
admissibility of
testimony or examination reports that constitute
a privileged
communication.
(20) Except when civil penalties are imposed under section
4731.225
or 4731.281 of the Revised Code, and subject to section
4731.226 of the Revised Code, violating or
attempting to violate,
directly or indirectly, or assisting in or
abetting the violation
of, or conspiring to violate, any
provisions of this chapter or
any rule promulgated by the board.
This division does not apply to a violation or attempted
violation of, assisting in or abetting the violation of, or a
conspiracy to violate, any provision of this chapter or any rule
adopted by the board that would preclude the making
of a
report by
a physician of an employee's use of a drug of abuse, or
of a
condition of an employee other than one involving the use of
a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing
in
this division affects the
immunity from civil liability conferred
by that section upon a
physician who makes either type of report
in accordance with
division (B) of that section. As used in this
division,
"employee," "employer," and "physician" have the same
meanings as
in section 2305.33 of the Revised Code.
(21) The violation of section 3701.79 of the Revised Code or
of any abortion rule adopted by the
public health council pursuant
to section 3701.341 of the Revised
Code;
(22) Any of the following actions taken by the agency
responsible for regulating the practice of medicine and surgery,
osteopathic
medicine and surgery, podiatric medicine and surgery,
or the limited branches of medicine in
another jurisdiction, for
any reason other than the
nonpayment of fees: the
limitation,
revocation, or suspension of an individual's license
to practice;
acceptance of an
individual's license surrender; denial of a
license; refusal to
renew or reinstate
a license; imposition of
probation; or
issuance of an order of censure or other reprimand;
(23) The violation of section 2919.12 of the Revised Code
or
the performance or inducement of an abortion upon a pregnant
woman
with actual knowledge that the conditions specified in
division
(B) of section 2317.56 of the Revised Code have not been
satisfied
or with a heedless indifference as to whether those
conditions
have been satisfied, unless an affirmative defense as
specified in
division (H)(2) of that section would apply in a
civil action
authorized by division (H)(1) of that section;
(24) The revocation, suspension, restriction, reduction,
or
termination of clinical privileges by the United
States department
of
defense or department of veterans
affairs or the termination or
suspension of a certificate of
registration to prescribe drugs by
the drug enforcement
administration of the United States
department of
justice;
(25) Termination or suspension from participation in the
medicare or
medicaid
programs by the department of health and
human services or other
responsible agency for any act or acts
that also would
constitute a violation of division (B)(2), (3),
(6), (8), or (19)
of this section;
(26) Impairment of ability to practice according to
acceptable and prevailing standards of care because of habitual
or
excessive use or abuse of drugs, alcohol, or other substances
that
impair ability to practice.
For the purposes of this division, any individual authorized
to practice
by this chapter accepts
the privilege of
practicing in
this state subject to supervision by the board. By
filing an
application for or
holding a
certificate to practice under this
chapter, an
individual shall
be deemed to have given consent to
submit to a mental or
physical examination when ordered to do so
by the board in
writing, and to have waived all objections to the
admissibility
of testimony or examination reports that constitute
privileged
communications.
If it has reason to believe that any individual authorized to
practice by
this chapter or any applicant for
certification to
practice suffers such impairment, the board may compel
the
individual to submit to a mental or physical examination, or
both.
The expense of the examination is the
responsibility of the
individual
compelled to be examined. Any
mental or physical
examination required under this division shall
be undertaken by a
treatment provider or physician who is qualified to
conduct the
examination and who is chosen by the
board.
Failure to submit to a mental or physical
examination ordered
by the board constitutes an admission of the
allegations against
the individual unless the failure is due to
circumstances beyond
the individual's control, and a default and
final order may be
entered without the taking of testimony or
presentation of
evidence. If the board determines that the
individual's ability
to
practice is impaired, the board shall
suspend the individual's
certificate or deny the
individual's application and shall require
the individual, as a condition for initial, continued,
reinstated,
or renewed certification to practice, to
submit to treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the
impaired
practitioner shall
demonstrate to the board the ability
to resume
practice in
compliance with acceptable and prevailing standards of
care under
the provisions of the practitioner's certificate. The
demonstration shall
include, but shall not be limited to, the
following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the
individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an
aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing
standards of care. The reports shall be made by
individuals or
providers approved by the board for making the
assessments and
shall describe the basis for their determination.
The board may reinstate a certificate suspended under
this
division after that demonstration and after the individual has
entered into a written consent agreement.
When the impaired practitioner resumes practice, the board
shall
require continued
monitoring of the individual. The
monitoring shall include, but not be
limited to, compliance with
the written consent agreement entered
into before reinstatement or
with conditions imposed by board
order after a hearing, and, upon
termination of the consent
agreement, submission to the board for
at least two years of
annual written progress reports made under
penalty of perjury
stating whether the individual has maintained
sobriety.
(27) A second or subsequent violation of section 4731.66
or
4731.69 of the Revised Code;
(28) Except as provided in division (N) of this section:
(a) Waiving the payment of all or any part of a
deductible
or
copayment that a patient, pursuant to a health
insurance or
health
care policy, contract, or plan that covers
the individual's
services, otherwise would be
required
to pay if the waiver is used
as an enticement to a patient or group of
patients to receive
health care services from that
individual;
(b) Advertising that the individual will waive the
payment
of
all or
any part of a deductible or copayment that a patient,
pursuant to
a health insurance or health care policy, contract, or
plan that
covers the individual's services, otherwise would
be
required to pay.
(29) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051
of
the Revised Code;
(30) Failure to provide notice to, and receive
acknowledgment
of the
notice from, a patient when required by
section 4731.143 of
the Revised Code
prior to providing
nonemergency professional
services, or failure to maintain
that
notice in the patient's
file;
(31) Failure of a physician supervising a physician
assistant
to
maintain supervision in accordance with the
requirements of
Chapter
4730. of the Revised Code and the rules
adopted under that
chapter;
(32) Failure of a physician or podiatrist to enter into a
standard care
arrangement with a clinical nurse specialist,
certified nurse-midwife, or
certified nurse practitioner with whom
the physician or podiatrist is in
collaboration pursuant to
section 4731.27 of the Revised Code
or failure to fulfill the
responsibilities of collaboration after entering
into a standard
care arrangement;
(33) Failure to comply with the terms of a consult agreement
entered into with a pharmacist pursuant to section 4729.39 of the
Revised Code;
(34) Failure to cooperate in an investigation conducted by
the board under division (F) of this section, including
failure to
comply with a subpoena or order issued by the board
or failure to
answer truthfully a question presented by the
board at a
deposition or in written interrogatories, except that
failure to
cooperate with an investigation shall not constitute
grounds for
discipline under this section if a court of
competent jurisdiction
has issued an order that either quashes a
subpoena or permits the
individual to withhold the testimony or
evidence in issue;
(35) Failure to supervise an acupuncturist in accordance
with
Chapter 4762. of the Revised Code and the board's rules for
supervision of an
acupuncturist;
(36) Failure to supervise an anesthesiologist assistant in
accordance with
Chapter 4760. of the Revised Code and the board's
rules for supervision of an
anesthesiologist assistant;
(37) Assisting suicide as defined in section 3795.01 of the
Revised Code;
(38) Failure to comply with the requirements of section
2317.561 of the Revised Code.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an
adjudication, the board may enter into a consent
agreement with an
individual to resolve an allegation of a
violation of this chapter or any rule
adopted under it. A consent
agreement, when ratified by an
affirmative vote of not fewer than
six members of the board,
shall constitute the findings and order
of the board with
respect to the matter addressed in the
agreement. If the board
refuses to ratify a consent agreement,
the
admissions and
findings contained in the consent agreement
shall
be of no force
or effect.
