Ohio Admin. Code 901-5-07 - Reporting society finances and hearing procedures for withholding funds by the department
(A) Each agricultural society shall
file a financial report, in accordance with section
117.38 of the Revised Code, and
forward the report to the department include in the report to the
director of agriculture, as required by section 901.06
1711.06
of the Revised
Code, on forms provided by the director of
agriculture, and following accounting rules entitled "Financial Reporting
and Accounting; County Agricultural Societies and Independent Agricultural
Societies" promulgated by the auditor of state pursuant to section
117.20 of the Revised Code and
adopted by the director of agriculture:
(1) A
summary of the receipts and expenditures of the society during the period
covered by the report;
(2)
A newspaper clipping, properly certified under oath,
of the published abstract of its accounts required by
Demonstration of compliance with the publishing requirements
found in section
1711.05 of the Revised
Code;
(3) A report of
junior fair exhibits,
premiums paid, and other expenses of the junior fair
division;
(4) A report of
the horse racing program, if any, at the fair; and
(5) A
report of the colt stake races, if any, at the fair;
.
(6) A voided membership ticket for
the year of the report; and
(7) A voided season ticket for the
fair if the society uses such tickets.
(B) Each agricultural society shall submit a
copy of the annual premium list for the fair held by the society during the
period covered by the report required by section 901.06
1711.06
of the Revised
Code, with or prior to submission of the report.
(C) A majority of the board of directors of
each agricultural society shall approve, and the secretary or
secretary-treasurer of each agricultural society shall sign and swear to the
accuracy of the report of their
the society, before it
the report is
submitted to the director of agriculture.
(D) Each agricultural society shall make
its
the
society's books, accounts, reports, etc., available for inspection by the
director of agriculture or his authorized
designee.
(E) If the director of
agriculture determines that an agricultural society has violated any law or
rule administered by the department, he
the director of agriculture may refuse to issue a
certificate to the board of county commissioners or the county auditor, or an
order to the auditor of state, authorizing the payment of county or state funds
to the agricultural society.
(1) If the
director of agriculture finds that he should
withhold his
the certificate or order for
county or state funds should be withheld,
he
the
director may, prior to a hearing conducted in accordance with Chapter
119. of the Revised Code, order that the violating agricultural society rectify
its
the
society's violation in a manner and time specified in the order. If the
society rectifies its
the society's violation to the satisfaction of the
director of agriculture within the time set, he
the director of
agriculture may then issue a certificate or order for the payment of
county or state funds.
(2) If the
director of agriculture believes he should refuse to
issue his
the certificate or order for
one or more years should not be issued,
he
the director of
agriculture shall hold a hearing for such agricultural society in
accordance with Chapter 119. of the Revised Code. his
The director of
agriculture's letter notifying the agricultural society of such a hearing
shall state in which year(s)
year the violation(s)
violation
occurred and for which or how many years refusal to issue is
contemplated.
(3) Following a
hearing conducted in accordance with Chapter 119. of the Revised Code, the
director of agriculture may:
(a) Order the
agricultural society to rectify its
the society's violation in a manner and time specified
in the order. If the society rectifies its
the society's
violation to the satisfaction of the director of agriculture,
he
the director of
agriculture may then issue a certificate or order for the payment of
county or state funds; or
(b)
Refuse to issue certificates or orders for payment of county or state funds for
as many years as he
the director of agriculture deems appropriate.
he
the director of
agriculture shall specify in his
The director of agriculture's order the
year(s)
year
for which he
the
director of agriculture will refuse to issue such certificates or orders.
If more than one year is specified, the director of agriculture may at any time
modify his
The
director of agriculture's order so that it
the order does not
include later years.
(F) Any citizen may file a sworn complaint
with the director of agriculture concerning any
agricultural society which operates in the county or district in which
he
the citizen
resides. Such complaint shall state:
(1) Facts
which constitute a violation on the part of the agricultural society of a law
or rule administered by the department; and
(2) The law or rule which the society
allegedly violated.
(G)
If the director of agriculture receives a citizen's complaint, and if
it
the complaint
appears to be well-founded, he
the director of agriculture may conduct an
investigation to establish the validity of the complaint. The director
of agriculture may hold an informal hearing, and
specify the rules under which each such informal hearing is conducted, to allow
the complainant to present evidence that the violation
he
the
complainant alleges did occur. If the facts found
in the complaint do not constitute a violation on the part of the agricultural
society of a law or rule administered by the department, the director of
agriculture may forward the complaint to an authority with jurisdiction over
the matter.
Notes
Promulgated Under: 119.03
Statutory Authority: 1711.06
Rule Amplifies: 1711.05, 1711.06
Prior Effective Dates: 08/15/1968, 03/23/1988, 10/28/2010, 07/07/2016
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