Ohio Revised Code Chapter 109 - Attorney General
- Section 109.01 - Election - Term.
The attorney general shall be elected quadrennially, and shall hold his office for a term of four years. The term of office of the...
- Section 109.02 - Duties As Chief Law Officer.
The attorney general is the chief law officer for the state and all its departments and shall be provided with adequate office space in...
- Section 109.03 - Appointment Of Assistant Attorney General And Chief Counsel - Duties.
The attorney general may appoint a first assistant attorney general, a chief counsel, and assistant attorneys general, each of whom shall be an attorney...
- Section 109.04 - Powers And Duties Of First Assistant Attorney General.
During the absence or disability of the attorney general, or when so directed by the attorney general, including all the rights, privileges, and powers...
- Section 109.05 - Employees.
The attorney general may appoint such employees as are necessary. Effective Date: 10-01-1953
- Section 109.06 - Bond.
Before entering upon the discharge of the duties of office, the attorney general shall give a bond to the state in the sum of...
- Section 109.07 - Special Counsel.
Except under the circumstances described in division (E) of section 120.06 of the Revised Code, the attorney general may appoint special counsel to represent...
- Section 109.08 - Special Counsel To Collect Claims.
The attorney general may appoint special counsel to represent the state in connection with all claims of whatsoever nature which are certified to the...
- Section 109.081 - Attorney General Claims Fund.
Up to eleven per cent of all amounts collected by the attorney general, whether by employees or agents of the attorney general or by...
- Section 109.082 - Problem Resolution Officers For Tax Collection Complaints.
The attorney general shall appoint one or more problem resolution officers from among the employees of the office of the attorney general. These officers...
- Section 109.09 - Action On Official Bonds.
When so directed, the attorney general shall bring an action on the official bond of a delinquent officer, and shall also prosecute any officer...
- Section 109.10 - Proceedings In Quo Warranto.
The attorney general may prosecute a proceeding in quo warranto in the supreme court of the state, the court of appeals of Franklin county,...
- Section 109.11 - Attorney General Reimbursement Fund.
There is hereby created in the state treasury the attorney general reimbursement fund that shall be used for the expenses of the office of...
- Section 109.111 - Attorney General Court Order Fund.
There is hereby created the attorney general court order fund, which shall be in the custody of the treasurer of state but shall not...
- Section 109.12 - Legal Advice To State Officers And Boards.
The attorney general, when so requested, shall give legal advice to a state officer, board, commission, the warden of a state correctional institution, the...
- Section 109.121 - Real Property Title Review And Opinion.
Prior to the acquisition by the state of any right, title, or interest in real property, except highway rights-of-way, evidence of such right, title,...
- Section 109.122 - Review Of Entertainment Or Sponsorship Contracts Of Expositions Commission.
(A) The attorney general may review for form, content, and legality and provide legal advice concerning any proposed entertainment or sponsorship contracts of the...
- Section 109.13 - General Assembly May Require Written Opinions.
When so required by resolution, the attorney general shall give his written opinion on questions of law to either house of the general assembly....
- Section 109.14 - Attorney General Shall Advise Prosecuting Attorneys And Township Law Directors.
When requested by them, the attorney general shall advise the prosecuting attorneys of the several counties respecting their duties in all complaints, suits, and...
- Section 109.15 - Forms Of Contracts.
The attorney general shall prepare suitable forms of contracts, obligations, and other like instruments of writing for the use of state officers, when requested...
- Section 109.16 - Suits May Be Brought In Franklin County.
The attorney general may prosecute an action, information, or other proceeding in behalf of the state, or in which the state is interested, except...
- Section 109.17 - Writs In Other Counties.
In all cases instituted by the attorney general under sections 109.01 to 109.22, inclusive, of the Revised Code, the writ may be sent by...
- Section 109.18 - Service By Publication.
If a writ of mesne process in proceedings in quo warranto is returned "not found" by the sheriff of the county in which the...
- Section 109.19 - Security For Costs And Verification Of Pleadings.
No undertaking or security is required on behalf of the state or an officer thereof, in the prosecution or defense of any action, writ,...
- Section 109.20 - Actions To Be Taken Out Of Their Order.
Upon motion of the attorney general, embodying a statement that the public interests require it, a civil action, brought or prosecuted by him on...