If the board takes disciplinary action against an individual
under division (B) of this section for a second or subsequent plea
of guilty to, or judicial finding of guilt of, a violation of
section 2919.123 of the Revised Code, the disciplinary action
shall consist of a suspension of the individual's certificate to
practice for a period of at least one year or, if determined
appropriate by the board, a more serious sanction involving the
individual's certificate to practice. Any consent agreement
entered into under this division with an individual that pertains
to a second or subsequent plea of guilty to, or judicial finding
of guilt of, a violation of that section shall provide for a
suspension of the individual's certificate to practice for a
period of at least one year or, if determined appropriate by the
board, a more serious sanction involving the individual's
certificate to practice.
(D) For purposes of divisions (B)(10), (12), and (14) of
this
section, the commission of the act may be established by a
finding
by the board, pursuant to an adjudication under
Chapter
119. of
the Revised Code, that the individual committed the act.
The board
does not have jurisdiction under those divisions if
the
trial
court renders a final judgment in the individual's favor and
that
judgment is based upon an
adjudication on
the merits. The
board
has jurisdiction under those
divisions if the trial court
issues
an order of
dismissal upon technical or procedural grounds.
(E) The sealing of conviction records by any court shall
have
no effect upon a prior board order entered under this section
or
upon the board's jurisdiction to take action under this section
if,
based upon a plea of guilty,
a judicial finding of guilt, or a
judicial finding of eligibility for intervention in
lieu of
conviction, the board issued a notice of opportunity for
a hearing
prior to the court's order to seal the records. The
board shall
not be required to seal, destroy, redact, or
otherwise modify its
records to reflect the court's sealing of
conviction records.
(F)(1) The board shall investigate evidence that appears
to
show that a person has violated any provision of this
chapter or
any rule adopted under it. Any person may report to the board
in
a
signed writing
any information that the person may have that
appears to show a
violation of any provision of this chapter or
any rule
adopted under it. In the absence of bad
faith, any
person
who reports information of that nature or who testifies
before the
board in any adjudication conducted under
Chapter 119.
of the
Revised Code shall not be liable
in damages in a civil
action as a
result of the report or
testimony. Each
complaint or
allegation of
a violation received by the
board shall be assigned
a case number
and shall be recorded by
the board.
(2) Investigations of alleged violations of this chapter or
any rule
adopted under it shall
be supervised by the supervising
member elected by the board in
accordance with section 4731.02 of
the Revised Code and by the
secretary as provided in section
4731.39 of the Revised Code. The president
may designate another
member of the board to
supervise the investigation in place of the
supervising member. No member of
the board who supervises the
investigation of a case
shall participate in further adjudication
of the case.
(3) In investigating a possible violation of
this chapter or
any rule adopted
under this chapter, the board
may administer
oaths, order the taking of depositions, issue
subpoenas, and
compel the attendance of witnesses and production
of books,
accounts, papers, records, documents, and testimony, except
that a
subpoena for patient record information shall not be issued
without
consultation with the attorney general's office and
approval of
the secretary and supervising member
of the board.
Before issuance of a
subpoena for patient record information, the
secretary and supervising member shall
determine
whether there is
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that
the records
sought are relevant
to the alleged violation and
material to the investigation.
The subpoena may apply only to
records that cover a
reasonable period of time surrounding the
alleged violation.
On failure to comply with any subpoena
issued by the board
and after reasonable notice to the person
being subpoenaed, the
board may move for an order compelling the
production of persons
or records pursuant to the Rules of Civil
Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the
board.
Service of a subpoena issued by the board may be
made by
delivering a copy of the subpoena to the
person named therein,
reading it to the person, or leaving it at
the person's usual
place of residence. When the person being
served is a person
whose
practice is authorized by this chapter,
service of the
subpoena
may be made by certified mail,
restricted delivery,
return receipt
requested, and the subpoena
shall be deemed served
on the date
delivery is made or the date
the person refuses to
accept
delivery.
A sheriff's deputy who serves a subpoena shall receive the
same fees as a
sheriff. Each witness who
appears before the board
in
obedience to a subpoena shall receive the fees
and mileage
provided for witnesses in civil cases in the courts
of common
pleas under section 119.094 of the Revised Code.
(4) All hearings and investigations of the board shall be
considered civil actions for the purposes of section 2305.252 of
the Revised Code.
(5) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil
action.
The board shall conduct all investigations and proceedings
in
a manner that protects the
confidentiality of patients and persons
who file complaints with the
board. The
board shall not make
public the names or any other identifying
information about
patients or complainants unless proper consent is
given or, in the
case of a patient, a
waiver of the patient privilege exists under
division (B) of
section 2317.02 of the Revised Code, except that
consent
or a waiver of that nature is not required if the board
possesses reliable and
substantial evidence that no bona fide
physician-patient
relationship exists.
The board may
share any information it receives pursuant to
an investigation, including
patient records and patient record
information, with law
enforcement agencies, other licensing
boards, and other
governmental
agencies that are prosecuting,
adjudicating, or investigating alleged
violations of statutes or
administrative rules. An agency
or board that receives the
information shall comply with the same
requirements regarding
confidentiality as those with which the state medical
board must
comply, notwithstanding any conflicting provision
of the Revised
Code or procedure
of the agency or board that applies when it is
dealing with
other information in its possession. In a judicial
proceeding,
the information
may
be admitted into evidence only in
accordance with
the Rules of Evidence, but the court shall require
that appropriate measures are taken to ensure that
confidentiality
is maintained with respect to any part of the information that
contains names or other identifying information about patients or
complainants
whose confidentiality was protected by the state
medical board when the
information was in the board's possession.
Measures to ensure confidentiality
that may be taken by the court
include sealing its records or deleting
specific information
from
its records.
