Ohio Admin. Code 111:3-3-05 - Remedies

(A) If the secretary determines that a county is in default of any agreement, including its financial obligation to the loan fund, then the secretary may do the following:

(1) The secretary may seize any equipment purchased through the loan fund that is still considered property of the state. The secretary may resell the equipment, store the equipment, or redistribute the equipment and enter into a new agreement with another county to mitigate the loss to the loan fund.

(2) The secretary may, by civil action, mandamus, or other judicial or administrative proceeding, compel performance by a county commission of all the terms and conditions of the loan agreement between the two parties.

(B) If the county does not reimburse the loan fund the difference between the estimated cost and the final cost of the equipment within thirty days, then the secretary may, by civil action, mandamus, or other judicial or administrative proceeding, compel performance by a county commission.

Replaces: 111-16-05

Notes

Ohio Admin. Code 111:3-3-05

Five Year Review (FYR) Dates: 1/10/2022 and 01/08/2027
Promulgated Under: 119.03
Statutory Authority: 111.26
Rule Amplifies: 111.26, 154.24
Prior Effective Dates: 01/07/2011, 01/25/2016

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 111.26
Rule Amplifies: 111.26, 152.09, 152.33
Prior Effective Dates: 01/07/2011