As a businessperson, I’ve always thought it was a good idea to belong to a trade association. But if competitors talking to each other is collusion, aren’t trade associations illegal?
No. The antitrust laws do not require business people to avoid each other. They can join trade associations, they can participate in industry-wide programs, they can socialize with each other. However, they cross the line when the subject of these interactions becomes price, territorial division, merchants with whom they will or will not deal, product quality or the like. In short, a good rule of thumb is: a firm may meet with its competitors in a group setting, but should not discuss, and
cannot collaborate with them, on issues on which they should be competing.
Gasoline prices at different stations in my neighborhood always seem to go up and down together – usually within hours or minutes of each other. Isn’t this a sure sign that these stations are colluding?
Gasoline pricing is a concern of all consumers, most of whom are perplexed by the fluctuations in gasoline prices. Sudden increases and even decreases in the price of gasoline at the pumps lead many people to believe that these parallel price changes are the result of illegal price fixing. Unfortunately, parallel behavior of this type alone does not constitute proof of an antitrust violation. In order to prove a violation punishable by the antitrust laws, there must be additional evidence that tends to show an agreement among the competitors to set or affect the price or price levels of the product or service in question. The retail gasoline market is what is known as an interdependent market. This means that each seller in the market is often aware of his competitors' behavior and that his own pricing behavior will affect others. For example, because of very public and visible price-posting that is required by law, a gasoline retailer can easily determine what his competitor next door is charging just by looking at the sign, and decide what price he wants to charge accordingly. Since gasoline demand is relatively constant, depending on the time of year, there is little risk in choosing to raise prices in response to a competitor's price increase. This is why when pump prices go up (or down) at one station it is often followed very quickly by price increases (or decreases) at the other stations in the area. All of this can occur without the station owners ever reaching any agreement to increase their prices. Moreover, strictly unilateral behavior of this type, standing alone, is not punishable by the antitrust laws since the antitrust laws are primarily concerned with pricing decisions when they are the result of a conspiracy. On the other hand, if firms involved in the production, refining, distribution or sale of oil, gasoline or other petroleum products agree with each other on price or other terms of sale, such an agreement would violate the antitrust laws. Thus, if you have any information that indicates that fluctuations in gasoline prices are the result of some actual agreement, please call our office.
I live in a small community with only one grocery store. It carries only Coke and not Pepsi. Isn’t this the kind of restriction on consumer choice that the antitrust laws are designed to prevent?
While it is possible that the situation described here is the result of actions which violate the antitrust laws, it is also quite probable that that is not the case. If the store described above has decided, on its own, using its independent business judgment, that it wishes to carry only one brand of soft drink, the antitrust laws will not prohibit it from doing so. On the other hand, if the store’s decision arises out of an agreement among multiple retail stores to boycott Pepsi, or out of an intention to harm or destroy Pepsi, then this may be the kind of anticompetitive behavior that the antitrust laws were designed to prevent.
There’s only one company that provides cable television service in my community. Isn’t that an illegal monopoly?
Citizens of cities and towns all across Ohio (and indeed across much of the nation) have echoed this concern. When more than one cable company runs cable lines through a given area, this is called overbuilding. Overbuilding does not happen in every area. Whether this is because of an illegal conspiracy, or merely because of the financial realities of the business environment, is a much more difficult question. Cable companies have to decide whether it is worth the cost of running new lines into a community in which they will only have a portion of the total cable customers. On the other hand, some companies are in the process of overbuilding a number of cities and towns in Ohio, proving that it is not entirely cost prohibitive. In addition, in most communities, consumers are afforded the choice of cable service versus new technologies such as satellite-based television transmission services. The Attorney General is keenly aware of the importance of striking the proper balance between maintaining vigorous competition through antitrust enforcement, and allowing businesses to refrain from serving areas which their independent business judgment tells them would be unprofitable. As in every case, please do not hesitate to bring information to our attention that might provide evidence of an actual agreement to allocate territories among cable companies operating in the State of Ohio.
How do I complete a background check if I am in Ohio?
Choose a vendor from this list and contact the vendor for more information.
How do I complete a background check if I am not in Ohio?
Go to the AGO website at https://www.ohioattorneygeneral.gov/Files/Forms and under BCI Criminal Records and Background Checks, print the fingerprint card you need. Fingerprints can be rolled onto the card by any agency that performs this service in your area.
How do I get a copy of a previously completed background check?
Follow the background check copy procedure and submit the background check copy request form.
How do I submit a FBI background check for personal use?
BCI can only process FBI background checks for specific types of Ohio employment. If you need a FBI background check for personal use, please contact the FBI at 304-625-5590 and follow their instructions for submitting fingerprints directly to their office.
What do I do if someone has misused my social security number?
Click this
link.
What if an error is made by a Webcheck agency when my information is submitted for a background check?
BCI recommends that all Webcheck agencies double check their entry before submitting a transaction. BCI cannot change information once it is submitted to our office. A new background check must be submitted. No credits will be issued for submission errors.
What if I need a background check for immigration purposes?
A BCI background check can be submitted for immigration purposes. A list of Ohio vendors who can perform such checks are listed here.
A FBI background check cannot be submitted to us for immigration purposes. Please contact the FBI at 304-625-5590 or visit www.FBI.gov for more information.
What if I receive a rapsheet and think there is an error?
Please follow the instructions to
Request for Challenge and Review of Criminal History Records.
What if I receive a rejection letter for a BCI or FBI background check?
When receiving a rejection letter on a BCI or FBI background check, review the reason for the rejection. You will receive a separate result for the BCI and FBI background checks, so don’t assume that if you receive a rejection letter that it pertains to both results. You will need to submit a new set of fingerprints for the rejected background check.
What is a disqualifying offense?
A disqualifying offense means that if the individual committed a certain offense, that person may be prohibited from employment with the organization.
Who can I call about background checks?
The Civilian Identification Department of the Bureau of Criminal Identification and Investigation can be reached Monday through Friday toll-free at 877-224-0043 between 8 a.m. and 4:30 p.m.
What is Forensic Science?
Forensic Science is the application of the science to evidence from a criminal investigation.
What kind of training/education is required to work as a Forensic Scientist?
A forensic scientist is required to have a formal education consisting of a bachelor degree in a natural science. In order to work in the DNA section of the laboratory, the following coursework must also be included: Biochemistry, Molecular Biology, Molecular Genetics and training in Statistics must be completed.
Where can I submit evidence?
BCI has 3 full service laboratories located in Bowling Green, Richfield and London. Evidence can be submitted to any of the evidence reception sites located in Youngstown, Athens, Cambridge, Bowling Green, Richfield and London.
BCI also has a laboratory located in Springifled where Drug Chemistry testing is performed; however, there is no evidence reception at this location.
Evidence can be submitted to any of the evidence receiving locations.
What are the laboratory services fees at BCI?
BCI performs laboratory services at no cost to submitting agencies.
How many items can I submit?
BCI is dedicated to providing timely and accurate testing of all evidence submission. To meet this goal most effectively, some of the laboratory units have adopted protocols specific for laboratory submissions. To access the current submission policies, click on the individual Laboratory Unit links above.
What is PreLog?
The Ohio Law Enforcement Gateway (OHLEG) has a link to a program called PreLog where submitting agencies can electronically submit their case information prior to bringing/sending the evidence to BCI. This function saves time during the evidence reception process.
For more information regarding OHLEG or to request access to OHLEG, email
OHLEGsupport@ohioattorneygeneral.gov.
What is Laboratory Online?
The Ohio Law Enforcement Gateway (OHLEG) has a link to a program called Laboratory Online where investigating agencies can view electronic copies of approved laboratory reports and scientist’s statement of qualifications.
For more information regarding OHLEG or to request access to OHLEG, email
OHLEGsupport@ohioattorneygeneral.gov.
Is there a BCI Laboratory Request form available that I can use?
Yes. You may select to use a PDF Fillable BCI submission sheet in order to document your case information, item descriptions, and requested laboratory services. This form should be completed prior to arrival at a BCI evidence reception location.
BCI submission sheet
How should I package the evidence?
Evidence should be packaged to prevent loss/deterioration. Biological evidence should be air dried and packaged in paper products in most circumstances. Plastic is acceptable for packaging moist evidence, evidence exposed to potential insect infestations, or to prevent loss of powdery substances, hair or debris. Biological evidence packaged in plastic should be stored frozen.
Sharp objects, such as knives or glass, should be submitted in a hard, safe container to prevent physical harm to those who handle the package and to prevent sample loss.
Firearms should be submitted unloaded (when possible) in a secure gun box.
Furthermore, evidence should be packaged to protect the evidence from cross contamination. For example, five stains collected from different areas of the crime scene should be packaged in individual containers to prevent contact/cross contamination.
What quality assurance and quality control measures are in place?
BCI is an ANAB(American National Standards Institute-American Society for Quality National Accreditation Board) Internationally accredited laboratory. The laboratory ensures the quality of work by implementing numerous policies and procedures that include enforcing section specific training programs, minimum employee qualification, technical and administrative review processes, quality control checks, performance of validation studies prior to use of technology/equipment in casework analysis, and competency and proficiency program.
View the scope of accreditation for each BCI laboratory.
How can I view my report?
Laboratory reports are mailed to the investigating officer (or designee) once they are administratively approved.
Laboratory reports are also available via OHLEG by clicking on the "Pre-Log and Inquiry" or “Laboratory Online” links.
Who should I contact if I have questions about the results in a laboratory report?
The area below the signature line on the report is the contact information for the Forensic Scientist who authored the report.
How can I get a copy of the Forensic Scientist’s Statement of Qualifications (SOQ)?
SOQ’s are issued with the mailed copy of the laboratory report. Alternatively, you could contact the Forensic Scientist directly and they could provide a copy upon request.
When will the evidence be returned to my agency?
The evidence will be available for pickup once the laboratory report(s) are issued. Please note that evidence is no longer shipped to agencies from BCI.
How do I schedule a tour of BCI?
Submit a request for a laboratory tour. Provide the following details in your tour request:
- Number attendees anticipated
- Proposed dates for the tour
- Group Affiliation (civilian, educational, law enforcement, etc.)
- Laboratory Location (London, Richfield, Springfield or Bowling Green)
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Can you tell me what the Civil Rights Section of the Ohio Attorney General’s Office does?
The Civil Rights Section litigates discrimination cases on behalf of the Ohio Civil Rights Commission. The majority of the section's cases involve allegations of discrimination in employment, housing, and public accommodations.
When a discrimination complaint is issued by the Ohio Civil Rights Commission, will the Attorney General’s Office represent me?
The Attorney General’s Office represents the Ohio Civil Rights Commission. Thus, the attorney assigned to the Commission’s case cannot represent you. You have the right to retain your own legal counsel.
From a business's perspective, what should I do if someone files a charge against my company?
You may want to notify your human resources department or legal counsel for assistance. Most importantly, do not ignore the Commission’s requests for information. The Commission investigator’s role is to receive both sides of the story, so if the Respondent (in this example, the employer) does not provide information, then the Commission only has the charging party’s side of the story to rely on. Also, please be aware that Ohio’s laws against discrimination prohibit unlawful retaliation, so be careful not to retaliate against the individual who filed the charge, or individuals who participate in the Commission’s investigatory process.
Does the assigned Assistant Attorney General or the Ohio Attorney General’s Office represent me?
The Ohio Attorney General’s Office represents the Ohio Civil Rights Commission and cannot provide legal advice to individuals. You do have the right to retain your own legal counsel.
I believe that I have been denied access to a higher educational institution, such as a university or college, because of my disability. What should I do?
If you feel that you have been denied access to a higher educational institution for discriminatory reasons, contact the Ohio Civil Rights Commission to file a higher education charge of discrimination. For more information, contact the Ohio Civil Rights Commission at 888-278-7101.
I believe that I have been denied credit at a bank because of my race, color, religion, sex, national origin, age, ancestry, disability, marital status, or military status. What should I do?
If you feel that you have been denied credit for discriminatory reasons, contact the Ohio Civil Rights Commission to file a credit charge of discrimination. For more assistance, contact the Ohio Civil Rights Commission at 888-278-7101.
I believe that I have been denied service or access to a place of public accommodation – such as a restaurant, theater, or park – because of my race, color, religion, sex, national origin, age, ancestry, or disability. What should I do?
If you feel that you have been discriminated against in a place of public accommodation in Ohio, contact the Ohio Civil Rights Commission to file a public accommodations charge of discrimination. For more information, contact the Ohio Civil Rights Commission at 888-278-7101.
I believe that I have been denied the opportunity to buy or rent a home, evicted, or treated differently by my landlord because of my race, color, religion, sex, national origin, familial status, ancestry, disability, or military status. What should I do?
If you feel that you are the victim of housing discrimination because of your familial status or any other protected class, e.g. race, color, sex, disability, etc. under Ohio law, contact the Ohio Civil Rights Commission to file a housing charge of discrimination. For more assistance, contact the Ohio Civil Rights Commission at 888-278-7101.
I believe that I have been fired, demoted, suspended, etc., because of my race, color, religion, sex, national origin, age, ancestry, disability, or military status. What should I do?
If you feel that you have been discriminated against in violation of Ohio law, contact the Ohio Civil Rights Commission to file an employment charge of discrimination. For more information, contact the Ohio Civil Rights Commission at 888-278-7101.
I believe that I have been retaliated against because I have filed a previous charge of discrimination. What should I do?
If you feel that you have been retaliated against for filing a previous charge of discrimination, contact the Ohio Civil Rights Commission to file a retaliation charge of discrimination. For more information, contact the Ohio Civil Rights Commission at 888-278-7101.
I have filed a charge of discrimination with the Ohio Civil Rights Commission. What happens now?
The Ohio Civil Rights Commission has one year to investigate your case after your charge is filed. Often the Commission will first attempt to assist you in reaching an amicable resolution with the person or entity against which the charge has been filed. In cases that are not mediated, the Commission will decide whether to dismiss the charge or to continue the process with a finding of “probable cause.” A “probable cause” finding merely means the Commission will then attempt to resolve the case between the opposing parties.
If mediation is unsuccessful, the Commission will then issue a complaint and send the case to the Civil Rights Section of the Attorney General’s Office for resolution. An attorney will be assigned to represent the Ohio Civil Rights Commission in proceeding with the Commission’s matter.
I want to talk with a lawyer about violations of my civil rights. Who do I call?
You may want to contact a local bar association to assist you with finding an attorney. The Ohio Supreme Court maintains a list of attorney referral services (
http://www.sconet.state.oh.us/AttySvcs/LawyerReferral/referral/LRIS.pdf) which may be helpful to find an attorney in your geographic location. The Attorney General's Civil Rights Section cannot provide individuals with legal advice nor recommend attorneys.
The Ohio Civil Rights Commission issued a discrimination complaint after it investigated a charge of discrimination. What happens now?
After a “probable cause” finding has been made by the Ohio Civil Rights Commission, and if its attempt to mediate the case has been unsuccessful, the Commission then issues a complaint. That legal complaint triggers the case file to be sent to the Civil Rights Section of the Attorney General’s Office for resolution.
After the case is assigned, the Assistant Attorney General handling the case will attempt to contact the parties involved. The Civil Rights Section of the Attorney General’s Office can be reached at 614-466-7900.
What employers are subject to Ohio’s laws against discrimination?
The state of Ohio, any political subdivision of the state, any person employing four or more people within Ohio and any person acting directly or indirectly in the interest of the aforementioned employer are subject to these laws.
What happens after I file a charge of discrimination with the Ohio Civil Rights Commission?
After filing a charge, the Ohio Civil Rights Commission provides the charging party and the respondent with an opportunity to mediate the alleged conflict. If the parties elect not to mediate – or are unable to reach a resolution – the Commission assigns an investigator to gather information from each side, interview witnesses, and evaluate the allegations in the charge. At the conclusion of the investigation, the Commission will notify the parties of its finding, usually either “no probable cause” or “probable cause.”
What happens after the Ohio Civil Rights Commission finds “probable cause” of discrimination?
If the Ohio Civil Rights Commission finds “probable cause,” it will attempt to conciliate, meaning that it will attempt to eliminate the unlawful discriminatory practice. If the Commission is unable to conciliate the matter, it issues a Complaint and sends the case to the Ohio Attorney General’s Office, where it is assigned to an Assistant Attorney General. Both parties then receive a letter identifying the attorney who has been assigned to represent the Ohio Civil Rights Commission in the proceeding.
What is covered by Ohio’s Laws against Discrimination?
The Ohio Civil Rights Commission has jurisdiction to investigate allegations of unlawful discrimination in employment, places of public accommodations, housing, credit and institutions of higher education. Unlawful discrimination under the Ohio Revised Code includes discrimination based on certain “protected classes.” Protected classes may include factors such as race, color, national origin, religion, disability, age, familial status and military status.
What is the difference between the Civil Rights Section of Ohio Attorney General’s Office and the Ohio Civil Rights Commission?