(6) On a quarterly basis, the board shall prepare a report
that documents the disposition of all cases during the preceding
three months. The report shall contain the following information
for each case with which the board has completed its activities:
(a) The case number assigned to the complaint or alleged
violation;
(b) The type of certificate to practice, if
any, held by the
individual against whom the complaint is
directed;
(c) A description of the allegations contained in the
complaint;
(d) The disposition of the case.
The report shall state how many cases are still pending
and
shall be prepared in a manner that
protects the identity
of each
person involved in each case. The report shall be a
public record
under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that
there is clear and convincing evidence that
an individual has
violated division (B) of this section and that the
individual's
continued practice presents a
danger of
immediate and serious harm
to the public, they may recommend that
the board suspend the
individual's
certificate to practice without a
prior hearing.
Written allegations shall be prepared for consideration by the
board.
The board, upon review of those allegations and by an
affirmative vote
of not fewer than six of its members, excluding
the secretary and
supervising member, may suspend a certificate
without a prior
hearing. A telephone conference call may be
utilized for
reviewing the allegations and taking the vote on the
summary suspension.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be subject to
suspension
by
the court during pendency of any appeal filed under section
119.12
of the Revised Code. If the individual
subject to the summary
suspension requests
an adjudicatory hearing by the board, the date
set for the
hearing shall be within fifteen days, but not earlier
than seven
days, after the individual
requests the hearing,
unless
otherwise agreed to by both the board and the individual.
Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to this section
and Chapter 119. of the Revised Code becomes effective. The
board
shall issue its final adjudicative order within seventy-five
days
after
completion of its hearing. A failure to issue the order
within
seventy-five days shall result in dissolution of the
summary
suspension
order but shall not invalidate any subsequent,
final
adjudicative
order.
(H) If the board takes action under division
(B)(9), (11),
or
(13) of this section and the judicial
finding of guilt, guilty
plea, or judicial finding of
eligibility for intervention in lieu
of conviction is
overturned on appeal,
upon
exhaustion of the
criminal appeal, a petition for reconsideration
of the order may
be filed with the board along with appropriate
court documents.
Upon receipt of a petition of that
nature and supporting court
documents, the board shall reinstate the
individual's certificate
to practice. The
board may then hold an adjudication under
Chapter
119. of the Revised Code to
determine whether the
individual
committed
the act in question. Notice of an
opportunity for a
hearing
shall be given in accordance with
Chapter 119. of the
Revised Code. If the
board finds, pursuant to
an adjudication held
under this division,
that the individual
committed
the act or if
no hearing is requested, the board may
order any of the sanctions
identified under division (B) of this
section.
(I) The certificate to practice issued to an individual
under
this chapter and the individual's practice in this
state are
automatically suspended as of the date of the individual's second
or subsequent plea of guilty to, or judicial finding of guilt of,
a violation of section 2919.123 of the Revised Code, or the date
the individual pleads
guilty to, is found by a judge
or jury to be
guilty of, or is
subject to a judicial
finding of eligibility for
intervention in
lieu of conviction in this state
or treatment or
intervention in
lieu of conviction in another
jurisdiction for
any
of the
following
criminal offenses in this state or a
substantially
equivalent criminal offense in another jurisdiction:
aggravated
murder, murder, voluntary
manslaughter, felonious
assault,
kidnapping, rape, sexual
battery, gross sexual
imposition,
aggravated arson, aggravated
robbery, or aggravated
burglary.
Continued
practice after suspension shall be considered
practicing
without a certificate.
The board shall notify the
individual subject to the
suspension by certified mail or in person in
accordance with
section 119.07 of the Revised Code. If an
individual whose
certificate is automatically suspended under this
division fails
to make a
timely request for an adjudication under
Chapter 119. of
the
Revised Code,
the board shall do whichever of the
following is
applicable:
(1) If the automatic suspension under this division is for a
second or subsequent plea of guilty to, or judicial finding of
guilt of, a violation of section 2919.123 of the Revised Code, the
board shall enter an order suspending the individual's certificate
to practice for a period of at least one year or, if determined
appropriate by the board, imposing a more serious sanction
involving the individual's certificate to practice.
(2) In all circumstances in which division (I)(1) of this
section does not
apply, enter a final order permanently
revoking
the
individual's certificate to practice.
(J) If the board is required by
Chapter 119. of the Revised
Code to give notice of an
opportunity for a hearing and if the
individual subject to the notice
does not timely request a
hearing
in accordance with section
119.07 of the Revised Code, the board
is not required
to hold a hearing, but may adopt, by an
affirmative vote of
not fewer than
six of its members, a final
order that contains the board's
findings. In that final order,
the
board may order any of the
sanctions identified under division
(A)
or (B) of this section.
(K) Any action taken by the board under division (B) of
this
section resulting in a suspension from practice shall be
accompanied by a written statement of the conditions under which
the individual's certificate to practice may be
reinstated. The
board
shall adopt rules governing conditions to be imposed for
reinstatement. Reinstatement of a certificate suspended pursuant
to division (B) of this section requires an affirmative vote of
not fewer than six members of the board.
(L) When the board
refuses to grant a certificate to an
applicant,
revokes an individual's
certificate to practice,
refuses to register an applicant, or
refuses to reinstate an
individual's certificate to practice,
the board may specify that
its action is permanent. An
individual subject to a permanent
action taken by the board is
forever thereafter ineligible to hold
a certificate to practice
and the board shall not accept an
application for reinstatement of the
certificate or for issuance
of a new certificate.
(M) Notwithstanding any other provision of the Revised
Code,
all of the following apply:
(1) The surrender of a certificate issued under this
chapter
shall not be effective
unless or until accepted by the board.
Reinstatement of a
certificate surrendered to the board requires
an affirmative vote
of not fewer than six members of the board.
(2) An application for a certificate made
under the
provisions of this chapter
may not be withdrawn without approval
of the board.
(3) Failure by an individual to renew a certificate
of
registration in accordance with this chapter shall not remove or
limit the
board's
jurisdiction to take any disciplinary action
under this section
against the individual.
(N) Sanctions shall not be imposed under division
(B)(28) of
this section against any person who
waives deductibles and
copayments as follows:
(1) In compliance with the health benefit plan that
expressly
allows such a practice. Waiver of the deductibles or
copayments
shall be made only with the full knowledge and consent
of
the plan
purchaser, payer, and third-party administrator.
Documentation of
the consent shall be made available to the board
upon request.
(2) For professional services rendered to any other person
authorized to practice pursuant to this chapter,
to the extent
allowed by this
chapter and rules adopted by the board.
(O) Under the board's investigative duties described in
this
section and subject to division (F) of this section, the
board
shall
develop and implement a quality intervention program
designed to improve
through remedial
education the clinical and
communication skills of individuals authorized
under this chapter
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatric medicine and surgery. In
developing and
implementing the quality intervention program, the board may do
all of the following:
(1) Offer in appropriate cases as determined by the board an
educational
and assessment program pursuant to an investigation
the
board conducts under this section;
(2) Select providers of educational and assessment services,
including a
quality intervention program panel of case reviewers;
(3) Make referrals to educational and
assessment service
providers and
approve individual educational programs recommended
by those providers. The
board shall monitor the progress of each
individual
undertaking a recommended individual educational
program.