- Section 109.21 - Moneys Paid Into General Revenue Fund.
The attorney general shall pay all moneys collected or received by the attorney general on behalf of the state into the state treasury to...
- Section 109.22 - Registers Shall Be Kept.
The attorney general shall keep a register of all actions, demands, complaints, writs, informations, and other proceedings, prosecuted or defended by him, noting therein...
- Section 109.23 - Charitable Trust Defined.
As used in sections 109.23 to 109.33 of the Revised Code: (A) "Charitable trust" means any fiduciary relationship with respect to property arising under...
- Section 109.231 - Prohibited Administrative Acts.
(A) In the administration of any trust which is a "private foundation" as defined in section 509 of the internal revenue code of 1954,...
- Section 109.232 - Amendment Of Governing Instrument Of Trust.
(A) The governing instrument of a trust described in division (A) of section 109.231 of the Revised Code may be amended to permit the...
- Section 109.24 - Investigating Transactions And Relationships Of Trustees Of Charitable Trust.
The powers of the attorney general under sections 109.23 to 109.33 of the Revised Code shall be in addition to and not in limitation...
- Section 109.25 - Attorney General Is Necessary Party To Charitable Trust Proceedings.
The attorney general is a necessary party to and shall be served with process or with summons by registered mail in all judicial proceedings,...
- Section 109.26 - Registration Of Charitable Trusts.
Except as provided in this section, every charitable trust established or active in this state shall register with the attorney general. The attorney general...
- Section 109.27 - Administrative Rules.
The attorney general shall make such rules subject to the provisions of sections 119.01 to 119.13 of the Revised Code, as are necessary to...
- Section 109.28 - Inspection Of Register Of Charitable Trusts.
The register established by section 109.26 shall be open to the inspection of any person at such reasonable times and for such legitimate purposes...
- Section 109.29 - Courts To Furnish Information Relating To Charitable Trusts.
The clerk of each court of common pleas or the judge of the probate division thereof, and of each court of appeals shall furnish...
- Section 109.30 - Notice Of Creation Of Charitable Trust To Attorney General And Specified Persons After Probate Of Will.
After admission to probate of a will creating or purporting to create a charitable trust that must be registered under section 109.26 of the...
- Section 109.31 - Trustee's Annual Report To Attorney General.
Except as otherwise provided by this section, the trustees of a charitable trust required to register under section 109.26 of the Revised Code shall...
- Section 109.32 - Charitable Law Fund.
All annual filing fees obtained by the attorney general pursuant to section 109.31 of the Revised Code, all receipts obtained from the sale of...
- Section 109.33 - Employees.
The attorney general may appoint, with salaries fixed pursuant to section 124.15 or 124.152 of the Revised Code, such assistants and may employ such...
- Section 109.34 - Notice Of Transactions By Nonprofit Health Care Entity.
(A) As used in this section and in section 109.35 of the Revised Code: (1) "Fair market value" means the price that the assets...
- Section 109.35 - Approval Or Disapproval Of Proposed Transactions.
(A) Not later than sixty days after receipt of a notice and other documents required by section 109.34 of the Revised Code, the attorney...
- Section 109.36 - Defense Of Officers And Employees Definitions.
As used in this section and sections 109.361 to 109.366 of the Revised Code: (A) (1) "Officer or employee" means any of the following:...
- Section 109.361 - Defense Of State Officer Or Employee In Civil Action.
Upon the receipt of a written request by any officer or employee, the attorney general, except as provided in section 109.362 of the Revised...
- Section 109.362 - Investigation As To Whether Action Was Manifestly Outside Scope Of Duties Or With Malicious Purpose Or In Bad Faith.
(A) Prior to undertaking any defense under section 109.361 of the Revised Code, the attorney general shall conduct an investigation of the facts to...
- Section 109.363 - Employer To Provide Written Report And Information.
The employer of the defendant officer or employee shall provide the attorney general with a written report indicating the present or former position, job...
- Section 109.364 - Denial Of Representation.
If the attorney general denies representation to an officer or employee who made a request for representation under section 109.361 of the Revised Code,...
- Section 109.365 - Information Obtained Is Privileged.