The OCRC investigates charges of discrimination and makes a determination whether to forward a case to the Ohio Attorney General’s Office for prosecution of alleged discrimination. The Civil Rights Section of the Ohio Attorney General’s Office, represents the OCRC, and litigates cases on its behalf.
What should I do if I think I’m the victim of unlawful discrimination?
You may want to file a charge of discrimination with the Ohio Civil Rights Commission. A charge of discrimination is a document that outlines the discriminatory act you are alleging. The Ohio Civil Rights Commission has several regional offices across the state. For more information, contact the
Ohio Civil Rights Commission at 888-278-7101. Please note that in all cases except for housing discrimination, Ohio Revised Code 4112.05(B)(1) requires that a charge be filed within
six months after the alleged unlawful discriminatory practice was committed. If you are alleging housing discrimination, then the charge must be filed within
one year after the alleged unlawful discriminatory practice was committed.
Where can I find Ohio’s laws against discrimination?
The Ohio laws and administrative rules against discrimination can be found in Ohio Revised Code Section 4112 and Ohio Administrative Code Section 4112, respectively.
I called and cancelled my BWC policy or I haven’t used this policy in years. What do I do next?
Policies lapse without action, but they don’t cancel themselves. In order to cancel a policy you must do one of two things: 1) You can send a letter of cancelation to the BWC that states the effective month/day/year of cancellation, or 2) You can file a Form U117 Notification of Policy Update form with the BWC.
I stopped filing my payroll reports and assumed that the BWC coverage would cancel itself out.
BWC requires you to cancel your policy in writing. This can be done by filing a Form U117 Notification of Policy Update form with the BWC or by marking the cancelation date on your payroll report form.
I was never told that I would have to pay a deposit for a BWC certificate?
Premium Security Deposit is based on the number of employees and payroll given on the application as well as the type of business. It gives the employer a 30 day provisional coverage and is refundable assuming that when/if you cancel the policy you don’t owe a debt.
What does it mean when it says my BWC coverage has lapsed?
It means that you are not current in paying your BWC premiums. Because of this your business is responsible in full for any claims that occur while the policy is in a lapse status.
What is the phone number to call for questions I have about my BWC policy?
You may contact the BWC at 1-800-644-6292 (1-800-OHIOBWC).
What is an Offer-in-Compromise?
An Offer-in-Compromise is an offer, as payment in full, of an amount less than the tax, premium or principal claim and that does not include any penalty or interest. An Offer-in-Compromise differs from a settlement in that the requirements for approval are much more stringent. If a business or individual seeks to waive the penalty and/or interest in part or whole, but will pay the tax, premiums and/or principal claim in their entirety, the offer is not an Offer-in-Compromise.
Are all obligations to the State of Ohio eligible for the Offer-in-Compromise program?
No. Only claims submitted to the Attorney General for collection are eligible for the Offer-in-Compromise program. If, however, a business or individual has numerous liabilities to the State of Ohio, all liabilities are subject to the Offer-in-Compromise program as long as at least one has been certified to the Attorney General. However, please note the Bureau of Workers Compensation and Department of Jobs and Family Services are generally unable to compromise debts due to unpaid premiums or contributions for ongoing businesses.
Only debts the Attorney General collects are eligible for the offer in compromise program.
Who is eligible to participate in the Offer-in-Compromise program?
Any business or person who demonstrates economic hardship or doubt as to the liability of an obligation may participate in the program if the claim has been certified to the Attorney General for collection. In limited circumstances, an individual or business also may participate in the program if the individual or business demonstrates that a claim, if collected, would be subject to refund under the respective agencies’ statutes, rules or regulations.
Can a business participate in the Offer-in-Compromise program?
The Department of Taxation may be willing to entertain compromise offers from presently active businesses. However, debts due to unpaid BWC premiums or ODJFS contributions will generally not be compromised if the business is still operating. If you have any questions regarding whether or not you may be eligible for a compromise with the Bureau of Worker’s Compensation or the Department of Jobs and Family Services, please contact 1-800-OHIOBWC or (614) 466-2319, respectively.
Will the State consider an offer with respect to an estimated liability?
No. An applicant must file any and all delinquent tax returns and/or other reports before the Attorney General will consider an offer.
How does an individual or business make an Offer-in-Compromise?
To participate in the program, an individual or business must complete and submit an Offer-in-Compromise form to the Office of the Attorney General, OIC Unit, 30 E. Broad Street, 14th Floor, Columbus, Ohio 43215. A copy of the form, together with instructions and a description of the Offer-in-Compromise program, may be downloaded from the web site. The Attorney General will consider only those offers submitted on the Offer-in-Compromise form. An applicant must answer every question, including each subpart, responding “n/a” or “none” if a question or subpart does not apply to the applicant. The individual or business submitting the offer must sign the Offer-in-Compromise form.
If an individual or business possesses more than one obligation to the State of Ohio, may such individual or business compromise only one such obligation?
No. The goal of the Offer-in-Compromise program is to resolve all existing debt owed to the State by a business or individual. An applicant must disclose, and be prepared to resolve, all debts to the State. The Attorney General will not consider an Offer-in-Compromise unless it addresses all debt to the State.
Can an individual submit an Offer-in-Compromise with respect to a joint liability?
Yes. The State may (1) accept the offer as payment in full of the entire obligation, (2) accept the offer as payment made by a spouse who did not earn income which contributed to the tax liability (innocent spouse), or (3) accept the offer as payment in full of the applicant’s liability and pursue collection of the remainder from the co-obligor. To the extent the State accepts the offer as payment in full only of the applicant’s liability, such action will not release the applicant from any liability to the co-obligor. The co-obligor may pursue the applicant for contribution to the extent forced to pay the remainder of the obligation.
What if the individual or business submitting the offer fails to sign the Offer-in-Compromise form?
The Attorney General will not consider an offer unless signed by the individual or business. By signing the offer, the applicant agrees to abide by all terms and conditions of the Offer-in-Compromise program as set forth on the Offer-in-Compromise form.
Does an applicant have to submit any additional documentation with the Offer-in-Compromise form?
Yes. An applicant also must submit all state and federal tax returns for the past two (2) years, including all schedules and attachments. If the applicant has submitted an offer-in-compromise application to the Internal Revenue Service within the past five (5) years, the applicant must also submit a copy of that application, including form 433-A and/or form 433-B and/or any other attachments to the Internal Revenue Service application, and the notification of acceptance/rejection if received from the Internal Revenue Service. Finally, the applicant must also obtain and include his or her own credit report in order for the application to be processed. Credit reports can be obtained at www.annualcreditreport.com. If the applicant has already obtained a credit report within one year of the date of the filing the Offer-in-Compromise, this may be provided. However, credit reports that were obtained more than one year before the filing of the Offer-in-Compromise application are not acceptable.
Will the applicant receive formal notification of the rejection/acceptance of an offer?
Yes. The Attorney General will send an applicant written notification of acceptance or rejection of an offer. If the State of Ohio rejects an offer, it will typically state an acceptable amount for settlement and/or compromise of the liabilities.
How long after submission of an Offer-in-Compromise will an applicant receive notice of acceptance/rejection of the offer?
The Attorney General will reply to an offer as promptly as possible. The response time will vary depending on the complexity of the offer, the agencies or departments involved and the number of offers outstanding. Failure to fully and correctly complete the Offer-in-Compromise form may delay the process. If a response is necessary within a certain time frame, the offer should clearly indicate such deadline and the reason therefore. Every effort will be made to comply with deadlines if reasonable.
Who may I contact regarding the status of an outstanding offer?
Any questions regarding the status of an offer should be directed to the Offer-in-Compromise staff at (614) 779-0105.
Does an applicant have a right of appeal if an offer is rejected?
No. All acceptances/rejections are final.
Does an applicant have to continue to make payments under an existing payment plan with the Attorney General while an Offer-in-Compromise is pending?
Yes. Submission of an offer does not relieve an applicant from obligations under an existing payment plan.
Does submission of an Offer-in-Compromise stop the filing of liens with respect to the liabilities while an offer is pending?
No. Liens will continue to be filed and/or continued with respect to liabilities despite the submission of an offer. If an offer is accepted, lien releases will be issued to the applicant upon payment. The applicant will be responsible for filing and recording the releases, including payment of any fee.
Will the State of Ohio continue to offset the obligations against monies owed to the applicant, including tax refunds, while an offer is pending?
Yes. The State of Ohio retains the right to offset any monies owed to the applicant, including federal and state tax refunds.
Will the Attorney General cease garnishment, foreclosure and other collection activities while an offer is pending?
The Attorney General will not undertake any affirmative collection activities, except offsets and liens, for a reasonable time after receipt of any offer. In no circumstance will the Attorney General institute any new collection activities for a period of 30 days. This period may be extended until resolution of the offer to the extent the applicant continues to comply with the Attorney General and timely respond to any and all requests for further information. If a garnishment and/or foreclosure have already been filed at the time an offer is submitted, such activities will continue to resolution. The Attorney General will also undertake any defensive actions necessary to preserve its claim. Lastly, the Attorney General will, in accordance with statute, continue to issue a “Certification Notice” upon submission of new claims to the Attorney General for collection.
How long does an applicant have to pay the offer if accepted?
An applicant must pay within 60 days of acceptance of the offer.
Will the State accept payment of offer in installments?
cNo. Absent special circumstances, the State will not accept installment payments under the Offer-in-Compromise Program. The applicant must make a lump sum payment within 60 days after acceptance of the offer.
Will the State accept a personal check from the applicant?
No. Payment must be in the form of a certified check or money order payable to “Treasurer, State of Ohio.”
Is the Applicant required to sign any agreement or other document upon acceptance of an offer
Yes. The Applicant must sign and return an “Offer-in-Compromise Agreement” with the offer payment. The Offer-in-Compromise Agreement will be included with the notification of acceptance/rejection sent to the applicant. An offer is not enforceable against the State unless the Attorney General receives the signed agreement within 60 days of the notification of acceptance.
Does the State of Ohio have any guidelines regarding the minimum percentage of an outstanding liability that it will accept under the Offer-in-Compromise program?
No. The Attorney General will review each offer on the merits. The minimum amount that it will accept in compromise of a liability depends upon the facts and circumstances of the individual situation.
Upon acceptance of an offer, does an applicant have any duties and/or responsibilities other than signing of the Offer-in-Compromise Agreement and payment of the offer amount?
Yes. An applicant must comply with all State filing and payment obligations, including filing and payment of taxes, for a period of five (5) years after acceptance of the offer. Failure to comply with such obligations may result in reinstatement of the full amount of the compromised liabilities.
Can an applicant pay the offer via credit card?
Yes. We can accept credit card payments over the phone. Please contact the Offer-in-Compromise Unit at (614) 779-0105.
How can I cancel my vendor’s license?
In order for the license to be cancelled, we need a letter containing your vendor’s license number; name of business or name of person on the license; actual last day of operation (month, day, year); and notary seal.
I sent information to the Department of Taxation. Why do I have to send it to the Attorney General?
The Attorney General requests copies of information sent to the Department of Taxation in order to justify ceasing collection efforts until the Department of Taxation has made a determination.
Why are the penalties so high?
Penalties are set in conjunction with the Ohio Revised Code. A penalty abatement may be requested. However, during the abatement request process, interest does continue to accrue.
Why do I have to file tax returns online?
The Ohio Department of Taxation requires all vendors to file electronically. For business owners, this cuts down on paperwork and postage costs. For state government, electronic filing saves processing costs and taxpayer dollars. Taxpayers may file electronically on Ohio Business Gateway or they may TeleFile at 1-800-697-0440.
Why do I owe penalty for a $0.00 tax return?
The Ohio Revised Code requires that anyone with an open vendor’s license in the state of Ohio is required to file timely. If returns are not filed timely, the law allows for the collection of penalties and interest. An additional charge up to $50 or 10 percent of the tax required to be paid, whichever is greater, may be levied on every tax return not filed on time and/or when the tax liability is not paid in full.
Why is my tax refund being offset?
Your federal and/or state refunds are subject to offset when it is determined a tax debt is owed and has been turned over to the Attorney General for collection.
Why wasn’t I notified by the Department of Taxation about this debt?
The Ohio Department of Taxation sent you a certified letter advising that the debt would be turned over to the Attorney General if not resolved within 60 days from the date of the letter. You may contact the Department of Taxation and they will advise you who signed for the mail.
Are you taking my federal taxes for this university bill?
Some federal student loans can be offset against federal tax refunds, but in general university debts are not subject to federal tax refund offsets.
Can any fees and interest be waived?
Generally we cannot waive student loan collection fees or interest.
Can I do a settlement?
Some universities will consider a good faith settlement offer on a case by case basis.
Can I still file the FAFSA with this outstanding debt?
You will not be eligible for further financial aid if you have federal student loans that are currently in default.
I never attended any college classes. Why do I owe this bill?
Each university has guidelines for timely withdrawal from classes. If you did not withdrawal timely or you received some other advance of funds, you will be required to repay a certain portion.
Is this debt eligible for a deferment?
Deferment of student debt is only eligible on applicable federal loans. Please refer to the packet of information you received from the university regarding repayment of the federal loan for guidelines on applying for deferment.
Can you do automatic withdrawals from my bank account?
No, the Attorney General does not process automatic withdrawals.
How soon will the agency/university be notified once I pay in full?
The payment may take 10 business days to post, and the agency/university will receive a report the following week.
I have a lien showing on my Credit Bureau Report even though I paid this debt.
Lien releases are sent to debtors and it is their responsibility to file the releases with the appropriate county officials, such as the Clerk of Courts and/or the County Recorder. If you did not file the releases then the liens will still appear on your credit report. Call us to obtain a duplicate lien release if needed.
I received an invoice from the agency/university that states that my balance is $0.00. Why do you still show a balance?
When a balance due to an agency/university becomes delinquent by 45 days or more, it is certified to the Attorney General. Once it is certified, collection costs and interest are automatically imposed by law. These need to be paid even if you paid the original amount directly to the agency/university. Please contact us for the current balance.
I’m on a payment plan. Why is the online system asking for payment of the balance in full?
The system is being updated. Currently, if you are trying to pay after your due date the system will ask for balance in full.
Is this debt reported to the credit bureaus?
We do not report delinquent debts to the credit bureaus. However, if any legal action has occurred, those items may be reported by our special counsel or by the local county clerk’s office.
My name and social security number were used erroneously. Am I still responsible for this bill?
In cases of claimed identity theft, the agency/university will consider the evidence and may require you to do certain things (like file a police report). Each case is considered on an individual basis, so there is no guarantee that you will be released from a debt but we try to be sure that we are collecting debts that are properly owing.
This is a very old debt. Why are you still collecting on it?
Per Ohio Revised Code section 131.02(F)(2), we have 40 years to collect most state debts.
Where do I send my payments?
Payments should be mailed to: Ohio Attorney General’s Office, Collections Enforcement Section, P.O. Box 89471, Cleveland, OH 44101-6471.
Why am I being charged collection costs?
Collection costs are added by statute (Ohio Revised Code section 109.081). The Collections Enforcement Section is funded by the fees that are collected when collecting delinquent accounts.
Why can’t I pay online if I have multiple accounts?
The online payment system is being upgraded to allow payments for multiple accounts. In the meantime, if you want to make an immediate payment on a particular account, call us during regular business hours and we can take payments over the telephone.
Why did the agency/university give you my account to collect?
Under Ohio Revised Code section 131.02, all delinquent state debt is collected by the Attorney General.
Why do I owe this debt, or, what is this about?
You should have received a collection notice or letter from a state agency or college. Call us for specific details. The telephone number for the unit to call will be on that letter.
A home improvement contractor asked me for payment upfront. Should I pay?
Many contractors require some type of payment up front, but be cautious about paying a contractor a large sum of money in advance. Pay a reasonable down payment – perhaps 20 percent of the total cost – but reserve final payment until the job is fully completed to your satisfaction. Always get a receipt for partial payments or deposits.
I received a flier in the mail offering home improvement services. Should I hire this company?
Before you do, check to see if there are any complaints on file against the company with the Ohio Attorney General's Office (www.OhioAttorneyGeneral.gov/SearchConsumerComplaints) and the Better Business Bureau (www.BBB.org). Even if you don’t find any complaints, be wary—it may be a new business without a proven record. It’s usually best to use someone recommended by a trusted friend or family member.
Can I rely solely on what the car salesperson tells me?
As with all important purchases, make sure that all promises are in writing and contained in the contract, and carefully read the fine print of all contracts.
Do I have the right to an estimate for a car repair?
If the work will cost more than $50, you usually have the right to an estimate. You can choose a verbal estimate, a written estimate, or no estimate at all.
Can a repair shop charge me more than the estimate?
If the shop determines that the repair cost will increase by 10 percent or more of the original estimate, it generally must get your approval first. Without your permission, it can’t start the extra repairs. The shop also can’t tell you a repair is necessary when it’s not or substantially underestimate the expected cost.