(4) Determine what constitutes successful completion of an
individual educational program and require further monitoring of
the
individual who completed the program or other
action that the
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the
Revised Code to
further
implement the quality intervention
program.
An individual who participates in an individual
educational
program pursuant
to this division shall pay the financial
obligations arising from that
educational program.
Sec. 4735.04. The Ohio real estate commission or the
superintendent of real estate may compel, by order or subpoena,
the attendance of witnesses to testify in relation to any matter
over which the commission or superintendent has jurisdiction and
which is the subject of inquiry and investigation by the
commission or superintendent, and require the production of any
book, paper, or document pertaining to such matter. For such
purpose, the commission or superintendent shall have the same
power as judges of county courts to administer oaths, compel the
attendance of witnesses, and punish them for refusal to testify.
Service of the subpoena may be made by sheriffs or constables, or
by certified mail, return receipt requested, and the subpoena
shall be deemed served on the date delivery is made or the date
the person refused to accept delivery. Witnesses shall receive,
after their
appearance before the commission or superintendent,
the fees and
mileage allowed in civil actions in courts of common
pleas provided for under section 119.094 of the Revised Code. If
two or more witnesses travel together in the same vehicle, the
mileage fee shall be paid to only one of those witnesses, but the
witnesses may agree to divide the fee among themselves in any
manner.
In addition to the powers granted to the commission and
superintendent under this section, in case any person fails to
file any statement or report, obey any subpoena, give testimony,
answer questions, or produce any books, records, or papers as
required by the commission or superintendent under this chapter,
the court of common pleas of any county in the state, upon
application made to it by the commission or superintendent
setting
forth such failure, may make an order awarding process of
subpoena
or subpoena duces tecum for the person to appear and
testify
before the commission or superintendent, and may order
any person
to give testimony and answer questions, and to produce
books,
records, or papers, as required by the commission or
superintendent. Upon the filing of such order in the office of
the
clerk of the court of common pleas, the clerk, under the seal
of
the court, shall issue process of subpoena for the person to
appear before the commission or superintendent at a time and
place
named in the subpoena, and each day thereafter until the
examination of such person is completed. The subpoena may
contain
a direction that the witness bring with the witness
to the
examination any books, records, or papers mentioned in the
subpoena. The clerk shall also issue, under the seal of the
court,
such other orders, in reference to the examination,
appearance,
and production of books, records, or papers, as the
court directs.
If any person so summoned by subpoena fails to
obey the subpoena,
to give testimony, to answer questions as
required, or to obey an
order of the court, the court, on motion
supported by proof, may
order an attachment for contempt to be
issued against the person
charged with disobedience of any order
or injunction issued by the
court under this chapter. If the
person is brought before the
court by virtue of the attachment,
and if upon a hearing the
disobedience appears, the court may
order the offender to be
committed and kept in close custody.
Sec. 4738.11. (A) The motor vehicle salvage dealer's
licensing board shall adopt rules prescribing the physical
characteristics of facilities used by motor vehicle salvage
dealers, salvage motor vehicle auctions, and salvage motor
vehicle
pools, which shall include requirements for fencing or
otherwise
screening the view of the facilities to at least the
extent
required for junkyards by sections 4737.07 and 4737.09 of
the
Revised Code. Such rules shall be consistent with the
standards
adopted by the director of transportation pursuant to
the "Highway
Beautification Act of 1965," 79 Stat. 1030, 23
U.S.C.A. 361, as
amended. Enforcement of the screening
regulations of this division
shall be subject to approval,
supervision, and action of the
director of transportation. The
director may enforce the screening
regulations of this section if
he considers that such regulations
are not adequately enforced.
(B) The board may make such other reasonable rules as are
necessary to carry out and effect sections 4738.01 to 4738.12 of
the Revised Code, and further rules as are necessary relating to
the time, place, and manner of conducting hearings on the
issuance, suspension, or revocation of licenses. The board may
hear testimony in matters relating to the duties imposed upon it
and the president and the secretary of the board may administer
oaths. The board may require any proof it deems advisable and
may
require the attendance of witnesses and the production of
books,
records, and papers as it desires at any hearing before it
or
relating to any matter which it has authority to investigate.
The
board may, through its secretary, issue a subpoena for any
witness, or a subpoena duces tecum for the production of any
books, records, and papers, directed to the sheriff of the county
where a witness resides or is found, which subpoena shall be
served and returned in the same manner as a subpoena in a
criminal
case.
The fees and mileage of the sheriff and witnesses shall be
the same as that allowed in the court of common pleas in criminal
cases and. Witnesses shall be paid the fees and mileage provided
for under section 119.094 of the Revised Code. The fees and
mileage shall be paid in the same manner as other expenses of
the
board.
Depositions of witnesses residing within or without the
state
may be taken by the board in the manner prescribed for like
depositions in civil actions in the court of common pleas. In
any
case of disobedience to or neglect of any subpoena served on
any
person, or the refusal of any witness to testify to any
matter
regarding which he may lawfully be interrogated, the court
of
common pleas of any county where disobedience, neglect, or
refusal
occurs, or any judge thereof on application of the
secretary of
the board, shall compel obedience by attachment
proceedings for
contempt as in the case of disobedience of a
subpoena issued from
the court or a refusal to testify therein.
Sec. 4741.03. (A) The state veterinary medical licensing
board shall meet at least once in each calendar year and may hold
additional meetings as often as it considers necessary to conduct
the business of the board. The president of the board may call
special meetings, and the executive director shall call special
meetings upon the written request of three members of the board.
The board shall organize by electing a president and
vice-president from its veterinarian members and such other
officers as the board prescribes by rule. Each officer shall
serve
for a term specified by board rule or until a successor is
elected
and qualified. A quorum of the board consists of four
members of
which at least three are members who are
veterinarians. The
concurrence of four members is necessary for
the board to take any
action.
(B) The board may appoint a person, not one of its
members,
to serve as its executive director. The executive
director is in
the unclassified service and serves at the
pleasure of the board.
The executive director shall serve as
the board's
secretary-treasurer ex officio. The board may employ
additional
employees for professional, technical, clerical, and
special work
as it considers necessary. The executive director
shall give a
surety bond to the state in the sum the board
requires,
conditioned upon the faithful performance of the
executive
director's duties. The board shall pay the cost of
the bond. The
executive director shall keep a complete
accounting of all funds
received and of all vouchers presented by
the board to the
director of budget and management for the
disbursement of funds.
The president or executive director
shall approve all vouchers of
the board. All money
received by the
board shall be credited to
the occupational licensing and
regulatory fund.