Information obtained by the attorney general pursuant to his investigation to determine whether to defend an officer or employee is privileged and is not...
- Section 109.366 - Administrative Rules.
The attorney general may promulgate any rules that are necessary for the implementation of sections 109.36 to 109.366 of the Revised Code. Effective Date:
- Section 109.37 - Legal Representation Of Correctional Employee.
(A) An employee of the department of rehabilitation and correction may be represented in a criminal proceeding by an attorney selected pursuant to division...
- Section 109.40 - Compilation Of Statutes Relative To Obscenity.
The attorney general shall compile all statutes relative to obscenity in a convenient pamphlet or paper and may distribute this compilation, without charge, to...
- Section 109.41 - Claiming Escheated Property.
Whenever any state begins procedure to escheat property of any person who is an Ohio citizen, corporation, firm, or resident, or whose last known...
- Section 109.42 - Compilation Of Statutes Relative To Victim's Rights.
(A) The attorney general shall prepare and have printed a pamphlet that contains a compilation of all statutes relative to victim's rights in which...
- Section 109.43 - Public Records Training Programs - Model Public Records Policy.
(A) As used in this section: (1) "Designee" means a designee of the elected official in the public office if that elected official is...
- Section 109.51 - Bureau Of Criminal Identification And Investigation Created.
There is hereby created in the office of the attorney general, a bureau of criminal identification and investigation to be located at the site...
- Section 109.511 - Felony Conviction Precludes Or Terminates Employment.
(A) As used in this section, "felony" means any of the following: (1) An offense committed in this state that is a felony under...
- Section 109.52 - Operation And Maintenance Of Bureau.
The bureau of criminal identification and investigation may operate and maintain a criminal analysis laboratory and mobile units thereof, create a staff of investigators...
- Section 109.521 - Bureau Of Criminal Identification And Investigation Asset Forfeiture And Cost Reimbursement Fund.
There is hereby created in the state treasury the bureau of criminal identification and investigation asset forfeiture and cost reimbursement fund. All amounts awarded...
- Section 109.53 - Equipment Of Bureau.
The bureau of criminal identification and investigation shall be supplied with furniture, fixtures, apparatus, vehicles, and materials necessary to carry out the functions and...
- Section 109.54 - Cooperation Of Other Governmental Agencies.
(A) The bureau of criminal identification and investigation may investigate any criminal activity in this state that is of statewide or intercounty concern when...
- Section 109.541 - Powers And Duties Of Bureau.
(A) As used in this section: (1) "Investigator" means an officer or employee of the bureau of criminal identification and investigation described in section...
- Section 109.542 - Investigative Personnel Are Peace Officers.
If an officer or employee of the bureau of criminal identification and investigation is investigative personnel of the bureau and has been awarded a...
- Section 109.55 - Coordination Of Law Enforcement Work And Crime Prevention Activities.
The superintendent of the bureau of criminal identification and investigation shall recommend cooperative policies for the coordination of the law enforcement work and crime...
- Section 109.56 - Training Local Law Enforcement Officers In Crime Prevention, Detection, And Solution.
The bureau of criminal identification and investigation shall, where practicable, assist in training local law enforcement officers in crime prevention, detection, and solution when...
- Section 109.561 - Preservation Of Biological Evidence Task Force.
There is hereby established within the bureau of criminal identification and investigation a preservation of biological evidence task force. The task force shall consist...
- Section 109.57 - Duties Of Superintendent.
(A) (1) The superintendent of the bureau of criminal identification and investigation shall procure from wherever procurable and file for record photographs, pictures, descriptions,...
- Section 109.571 - National Crime Prevention And Privacy Compact.
The "national crime prevention and privacy compact" is hereby ratified, enacted into law, and entered into by the state of Ohio as a party...
- Section 109.572 - Criminal Records Check.
(A) (1) Upon receipt of a request pursuant to section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, a completed form prescribed pursuant...
- Section 109.5721 - Retained Applicant Fingerprint Database.
(A) As used in this section: (1) "Employment" includes volunteer service. (2) "Licensure" means the authorization, evidenced by a license, certificate, registration, permit, or...
- Section 109.573 - Dna Laboratory - Databases.
(A) As used in this section: (1) "DNA" means human deoxyribonucleic acid. (2) "DNA analysis" means a laboratory analysis of a DNA specimen to...