How many days do I have to return a car?
Generally, none. There is no right to cancel a car purchase under Ohio law.
I just bought a used car “as is,” but my mechanic says it needs several repairs. Does the dealer have to pay for the repairs?
In most cases, no. Because you bought the car “as is,” you are generally responsible for any repairs, absent fraud or concealment on the dealer’s part. If possible, take a vehicle to your own mechanic for inspection before you buy it.
What is a "lemon?"
A “lemon” is a new motor vehicle that has one or more problems, covered by the warranty, that significantly impair the vehicle’s use, value or safety.
What is covered under Ohio’s Lemon Law?
Generally, Ohio’s Lemon Law only applies to new motor vehicles since it covers vehicles during the first 12 months or first 18,000 miles of use, whichever comes first. If you have problems with your vehicle during this protection period, take the vehicle back and ask the dealer or manufacturer to fix those problems. In most instances, if the vehicle cannot be repaired after a reasonable number of attempts, you have the legal right to ask the dealer or manufacturer to replace the lemon or refund the entire purchase price.
Ohio’s Lemon Law applies to motor vehicles only, not appliances or other household products.
What's the best way to research a used car's history?
Before you buy a used vehicle, find out its Vehicle Identification Number (VIN) and run a title search with the National Motor Vehicle Title Information System at
www.vehiclehistory.gov. Check on issues such as flood damage through the National Insurance Crime Bureau at
www.nicb.org. Always test drive the vehicle and have it inspected by a trustworthy independent mechanic.
What are the risks of buying a car on the Internet?
In some cases, online dealers fail to deliver the vehicle, costing the consumer thousands of dollars. In other instances, there may be problems obtaining the title. Also, a picture that a dealer posts online could have been taken years ago or it could mask serious problems like interior damage.
Are stores required to issue refunds on previous purchases?
Stores are not required to issue refunds. However, if they do not offer refunds, the store must clearly post a sign stating its refund policy.
How can I find out if an online car dealer is reliable?
Do plenty of research. An online auto dealer should be licensed to sell cars in Ohio, so check with the Ohio Bureau of Motor Vehicles at
www.BMV.Ohio.gov to make sure it is.
If I buy a car online, am I still protected by Ohio’s consumer laws?
Yes, online vehicle dealers must follow Ohio laws if they do business with Ohio consumers. However, be careful before buying a car online. If you have any problems before, during, or after the sale, it may be hard to contact the dealer. Be skeptical if a seller asks you to wire funds or pay a deposit to “hold” a vehicle. The seller may be a scam artist who is trying to steal your money, not sell you a car.
The dealer didn't deliver my title on time — what should I do?
You should file a complaint with the Ohio Attorney General’s Office. We’ll work with the Bureau of Motor Vehicles and the dealership to try to get your title. We also administer a program called the Title Defect Rescission Fund. If the used car dealer does not file an application for a certificate of title in your name within 40 days from the date of purchase, you have an unconditional right to request to cancel the transaction from the dealer, and if the dealer does not cancel the transaction, you may apply to the Title Defect Rescission Fund for a refund by filing a complaint with the Ohio Attorney General’s Office.
What is a title?
A certificate of title is a document that proves ownership of a vehicle. Vehicle titles are issued by the Bureau of Motor Vehicles (BMV).
My temporary tags are about to expire and I still don't have the title — what should I do?
You can get one more 30-day tag by going to the Bureau of Motor Vehicles. Take your ID and your purchase agreement. You cannot get another tag directly from the dealership.
How can I get a debt collector to stop contacting me?
Federal law protects you against being harassed by debt collectors. Write the collector a letter asking that they not contact you anymore. To ensure that the collector receives the letter, send it via certified mail.
However, if the debt belongs to you, even if a debt collector stops contacting you, you still owe the debt.
What should I do if a debt collector is contacting me and I believe I do not owe the debt, or I want proof of the debt?
While there are con artists who try to scam consumers by claiming they owe debt, if you believe a legitimate debt collector has contacted you about debt you do not owe, you can dispute the debt. Send a letter to the debt collector stating your reasons for the disputing the debt. The debt collector must cease contacting you until they verify that the debt is valid.
How can I get help settling my debts?
Paying down debt is hard work. There is no quick fix. If you want to settle your debts, explore multiple options, such as contacting your creditors yourself to try to negotiate a reduced balance, working with a nonprofit credit counseling agency, or working with a reputable business. Beware of scams and false promises to erase your debt. You can contact a certified, nonprofit credit counselor by calling the National Foundation for Credit Counseling at (800) 388-2227.
What are the risks of debt relief programs?
Some of these programs do not comply with state or federal law and may charge you hundreds or thousands of dollars before doing any real work, even though federal regulations prohibit them from charging advance fees before providing any services. Additionally, some services may tell you to stop paying your creditors and promise to pay them on your behalf. Be aware that you still are obligated to pay your creditors during this time. Any time you stop making payments to your creditors, you risk damaging your credit rating and owing more in late fees and interest.
How can I improve my credit score?
Always pay your bills on time; keep your balance below 30 percent of your credit limit; don’t close old accounts (a longer history is better); don’t apply for lots of new credit in a short period of time; and use a variety of credit accounts, such as credit cards, a mortgage loan and a car loan. Also check your credit report(s) for errors and report them to the credit reporting company that issued the report (Equifax, Experian or TransUnion).
What information is in a credit report?
Your credit report contains the following information:
- Personal information: name, address, Social Security number, date of birth and employment.
- Account information: type of credit account, date you opened the account, credit limit or loan amount, account balance and payment history.
- Inquiries: a list of lenders who have accessed your credit report.
- Negative items: delinquency reports made by your lender when you have missed a payment, overdue debt from collection agencies and public record information such as bankruptcies, foreclosures, tax liens, garnishments, lawsuits and judgments.
What is a credit report?
A credit report tracks an individual’s credit history. If you have a credit account in your name, such as a credit card or car loan, you should have a credit report from each of the three credit reporting companies: Equifax, Experian and TransUnion. Your credit reports indicate how you use credit, including whether you pay your bills on time.
Can the State of Ohio file a lawsuit for me?
No. The Ohio Attorney General’s Office does not represent individual citizens in court to resolve their problems with a business. Any individual lawsuits must be filed by you or your legal counsel. The Ohio Attorney General’s Consumer Protection Section has an informal dispute resolution process that helps to resolve complaints outside of the formal legal process.
Where can I get my free credit report?
You can check each of your three credit reports for free once a year at
www.annualcreditreport.com or by calling (877) 322-8228. Note that federal law provides that your credit report is free once a year, but not your credit score.
What is a credit score?
A credit score is a number that indicates how “credit-worthy” you are. Factors that impact your credit score may include your payment history, the amount owed to creditors, your length of credit history, any newly opened credit, and the types of credit you are using.
Do I have a three-day right to cancel any contract or purchase I make?
No, under Ohio law, the right to cancel a contract or purchase applies only to certain types of contracts. For example, if you sign a contract in your home, then you have three business days to cancel it, in writing.
Does Saturday count as a business day with regard to the three-day right to cancel?
Yes, business days are Mondays through Saturdays. Sundays and legal holidays, such as the Fourth of July, are not considered business days under Ohio law.
How do I file a complaint against a business?
You can choose to file a complaint at the Ohio Attorney General’s Consumer Protection Section
online; by phone at 800-282-0515; or through the postal mail after requesting and receiving a hard copy of the office’s complaint form. Please provide all of the information necessary to help explain your issue with the business and what you have done to resolve it.
I signed up for a free trial offer, so why am I being charged?
By accepting a free trial offer, you may have enrolled in a program to continue to receive the product after the free trial period. Read the terms of your contract or agreement. Look for the amount of time you had to cancel before charges were applied. Also look for instructions on how to cancel during the trial period. A business must clearly disclose that you will be charged for additional goods or services.
If I have a contract that renews automatically, is the company required to send me a reminder before the renewal date?
No. The company doesn’t have to send you a reminder unless one is required by your contract.
When purchasing items online, what’s the best way to pay?
It’s usually best to pay with a credit card. If there’s a problem, you can dispute the charges with your credit card provider.
I received a check and a letter in the mail that said I won a foreign lottery. The letter says I should deposit the check, wire transfer some of the money back and keep the rest. Is this real?
No, this is a fake check scam. Although the check may look real, it’s not. If you deposit it, the full amount will be deducted from your account. Any time you get an unexpected check in the mail, be suspicious. Also watch for fake check scams when selling goods online. A buyer might “overpay” by sending you a check for more than the purchase price and then ask you to send back the extra money. This is another fake check scam. The buyer’s check is fake, and you will lose any money you send.
What are some signs that someone may be trying to scam me?
Some red flags of a scam include if someone:
- Asks you to wire money or purchase a prepaid money card.
- Pressures you to “act now!”
- Guarantees you’ll make money.
- Tells you to send money in advance to secure or ensure a loan or grant.
- Claims you’ve won a contest you’ve never heard of or entered.
- Tells you to pay a fee to receive your “prize.”
- Requests your personal information.
- Asks for a large down payment.
- Refuses to provide written information or contact information.
- Asks you to send money out of the country
How can I sign up to be on the Do Not Call Registry?
You can register your phone number (landline and/or cell phone) with the National Do Not Call Registry by calling (888) 382-1222 or visiting
www.donotcall.gov.
I received an e-mail from my bank asking me to confirm my personal information. It looks real, so should I follow the instructions on this e-mail?
No. This is a scam called phishing. Never reply or follow the links on these types of e-mails even if they look real. Trustworthy companies and financial institutions will not ask you to change or confirm your personal information via e-mail. If you are concerned about your account, directly contact your bank using a phone number or website you know to be correct, not the number or site provided in the e-mail.
Is the phone number on my caller ID display always accurate?
Be aware that scammers can disguise or “spoof” the number that appears on your caller ID. The caller ID may show a local area code, even though the call actually is coming from a scammer elsewhere, possibly in another country.
Are offers for “mystery shopping” jobs legitimate?
Rarely. If you get a letter in the mail saying you’ve been selected as a mystery shopper, be skeptical. The “job” may require you to “evaluate” the money transferring system at a local store by cashing a check and wire transferring some of the money. This is a fake check scam, and if you follow the instructions, you will only lose money, not make it.
I have received an unexpected call from someone saying they’re from Microsoft, Windows, or a legitimate-sounding tech support or anti-virus software company. They tell me my computer has a virus. What should I do?
Hang up the phone. A popular scam has resulted in many Ohioans receiving calls from someone who claims their computer has been infected by a virus or other malicious software. The scammer attempts to convince the unsuspecting consumer into paying to have the “problem” fixed. Ultimately, the scammers will request remote access into the consumer’s computer, supposedly to install antivirus software to resolve the issues. Remote access allows someone to gain access to a computer through the Internet and free downloadable software. Once you give an unexpected caller remote access, you have compromised any personal information on your device as well as opened the door to malicious software being loaded onto your computer. Protect yourself and your computer by not allowing any unexpected callers remote access to your computer and by keeping antivirus software up to date.
I have received a call from someone claiming to be from the Internal Revenue Service (IRS) or the U.S. Treasury. They left a message telling me to call a certain phone number, or claim that I must take action to avoid arrest or legal repercussions. What should I do?
Hang up the phone and do not call the phone number provided in a message. If you receive an unexpected phone call from someone who threatens to arrest you for not paying taxes, be very skeptical, especially if you never received any written notice. The real IRS will not demand immediate payment, refuse to provide written information, or demand payment methods preferred by scammers such as a wire transfer or a prepaid card.
I received an urgent call from someone claiming to be my grandchild. They tell me they are in an emergency situation and request that I send money. What should I do?
If you get a call from a grandchild or other family member who claims to be in trouble, ask questions only your real family members would know how to answer. Even if the caller asks you to “not call mom or dad,” contact your son, daughter, or other relative to see if your grandchild is ok. Don’t send money via wire transfer or prepaid card in response to an unexpected phone call. These are preferred payment methods of scammers because they are difficult to trace or recover once payment is provided.
How often do I need to renew my Do Not Call registration?
Your registration to the national Do Not Call Registry does not expire. It is permanent unless you remove your number from the list.
I am receiving unwanted calls and am already registered on the national Do Not Call list. What should I do?
Most telemarketers must stop calling you once your number has been on the registry for 31 days. Even if you are registered, charities, political organizations, and telephone surveyors may continue to contact you. Companies with which you do business also may continue to call unless you tell them to put you on their internal do not call list. To file a complaint, you may go to
www.donotcall.gov or call (888) 382-1222. You may also file a complaint with Ohio Attorney General Dave Yost's office either by phone (800) 282-0515 or online at
https://www.ohioattorneygeneral.gov/Individuals-and-Families/Consumers/File-A-Complaint.aspx.
What do I do if a credit card or loan was taken out using my personal information?
The immediate steps to take include:
- Contact the creditor and ask the account be closed immediately. Get new account numbers and change passwords and PINs.
- File a report with your local law enforcement.
- Place an initial fraud alert on your credit reports by contacting any of the three major credit reporting agencies.
- Review your credit reports from all three credit reporting agencies at www.annualcreditreport.com, looking for errors.
- Contact the Ohio Attorney General’s Office as a potential victim of identity theft.
I received an unwanted email or text message—what should I do?
Rules by the Federal Communications Commission (FCC) ban businesses from sending unsolicited texts when using an auto dialer, which is a technology that is used by most commercial spammers. Exceptions include when a company has received consent from a consumer or the communication is “for emergency purposes.” The FCC has requirements for unsolicited emails and texts from a business as well, such as the need to include a way to unsubscribe as well as an honest disclosure of who the sender of the message is. If you believe these rules have been violated, you can file a complaint with the
FCC. The Federal Trade Commission (FTC) also accepts
complaints about unwanted emails sent to computers from businesses.
Can telemarketers call me on my cell phone?
Most telemarketers should not call you on your cell phone because federal regulations prohibit them from using auto dialers to call cell phones. However, you can register your cell phone number with the National Do Not Call Registry by calling (888) 382-1222 or visiting
www.donotcall.gov.
How do I correct information on my credit report that isn’t mine?
Contact the credit reporting agency and dispute the information. If the information is the result of identity theft, file a police report and provide a copy of the report to the credit reporting agency. You may want to place an initial fraud alert on your file if you suspect identity theft; that initial fraud alert will stay on your file for one year.
What do I do if there is a warrant out for my arrest but I have not committed any crimes?
If you believe a legitimate law enforcement agency has an arrest warrant wrongly issued in your name, contact the Ohio Attorney General’s Bureau of Criminal Investigation (BCI) at 740-845-2000. BCI can provide direction on steps to clear your information from the warrant.
What’s the difference between a credit freeze and an initial fraud alert?
A
credit freeze stops new credit from being issued in a customer’s name by those companies that check credit from the three major credit reporting agencies. A credit freeze must be lifted by a consumer if they decide they need new credit. Freezing, lifting, and removing a credit freeze is free.
Equifax: Equifax Security Freeze, P.O. Box 105788, Atlanta, GA 30348
Experian: P.O. Box 9554, Allen, TX 75013
TransUnion: Fraud Victim Assistance Division, P.O. Box 2000, Chester, PA 19016
An
initial fraud alert notifies companies opening new credit in a customer’s name that their identity should be verified. The initial alert can be placed by calling one of the three credit reporting agencies; that agency is then responsible for contacting the other two agencies. Instituting an initial fraud alert is often a wise step if a customer is concerned that their personal information has been compromised due to a data breach. This alert, which lasts for one year, can be requested by phone or online.
Equifax: 800-525-6285;
www.equifax.com
Experian: 888-397-3742;
www.experian.com
TransUnion: 800-680-7289;
www.transunion.com
In addition, an
extended fraud alert is available to victims of identity theft and lasts seven years.
What do I do if someone has used my medical benefits to obtain services?
Report this situation to your insurance company and medical provider. Your medical provider will likely have internal protocols to follow.
What should I do if I believe someone has obtained an Ohio Driver’s License or Ohio Identification Card using my identity?
Contact the Bureau of Motor Vehicles at
www.bmv.ohio.gov or call 844-644-6268 (OHIOBMV).
How do I protect my information if my wallet or purse is lost or stolen?
File a police report with local law enforcement. Contact your credit card companies and banks (for debit and ATM cards) to close existing accounts and assign new account numbers. Obtain replacement identification. If you had insurance cards stolen, contact your insurance providers. If your Social Security card was stolen, notify the Social Security Administration at 800-772-1213 or
www.socialsecurity.gov.
What do I do if my personal information was used to file a fraudulent tax return?
If a federal tax return was filed, notify the Internal Revenue Service (IRS) by filing
IRS Form 14039. More information can be found at
https://www.irs.gov/individuals/identity-protection. If an Ohio tax return was filed, notify the Ohio Department of Taxation by filing out its
Identity theft affidavit.