(C) In addition to any other duty required under this
chapter, the board shall do all of the following:
(1) Prescribe a seal;
(2) Accept and review applications for admission to an
examination in accordance with section 4741.09 of the Revised Code
and review the results of examinations taken by applicants in
accordance with rules adopted by the board.
(3) Keep a record of all of its meetings and proceedings;
(4) Maintain a register that records all applicants for a
certificate of license or a temporary permit, all persons who
have
been denied a license or permit, all persons who have been
granted
or reissued a license or permit, and all persons whose
license or
permit has been revoked or suspended. The register
shall also
include a record of persons licensed prior to October
17, 1975.
(5) Maintain a register, in such form as the board
determines
by rule, of all colleges and universities that teach
veterinary
medicine and veterinary technology that are approved by the board;
(6) Enforce this chapter, and for that purpose, make
investigations relative as provided in section 4741.26 of the
Revised Code;
(7) Issue licenses and permits to persons who meet the
qualifications set forth in this chapter;
(8) Approve colleges and universities which meet the
board's
requirements for veterinary medicine and associated
fields of
study and withdraw or deny, after an adjudication
conducted in
accordance with Chapter 119. of the Revised Code,
approval from
colleges and universities which fail to meet those
requirements;
(9) Adopt rules, in accordance with Chapter 119. of the
Revised Code, which are necessary for its government and for the
administration and enforcement of this chapter.
(D) The board may do all of the following:
(1) Subpoena witnesses and require their attendance and
testimony, and require the production by witnesses of books,
papers,
public records, animal patient records, and other
documentary
evidence and examine them, in relation to any matter
that the
board has authority to investigate, inquire into, or
hear.
Except for any officer or employee of the state or any
political
subdivision of the state, the treasurer of state shall
pay all
witnesses in any proceeding before the board, upon
certification
from the board, witness fees and mileage in the same
amount as provided in
section 2335.06 for under section 119.094 of
the Revised Code.
(2) Examine and inspect books, papers, public records,
animal
patient records, and other documentary evidence at the
location
where the books, papers, records, and other evidence are
normally
stored or maintained.
(E) All registers, books, and records kept by the board
are
the property of the board and are open for public examination
and
inspection at all reasonable times in accordance with section
149.43 of the Revised Code. The registers, books,
and records are
prima-facie evidence of the matters contained
in them.
Sec. 4760.14. (A) The state medical board
shall investigate
evidence that appears to show that any person
has violated this
chapter or the rules adopted under it. Any person
may report to
the board in a signed writing any information the
person has that
appears to show a violation of any provision of
this chapter or
the rules adopted under it. In the absence of bad faith, a
person
who reports such information or testifies before the board in an
adjudication conducted under Chapter 119. of the Revised Code
shall not be liable for civil damages as a
result of reporting the
information or providing testimony. Each
complaint or allegation
of a violation received by
the board shall be assigned a case
number and be recorded by the
board.
(B) Investigations of alleged violations of this chapter or
rules adopted under it shall be supervised by the supervising
member elected by the board in accordance with section 4731.02
of
the Revised Code and by the secretary as provided
in section
4760.15 of the Revised Code. The board's
president may designate
another member of the board to supervise
the investigation in
place of the supervising member. A member
of the board who
supervises the investigation of a case shall
not participate in
further adjudication of the case.
(C) In investigating a possible violation of this chapter or
the rules adopted under it, the board may administer oaths, order
the taking of depositions, issue subpoenas, and compel the
attendance of witnesses and production of books, accounts,
papers,
records, documents, and testimony, except that a subpoena
for
patient record information shall not be issued without
consultation with the attorney general's office and approval of
the secretary and supervising member of the board. Before
issuance
of a
subpoena for patient record
information, the
secretary and
supervising
member shall determine whether there is
probable cause
to
believe that the complaint filed alleges a
violation of this
chapter or the rules adopted under it and that
the records sought
are relevant to the alleged violation and
material to the
investigation. The subpoena may apply only to
records
that cover a
reasonable period of
time surrounding the
alleged violation.
On failure to comply
with any subpoena issued by the board
and after reasonable notice
to the person being subpoenaed, the
board may move for an order
compelling the production of persons
or records pursuant to the
Rules of Civil Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the
board.
Service of a
subpoena issued by the board may be made by
delivering a copy of the subpoena
to the person named therein,
reading it to the person, or leaving it at
the person's usual
place of residence. When the person being
served is an
anesthesiologist assistant, service of the subpoena may be
made by
certified mail, restricted delivery, return receipt
requested, and
the subpoena shall be deemed served on the date
delivery is made
or the date the person refuses to accept
delivery.
A sheriff's deputy who serves a subpoena shall
receive the
same fees as a sheriff. Each
witness who appears before the board
in obedience to a subpoena shall receive
the fees and mileage
provided for witnesses in civil cases in the courts of
common
pleas under section 119.094 of the Revised Code.
(D) All hearings and investigations of the board shall be
considered civil actions for the purposes of section
2305.252 of
the Revised Code.
(E) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil
action.
The board shall conduct all investigations and
proceedings in
a manner that
protects the confidentiality of patients and persons
who file
complaints
with the board. The board shall not make
public the names
or any other identifying information about
patients or
complainants unless proper consent is given.
The board may
share any information it receives pursuant to
an investigation, including
patient records and patient record
information, with law enforcement agencies,
other licensing
boards,
and other governmental agencies
that are prosecuting,
adjudicating, or investigating alleged
violations of statutes or
administrative rules. An
agency or board that receives the
information shall comply with the
same requirements regarding
confidentiality as those with which the state
medical board must
comply, notwithstanding any conflicting provision
of the Revised
Code
or procedure of the agency or board that applies when it is
dealing with other information in its possession. In a judicial
proceeding,
the information may
be admitted into evidence only in
accordance with
the Rules of Evidence, but the court shall require
that appropriate measures are taken to ensure that confidentiality
is
maintained with respect to any part of the information that
contains names or
other identifying information about patients or
complainants whose
confidentiality was protected by the state
medical board when the information
was in the board's possession.
Measures to ensure confidentiality that may be
taken by the court
include sealing its records or deleting specific information from
its
records.
(F) The state medical board shall develop
requirements for
and provide appropriate initial training and continuing
education
for investigators employed by the board to carry out its
duties
under this chapter. The training and continuing education
may
include enrollment in courses operated or approved by the
Ohio
peace officer training council that the board
considers
appropriate under conditions set forth in section
109.79 of the
Revised Code.
(G) On a quarterly basis, the board shall
prepare a report
that documents the disposition of all cases
during the preceding
three months. The report shall contain the
following information
for each case with which the board has
completed its activities:
(1) The case number assigned to the complaint or
alleged
violation;
(2) The type of certificate to practice, if any, held
by the
individual against whom the complaint is directed;
(3) A description of the allegations contained in the
complaint;
(4) The disposition of the case.