- Section 109.574 - Volunteers Have Unsupervised Access To Children Definitions.
As used in sections 109.574 to 109.577 of the Revised Code: (A) "Organization or entity" means a religious, charitable, scientific, educational, athletic, or service...
- Section 109.575 - Information Provided By Volunteers Having Access To Children.
At the time of a person's initial application to an organization or entity to be a volunteer in a position in which the person...
- Section 109.576 - Notice Of Volunteer's Conviction.
(A) If a person has applied to an organization or entity to be a volunteer in a position in which the person on a...
- Section 109.577 - Immunity From Civil Liability.
(A) If an organization or entity uses a volunteer in a position in which the person on a regular basis has unsupervised access to...
- Section 109.578 - Criminal Records Check.
(A) On receipt of a request pursuant to section 505.381, 737.081, 737.221, or 4765.301 of the Revised Code, a completed form prescribed pursuant to...
- Section 109.579 - Criminal Records Check.
(A) On receipt of a request pursuant to division (B) of section 4123.444 of the Revised Code, a completed form prescribed pursuant to division...
- Section 109.58 - Standard Fingerprint Impression Sheet.
The superintendent of the bureau of criminal identification and investigation shall prepare standard impression sheets on which fingerprints may be made in accordance with...
- Section 109.581, 109.582 - [Repealed].
Effective Date: 12-02-1996
- Section 109.59 - Fingerprint Impressions And Other Descriptive Measurements.
The sheriff, chief of police, or other person in charge of each prison, workhouse, or state correctional institution shall send to the bureau of...
- Section 109.60 - Forwarding Fingerprints And Descriptions To Bureau - Annual Methamphetamine Report.
(A) (1) The sheriffs of the several counties and the chiefs of police of cities, immediately upon the arrest of any person for any...
- Section 109.61 - Sheriff Or Chief Of Police To Forward Information To Bureau.
Each sheriff or chief of police shall furnish the bureau of criminal identification and investigation with descriptions, fingerprints, photographs, and measurements of the following:...
- Section 109.62 - Cooperation With Interstate, National, And International System Of Criminal Identification And Investigation.
The superintendent of the bureau of criminal identification and investigation shall co-operate with bureaus in other states and with the federal bureau of investigation...
- Section 109.63 - Superintendent May Testify.
The superintendent of the bureau of criminal identification and investigation and his assistants employed in accordance with section 109.51 of the Revised Code may...
- Section 109.64 - Periodic Information Bulletin Concerning Missing Children Who May Be Present In State.
The bureau of criminal identification and investigation shall prepare a periodic information bulletin concerning missing children whom it determines may be present in this...
- Section 109.65 - Missing Children Clearinghouse - Missing Children Fund.
(A) As used in this section, "minor," "missing child," and "missing children" have the same meanings as in section 2901.30 of the Revised Code....
- Section 109.66 - Publication Of Statistical Data On Trafficking In Persons.
(A) The attorney general, with assistance from the bureau of criminal identification and investigation, annually shall publish statistical data on violations of section 2905.32...
- Section 109.69 - Reciprocity Agreement.
(A) (1) The attorney general shall negotiate and enter into a reciprocity agreement with any other license-issuing state under which a concealed handgun license...
- Section 109.71 - Ohio Peace Officer Training Commission Created - Definitions.
There is hereby created in the office of the attorney general the Ohio peace officer training commission. The commission shall consist of nine members...
- Section 109.72 - Members - Organization.
Ohio peace officer training commission member terms shall be for three years, commencing on the twentieth day of September and ending on the nineteenth...
- Section 109.73 - Rule Recommendations.
(A) The Ohio peace officer training commission shall recommend rules to the attorney general with respect to all of the following: (1) The approval,...
- Section 109.731 - Prescribed Forms.
(A) (1) The attorney general shall prescribe, and shall make available to sheriffs an application form that is to be used under section 2923.125...
- Section 109.74 - Attorney General May Adopt And Promulgate Rules And Regulations.
The attorney general, in accordance with Chapter 119. of the Revised Code, has discretion to adopt and promulgate any or all of the rules...