What do I do if my passport was stolen?
Contact the U.S. Department of State through a field office or at
www.state.gov.
If my credit, debit, or ATM card is lost or stolen, and used for unauthorized transactions, how long do I have to report it to my credit card company or bank? What are my potential financial losses?
You should report all lost and stolen cards as well as unauthorized charges as soon as possible. With respect to reporting and liability limits, credit and debit cards fall under separate federal laws:
- Credit cards fall under the Fair Credit Billing Act, where your liability cannot exceed $50. If you report the loss before any unauthorized transactions occur, or if your credit card number is stolen and not the physical card, you are not liable for any unauthorized purchases.
- ATM and debit cards fall under the Electronic Fund Transfer Act. If you report a missing or stolen card before someone uses it for unauthorized purchases, you are not liable. If your debit card number was used but not the physical card, you are not liable provided you report the incident within 60 days of when the monthly statement was mailed to you. If the physical ATM or debit card is lost or stolen, and charges are made prior to your report, your maximum liability depends on how quickly you report the issue.
- If you report the incident within two business days after you discover the loss, you are liable for up to $50.
- If you wait longer than two business days after you discover the loss but less than 60 calendar days after the monthly statement is sent to you, you are liable for up to $500.
- If you wait more than 60 calendar days after the monthly statement is sent to you, you are liable for all of the unauthorized transactions
How can I get money back if my bank account or credit card was compromised?
If your bank account or credit card has been compromised, you should contact your financial institution or credit card company immediately. The sooner you make contact, the better your odds at getting the situation resolved.
How can I find out about the status of my case filed in the Ohio Court of Claims?
Visit the Ohio Court of Claims Case Information Web site to find out about the status of your case or to download copies of pleadings.
How long will it take for my case to be heard and resolved by the Ohio Court of Claims?
Visit the Ohio Court of Claims Case Management Timeline Web site for information about the expected timeframe for a lawsuit filed in the Ohio Court of Claims.
What is the difference between the Ohio Court of Claims and the Attorney General’s Court of Claims?
The Ohio Court of Claims hears and decides all civil lawsuits for monetary damages filed against the state of Ohio. It is part of the Ohio Supreme Court system. The Ohio Attorney General's Court of Claims Defense Section, on the other hand, represents and defends the state of Ohio in civil lawsuits filed in the Ohio Court of Claims.
What is the statute of limitations for lawsuits filed in the Ohio Court of Claims?
Generally, there is a two-year statute of limitations on claims for monetary damages brought against the state of Ohio in the Ohio Court of Claims.
Who can be sued in civil lawsuits filed in the Ohio Court of Claims?
The state of Ohio is the only defendant in the Court of Claims. That includes the General Assembly, the Supreme Court, the Court of Claims, the offices of all elected state officials as well as state departments, boards, offices, commissions, agencies, institutions, colleges, universities, and other entities.
Can a debt still affect my credit even if it’s several years old?
Even if your debt is several years old and the deadline for filing a lawsuit to collect it has expired, your debt still may be reported to the credit reporting companies and will negatively affect your credit score. Accurate negative information may stay on your credit report for up to seven years; bankruptcies stay on your credit report for 10 years.
How can I get a debt collector to stop contacting me?
Federal law protects you against being harassed by debt collectors. Write the collector a letter asking that they not contact you anymore. To ensure that the collector receives the letter, send it via certified mail.
However, if the debt belongs to you, even if a debt collector stops contacting you, you still owe the debt.
May a debt collector call me at work?
Yes, but you can specifically request not to be contacted at work. Also, if the debt collector knows that your employer disapproves, the collector may not contact you at work.
May a debt collector contact other people about my debt?
If debt collectors know you have an attorney, they can contact the attorney and no one else. Otherwise, they can contact others, such as neighbors or relatives, but only to find out how to reach you. They cannot contact third parties for any other reason unless you have given them prior consent to do so.
My debt is several years old. Can debt collectors still collect?
Yes. Debt does not expire or disappear until you pay it. If a debt is valid, you still owe it until you pay it off, no matter how much time passes. However, the law limits the amount of time during which a debt collector may take legal action to collect a debt. Statutes of limitation vary depending on the type of debt.
What are my rights regarding debt collection?
A debt collector must send you an initial letter within five days of contacting you to tell you the amount of the debt you owe, the name of the creditor to whom you owe the debt, your rights to dispute the debt and how to request verification of the debt.
Debt collectors may not:
- Use false names or statements, such as falsely implying that they are attorneys, government representatives or credit bureau representatives
- Threaten you or your family with harm
- Use obscene words when talking to you
- Contact you before 8 a.m. or after 9 p.m.
- Contact you without identifying themselves
- Tell others about your debt or publish the names of those who owe debts
- Falsely represent that you have committed a crime
- Misrepresent the amount you owe on your debt
What happens if I get sued by a debt collector?
If you get served with court papers, do not ignore them. Open and read them carefully. In Ohio, you have 28 days after you have been served with court papers to answer or respond to the complaint. If you disagree with the amount of money claimed, or you do not believe you owe the money, you should respond. This is called filing an answer.
Always read all correspondence you get from a court or debt collector’s attorney. These papers contain important information about court dates and other obligations.
For more information about getting sued by a debt collector, visit Ohio Legal Services at www.ohiolegalservices.org. To find a civil legal aid provider, call (866) LAW-OHIO (866-529-6446).
What if I believe I do not owe the debt or I want proof of the debt?
If you wish to dispute the debt or request verification of the debt, send a letter requesting verification of the debt to the debt collector within 30 days of receiving the initial letter. The debt collector must not contact you again unless the collector sends proof that you owe the money.
What laws protect me from abusive debt collectors?
The federal Fair Debt Collection Practices Act and the Ohio Consumer Sales Practices Act protect consumers from abusive, deceptive and unfair debt collection practices. Although the law requires debt collectors to treat you fairly and prohibits certain methods of debt collection, it
does not erase any legitimate debt that you owe.
What legal action can I take against a debt collector?
If you believe a debt collector has violated the federal Fair Debt Collection Practices Act or Ohio Consumer Sales Practices Act, you may sue the collector in federal or state court within one year from the date the violation occurred.
Where can I file a complaint about a debt collector?
If you have a problem with a debt collector, you may file a complaint with the Ohio Attorney General’s Office at
www.OhioAttorneyGeneral.gov/Individuals-and-Families/Consumers/File-A-Complaint or (800) 282-0515 and with the Federal Trade Commission at
www.ftc.gov or (877) FTC-HELP (877-382-4357).
Where can I get a lawyer?
Legal aid programs in Ohio provide legal assistance to low-income Ohioans. Contact your local legal aid program at (866) LAW-OHIO (866-529-6446) or visit
www.ohiolegalservices.org.
Which debts are covered under consumer protection laws?
The federal Fair Debt Collection Practices Act and the Ohio Consumer Sales Practices Act cover consumer debts used primarily for personal, family or household purposes, such as credit cards, auto loans, utility bills, medical bills, mortgages and some student loans. They
do not cover debt owed to a governmental agency, such as unpaid parking tickets, child support or taxes.
Who is a debt collector?
If you fall behind on money you owe to a creditor, you may be contacted by a debt collector. A debt collector is anyone who regularly collects or tries to collect debts
owed to others. This term applies to attorneys who collect debts on a regular basis, but it
does not apply to original creditors collecting their own debts.
Who is a debtor?
If you use credit cards, personal loans, home mortgage loans or automobile loans, you are a debtor who owes money to a creditor (such as your bank or credit card provider).
How do I complain about the conditions in a nursing home or the care/treatment of my family member who is a resident?
The Ohio Department of Health investigates complaints against nursing homes as well as the employees who work in nursing homes. Complaints range from poor conditions of the facility to abuse, neglect and theft involving residents. Contact information is provided as follows:
Nursing Home Complaints
Ohio Department of Health
Attn: Nursing Homes/Facilities
246 North High Street, 3rd Floor
Columbus, OH 43215
Telephone: (614) 752-9524
Fax: (614) 564-2450
E-mail:
LICCERT@odh.ohio.gov
Complaints against employees
Ohio Department of Health
Attn: Nurse Aide Registry
246 N. High Street
Columbus, OH 43215
Telephone: (800) 582-5908 (in-state) (614) 752-9500 (out-of-state)
Fax: (614) 564-2461
How can an individual report suspected abuse, neglect, misappropriation of an individual with developmental disabilities?
How can an individual with developmental disabilities apply to become enrolled on a Medicaid Waiver?
How can I find a certified ODADAS provider in my area?
Go to
www.odadas.ohio.gov and click on the “Ohio Regional Map-Treatment” for a list contacts divided by region, throughout the state of Ohio.
The standards for certification can be found at
www.odadas.ohio.gov and the application can be obtained by calling 614-644-8317 or by visiting
www.odadas.ohio.gov and visiting the “certification section” and downloading the “application.”
Call (614) 466-6670 or e-mail
reportfraud@dodd.ohio.gov. You can also make an anonymous call to the Ohio Attorney General’s Health Care fraud section at 1-800-282-0515.
On DMH’s website, there is a map of providers in each county throughout Ohio. The map can be found at:
http://mha.ohio.gov/Default.aspx?tabid=790. You can also 1-877-275-6364 for assistance in finding a provider in your area.
What is “eminent domain?”
Eminent domain is the power of the federal, state, and local governments to take private property for public use.
If my property is taken for public use, how much compensation am I entitled to?
When property is taken or appropriated for public use, the government is required by law to pay the owner just compensation. Just compensation under Ohio law is defined as the “fair market value” of the property taken. Fair market value is the amount of money which could be obtained on the market at a voluntary sale of the property. It is the amount a purchaser who is willing, but not required to buy, would pay and that a seller who is willing, but not required to sell, would accept, when both are fully aware and informed of all the circumstances involving the value and use of the property. This should include every element that a buyer would consider before making a purchase, such as the location, surrounding area, quality and general condition of the premises, the improvements thereon and everything that adds to or detracts from the value of the property.
If only part of the property is taken, the owner may also be entitled to damages in addition to the fair market value of the property. Damages are the loss in value of the residue of the property because of its severance from the property taken
What if the property owner disagrees with the State on how much compensation the owner should receive?
In accordance with Ohio Constitution Article 1, Section 19, the owner of property taken for public use is entitled to have the amount of compensation assessed by a jury. So, if the State and the property owner cannot agree on the amount of compensation, the State will file a lawsuit called an appropriation action and there will be a jury trial to determine the amount of compensation owed.
Where does the State of Ohio get the power of eminent domain?
The Constitution of the United States and the Ohio Constitution both specifically authorize the taking of private property, both real and personal, for public use.
The Fifth Amendment to the U.S. Constitution reads:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The Ohio Constitution reads:
Article 1, Section 19: Inviolability of private property (1851)
Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war or other public exigency, imperatively requiring its immediate seizure or for the purpose of making or repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money, and in all other cases, where private property shall be taken for public use, a compensation therefor shall first be made in money, or first secured by a deposit of money; and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner.
Are there any exemptions to the FLSA?
Some employees are exempt from the overtime pay provisions or both the minimum wage and overtime pay provisions. Because exemptions are generally narrowly defined under the FLSA, an employer should carefully check the exact terms and conditions for each. Examples include executive, administrative, and professional employees (including teachers and academic administrative personnel in elementary and secondary schools), outside sales employees, and employees in certain computer-related occupations.
Is my business covered by the FMLA?
The FMLA applies to all public agencies, including state, local and federal employers, local education agencies (schools), andprivate-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including joint employers and successors of covered employers.
Is my business covered by USERRA?
USERRA covers virtually every individual in the country who serves in or has served in the uniformed services and applies to all employers in the public and private sectors, including Federal employers.
What are the FLSA’s basic wage standards?
Covered, nonexempt workers are entitled to a minimum wage of $7.25 per hour effective July 24, 2009. (NOTE: Ohio’s current minimum wage is $7.70 (scheduled to increase to $7.85 on 1/1/2013), and $7.25 for employers grossing $283,000 or less per year). Nonexempt workers must be paid overtime pay at a rate of not less than one and one-half times their regular rates of pay after 40 hours of work in a workweek.
There are a number of employment practices which the FLSA does not regulate. For example, the FLSA does not require:
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vacation, holiday, severance, or sick pay;
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meal or rest periods, holidays off, or vacations;
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premium pay for weekend or holiday work;
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pay raises or fringe benefits; or
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the number of hours in a day or days in a week an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old.
These matters are for agreement between the employer and the employees, or may be regulated by state law.
What is the FLSA?
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. MANY STATES HAVE ADDITIONAL WAGE AND HOUR REQUIREMENTS
What is the FMLA?
The Family and Medical Leave Act (“FMLA”) entitles eligible employees to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. The FMLA also allows eligible employees to take up to 26 workweeks of job-protected leave in a “single 12-month period” to care for a covered service member with a serious injury or illness.
What is USERRA?
The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) is a federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserves, National Guard or other “uniformed services:” (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present, or future military service.
What kinds of job protection are afforded to employees who use FMLA leave?
Upon return from FMLA leave, an employee must be restored to the employee’s original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.
It is unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by the FMLA. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to the FMLA.
What records am I required to keep under the FLSA?
With respect to an employee subject to the minimum wage provisions or both the minimum wage and overtime pay provisions, the following records must be kept:
- personal information, including employee’s name, home address, occupation, sex, and birth date if under 19 years of age;
- hour and day when workweek begins;
- total hours worked each workday and each workweek;
- total daily or weekly straight-time earnings;
- regular hourly pay rate for any week when overtime is worked;
- total overtime pay for the workweek;
- deductions from or additions to wages;
- total wages paid each pay period; and
- date of payment and pay period covered.
What rights do service members have under USERRA?
Reemployment: USERRA provides that returning service-members are reemployed in the job that they would have attained had they not been absent for military service (the long-standing "escalator" principle), with the same seniority, status and pay, as well as other rights and benefits determined by seniority. USERRA also requires that reasonable efforts (such as training or retraining) be made to enable returning service members to refresh or upgrade their skills to help them qualify for reemployment. The law clearly provides for alternative reemployment positions if the service member cannot qualify for the "escalator" position.
Continuation of benefits: USERRA also provides that while an individual is performing military service, he or she is deemed to be on a furlough or leave of absence and is entitled to the non-seniority rights accorded other individuals on non-military leaves of absence. Health and pension plan coverage for service members is provided for by USERRA. Individuals performing military duty of more than 30 days may elect to continue employer sponsored health care for up to 24 months; however, they may be required to pay up to 102 percent of the full premium. For military service of less than 31 days, health care coverage is provided as if the service member had remained employed.
Equal Employment Opportunities: USERRA protects all members of the uniformed services from discrimination in employment regardless of whether their uniformed service was in the past, present or future. The discrimination provisions of USERRA, set forth in section 4311, address problems regarding initial employment, reemployment, retention in employment, promotion, or any other benefit of employment.
What types of conditions qualify for FMLA leave?
An eligible employee may use leave:
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for the birth and care of a newborn child of the employee;
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for placement with the employee of a son or daughter for adoption or foster care;
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to care for a spouse, son, daughter, or parent with a serious health condition;
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to take medical leave when the employee is unable to work because of a serious health condition; or
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for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation.
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A covered employer also must grant an eligible employee who is a spouse, son, daughter, parent, or next of kin of a current member of the Armed Forces, including a member of the National Guard or Reserves, with a serious injury or illness up to a total of 26 workweeks of unpaid leave during a “single 12-month period” to care for the service member.
When is an employee eligible for FMLA leave?
To be eligible for FMLA benefits, an employee must:
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work for a covered employer;
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have worked for the employer for a total of 12 months;
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have worked at least 1,250 hours over the previous 12 months; and
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work at a location where at least 50 employees are employed by the employer within 75 miles.
What is the Federal Tax Information Safeguards Program (FTISP)?
The Ohio Attorney General’s Office has been designated by the IRS as a taxing administration agency under 26 USC § 6103(d). As a result of this designation, we must ensure that the AGO safeguards the confidentiality of the federal tax information (“FTI”) it receives as if the information was still in the hands of the IRS. To achieve this mandate, the AGO is in the process of attaining compliance with IRS Publication 1075 entitled
Tax Information Security Guidelines for Federal, State and Local Agencies. The publication can be found at
www.irs.gov/pub/irs-pdf/p1075.pdf. Contractors of the AGO whose work will involve disclosing FTI in performing their duties are also required to be compliant with Publication 1075. This includes Special Counsel and Third Party Vendors who will or may come into contact with FTI as a part of their contracted services with the AGO.
FTISP is a framework developed by the AGO and designed to maintain compliance within the organization and with our business partners. There are reporting, inspection, training, screening, and logging requirements. Additional and complete details are available in the FTISP Informational Packet.
Who is required to participate in FTISP?