The report shall state how many cases are still pending,
and
shall be prepared in a manner that
protects the identity
of each
person involved in each case. The report is a public record for
purposes of section 149.43 of the Revised Code.
Sec. 4762.14. (A) The state medical board
shall investigate
evidence that appears to show that any person
has violated this
chapter or the rules adopted under it. Any person
may report to
the board in a signed writing any information the
person has that
appears to show a violation of any provision of
this chapter or
the rules adopted under it. In the absence of bad faith, a
person
who reports such information or testifies before the board in an
adjudication conducted under Chapter 119. of the Revised Code
shall not be liable for civil damages as a
result of reporting the
information or providing testimony. Each
complaint or allegation
of a violation received by
the board shall be assigned a case
number and be recorded by the
board.
(B) Investigations of alleged violations of this chapter or
rules adopted under it shall be supervised by the supervising
member elected by the board in accordance with section 4731.02
of
the Revised Code and by the secretary as provided
in section
4762.15 of the Revised Code. The board's
president may designate
another member of the board to supervise
the investigation in
place of the supervising member. A member
of the board who
supervises the investigation of a case shall
not participate in
further adjudication of the case.
(C) In investigating a possible violation of this chapter or
the rules adopted under it, the board may administer oaths, order
the taking of depositions, issue subpoenas, and compel the
attendance of witnesses and production of books, accounts,
papers,
records, documents, and testimony, except that a subpoena
for
patient record information shall not be issued without
consultation with the attorney general's office and approval of
the secretary and supervising member of the board. Before
issuance
of a
subpoena for patient record
information, the
secretary and
supervising
member shall determine whether there is
probable cause
to
believe that the complaint filed alleges a
violation of this
chapter or the rules adopted under it and that
the records sought
are relevant to the alleged violation and
material to the
investigation. The subpoena may apply only to
records
that cover a
reasonable period of
time surrounding the
alleged violation.
On failure to comply
with any subpoena issued by the board
and after reasonable notice
to the person being subpoenaed, the
board may move for an order
compelling the production of persons
or records pursuant to the
Rules of Civil Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the
board.
Service of a
subpoena issued by the board may be made by
delivering a copy of the subpoena
to the person named therein,
reading it to the person, or leaving it at
the person's usual
place of residence. When the person being
served is an
acupuncturist, service of the subpoena may be
made by certified
mail, restricted delivery, return receipt
requested, and the
subpoena shall be deemed served on the date
delivery is made or
the date the person refuses to accept
delivery.
A sheriff's deputy who serves a subpoena shall
receive the
same fees as a sheriff. Each
witness who appears before the board
in obedience to a subpoena shall receive
the fees and mileage
provided for witnesses in civil cases in the courts of
common
pleas under section 119.094 of the Revised Code.
(D) All hearings and investigations of the board shall be
considered civil actions for the purposes of section
2305.252 of
the Revised Code.
(E) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil
action.
The board shall conduct all investigations and
proceedings in
a manner that
protects the confidentiality of patients and persons
who file
complaints
with the board. The board shall not make
public the names
or any other identifying information about
patients or
complainants unless proper consent is given.
The board may
share any information it receives pursuant to
an investigation, including
patient records and patient record
information, with
law
enforcement agencies, other licensing
boards, and other governmental
agencies that are prosecuting,
adjudicating, or investigating alleged
violations of statutes or
administrative rules. An agency or board that
receives the
information shall comply with the
same requirements regarding
confidentiality as those with which the state
medical board must
comply, notwithstanding any conflicting provision of the Revised
Code
or procedure of the agency or board that applies when it is
dealing with other information in its possession. In a judicial
proceeding,
the information may
be admitted into evidence only in
accordance with
the Rules of Evidence, but the court shall require
that appropriate measures are taken to ensure that confidentiality
is
maintained with respect to any part of the information that
contains names or
other identifying information about patients or
complainants whose
confidentiality was protected by the state
medical board when the information
was in the board's possession.
Measures to ensure confidentiality that may be
taken by the court
include sealing its records or deleting specific information from
its
records.
(F) The state medical board shall develop
requirements for
and provide appropriate initial training and continuing
education
for investigators employed by the board to carry out its
duties
under this chapter. The training and continuing education
may
include enrollment in courses operated or approved by the
Ohio
peace officer training council that the board
considers
appropriate under conditions set forth in section
109.79 of the
Revised Code.
(G) On a quarterly basis, the board shall
prepare a report
that documents the disposition of all cases
during the preceding
three months. The report shall contain the
following information
for each case with which the board has
completed its activities:
(1) The case number assigned to the complaint or
alleged
violation;
(2) The type of certificate to practice, if any, held
by the
individual against whom the complaint is directed;
(3) A description of the allegations contained in the
complaint;
(4) The disposition of the case.
The report shall state how many cases are still pending,
and
shall be prepared in a manner that
protects the identity
of each
person involved in each case. The report
is a public record for
purposes of section 149.43 of the Revised Code.
Sec. 4763.04. The real estate appraiser board or the
superintendent or real estate may compel, by order or subpoena,
the attendance of witnesses to testify in relation to any matter
over which the board or the superintendent has jurisdiction and
which is the subject of the inquiry and investigation by the
board
or superintendent, and require the production of any book,
paper,
or document pertaining to such matter. For such purpose,
the board
or the superintendent has the same power as judges of
county
courts to administer oaths, compel the attendance of
witnesses,
and punish witnesses for refusal to testify. Sheriffs
and
constables shall serve and return such process and shall
receive
the same fees for doing so as are allowed for like
service.
Witnesses shall receive, after their appearance before
the board
or the superintendent, the fees and mileage allowed in
civil
actions in courts of common pleas provided for under section
119.094 of the
Revised Code. If two or more
witnesses travel
together in the same
vehicle, the mileage fee
shall be paid to
only one of those
witnesses, but the witnesses
may agree to
divide the fee among
themselves in any manner.
In addition to the powers and duties granted to the board
and
the superintendent under this section, in case any person
fails to
file any statement or report, obey any subpoena, give
testimony,
answer questions, or produce books, records, or papers
as required
by the board or the superintendent under this
chapter, the court
of common pleas of any county in the state,
upon application made
to it by the board or the superintendent
setting forth the
failure, may make an order awarding process of
subpoena or
subpoena duces tecum for the person to appear and
testify before
the board or the superintendent, and may order any
person to give
testimony and answer questions, and to produce
books, records, or
papers, as required by the board or the
superintendent. Upon the
filing of such order in the office of
the clerk of the court of
common pleas, the clerk, under the seal
of the court, shall issue
process or subpoena, and each day
thereafter until the examination
of the person is completed. The
subpoena may contain a direction
that the witness bring with him the
witness to the examination any
books, records, or papers mentioned in the
subpoena. The clerk
also shall issue, under the seal of the
court, such other orders,
in reference to the examination,
appearance, and production of
books, records, or papers, as the
court directs. If any person
summoned by subpoena fails to obey
the subpoena, to give
testimony, to answer questions as required,
or to obey an order of
the court, the court, on motion supported
by proof, may order an
attachment for contempt to be issued
against the person charged
with disobedience of any order or
injunction issued by the court
under this chapter. If the person
is brought before the court by
virtue of the attachment, and if
upon a hearing the disobedience
appears, the court may order the
offender to be committed and kept
in close custody.