- Section 109.741 - Rules Governing Training Of Peace Officers In Handling Of Missing Children And Child Abuse And Neglect Cases.
The attorney general shall adopt, in accordance with Chapter 119. or pursuant to section 109.74 of the Revised Code, rules governing the training of...
- Section 109.742 - Rules Governing Training Of Peace Officers In Crisis Intervention.
The attorney general shall adopt, in accordance with Chapter 119. or pursuant to section 109.74 of the Revised Code, rules governing the training of...
- Section 109.743 - Administrative Rules.
The attorney general shall adopt, in accordance with Chapter 119. of the Revised Code or pursuant to section 109.74 of the Revised Code, rules...
- Section 109.744 - Rules Governing Training Of Peace Officers In Handling Of Offense Of Domestic Violence.
The attorney general shall adopt, in accordance with Chapter 119. of the Revised Code or pursuant to section 109.74 of the Revised Code, rules...
- Section 109.745 - Training For Investigating And Handling Crime Of Trafficking In Persons.
(A) The attorney general shall provide training for peace officers in investigating and handling violations of section 2905.32 of the Revised Code. The training...
- Section 109.746 - Public Awareness Programs Regarding Trafficking In Persons.
(A) The attorney general may prepare public awareness programs that are designed to educate potential victims of violations of section 2905.32 of the Revised...
- Section 109.747 - Rules Governing Training Of Peace Officers On Companion Animal Encounters And Companion Animal Behavior.
The attorney general shall adopt, in accordance with Chapter 119. of the Revised Code or pursuant to section 109.74 of the Revised Code, rules...
- Section 109.75 - Powers And Duties Of Peace Officer Training Commission Executive Director.
The executive director of the Ohio peace officer training commission, on behalf of the commission, shall have the following powers and duties, which shall...
- Section 109.751 - Attendance Of Undercover Drug Agents, Bailiffs, Deputy Bailiffs Or Public Defender Investigators At Basic Training Programs.
(A) The executive director of the Ohio peace officer training commission shall neither approve nor issue a certificate of approval to a peace officer...
- Section 109.752 - Sheriff Attending Peace Officer Basic Training Programs.
Any sheriff may attend and be awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the satisfactory...
- Section 109.76 - Peace Officers Not Exempted From Civil Service.
Nothing in sections 109.71 to 109.77 of the Revised Code shall be construed to except any peace officer, or other officer or employee from...
- Section 109.761 - Reports Of Appointment To Peace Officer Training Commission.
(A) (1) Each agency or entity that appoints or employs one or more peace officers shall report to the Ohio peace officer training commission...
- Section 109.77 - Certificate Of Completion Of Basic Training Program Necessary For Appointment.
(A) As used in this section : (1) "Felony" has the same meaning as in section 109.511 of the Revised Code. (2) "Companion animal"...
- Section 109.78 - Certification Of Special Police, Security Guards, Or Persons Otherwise Privately Employed In A Police Capacity.
(A) The executive director of the Ohio peace officer training commission, on behalf of the commission and in accordance with rules promulgated by the...
- Section 109.79 - Ohio Peace Officer Training Academy.
(A) The Ohio peace officer training commission shall establish and conduct a training school for law enforcement officers of any political subdivision of the...
- Section 109.80 - Basic Training Course For Sheriffs - Continuing Education.
(A) The Ohio peace officer training commission shall develop and conduct a basic training course lasting at least three weeks for sheriffs appointed or...
- Section 109.801 - Annual Firearms Requalification Program.
(A) (1) Each year, any of the following persons who are authorized to carry firearms in the course of their official duties shall complete...
- Section 109.802 - Law Enforcement Assistance Fund.
(A) There is hereby created in the state treasury the law enforcement assistance fund. The attorney general shall use the fund to pay reimbursements...
- Section 109.803 - Continuing Professional Training For Peace Officers And Troopers.
(A) (1) Subject to division (A)(2) of this section, every appointing authority shall require each of its appointed peace officers and troopers to complete...
- Section 109.81 - Antitrust Cases - Appointment Of Special Counsel.
(A) The attorney general shall act as the attorney at law in any antitrust case for the state. He may act as the attorney...
- Section 109.82 - Antitrust Section - Fund.
There is hereby created in the office of the attorney general a section of antitrust. Ten per cent of all recoveries obtained by the...