Any contractor/vendor doing business with the office of the Ohio Attorney General :
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who as a part of their contracted duties will or may come into contact with FTI; and/or
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who will be less than the mandatory two barriers of protection as defined within the IRS’s Publication 1075 from FTI.
What does the reporting time line look like for FTISP?
There are several reports that you will generate and submit to the Office of the Ohio Attorney General: Linked to IA FTIS Compliance Cycle doc.
Ohio SPR (Ohio Safeguard Procedures Report) - This is the initial filing with the OAG to become a contractor that handles FTI. Additionally, this report must be filed every six years or in anticipation of a significant change in the environment within your organization. Examples would be change of IT director, relocation of servers or office space, change of executive management, etc. If you are unclear about when a new SPR is required email inquiries about your change to
OhioFedTaxInfoSecAudit@OhioAttorneyGeneral.gov.
Ohio SAR (Ohio Safeguard Activities Report)- This annual filing will be due as part of your RFQ filing to show continued efforts to become compliant. Requests for clarification will be sent as needed and must be replied to within sixty days of receipt.
Ohio CAP (Corrective Action Plan) - This report will be provided to your organization from the Internal Audit section of the Ohio Attorney General’s office; you will be required to file updates to the findings in this report every six months. This report will be provided after your Onsite Inspection.
Internal Inspection Plan – This is a document your organization should develop detailing how you plan to inspect your internal controls to safeguard the FTI provided to you by the AGO. Inspections should be conducted on an annual basis and will be part of your Ohio SAR filing.
Ohio Plan of Action & Milestones (Ohio PoA&M) - This is an internal document that will be subject to inspection during your on site visit. This should detail the source of a deficiency, when it was discovered, who reported it, plan to remediate, when remediation was completed, when and who validated the new control in place.
I read that one of the requirements under FTISP is an inspection of my business, what should I expect?
Routine inspections will occur every 18 months for some contractor/vendors and every 36 months for others.
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You will be contacted by the Ohio Attorney General’s Office Internal Audit Section prior to a routine inspection by both phone, and email.
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After the initial contact we will establish an entrance conference, during which the scope, expectation, and schedule of the inspection will be defined.
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The nature of the work your organization performs for the AGO will determine the length of the inspections. Normal situations will range from a few hours to two days.
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Once the site visit is completed, we will return to prepare our report.
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You will receive immediate notification if there are any critical deficiencies uncovered during the inspection. Otherwise, a draft report will be sent for your review.
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Finally, the report will be issued with findings and recommendations; a follow up may be scheduled as needed.
What is subject to inspection?
Any and all aspects of your organization are subject to inspection for additional guidance see the following documents that will help you to understand the scope of the inspection, ultimately the Auditor will decide what controls need to be tested:
How can I best prepare for an inspection under FTISP?
Your organization should prepare in the following manner:
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Prepare key staff members and ensure they are available to assist during the inspection as scheduled.
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Ensure records, logs, systems etc. are all available for quick simple access.
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Centrally locate policies, logs, contracts etc. in electronic form.
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Ensure your risk assessment and vulnerability testing is current.
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Review your Ohio CAP and Ohio PoA&M, be able to discuss the deficiencies you have found and how you are working toward compliance.
If I have questions regarding FTISP, how do I get them addressed?
Email your questions to
OhioFedTaxInfoSecAudit@OhioAttorneyGeneral.gov.
How should I expect my questions to be answered regarding FTISP?
If your question is regarding the general process, your answer will be posted in this FAQ for the general good, and you will be notified via email. Specific or sensitive matters will be responded to via email or a phone call to the appropriate party.
How long should I expect to wait for an answer to my questions?
The length of time may vary based on the nature and depth of the question, however you should be acknowledged within two business days.
What do you estimate will be the required financial impact on each agency to comply with this 1075 rule?
The required financial impact will vary greatly depending on the agency’s current state of compliance, size, number of contractors involved with FTI, whether the agency is solely dedicated to collecting for the OAG or has other functions in house, and how your agency implements measures to attain compliance. The OAG cannot provide an estimated cost for any agency. Internal Audit can provide some limited guidance on correcting any deficiency in compliance; however, we cannot recommend particular vendors, software, etc.
Will there be any resources made available to Special Counsel by the AG’s office for testing, legal procedures, questions etc. when dealing with IRS 1075? (Hotline, point person) ?
Internal audit will provide a number of resources to your agency and others as we work to attain and maintain compliance. However, these do not include legal assistance.
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www.OhioAttorneyGeneral.gov/FTISP is a site dedicated to the compliance process
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OhioFedTaxInfoSecAudit@OhioAttorneyGeneral.gov is a dedicated email box
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614-466-2999 is the office number for the OAG IT Internal Auditor and lead auditor for compliance measures. Calls are responded to as they come in and during the hours of 8-5 on business days
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We host events to answer questions about FTISP and the compliance process regarding IRS Publication 1075
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Internal Audit is planning onsite inspections of each Special Counsel and Third Party Vendor to validate controls and provide additional feedback
A product my business purchased was not of the quality advertised, and the seller has refused to allow us to return the product. Now we are out the money and stuck with the useless item. Can the Attorney General get my money back?
The Attorney General can assist by providing informal dispute resolution. Although we cannot guarantee a favorable outcome, the office is very successful in helping Ohioans through this process. File a complaint with the Attorney General or by calling 800-282-0515.
How can the Attorney General’s Office help my small business resolve problems we have in the marketplace?
The Attorney General works to resolve problems through informal dispute resolution. We contact the supplier with whom you have a dispute and ask that business to offer a solution that is agreeable to you. Because small businesses may not have the time and resources to take on others that have wronged them, the Attorney General’s Office stands up for small businesses that have been treated unfairly and attempts to resolve such problems.
The Attorney General’s Office also may take legal action against suppliers that exhibit a pattern of unfair and deceptive behavior. If we do take legal action against suppliers, your complaint may serve as the basis for that action and be used as evidence against them.
While it isn’t practical to take legal action in all disputes reported to our office, we work to bring the supplier into compliance if we observe an actionable pattern of unlawful behavior. This sometimes includes filing a lawsuit. We do not represent individual consumers or businesses, but rather act on behalf of the public in representing the state of Ohio.
My business entered into a contract to provide another company with certain goods or services. The company accepted the goods or services, but has failed to pay the associated charges. What recourse do we have?
Because this involves a breach of contract, you should contact private legal counsel. If you do not have an attorney, your local bar association can make a referral.
My business received an invoice for copier toner. This purchase was not recorded or approved. How can the Attorney General help?
The Attorney General can provide informal dispute resolution for this matter on your business’s behalf.
File a complaint with the Attorney General or by calling 800-282-0515.
My company is facing a lawsuit for breach of contract. Can the Attorney General provide legal assistance with this matter?
No, the Attorney General cannot act as private legal counsel for individuals or businesses. If you do not have an attorney, your local bar association can make a referral.
Our business provided repairs to an individual who didn’t pay or paid with a bad check. Can the Attorney General collect on our behalf?
No, the Attorney General cannot pursue collection on behalf of a business or individual. If the complaint is against another business, please contact your local Better Business Bureau. You also may seek private counsel from an attorney. If you do not have an attorney, your local bar association can make a referral.
We have taken a company to court because of shoddy workmanship. The judge ruled in our favor and awarded a judgment against the company. Even with the judgment in place, the company has not returned our money. Can the Attorney General help us collect this judgment?
The Attorney General cannot assist in a matter of this nature. We suggest you contact the court in which the judgment was awarded for information on how to collect.
What business-related problems can the Attorney General’s Office not help me with?
Because the office only handles complaints about the solicitation or purchase of goods or services, we cannot help if your business has not been paid for goods or services that you provided to another business. For example, if you own a landscaping company and perform a service for a business or residential client who then refuses to pay you, the Attorney General’s Office cannot intervene. If you have a complaint of this nature with another business, you should contact your local Better Business Bureau (www.bbb.org) or seek private counsel from an attorney. If you do not have an attorney, your local bar association can make a referral.
Also, the Attorney General’s Office cannot resolve situations in which an employee or business partner defrauds your business. In this case, you should contact local law enforcement and seek private counsel.
What problems can the Attorney General’s Office help small businesses resolve?
The Attorney General’s Office accepts complaints from businesses that have been victims of unfair, deceptive or fraudulent business transactions. A business transaction occurs when you purchase — or are solicited to purchase — goods or services from another business. This can include buying office supplies, hiring a locksmith, securing advertising, having a Web site built or any number of other things.
These transactions can go wrong at various junctures: when you order a product that’s not delivered, you are charged for a purchase you didn’t authorize, the quality of the product is poor, you were overcharged, etc. If you are the victim of an unfair or deceptive business transaction, you should file a complaint with the Attorney General.
File a complaint with the Attorney General or by calling 800-282-0515.
Where can I view the budget for the Ohio Attorney General’s office?
You may view budget information for the State of Ohio, including the Attorney General’s office, on the Legislative Service Commission web site.
A company says it will review my loan documents for a fee. Should I pay?
No. Never pay for foreclosure assistance—real help is available for free. Scammers might ask you to send money so that so-called experts can review your files. After you pay, however, you’ll receive a fake document that only looks as if it’s been filed with the court. For real foreclosure assistance, contact Save the Dream Ohio at (888) 404-4674.
A letter I received from the federal government says I need to pay or else I’ll miss out on special bailout funds. What should I do?
Don’t send any money. This is a scam. The government will never charge you money in exchange for foreclosure assistance.
An investor offered to buy my house and rent it back to me. Now the investor is asking for the deed to my house—should I give away my deed?
No. This is a foreclosure rescue scam. Despite the offer, the investor will never make payments on your mortgage loan, which still has your name on it. The bank will take foreclosure action against you and once the case ends, you’ll be evicted.
Are there federal programs that can help me?
The Homeowner Affordability and Stability Plan may help you refinance or modify your loan.
How can I get a free copy of my credit report?
To get a free copy of your credit report, visit www.AnnualCreditReport.com.
How long does a foreclosure take?
In Ohio, the foreclosure process can take anywhere from six to 18 months or longer.
How long will a foreclosure action or bankruptcy stay on my credit report?
A foreclosure stays on your credit report for seven years, and a bankruptcy stays on for 10 years. The impact of both to your credit score will decrease over time. For more information about credit reports and your credit score, visit the Federal Trade Commission online here.
I rent my home and think my landlord is in foreclosure. Does the law protect me?
Tenants who live in foreclosed residential properties are allowed to stay in their homes until they are given at least 90 days advance notice to vacate, with the buyer as the new landlord. Moreover, if the tenants have a current lease, they are entitled to stay until their current lease expires, unless the buyer or some subsequent purchaser intends to move into the home and make it their primary residence – in which case, the tenants still must be given at least 90 days advance notice to vacate before they can be required to move out.
For more information, please visit the National Low Income Housing Coalition to access the Renters in Foreclosure Toolkit. Also, for any tenant who needs help in asserting their rights under the new law, the local legal aid program in your area may be able to provide legal assistance. To find and contact the legal aid program in your area, visit Ohio Legal Services or call (866) LAW-OHIO (529-6446).
If I’m in foreclosure, what help can I expect from my lender?
Your lender may be able to offer you one of the following (often for a fee):
- Forbearance: A temporary reduction or suspension of your house payment.
- Repayment Plan: A temporary increase of your house payment for a specific amount of time in order to catch up on missed payments.
- Refinance: A new loan at a lower interest rate to reduce your house payment.
- Mortgage Modification: A lower house payment achieved through a lower interest rate, a reduced principal amount or a longer term of your current loan.
- Short Sale: Your lender allows you to sell your property for less than full payoff.
- Deed-in-Lieu of Foreclosure: Your lender allows you to “give back” your property to satisfy your debt.
Should I pay a company to help save my home from foreclosure?
No. Do not trust companies that ask for money in exchange for helping you negotiate with your lender to save your home. This is a foreclosure rescue scam. Never pay for foreclosure prevention services. Real help is available, and it’s free. For foreclosure assistance, contact Save the Dream Ohio at (888) 404-4674.
Should I stay in my home if a foreclosure action has been filed against me?
Yes. Stay in your home as long as possible. Keep it in good condition. Some banks decide not to go through with a foreclosure action, which would mean you would still be responsible for your home.
What if I can’t get help from my lender?
Contact Ohio’s foreclosure prevention resource, Save the Dream Ohio, at (888) 404-4674.
What is foreclosure?
Foreclosure is the legal process a lender uses to take back a piece of property.
What is Save the Dream?
Save the Dream Ohio is the state’s effort to help Ohioans avoid foreclosure. This multi-agency effort offers free help. Call (888) 404-4674 between 7 a.m. to 7 p.m. Monday through Friday to receive referrals to housing counseling, legal assistance and more.
What should I do if I get a certified letter from the clerk of courts?
- If you haven’t paid your house payment, it is probably a foreclosure action. Open it and take action. Contact Save the Dream Ohio at (888) 404-4674 for help.
- File a foreclosure answer. You only have 28 days to file an answer with the court, even if you are talking with your lender to work it out. Failure to file an answer will result in the loss of your home. An answer may be written in a legal document or as a simple letter.
- Look for information about mediation in your court documents. If you don’t find any, ask the judge assigned to your case to refer your case for foreclosure mediation. Foreclosure mediation, available in every Ohio county, helps borrowers and lenders reach mutual agreement to resolve the foreclosure action. Find out more about foreclosure mediation. Get information for local court mediation contacts from the Ohio Supreme Court.
What should I do if I get behind on my house payment?
As soon as you know you won’t be able to make your payment, take the following steps:
- Call your lender. Ask for the loss mitigation department. Be honest about your situation so the lender can give you the best options. If your lender does not help you, call Save the Dream Ohio at (888) 404-4674.
- Stay in your home. If you leave your home, you may lose some of your rights. Also, vacancy can lead to vandalism, and you could be held responsible for those damages
- Open your mail. Government and non-profit agencies may mail you information to help you keep your home.
- Beware of scams. There are companies who will promise to help you for a fee, but often they take your money and do nothing. For more information or to report scams, click here or contact the Attorney General’s Help Center at (800) 282-0515. For referral to a government-approved housing counseling agency who will work with you for free, contact Save the Dream Ohio at (888) 404-4674.
Visit Resources for Charities on Charitable Ohio for more information.
What is Medicaid Fraud?
The medical assistance program, or Medicaid, is a vital program that provides health care benefits to low income and medically fragile Ohioans of all ages. The program is administered by the Ohio Department of Job and Family Services, which contracts with providers (e.g. doctors, dentists, hospitals, nursing homes, and medical equipment suppliers, etc.) to deliver needed goods and services to eligible Medicaid recipients, and then reimburses the providers for the goods and services they deliver.
When providers knowingly make false or misleading statements in association with claims for reimbursement of goods or services under the Medicaid program, they commit the criminal offense of Medicaid Fraud, codified in Ohio law at Revised Code Section 2913.40. Examples of Medicaid Fraud schemes include: billing for products and services not delivered; billing for a more expensive product or service than was actually delivered; billing separately for services that should be billed together; billing twice for the same product or service; dispensing generic drugs and billing for brand-name drugs; denying services to eligible recipients or not providing the level of service medically necessary/required; and submission of false information on Medicaid cost reports. The statute also prohibits Medicaid providers from charging co-pays and prohibits the payment of kickbacks or rebates in connection with the delivery of goods or services for which Medicaid reimbursement is sought.
We all share the cost of this $23 billion a year program, and provider fraud costs the taxpayers of this state millions of dollars each year, depriving the neediest among us of the care necessary to maintain quality of life. Attorney General Yost is committed to fighting fraud and corruption in state government and the programs for which our elected officials have statutory responsibility. Ohio’s Medicaid Fraud Control Unit is recognized as one of the finest and most effective in the country, and we are working every day to safeguard the tax dollars you have entrusted to our care.
If you suspect Medicaid Fraud, or have specific knowledge of corrupt or deceptive practices by Medicaid providers, you should contact the Ohio Attorney General’s Medicaid Fraud Control Unit at 614-466-0722, or the Attorney General’s Help Center at 800-282-0515.
What is Patient Abuse/Patient Neglect?
When we entrust our loved ones to a long term care facility, we expect them to receive the best care possible. Despite the fact that most facilities take care to ensure the safety of their residents, abuse and neglect occur. Patient abuse and neglect are serious crimes. Our most vulnerable citizens are often completely dependent upon the care and services provided by the facilities in which they reside. It is tragic to think that when abuse occurs, these patients find themselves in the care of the same people that are responsible for the abuse.
Ohio Revised Code Section 2903.34 makes it a crime for any person who owns, operates, administers, is employed by, or is an agent of a care facility to abuse or neglect a resident of that facility. The term “care facility” applies to nursing homes, group homes, residential facilities run by the Department of Mental Health or Mental Retardation and Developmental Disabilities, and long term care units of hospitals.