Sec. 4769.06. In investigating possible violations of
section 4769.02 of the Revised Code or conducting hearings under
section 4769.03 of the Revised Code, the department of health may
administer oaths, order the taking of depositions, and issue
subpoenas compelling attendance of witnesses or production of
documents. The subpoenas shall be served in the same manner as
subpoenas and subpoenas duces tecum issued for a trial of a civil
action in a court of common pleas. The department shall pay each
witness who appears before the department in obedience to a
subpoena the fees and mileage provided under Chapter 2335. section
119.094 of the
Revised Code for witnesses in civil actions in a
court of common
pleas.
If a person who is served a subpoena fails to attend a
hearing or to produce documents, or refuses to be sworn or to
answer any question put to him the person, the department may
apply to the court of common pleas of the county in which the
person resides,
or the county in which the hearing under division
(B) of section 4769.03 of
the Revised Code is conducted, for a
contempt order,
as in the case of a failure of a person who is
served a subpoena
issued by the court to attend or to produce
documents or a
refusal of such person to testify.
Sec. 4903.05. Each witness who appears before the public
utilities commission
by its order shall receive for his attendance
the fees
and mileage provided for witnesses in civil cases in
courts of record under section 119.094 of the Revised Code, which
shall be audited and paid
by the state as other expenses are
audited and paid, upon the presentation of
proper vouchers sworn
to by such witnesses and approved by the chairman
chairperson of
the
commission. No witness subpoenaed at the instance of parties
other than the
commission is entitled to compensation from the
state for attendance or
travel, unless the commission certifies
that his the witness's
testimony was material to the matter
investigated.
Sec. 5101.37. (A) The department of job and family
services
and
each county department of job and family services and
child
support enforcement
agency may make any investigations
that are
necessary in the performance of their duties, and to
that end they
shall have the same power as a judge of a county
court to
administer oaths and to enforce the attendance and
testimony of
witnesses and the production of books or papers.
The department and each county department
and agency
shall
keep a record of their investigations stating the time,
place,
charges or subject, witnesses summoned and examined, and
their
conclusions.
The fees of witnesses for attendance and travel Witnesses
shall be
the same as in the court of common pleas paid the fees
and mileage provided for under section 119.094 of the Revised
Code.
(B) In conducting hearings pursuant to Chapters 3119., 3121.,
and 3123. or
pursuant to division (B) of section
5101.35 of the
Revised Code, the department and each child support enforcement
agency have the same power as a judge of a county court to
administer oaths and to enforce the attendance and testimony of
witnesses and the production of books or papers. The department
and each agency shall keep a record of those hearings stating the
time, place, charges or subject, witnesses summoned and examined,
and their conclusions.
The issuance of a subpoena by the department or a child
support enforcement agency to enforce attendance and testimony of
witnesses and the production of books or papers at a hearing is
discretionary and the department or agency is not required to pay
the fees of witnesses for attendance and travel.
(C) Any judge of any division of the court of
common pleas,
upon application of the department or a county department
or child
support enforcement agency, may compel the attendance of
witnesses, the production of books or papers, and the giving of
testimony before the department, county department, or
agency, by
a judgment for
contempt or otherwise, in the same manner as in
cases before
those courts.
Sec. 5120.30. The department of rehabilitation and
correction may make
any investigations
that are necessary
in the
performance of its duties, and to that end the director of
rehabilitation and correction shall have the same power as a
judge
of a county court to administer oaths and to enforce the
attendance and testimony of witnesses and the production of books
or papers.
The department shall keep a record of
the investigations
pursuant to the record retention
schedule approved by the
department of administrative services.
The fees of witnesses for attendance and travel Witnesses
shall be
the
same as in the court of common pleas paid the fees
and mileage provided for under section 119.094 of the Revised
Code, but no officer or
employee
of the institution under
investigation is entitled to
such fees.
Any judge of the probate court or of the court of common
pleas, upon application of the department, may compel the
attendance of witnesses, the production of books or papers, and
the giving of testimony before the department, by a judgment for
contempt or otherwise, in the same manner as in cases before
courts
of common pleas.
Sec. 5123.14. The department of mental retardation and
developmental disabilities may make such investigations as are
necessary in the performance of its duties and to that end the
director of mental retardation and developmental disabilities
shall have the same power as a judge of a county court to
administer oaths and to enforce the attendance and testimony of
witnesses and the production of books or papers.
The department shall keep a record of such investigations
stating the time, place, charges or subject, witnesses summoned
and examined, and its conclusions.
In matters involving the conduct of an officer, a
stenographic report of the evidence shall be taken and a copy of
such report, with all documents introduced, kept on file at the
office of the department.
The fees of witnesses for attendance and travel Witnesses
shall be
the same as in the court of common pleas paid the fees
and mileage provided for under section 119.094 of the Revised
Code, but no officer or
employee of the institution under
investigation is entitled to
such fees.
Any judge of the probate court or of the court of common
pleas, upon application of the department, may compel the
attendance of witnesses, the production of books or papers, and
the giving of testimony before the department, by a judgment for
contempt or otherwise, in the same manner as in cases before said
courts.
Sec. 5123.96. Costs, fees, and expenses of all proceedings
held under this chapter shall be paid as follows:
(A) To police and health officers, other than sheriffs or
their deputies, the same fees allowed to constables, to be paid
upon the approval of the probate judge;
(B) To sheriffs or their deputies, the same fees allowed
for
similar services in the court of common pleas;
(C) To physicians or licensed clinical psychologists
acting
as expert witnesses and to other expert witnesses
designated by
the court, an amount determined by the court;
(D) To other witnesses in an administrative proceeding, the
same fees and mileage as for
attendance at the court of common
pleas are provided to witnesses by section 119.094 of the Revised
Code, and to witnesses in a judicial proceeding, the same fees and
mileage as are provided to witnesses by section 2335.06 of the
Revised Code, to be paid upon the
approval of the probate judge;
(E) To a person, other than the sheriff or his the sheriff's
deputies,
for taking a mentally retarded person to an institution
or
removing a mentally retarded person from an institution, the
actual necessary expenses incurred, specifically itemized, and
approved by the probate judge;
(F) To assistants who convey mentally retarded persons to
institutions when authorized by the probate judge, a fee set by
the probate court, provided the assistants are not drawing a
salary from the state or any political subdivision of the state,
and their actual necessary expenses incurred, provided that the
expenses are specifically itemized and approved by the probate
judge;
(G) To an attorney appointed by the probate division for
an
indigent who allegedly is a mentally retarded person pursuant
to
any section of this chapter, the fees that are determined by
the
probate division. When those indigent persons are before the
court, all filing and recording fees shall be waived.