- Section 109.83 - Investigating Organized Criminal Activity.
(A) When directed by the governor or general assembly, the attorney general may investigate any organized criminal activity in this state. When it appears...
- Section 109.84 - Investigation And Prosecution Of Violation Of Workers Compensation Law.
(A) Upon the written request of the governor, the industrial commission, the administrator of workers' compensation, or upon the attorney general's becoming aware of...
- Section 109.85 - Investigation And Prosecution Of Violation Of Medicaid Law.
(A) Upon the written request of the governor, the general assembly, the auditor of state, the medicaid director , the director of health, or...
- Section 109.86 - Investigation And Prosecution Of Patient Abuse Or Neglect.
(A) The attorney general shall investigate any activity the attorney general has reasonable cause to believe is in violation of section 2903.34 of the...
- Section 109.87 - Prohibiting Telemarketer From Engaging In Any Act Or Practice In Violation Of Federal Laws.
(A) (1) As used in this section, "federal act or rule" means the "Telemarketing and Consumer Fraud and Abuse Prevention Act," 108 Stat. 1545...
- Section 109.88 - Investigation Of Telecommunications And Telemarketing Fraud.
(A) If the attorney general has reasonable cause to believe that a person or enterprise has engaged in, is engaging in, or is preparing...
- Section 109.89 - Access And Use Of National Precursor Log Exchange Information.
(A) As used in this section, "pseudoephedrine product," "ephedrine product," "national precursor log exchange," and "exchange" have the same meanings as in section 3715.05...
- Section 109.90 - Collaboration In Establishment And Administration Of Drug Take-back Program.
(A) The attorney general shall collaborate with the state board of pharmacy and director of mental health and addiction services in the establishment and...
- Section 109.91 - Crime Victims Assistance Office - State Victims Assistance Advisory Council.
(A) There is hereby established within the office of the attorney general the crime victims assistance office. (B) There is hereby established the state...
- Section 109.92 - State Financial Assistance To Victim Assistance Programs That Operate In State.
(A) Appropriations may be made by the general assembly to the office of the attorney general for the purpose of providing state financial assistance...
- Section 109.921 - Rape Crisis Program Trust Fund.
(A) As used in this section: (1) "Rape crisis program" means any of the following: (a) The nonprofit state sexual assault coalition designated by...
- Section 109.93 - Attorney General Education Fund.
The attorney general education fund is hereby created in the state treasury. The fund shall consist of gifts and grants received by the attorney...
- Section 109.94 - Attorney General May Issue Identity Fraud Passport To Victim.
(A) The attorney general, in cooperation with any law enforcement agency, may issue an identity fraud passport to a person who is a victim...
- Section 109.941 - Technical Assistance Regarding Identity Fraud Crimes.
The attorney general shall cooperate with and provide technical assistance to any local law enforcement agency in the state, upon that agency's request, with...
- Section 109.942 - Amended And Renumbered Rc 122.24.
Effective Date: 10-05-1987
- Section 109.95 - Criminal Proceedings For Election Fraud.
Notwithstanding any provision of the Revised Code to the contrary pertaining to prosecutorial authority, the attorney general may initiate criminal proceedings for election fraud...
- Section 109.96 - [See Note] Deleted.
Editor's Note: Deleted per the decision in United Auto Workers, Local Union 1112 v. Brunner, 182 Ohio App.3d 1, 2009-Ohio-1750.
- Section 109.97 - Capital Case Status Report.
(A) As used in this section: (1) "Commutation," "pardon," "prisoner," and "state correctional institution" have the same meanings as in section 2967.01 of the...
- Section 109.98 - Civil Action Against State Retirement Board Member For Breach Of Fiduciary Duty.
As used in this section, "state retirement board" means the public employees retirement board, board of trustees of the Ohio police and fire pension...
- Section 109.981 - Civil Action Against Workers' Compensation Oversight Commission Member.
If a member of the bureau of workers' compensation board of directors breaches the member's fiduciary duty to the bureau of workers' compensation, the...
- Section 109.99 - Penalty.
(A) Whoever violates section 109.26 of the Revised Code shall be fined not less than five hundred nor more than ten thousand dollars or...
Last modified: October 10, 2016