Ohio Revised Code Section 2903.33 defines “abuse” as “knowingly causing physical harm or recklessly causing serious physical harm to a person by physical contact with the person or by the inappropriate use of physical or chemical restraint, medication, or isolation.” It is a violation of this statute for staff to use a restraint, medication, or isolation as “punishment, for staff convenience, excessively, as a substitute for treatment, or in quantities that preclude habilitation and treatment.” This same statute defines “neglect” as “recklessly failing to provide a person with any treatment, care, goods, or services that is necessary to maintain the health or safety of the person when the failure results in serious physical harm to the person.”
Attorney General Yost has statutory authority to investigate these crimes and he is committed to ensuring the safety of Ohio’s long term care facility residents. If someone you know is a victim of Patient Abuse or Patient Neglect, you should contact the Ohio Attorney General’s Medicaid Fraud Control Unit at 614-466-0722, or the Attorney General’s Help Center at 800-282-0515.
What is Workers’ Compensation Fraud?
Fraud is a hidden cost of Workers’ Compensation Insurance that impacts employers, injured workers, health care providers and the general public. Contrary to what most people believe, workers’ compensation fraud is more than just an injured worker exaggerating his medical condition or working for cash while allegedly disabled. While these things do occur, employers are also committing fraud by underreporting their payroll to receive lower premiums, and health care providers are billing for services they’ve never performed. Workers compensation fraud is costing the industry and citizens of our state millions of dollars each year.
The criminal offense of Workers’ Compensation Fraud, codified in Ohio law at Revised Code Section 2913.48, occurs when someone knowingly makes a false statement or conceals information in order to receive workers’ compensation benefits to which they are not entitled or to prevent someone from receiving benefits to which they might be entitled. As examples, injured workers may commit fraud by exaggerating their symptoms, working while allegedly disabled, failing to report income, claiming job-related injuries that never occurred, or claiming that non-work related injuries are work-related. Employers may commit fraud by underreporting payroll or misclassifying employees for lower insurance premiums, deducting premium dollars from employee’s wages, or knowingly failing to maintain necessary workers’ compensation coverage. Health care providers may commit fraud by billing for goods or services they never provided, by providing medically unnecessary goods or services, or by billing the Bureau of Workers’ Compensation and other third party insurers for the same goods or services.
Attorney General Yost has statutory authority to prosecute these crimes, and he is committed to fighting fraud and corruption in state government and the programs for which our elected officials have statutory responsibility. If you suspect Workers’ Compensation Fraud, or have specific knowledge of corrupt or deceptive practices by claimants, employers, or health care providers, you should contact the Ohio Bureau of Workers’ Compensation at 800-OHIOBWC / www.ohiobwc.com.
To whom should I report a guardian’s failure to provide appropriate/necessary care for their ward?
To whom should I report abuse or neglect of a child?
You should report such allegations to the Department of Children’s Services in the county in which the victim resides. For a county by county directory of departments, please visit:
To whom should I report abuse, neglect, or financial exploitation of an adult?
If the victim resides in an Ohio care facility, you should report such allegations to the Ohio Attorney General’s Medicaid Fraud Control Unit at 614-466-0722, or the Attorney General’s Help Center at 800-282-0515. If the victim resides in a private residence, you should report such allegations to the Adult Protective Services Agency in the county where the victim resides. For a county by county directory of departments, please visit:
To whom should I report allegations of fraud by a Medicare provider?
You should report such allegation to the United States Department of Health and Human Services, Office of the Inspector General at 800-447-8477/
www.oig.hhs.gov.
You should report such allegation to the Ohio Department of Insurance at 800-686-1526 /
www.insurance.ohio.gov.
To whom should I report allegations of misconduct or unethical behavior by an attorney or judge?
To whom should I report an individual that I believe has fraudulently obtained food stamps?
You should report such individuals to the Ohio Department of Job and Family Services at 800-627-8133 /
www.jfs.ohio.gov
To whom should I report complaints about the quality of care provided by a health care professional?
You should contact the following regulatory agencies, as appropriate:
Where can I find information about care facilities in my area?
You can search for care facilities by city, county, state, and zip code by visiting the United States Department of Health and Human Services web site at
www.medicare.gov/NHCompare
Where can I find information about complaints filed against a particular Ohio care facility?
You should contact the Ohio Department of Health’s Public Information Department at 614-466-7217 /
www.odh.ohio.gov
Where can I find information about the rights afforded by Ohio law to care facility residents?
You should contact the Ohio Department of Aging’s Long Term care Ombudsman Program at 800-282-1206 /
www.aging.ohio.gov/home
Where can I get legal assistance in matters regarding the rights of the elderly or disabled?
Visit File a Charitable Complaint on Charitable Ohio for more information.
What’s the difference between Medicare and Medicaid?
Medicare is a federal health insurance program that pays for certain health-care services for people age 65 and older or who are significantly disabled, have a sufficient work history, and have made payments into the Social Security program. Unlike Medicaid, Medicare is completely financed and administered by the federal government. Medicaid is a public health care program funded by state and federal governments. It provides necessary health care coverage to certain individuals with limited income. In Ohio, a person is generally entitled to Medicaid health care coverage for free or at a low cost if they meet specific income and eligibility requirements. More information about the Medicare program can be found at
www.cms.gov. More information about the Medicaid program can be found at
http://medicaid.ohio.gov.
What laws authorize the initiative and referendum process and explain the requirements for submissions?
Ohio Revised Code (ORC) Chapter 3519, and the Ohio Constitution, Article 2, Section 1.
What are the signature requirements for petitions?
For this initial phase of the initiative and referendum process, the petitions need to be accompanied by at least 1,000 valid signatures of registered voters. There is no geographical county requirement at this stage. Petitioners can collect signatures from registered voters in one county, all 88 Ohio counties, or any number in between.
Where should petitioners submit their materials once they gather the necessary signatures?
For initiatives, petitioners should submit all materials to the Attorney General’s Office, 30 East Broad Street, 16th Floor.
For referenda, petitioners should submit all original materials to the Secretary of State’s Office, 180 East Broad Street. Within one day, petitioners must submit a copy of the law subject to repeal and a copy of their summary to the Attorney General’s Office, 30 East Broad Street, 16th Floor.
Once petitioners submit initiative materials to the Attorney General’s Office, can they bring in additional signatures?
No. ORC 3501.38 (I)(1) prohibits the submission of additional materials after a petition is filed in a public office.
What is a part petition?
A part petition is essentially one “packet” or group of signatures, containing the specific language of the proposed initiative, a summary of the initiative, blanks for original ink signatures, a circulator’s statement and other requirements set forth by statute. Part petitions can contain multiple signatures, but all signatures on an individual part petition should be from registered voters of the same county. This is because a part petition is sent in whole to the appropriate county board of election for signature verification.
Why do county boards of election reject signatures?
Signatures can be rejected for a number of reasons. Below is a list of some common reasons that signatures may not be validated by local boards of election:
- Signers may not be registered voters.
- They may not be listed on a database of registered voters in that particular county.
- They may not be registered at the address listed on the part petition.
- Signatures may not have been submitted in ink.
- Signatures on part petitions may not match signatures on file with the local board.
- There may be errors on the circulator statement of the part petition.
What else does the Attorney General’s Office do to certify a petition?
The Attorney General has a limited role in the certification process for both initiatives and referenda. By statute, the Attorney General is required to examine the summary that accompanies the submission to determine whether it is a fair and truthful statement of the measure to be referred. If the Attorney General determines that the summary is fair and truthful (and in the case of initiatives that the signature requirement has been met), he will certify the summary to the Secretary of State, as chair of the Ballot Board.
How does the Attorney General evaluate the summary?
A “summary” as it relates to the initiated petition process has been defined by the Supreme Court as “a short, concise summing up,” which properly advises potential signers of a proposed measure’s character and purport. State ex rel. Hubbell v. Bettman, 124 Ohio St. 24 (1931). The general test for determining whether a summary is fair and truthful has been whether a reasonable individual of ordinary intelligence would feel misled after signing a petition based on the wording of the summary itself, or based on a particular item being omitted from the summary.
How are petitioners notified about the Attorney General’s decision on certification?
Petitioners are asked to provide an email address when they submit initiative and referendum materials. As soon as the Attorney General makes his decision, he will notify petitioners via email, and the decision will be posted on the Attorney General website.
What recourse do petitioners have if the Attorney General does not certify a summary?
If the Attorney General declines to certify a summary because it is not fair and truthful, petitioners may re-write the summary or re-write the initiative and submit their materials again. They will need to re-start the signature collection process, but they may solicit signatures from those individuals who signed the first petition.
Can the Attorney General review a sample petition before the petitioners go out and collect signatures?
No. The Attorney General’s Office only reviews petitions that have already been submitted for certification. The office is not able to provide legal guidance to individuals with regard to this process, nor is the office able to pre-approve summary language.
What is the next step after the Attorney General certifies the summary?
In the case of an initiative, the Attorney General certifies the summary to the Secretary of State, who has ten days to convene a meeting of the Ohio Ballot Board. The five-member Ballot Board reviews the measure to determine whether it represents one issue or multiple issues. If it represents one issue, the Ballot Board will certify the measure as one issue. The Attorney General, in turn, will submit a verification to the Secretary of State. At this point, petitioners may begin the second phase of signature collection.
What if the Ballot Board determines that the initiative represents more than one issue?
If the Ballot Board determines that the initiative contains multiple issues, the petitioners must split the initiative in accordance with that determination, and submit summaries for each distinct issue to the Attorney General’s Office. If the Attorney General determines that the summaries are fair and truthful, he will certify them and file verified copies with the Secretary of State. At this point, the petitioners may begin the second phase of signature collection for each initiative.
What should I do if my employer does not pay me for minimum wage, overtime, or prevailing wage?
Contact the
Ohio Department of Commerce to file a complaint and speak to an investigator about unpaid minimum wage, overtime, or prevailing wage.
Ohio Department of Commerce
Division of Industrial Compliance and Labor
Bureau of Wage and Hour Administration
6606 Tussing Rd.
PO Box 4009
Reynoldsburg, OH 43068-9009
Phone: 614-644-2239
Fax: 614-728-8639
Who do I contact to report a returned employers’ check for insufficient funds?
After all resources have been exhausted through your employer and human resources you should contact your
county prosecutor.
Contact the
Ohio Department of Commerce to file a complaint and speak to an investigator about a child labor matter.
Ohio Department of Commerce
Division of Industrial Compliance and Labor
Bureau of Wage and Hour Administration
6606 Tussing Rd.
PO Box 4009
Reynoldsburg, OH 43068-9009
Phone: 614-644-2239
Fax: 614-728-8639
I work for a public sector state or local government employer, and I have a union matter, who should I contact?
Contact the
State Employment Relations Board.
State Employment Relations Board
65 East State Street, Suite 1200
Columbus, Ohio 43215-4213
Phone: 614-644-8573
Fax: 614-466-3074
I work for a public sector state or local government employer, and I have civil service but not union protection, and I have an employment matter, who should I contact?
Contact the
Personnel Board of Review.
State Personnel Board of Review
65 East State Street, 12th Floor
Columbus, Ohio 43215
Phone: 614-466-7046
Fax: 614-466-6539
I work for a private employer and I have a union matter, who should I contact?
Toll Free at 866-667-6572
Who should I contact regarding my work related injury?
Toll-Free: 800-OHIOBWC (800-644-6292)
Bureau of Workers' Compensation
30 W. Spring St.
Columbus, OH 43215-2256
Who do I contact to report a workplace hazard?
Go to the website for the
US Department of Labor and complete the on line form. To report an emergency, fatality, or imminent life threatening situation please contact its toll free number immediately: 800-321-OSHA
(6742)
Who else can I contact to report a state or local government workplace hazard?
Contact the
Public Employment Risk Reduction Program.
Public Employment Risk Reduction Program (PERRP)
13430 Yarmouth Drive
Pickerington, Ohio 43147
Phone: 800-671-6858
Fax: 614-621-5754
Who should I contact if I want to file a charge for discrimination?
Toll Free Number: 888-278-7101/614-466-5928
Rhodes State Office Tower
30 E.Broad St., Columbus, OH 43215
Who do I contact to file an unemployment claim?
Toll Free Number: 877-644-6562
Who should I contact if my plant is closing or if I’m being laid off?
Contact the
Worker Adjustment and Retraining Notification (WARN), which helps ensure advance notice in cases of qualified plant closings and mass layoffs. The U.S. Department of Labor has issued compliance assistance materials to help workers and employers understand their rights and responsibilities under the provisions of WARN.
U.S Department of Labor Employment and Training Administration
200 Constitution Ave., NW
Room N5422
Washington, DC 20210
Telephone: 202-693-3519
Court question: Can I make a correction, modification or addition to a previously submitted disposition?
Yes. To do so, fill out the Court Correction Form on this webpage:
https://www.ohioattorneygeneral.gov/Files/Forms/Forms-for-BCI-Criminal-Records-and-Background-Chec/Forms-for-Court/BCI-CORRECTION-FORM-COURT-DISPOS
Court question: How do I get an email address set up to electronically submit dispositions?
Contact the Attorney General Office's ITS Support by calling 1-800-750-7922 or emailing
ITSSupport@ohioattorneygeneral.gov.
Court question: How do I report a vacated sentence?
The document on this webpage includes instructions for how to report a vacated sentence:
https://www.ohioattorneygeneral.gov/Files/Forms/Forms-for-BCI-Criminal-Records-and-Background-Chec/Forms-for-Court/COURT-REPORTING-PROCEDURES
Court question: Where can I find definitions of electronic disposition error messages?
Definitions of electronic disposition error messages can be found in this document:
https://www.ohioattorneygeneral.gov/Files/Forms/Forms-for-BCI-Criminal-Records-and-Background-Chec/Forms-for-Court/COURT-REPORTING-PROCEDURES
How do I obtain an updated ORI list for the LiveScan machine?
Your agency's LiveScan vendor can contact the Attorney General Office's ITS Support by calling 1-800-750-7922 or emailing
ITSSupport@ohioattorneygeneral.gov.
Juvenile court question: Why does BCI return juvenile ten print cards and related documents?
The BCI Identification Division returns juvenile ten print cards and related documents when the arrests have been sealed or deleted due to a dismissal or an adjudication to an offense that is not reportable.
This is in compliance with Ohio Revised Code 2151.313(B)(1).
Where can I obtain a list of reportable offenses for adults and juveniles?
That information is available via this webpage:
https://www.ohioattorneygeneral.gov/Files/Forms/Forms-for-BCI-Criminal-Records-and-Background-Chec/Forms-for-Law-Enforcement
Who can I contact if I have questions about LiveScan or fingerprint card submissions?
These members of BCI's Identification Division are available to offer help:
Conchita Matson, Criminal Identification Supervisor:
Conchita.Matson@OhioAGO.gov
Jenny Braithwaite, Identification Supervisor:
Jenny.Braithwaite@OhioAGO.gov
How do I report a missing person?
Contact your local law enforcement agency to file a missing persons report. To aid in the recovery of a missing person, law enforcement may request that information about a case be posted on the Ohio Missing Persons website.
Learn more about reporting a missing person.
How do I submit a tip about a missing person?
Contact the local law enforcement agency where the person went missing or call the Ohio Attorney General's Office at (800) 325-5604.
How does a Missing Adult Alert work?
- An e-mail and fax message is sent throughout the state to media outlets.
- The information is posted on electronic billboards and Ohio Department of Transportation (ODOT) signboards in the local area of the alert.
- A law enforcement radio broadcast and computer message is sent to all law enforcement agencies in the state.
- A toll-free telephone line for tips and information is activated - (866) 693-9171
- A Truckers Alert system is activated.
- The Ohio Lottery posts the information on lottery terminals.
- Special law enforcement response teams and programs are offered to assist in the search for the missing person.
How does a Missing Child Alert work?
- An e-mail and fax message is sent throughout the state to media outlets.
- A law enforcement radio broadcast and computer message is sent to all law enforcement agencies in the state.
- A toll-free telephone line for tips and information is activated - (800) 325-5604
- A Truckers Alert system is activated.
- Special law enforcement response teams and programs are offered to assist in the search for the missing person.
- Secondary notification systems are activated.
How does an AMBER Alert work?
- The Emergency Alert System (EAS) is activated.
- An e-mail and fax message is sent throughout the state to media outlets.
- The information is posted on electronic billboards and Ohio Department of Transportation (ODOT) signboards in the local area of the alert.
- A law enforcement radio broadcast and computer message is sent to all law enforcement agencies in the state.
- A toll free telephone line for tips and information is activated at (877) AMBER-OH
- A Truckers Alert system is activated.
- The Ohio Lottery posts the information on lottery terminals.
- Special law enforcement response teams and programs are offered to assist in the search for the missing person.
- Partners, such as phone companies, the Ohio Outdoor Advertising Association, the Ohio Electric Cooperative, the national Center for Missing and Exploited Children and others are notified and they re-distribute the alert.