(H) To a referee who is appointed to conduct proceedings
under this chapter that involve a respondent whose domicile is
or,
before his the respondent's institutionalization, was not
the
county in which
the proceedings are held, compensation as fixed by
the probate
division, but not more than the compensation paid for
similar
proceedings for respondents whose domicile is in the
county in
which the proceedings are held;
(I) To a court reporter appointed to make a transcript of
proceedings under this chapter, the compensation and fees allowed
in other cases under section 2101.08 of the Revised Code.
All costs, fees, and expenses described in this section,
after payment by the county from appropriations pursuant to
section 2101.11 of the Revised Code, shall be certified by the
county auditor to the department of mental retardation and
developmental disabilities within two months of the date the
costs, fees, and expenses are incurred by the county. Payment
shall be provided for by the director of budget and management
upon presentation of properly verified vouchers. The director of
mental retardation and developmental disabilities may adopt rules
in accordance with Chapter 119. of the Revised Code to implement
the payment of costs, fees, and expenses under this section.
Sec. 5149.11. In the exercise of any of the powers vested
in
the adult parole authority, the chief of the authority, any
member
of the board, or any hearing officer may administer oaths
and in
the name of the authority may issue subpoenas and
subpoenas duces
tecum. The authority may compel the attendance
of witnesses and
the production of records and papers of all
kinds and description
including any and all books, accounts,
documents, memorandums, and
transcripts of testimony, pertaining
to any inquiry within the
powers and duties of the authority.
Upon the failure of any person
to comply with any order of the
authority or any subpoena or
subpoena duces tecum lawfully
issued, or upon the refusal of any
witness to testify to any
matter regarding which he the witness
may be lawfully
interrogated, a judge
of the court of common pleas
of any county in this state, on the
application of the authority,
shall compel obedience by
attachment proceedings for contempt, as
in the case of
disobedience of the requirements of a subpoena
issued from a
court of common pleas or a refusal to testify
therein.
Each witness who appears before the authority or before a
member of the parole board by its the authority's or his
member's
order shall receive for
his attendance the fees and mileage
provided for witnesses in
civil cases in the court of common pleas
under section 2335.06 119.094 of
the Revised Code, and the fees
and mileage shall be audited and
paid out of the state treasury in
the same manner as other
expenses are audited and paid, upon the
presentation of properly
verified vouchers approved by the chief
of the authority.
The chief of the authority or a member of the board, or any
party who is the subject of the investigation, may in any
investigation cause depositions of witnesses residing within or
without the state to be taken in the manner prescribed by
sections
2319.08, 2319.09, 2319.11, and 2319.27 of the Revised
Code and the
Civil Rules.
Copies of the proceedings, minutes, actions, findings,
recommendations, orders, and other records of the authority or
its
predecessors shall be verified and certified to by the
officer
conducting or responsible for such and attested by the
chief of
the authority, and when certified and attested shall be
received
in evidence as proof of the facts therein stated.
Minutes, actions, findings, recommendations,
determinations,
and orders made and kept by the adult parole
authority are public
records.
Sec. 5703.29. Each officer who serves a summons or subpoena
shall receive the
same fees as a sheriff, and each witness who
appears before the department of
taxation by its order shall
receive for his the witness's
attendance the fees and mileage
provided for witnesses in civil cases in courts of common pleas
under section 119.094 of the Revised Code, which shall
be audited
and paid by the state in the same manner as other expenses, upon
the presentation of proper vouchers approved by the department. A
witness
subpoenaed at the instance of parties other than the
department shall not be
entitled to compensation from the state
for attendance or travel unless the
department certifies that the
testimony of the witness was material to the
matter investigated.
Sec. 5727.62. A person who appears before the department of
taxation, on its
order, as to the appraisal of property in any
taxing district, shall be
allowed
and paid out of the treasury of
the proper county, if an officer of any such
taxing district, his
the person's actual and necessary traveling
expenses, which shall
be
itemized and sworn to by the person who incurred the expense,
and if other
than
any such officer, he the person shall receive
for his
attendance the fees and mileage
provided for witnesses in
civil cases in the courts of common pleas under section 119.094 of
the Revised Code. Such
traveling expenses and witness fees shall
be audited and paid out of the
county
treasury of the proper
county in the same manner as other expenses are audited
and paid,
upon the presentation of a certificate from the department
certifying
to the fact of such attendance.
Sec. 5924.47. (A) Any person not subject to this code who:
(1) Has been duly subpoenaed to appear as a witness or to
produce books and
records before a military court or before any
military or civil officer
designated to take a deposition to be
read in evidence before such a court;
(2) Has been duly paid or tendered the fees and mileage of a
witness at the
rates allowed to witnesses attending the court of
common pleas of the state provided for under section 119.094 of
the Revised Code;
and
(3) Willfully neglects or refuses to appear, or refuses to
qualify as a
witness or to testify or to produce any evidence
which that person may have
been legally subpoenaed to produce; is
guilty of an offense against the state
and may be punished in the
same manner as if committed before civil courts of
the state.
SECTION 2. That existing sections 101.45, 117.18, 119.09,
124.09, 169.08, 317.36, 505.495, 709.032, 733.39, 1121.38,
1315.17, 1315.24, 1321.07,
1321.42, 1509.36,
1513.131, 1571.10,
1571.14, 1707.23, 1901.26,
1905.26, 2335.06, 2335.08, 2743.06,
2743.65,
3745.05, 3901.04,
3901.321, 4112.04, 4121.16,
4123.13,
4167.10, 4301.04, 4503.03,
4517.32,
4701.29, 4723.29, 4725.23,
4728.05, 4730.26,
4731.22,
4735.04, 4738.11, 4741.03, 4760.14,
4762.14, 4763.04, 4769.06,
4903.05, 5101.37,
5120.30, 5123.14,
5123.96, 5149.11, 5703.29,
5727.62, and 5924.47 of the Revised
Code
are hereby repealed.
Section 3. Sections 1 and 2 of this act, except for the
enactment of section 3333.30 of the Revised Code, take effect July
1,
2009. The enactment of section 3333.30 of the Revised Code
takes effect at the earliest time permitted by law.
SECTION 4. Section 1901.26 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Am.
Sub. H.B. 66 and Am. H.B. 226 of
the 126th General
Assembly. The
General Assembly, applying the
principle stated in
division (B)
of section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
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