What are the criteria to activate a Missing Adult Alert?
- The local investigating law enforcement agency confirms that the individual is missing.
- The individual is 65 years of age or older or any missing adult that has a mental impairment.
- The disappearance of the individual poses a credible threat of immediate danger of serious bodily harm or death to the individual.
- There is sufficient descriptive information about the individual and the circumstances surrounding the individual's disappearance to indicate that activation of the alert will help locate the individual.
What are the criteria to activate a Missing Child Alert?
- The child is under 18 years of age.
- Child’s missing status is confirmed by law enforcement and victim is in danger of serious bodily harm or death.
- There is enough descriptive information concerning the circumstances, suspect, vehicle, and victim where the public would be able to assist.
What are the criteria to activate an AMBER Alert?
- An abducted child must be under 18 years of age.
- The abduction poses a credible threat of immediate danger of serious bodily harm or death to a child.
- A law enforcement agency determines that the child is not a runaway and has not been abducted as a result of a child custody dispute, unless the dispute poses a credible threat of immediate danger of serious bodily harm or death to the child.
- There is sufficient descriptive information about the child, the abductor and the circumstances surrounding the abduction to indicate that activation of the alert will help locate the child.
What is a Missing Adult Alert?
An alert system to quickly notify the public and media outlets about endangered missing adults, age 65 or older, or any missing adult with mental impairments.
What is a Missing Child Alert?
The Missing Child Alert is designed to notify the public using media outlets and other partners about a missing child whose missing circumstances do not meet the AMBER Alert criteria, but who is in danger of serious physical harm or death to the child.
What is an AMBER Alert?
The AMBER Alert system is designed to quickly notify the public using the media and other partners about a child abduction where the child faces an immediate danger or risk of serious physical harm or death.
Can I file an offer in compromise during a bankruptcy?
No, since a bankruptcy may ultimately reduce or negate the balance owed, we ask that applicants wait until a bankruptcy is finished before filing an offer in compromise.
Do I have to continue to make payments under an existing payment plan with the Attorney General while an offer in compromise is pending?
Yes, both sides must agree to the offer in compromise before an existing payment plan can be ended.
How can I make an offer in compromise?
To make an offer in compromise, you must complete and submit an offer in compromise application.
If I owe more than one debt to the state of Ohio, can I resolve only one of the debts?
No. The goal of the offer in compromise program is to resolve all existing debt a business or individual owes the state.
Once accepted, how long would I have to pay an offer in compromise?
An applicant must pay within 60 days of accepting the offer in compromise. If needed, a payment plan can be arranged by calling the Attorney General's Office at (614) 752-2211.
What is an offer in compromise?
An offer in compromise allows a person who owes the state money to negotiate less than the balance owed. Offers in compromise can be made to debtors who face economic hardship or to the innocent spouse of a debtor.
Who is eligible to participate in the offer in compromise program?
Offers in compromise can be made to debtors who face economic hardship or to the innocent spouse of a debtor. Businesses or individuals can participate.
Who should I contact about the status of an offer in compromise?
Call the Attorney General’s Office at (614) 752-2211 and ask about offers in compromise.
Will I receive formal notification of whether an offer is rejected or accepted?
Yes. The Attorney General’s office will send applicants written notification of acceptance or rejection of an offer as promptly as possible.
Would I have the right to appeal a rejection?
No. All offer in compromise acceptances and rejections are final.
How do I submit my views concerning questions that have been submitted to the Attorney General for an opinion?
Parties interested in a particular request are invited to submit comments or analysis to the Opinions Section in writing by mail or e-mail.
Click here for contact information.
What is the process for preparing an Attorney General opinion?
The formal opinions process begins when an eligible public official or governmental agency submits a written request for a formal opinion on a specific question of law. The Opinions Section first determines whether a formal Attorney General opinion is the appropriate form of response. A request may be declined or answered by informal letter if it does not meet the guidelines for a formal opinion. If the request is appropriate for a formal opinion, the letter is acknowledged by the Opinions Section, docketed, and assigned to an attorney in the Section.
A copy of each request letter is posted on the
Pending Opinion Requests section of the Attorney General’s website along with a summary of the subject matter of each request. Parties interested in a particular request are invited to submit comments or analysis to the Opinions Section in writing by mail or e-mail. For contact information,
click here.
The attorney to whom the request is assigned will, if necessary, contact the requester for further information and then conduct a thorough and detailed review of the law relevant to the questions presented. Once that research is completed, the attorney prepares a draft opinion. The draft opinion receives several levels of review before it is presented to the Attorney General for approval and signature.
Following signature by the Attorney General, the opinion is issued to the requester. The opinion is also published in the appropriate volume of the
Ohio Attorney General Opinions. Each formal opinion is also available online at the Attorney General’s
Opinions Database.
Can I search Attorney General opinions?
A search feature for Attorney General opinions is available online at the Attorney General’s
Opinions Database. Opinions may be searched by keyword or by opinion number (for example, 2013-001).
Commercial databases, such as Lexis and Westlaw, also may be used to search Attorney General opinions.
How can I receive a copy of an Attorney General opinion?
The requester will receive the signed original opinion in letter form. Once issued to the requester, formal opinions are made available to the public.
Opinions issued in 1993 or later are available online at the Attorney General’s
Opinions Database.
Copies of opinions issued prior to 1993 are available online at the Attorney General’s
Opinions Archive.
Attorney General opinions are published in printed volumes,
Ohio Attorney General Opinions, that are available in law libraries and some public libraries. Attorney General opinions are also available on some commercial electronic databases, such as Lexis or Westlaw.
How can I view information on currently pending formal opinion requests?
A copy of each request letter is posted on the
Pending Opinion Requests section of the Attorney General’s website along with a summary of the subject matter of each request. A summary of the subject matter of each request is also published in the Ohio State Bar Association report.
How do I cite an AG opinion?
The citation format followed by the Attorney General is available in the “
Citations of Formal Attorney General Opinions” on the Attorney General’s website.
How do I know whether an opinion has been overruled?
A
Table of Overruled Opinions is maintained by the Opinions Section and is available on the Opinions page of the Attorney General’s website. This table tracks opinions that have been overruled by subsequent opinions. It does not include other factors, such as subsequent legislation and court decisions, that may affect the validity of past opinions.
The validity of past Attorney General opinions may also be researched using the Shepard’s Citation Service from Lexis.
What is an Attorney General opinion?
An Attorney General opinion is an official statement of the Attorney General’s views on a legal question. An Attorney General opinion may also be referred to as a “formal opinion.”
As an alternative to the issuance of a formal opinion, a request for an Attorney General opinion may be answered by an informal letter. Informal letters are prepared by Assistant Attorneys General of the Opinions Section. These letters represent the analysis of the Assistant Attorneys General who write them. Therefore, an informal letter may not be described as an official statement of the Attorney General’s views on the question and should not be cited as an “Attorney General opinion.”
What is the process for requesting an opinion?
Eligible public officials and governmental agencies must submit a written request for a formal opinion on a specific question of law. The request should include an explanation of why the opinion is needed and the context in which the issue arises. The request may also contain any other information that may be helpful, including relevant statutes, cases, prior opinions, agency rules, or other research. If the matter is urgent, the request should indicate any special needs for an expedited response. A request for an expedited response will be considered and accommodated to the extent feasible.
An opinion request should be signed by the public official, principal officer, or head of the agency authorized to make the request. If the request is signed by a deputy or assistant, the Opinions Section will verify that it was authorized by the principal before preparing the opinion, and the opinion will issue to the principal officer, not to the deputy or assistant.
Requests for an Attorney General opinion should be mailed or e-mailed to the Opinions Section. For contact information,
click here. If a request is submitted by e-mail, please attach an electronic copy of the signed original request letter.
What is the significance of an Attorney General opinion?
Attorney General opinions provide valuable advice to public officials and are useful in guiding the actions of those officials. Although Attorney General opinions are not binding on the courts, courts usually give formal opinions careful consideration.
What questions can be addressed in an Attorney General opinion?
Questions of law related to the official duties of the requesting public official
Questions of law that seek to clarify the interpretation of a statute whose meaning is in dispute or doubt
Questions of law regarding state statutes that appear to be inconsistent with each other
What questions cannot be addressed in an Attorney General opinion?
Questions about the constitutionality of a state or federal statute
Questions related to issues that are in litigation, either before a court or an administrative tribunal
Questions committed to another branch of government
Questions that involve disputed matters of fact
Questions related to disputes between private persons
Questions that are not related to the duties and responsibilities of the officer making the request
Questions seeking interpretation of purely federal or local laws
Questions about the rights of parties under a contract or other legal document
Who is not entitled to an Attorney General opinion?
Private citizens
Federal officers and employees
Individual members of the General Assembly
Officers and employees of county, municipal, and other local governments (except county prosecutors and law directors of limited home rule townships)
Employees of state agencies or departments
Who may request an Attorney General opinion?
Officers of state government: Attorney General opinions are provided to the state’s constitutional officers—the Governor, Lieutenant Governor, Secretary of State, Treasurer, and Auditor.
Agencies, boards, commissions, and departments of state government: Attorney General opinions are provided to the head of a state agency. Opinion requests from a board or commission must be authorized by the board or commission; opinions will not be issued to individual members of a board or commission.
The Ohio House or Senate: The Attorney General provides formal opinions to either house of the General Assembly when requested by resolution.
County prosecuting attorneys
Law directors of limited home rule townships
Visit Professional Solicitors & Fundraisers on Charitable Ohio for more information.
A power line or gas pipeline is going to be built near my home. Who should I contact to find out what involvement I can have in this issue?
The Ohio Power Siting Board controls the installation of major utility facilities, including large power lines, some gas pipelines, and wind farms in Ohio. The Board’s authority derives from Chapter 4906 of the Ohio Revised Code and rules that it has adopted in the Ohio Administrative Code to efficiently process cases. These rules provide opportunities for public input through public information sessions and public hearings. You can access the Board’s website at
http://www.opsb.ohio.gov/opsb/.
A utility company wants to take my property for a project or trim my trees and I don’t want them to. What are my rights?
You need to contact a private lawyer knowledgeable in real estate matters. Your local county bar association can help you find a knowledgeable lawyer.
Does the PUCO oversee retail cellular and cable/satellite television providers?
No. These matters are not regulated by the PUCO. Customer inquiries should initially be directed to the service provider. If issues persist, they may be directed to the Ohio Attorney General’s Consumer Protection Section at 800-282-0515.
I get my utility service from my local city and I have a dispute with them. What can the PUCO do for me?
Municipal utility services are not controlled at the state level. Many city utility departments maintain a customer service department which may be able to assist you. Alternatively, you may consider hiring a lawyer to represent you.
I have an inquiry or complaint about my utility service or my utility bill. What can I do about that?
The Public Utilities Commission of Ohio has a hotline to help individuals with utility-related problems. The PUCO can be contacted at 800-686-7826. If your question/inquiry cannot be resolved informally, the PUCO’s Staff may be able to assist you in filing a formal complaint under Section 4905.26 of the Ohio Revised Code.
What agencies does the Public Utilities Section represent?
The Public Utilities Section serves as the lawyer for the Public Utilities Commission of Ohio and the Ohio Power Siting Board.
What types of helpful public information does the PUCO’s website offer?
The website contains information on a wealth of subjects to assist the public, including helpful contact information to better inform utility customers about such matters as choosing their service provider or managing their usage and bills. You can access the PUCO’s website at
http://www.puco.ohio.gov/puco/.
How do I file a complaint against a doctor or other healthcare provider?
Each regulatory board has its own process for accepting complaints against its licensees, and may permit complaints to be filed by phone, in writing, or online. Please contact each board directly to file a complaint.
How do I obtain a copy of a board action against a licensee?
Many boards publish such actions on Ohio’s eLicense Center website,
https://license.ohio.gov/lookup/. After verifying the provider’s license as described above, click on the licensee’s name, scroll down, and click on “View Documents.” If the board does not publish the orders on this website, you can obtain the order by contacting the board directly.
You can look up the provider’s name on the Ohio eLicense Center website,
https://license.ohio.gov/lookup. You must select the board that regulates the profession (such as Medical Board, Nursing Board, etc.), and then enter all or part of the licensee’s name.
Many Ohio regulatory boards publish applicable law and rules on their websites. In addition, the Ohio Revised Code and Ohio Administrative Code are available online at
http://codes.ohio.gov. To find statutes relating to healthcare professions, click on “Ohio Revised Code,” and then “Title 47.” Ohio Administrative Code rules correspond with the Ohio Revised Code Chapter. For example, statutes relating to chiropractors are contained in Ohio Revised Code Chapter 4734, and rules relating to chiropractors are contained in Ohio Administrative Code Chapter 4734.
What do I do if a debt collector tries to collect a debt on a loan that I did not take out?
Write a letter to your debt collector and state your reasons why you dispute the debt and include supporting documentation, such as a copy of the police report or the FTC Identity Theft Affidavit.
What do I do if a phone service account has been opened in my name?
Cancel your account and use new PINs if you open a new account. Contact your servicer provider and inform them of the situation.
What do I do if an identity thief has committed mail fraud in order to get my personal information?
Report it to your local post office and contact your credit card companies, bank, etc. to notify them of the situation.
What do I do if an identity thief has falsified change-of-address forms to get my personal information?
Report it to your local post office and contact your credit card companies, bank, etc. to notify them that your address was fraudulently changed.
What do I do if an identity thief has stolen my mail in order to get my personal information?
Report it to your local post office and contact your credit card companies, banks, etc. to inform them of the situation.
What do I do if I believe my Social Security Number (SSN) has been stolen or misused?
Report your allegations to the Social Security Administration (SSA), request a copy of your Social Security Statement, and call SSA to verify the accuracy of the earnings reported on your SSN.
What do I do if I find inaccurate information on my credit report?
By phone and then in writing, notify the three major credit bureaus and request the information be corrected.
What do I do if I found inquiries on my credit report that I did not know about?
By phone and then in writing, notify the three major credit bureaus that unauthorized credit inquiries on your credit history were made and request that they be removed.
What do I do if I have been wrongfully accused of having committed a crime perpetrated by someone pretending to be me?
File an impersonation report, have your identity confirmed and prove your innocence by comparing your information to that of the identity thief. You may need the assistance of a lawyer to help clear your name. Contact the Ohio Bar Association in order to find an attorney.
What do I do if I think an identity thief has interfered with my brokerage account?
Report it to your broker or account manager as soon as possible and file a complaint with the U.S. Securities and Exchange Commission.
What do I do if I think my name is being used to obtain a fake driver’s license?
Contact the Bureau of Motor Vehicles and do not use your SSN as your driver’s license number.
What do I do if I think my Social Security Number (SSN) is being used to obtain a fake driver’s license?
Contact the Bureau of Motor Vehicles and do not use your SSN as your driver’s license number.
What do I do if my accounts have been opened without my knowledge?
Close the accounts immediately. Get new passwords and pins and contact the three Credit Bureaus and creditors.
What do I do if my accounts have been tampered with without my knowledge?
Close the accounts immediately. Get new passwords and pins and contact the three Credit Bureaus and creditors.
What do I do if my ATM card was stolen?
Close the account immediately and get a new PIN and password for a new account. Also contact the bank and inform them of the situation.
What do I do if my checks were stolen?
Put stop-payments on all checks remaining in the stolen checkbook. Contact the bank, creditors, major check verification companies and the police.
What do I do if my credit card was stolen?
Close the account immediately and get a new PIN and passwords for new accounts. Contact the bank, credit card issuer, creditors and the police.
What do I do if my passport is lost or stolen?
Contact the U.S. Department of State through a field office or at
www.state.gov.
What do I do if someone filed for bankruptcy in my name?
Write to the U.S. Trustee in the region where the bankruptcy was filed and include supporting documentation. Also, file a complaint with the U.S. Attorney and/or the FBI in the city the bankruptcy was filed. You may also want to contact the Public Defender’s Office or the State Bar Association in order to find an attorney to help you.
What do I do if someone has used my medical benefits to obtain services?
Report it to your insurance company and medical provider. Your medical provider will likely have internal protocol to follow.
What do I do if someone is using my calling card?
Cancel your calling card and use new PINs if you open a new account. Contact your servicer provider and inform them of the situation.
What do I do if unauthorized calls are being billed to my cell phone?
Cancel your account and use new PINs if you open a new account. Contact your servicer provider and inform them of the situation.
I am a newly-elected public official. What are my obligations under the Public Records Act?
All elected officials in the state of Ohio, or their appropriate designees, are required to attend training approved by the Attorney General once per elected term. Ohio Revised Code (ORC) Section 109.43. The purpose of this training is to ensure that all employees of public offices are appropriately educated about their obligations under the Public Records Act. The training is intended to enhance officials’ knowledge of their duty to provide access to public records, and to provide guidance in updating their offices’ public records policies.
How can I meet this requirement?
As required by the Ohio Revised Code, the Attorney General develops, provides and certifies Public Records training programs and seminars for all elected officials or their designees. Currently, only the Attorney General’s Office and the Auditor of State offer the approved training program for elected officials. The Attorney General’s Office may not charge a fee to attend the training programs it conducts, and all of the three-hour elected official trainings are certified for three hours of Continuing Legal Education Credits. ORC 109.43(B)-(D). Schedules for these training programs are available online at
http://www.ohioattorneygeneral.gov/Legal/Sunshine-Laws/Sunshine-Law-Training. You can also take the entire training online at your own pace at
https://sunshinelaw.ohioattorneygeneral.gov/. Note: Attendance at any public records program offered by an entity other than the Attorney General or Auditor of State will not satisfy this requirement, and a public official would still be required to attend an approved training.
Per statute, training shall be three hours for every term of office for which the elected official was appointed or elected to the public office. Therefore, an official who is appointed to fill an elected official's place is still subject to the requirements of the act, even if the predecessor had already satisfied this requirement. ORC 109.43(B), (E)(1).
How can I prove that I have satisfied this requirement? Who should I report to?
Compliance with this training program will be audited by the Auditor of State in the course of a regular financial audit. ORC 109.43(G). After attending a certified public records training program, offered by the Attorney General, an attendance report will be posted on the Sunshine Laws page of the Attorney General’s website. This attendance report offers proof that the public official or their designee attended an approved training program and should be saved with that office's appropriate records.
Who is considered an “elected official” that is subject to this requirement under the Public Records Act?
The Ohio Revised Code broadly defines an “elected official” as “an official elected to local or statewide office.” Note, though, that the act explicitly states that an “elected official” does not include the chief justice or a justice of the supreme court, a judge of a court of appeals, court of common pleas, municipal court, county court or a clerk of any of those courts. ORC 109.43(A)(2).
Who is considered an appropriate “designee” under the Public Records Act?
The act states that a “[d]esignee” may be a designee of one elected public official or of all the elected officials of a public office if that public office includes more than one elected official. ORC 109.43(A)(1). The statute does not provide a definition of an “appropriate” designee, but the term implies an official or employee of the same public office with an appropriate connection to the training requirement.
What is the Ohio Public Records Act?
The Ohio Public Records Act is built on the United States’ historical principle that the records of government are “the people’s records.”
Patterson v. Ayers, 171 Ohio St. 369 (1960). The Public Records Act provides citizens with steps to take in order to request records from any public office in Ohio while protecting certain specific types of records from release. It also establishes a legal process to enforce compliance when a requester feels that a public office has failed to satisfy its public records obligations. ORC Chapter 149.
Who can make a request for public records?
Any person can request public records by simply asking for them. Usually, the request can be made in any manner the requester chooses: by phone, in person, or in an e-mail or letter. The requester cannot be required to identify him- or herself, or to explain why the records are being requested, unless a specific law requires it. Often, however, a voluntary discussion about the requester’s purposes or interest in seeking certain information can aid the public office in locating and producing the desired records. ORC 149.43(B)(5).
What does a public office have to do when it receives a public records request?
A public office must organize and maintain its records so that it can meet its duty to respond to public records requests. A public office also must keep a copy of its records retention schedule(s) at a location readily available to the public. ORC 149.43(B)(2). When it receives a public records request for specific existing records, the public office must provide inspection of the requested records during regular business hours or provide copies within a reasonable period of time. A requester is entitled to delivery of copies at the actual cost of packaging and delivery by any available means of delivery or transmission that he or she requests. ORC 149.43(B).
The public office may withhold specific records or specific portions of records that are covered by an exception to the Public Records Act, but is required to give the requester an explanation for any part of a record withheld, including the supporting legal authority. ORC 149.43(B)(3). In addition to denials based on an exception, a public office may deny a request in the extreme circumstance where compliance would unreasonably interfere with the discharge of the office’s duties. A request can also be refused if the office no longer keeps the records, if the request is for items that are not records of the office, if the requester does not revise an ambiguous or overly broad request, or if the requester refuses to pay the cost of copies. ORC 149.43(B).
To whom does the Public Records Act apply?
The rights and duties set out in the Act apply only to a “public office or person responsible for public records,” which includes governmental subdivisions, private entities that are the “substantial equivalent” of public institutions, and other “persons responsible for public records.” The act does not apply to private organizations, including corporations, and is also different from the federal Freedom of Information Act (FOIA), which applies only to federal agencies. ORC 149.011(A).
If someone is not given public records, what legal options does that person have?
People who believe they have been wrongly denied a public record that they requested may choose from one of two options, but not both: 1) they can file a lawsuit, called a mandamus action, against the public office, or 2) they can file a complaint with the Ohio Court of Claims. The burden will be on the public office to show the court that any record that it withheld was clearly protected by one or more valid exceptions under the law. If not, the public office will be ordered to provide the record, and may be subject to a civil penalty and payment of attorney fees. The Public Records Act is a “self-help” statute, which requires citizens who believe that the act has been violated to independently pursue a remedy (like a lawsuit), rather than asking a public official such as the Ohio Attorney General to initiate legal action on their behalf. ORC 149.43(C)(1).
Does a public office have to work with the requester to find public records?
If a requester makes an ambiguous or overly broad request that the public office denies, the Public Records Act provides for negotiation between the parties to help identify, locate, and deliver the requested records. ORC 149.43(B)(2). Unless a specific law says otherwise, a requester does not have to give the reason for wanting the records, give his or her name, or make the request in writing, but the request does have to be clear and specific enough for the public office to reasonably identify what public records are being requested. ORC 149.43(B)(5).
What makes a “record” a “public record?”
While the rights of records access under the Ohio Public Records Act apply to all records kept by an Ohio public office, the terms “records” and “public records” do not include every document or item found in a public office. Only those records that document the policies, operations, and other activities of the public office are “public records” under the Public Records Act. ORC 149.43(A)(1).
Can some public records be withheld from a requester?
The General Assembly has passed a number of laws that protect certain records by either requiring or allowing a public office to withhold them from public release. Where a public office uses one of these “exceptions,” the office may only withhold a record or part of a record clearly covered by the exception, and must tell the requester what legal authority it is relying on to withhold the record. If only part of a record is protected by an exception, then the public office must redact (obscure or delete) only that part of the record and provide the unprotected remainder to the requester. ORC 149.43(B)(1).
How long should email records be kept?
It depends on the content of the email message. In terms of records retention, email records are no different than any other record that is kept by a public office. For example, most public offices will have a different records retention schedule for a memo about handling customer complaints than for a daily news clipping file, even though both are records. These records should be kept according to their respective retention schedules, regardless of whether they exist on paper or as an email. The most important thing to remember is that each record should be evaluated for and identified by its
content and not by the medium in which it exists. It may help this evaluation process to picture each email message as a paper record.
Should all emails be kept for the same amount of time?
No. Just like messages written on paper, all email messages will not be kept for the same amount of time because they will differ greatly in terms of subject matter. Each email should be identified and managed based on its content.
For example, if an employee of a public office received a piece of paper on their desk noting that a meeting will be held at 3 p.m., the employee could probably discard that paper after the meeting has passed (this would likely be considered a “transient” record, or one that has a limited ministerial use). On the other hand, if the employee received a paper report updating all of the public office’s current projects, it would probably have to be retained for a much longer period of time because of its content. The duly enacted record retention schedules of the public office will determine how long these respective records would have to be kept.
The same is true for email messages. If the employee receives a simple email reminder of a meeting, it can probably be quickly discarded as “transient.” If an email is a notice to staff of a new policy, or serves as the record copy of an order to promote or dismiss an employee, or gives directions regarding an office project or legal case, it would be kept for the period applicable to each type of record.
Always remember, it is the
content of a record that determines which retention schedule applies to that record, and determines
how long it is to be kept. This is true regardless of whether the record is on paper or an email.
What if a public office gets a request for all emails sent and received by an employee?
A request for “all e-ail” is generally overly broad under the Public Records Act. A 2008 decision by the Ohio Supreme Court reemphasized that the Public Records Act “does not contemplate that an individual has the right to a complete duplication of voluminous files kept by government agencies.” Rather, the requester must identify the records sought with sufficient clarity.
Glasgow v. Jones, 119 Ohio St.3d 391, 2008-Ohio-4788.
If a request for “all emails” includes sufficient additional information about the content of those emails to allow the public office to identify responsive records based on the manner in which its records are organized, the request is not overly broad. However, if the request is ambiguous or lacks enough detail for the office to identify which records are being sought, it may well be overly broad. In that instance, the public office is obligated by law to give the requester an opportunity to revise the request by explaining how the various records of the office are ordinarily maintained and accessed. ORC 149.43(B)(2). A set of well-crafted records retention schedules (classified by type of record rather than medium of record) can help put the office and the requester on the same page.
Where can I find more details about the Public Records Act?
For more information about the Public Records Act, the
Sunshine Laws Manual is a great resource for finding answers to common and complex questions.
What is the Ohio Open Meetings Act?
The Open Meetings Act requires public bodies in Ohio to conduct all public business in open meetings that the public may attend and observe. This means that if a public body is meeting to discuss and vote on or otherwise decide public business, the meeting must be open to the public. ORC 121.22.
What is a public body, as defined in the Ohio Open Meetings Act?
Public bodies are decision-making groups of state or local government agencies or institutions. Examples of these bodies include school boards, city councils, and boards of trustees. However, the Open Meetings Act does not apply to some public bodies, such as the Ohio General Assembly and grand juries. ORC 121.22(B)(1).
What is a meeting, as defined in the Ohio Open Meetings Act?
In order for the Open Meetings Act to apply, the members of a public body must be meeting to discuss the public’s business. A meeting is a prearranged gathering of a majority of the members of a public body for the purpose of discussing public business. ORC 121.22(B)(2). For example, if there are five members of a school board, and only two get together to discuss public business, this is not a meeting and the Open Meetings Act would not require it to be open to the public. However, if three members gather to discuss public business, this is a meeting and the Open Meetings Act would require it to be open to the public. Also, if there is a meeting as defined by the Open Meetings Act, the public body must give notice to the public.
What kind of notice should be given to the public when a meeting is planned?
Public bodies must notify the public when and where each meeting will take place and must sometimes give notice of what matters will be discussed. Also, every public body must establish, by rule, a reasonable method for notifying the public in advance of meetings. There are three types of meetings, each requiring different types of notice. “Regular meetings” are held at predictable intervals, such as once a month. Public bodies must establish a reasonable method for alerting the public to the time and place of regular meetings. A “special meeting” is any other kind of meeting. Again, public bodies must establish a reasonable method for alerting the public to the time and place of special meetings, as well as the purpose of the meeting. At least 24 hours’ notice must be given to media outlets that have requested such notice, and only topics related to the stated purpose of the special meeting can be discussed. “Emergency meetings” are special meetings that are needed because a situation requires immediate action. The public body must immediately notify certain media outlets of the time, place, and purpose of the emergency meeting. As with special meetings, only topics related to the stated purpose of the meeting can be discussed. ORC 121.22(F).
Are detailed minutes required to be taken at a public meeting?
A public body must keep full and accurate minutes of its meetings, but those minutes do not have to be an exact transcript of every word said. Minutes must be promptly prepared, filed, and made available for public inspection. ORC 121.22(C).
What are executive sessions, as defined in the Open Meetings Act, and when can they be used?
Closed-door sessions, or executive sessions, are initiated when a member makes a motion for a closed-door session and the public body votes on it. These sessions are attended by only members of the public body and persons they invite. Executive sessions may be held for only a few specific purposes. No votes may be taken or decisions made during the executive session on the matter(s) discussed. Members would have to reconvene their public meeting and then openly conduct a vote. ORC 121.22(G), (H).
What can be done if a public body violates the Open Meetings Act?
If any citizen believes that a public body has violated the Open Meetings Act, that citizen may file an injunctive action in common pleas court to compel the public body to obey the Act. If an injunction is issued, the public body must correct its actions, may have to pay court costs, and must pay a fine of $500. Whichever party loses the lawsuit pays the reasonable attorney fees of the other party as ordered by the court. ORC 121.22(I).
If someone is seeking access to a public body’s minutes, and the body is not turning them over, that person can file a mandamus action under the Public Records Act to force the creation of, or access to, meeting minutes. Mandamus can also be used to order a public body to give notice of meetings to the person filing the action. ORC 149.43(C)(1).
Any action taken by a public body while that body is in violation of the Open Meetings Act is invalid. ORC 121.22(H). A member of the public body who violates an injunction imposed for a violation of the Open Meetings Act may be subject to a court action removing that official from office. ORC 121.22(I)(4).
What if I want more details about the Open Meetings Act?
The
Ohio Sunshine Laws Manual is a great resource for finding answers to common and complex questions.
How can I apply for unemployment compensation?
There are several options to choose from when filing a new application for Ohio unemployment benefits or reopening an existing Ohio claim. You may access the Job & Family Services website 24 hours a day, 7 days a week, at
http://unemployment.ohio.gov. You may also file toll-free by calling (877) OHIOJOB (644-6562) or TTY at (888) 642-8203, Monday through Friday 7 a.m. - 6 p.m. (excluding holidays). When you call, be sure to have paper and pencil available.
If you lost your job through no fault of your own, you might qualify for unemployment compensation. For more information, visit
http://unemployment.ohio.gov or call the toll free number: (877) OHIOJOB (644-6562).
Do we represent a state agency where an employee of that state agency has filed a workers’ compensation claim?
No. The Executive Agencies Section, Workers’ Compensation Defense Unit, of the Attorney General’s Office will represent that state agency.
Do we represent employers or claimants in workers’ compensation claims?
No. However, at times, our clients’ interest in the resolution of a dispute may be similar to a claimant’s or employer’s interest.
Do we represent the BWC in non-court proceedings?
Yes, but on a limited basis in administrative proceedings. We represent the BWC in disputes arising from decisions made through BWC’s Health Partnership Program (“HPP”). The HPP is a managed health care program designed for injured workers. A medical provider must be certified by the BWC before providing treatment to an injured worker. A managed care organization (“MCO”) must also be certified by the BWC before providing services in the HPP.
If the BWC decides to not certify, or decertify, a medical provider or MCO in the HPP, then the medical provider or MCO has the right to an appeal. During this administrative hearing process, our section prosecutes the matter on BWC’s behalf. If the medical provider or MCO receives an adverse decision, the medical provider or MCO may file an appeal in common pleas court.
For MCOs, in appropriate situations, the BWC may skip the administrative hearing process and instead terminate its contract with the MCO. If BWC terminates the contract, the MCO may file an action in the Court of Claims.
Do we represent the Commission in non-court proceedings?
No. We only represent the Commission in court proceedings.
How do we represent the BWC in the courts?
We represent the BWC in all cases appealed to any of the 88 common pleas courts in Ohio where the issue is whether the claimant is entitled to participate, or continue to participate, in the workers’ compensation fund for an injury or occupational disease. All parties have a right to a jury trial in these cases. If there is an appeal from the trial court, the section represents the BWC in the court of appeals and Ohio Supreme Court.
We also represent the BWC in other actions, including, but not limited to, declaratory judgment actions, injunctions, writs of prohibition, tort, fraud, child support, subpoena enforcement, and other miscellaneous actions filed in the various courts, including federal courts, throughout the state. Other sections of the Attorney General’s Office as well as private attorneys, referred to as Special Counsel, may also represent BWC depending on subject area or expertise.
How do we represent the Commission in the courts?
We primarily represent the Commission in mandamus actions, where an injured worker or employer alleges the Commission abused in discretion in rendering an administrative decision involving matters that, by law, cannot be appealed to a court of common pleas. These mandamus actions may only be filed in the Ohio Supreme Court, 10
th District Court of Appeals or the Franklin County Common Pleas Court.
What agencies do we represent?
Our clients are the Ohio Bureau of Workers’ Compensation (“BWC”) and the Industrial Commission of Ohio (“Commission”). The BWC is responsible for the collection, administration and distribution of the state workers’ compensation fund. The Commission decides disputes between parties in a workers’ compensation claim.
What is the Workers’ Compensation Fund?
Ohio employers must carry workers’ compensation insurance for their employees. Employers that pay premiums to BWC are considered state-fund employers. Employers can also apply to the BWC to be self-insured. If their application is granted, they are considered self-insured employers.
If an employee of a state-fund employer has an allowed claim for an injury or disease, the BWC then pays medical benefits and compensation to, or on behalf of, that employee. The BWC pays these benefits and compensation from the workers’ compensation fund.
If an employee of a self-insured employer has an allowed claim for an injury or disease, the employer pays medical benefits and compensation directly to, or on behalf of, their employee.
Once a claim is allowed, an employee may be entitled to different types of compensation, including, but not limited to, temporary total disability, wage loss, permanent partial, and permanent total disability.