Rules and Public Hearing Notices

Rule(s): 109:4-3-19 and 109:4-3-27

A public hearing will be held by the Office of Attorney General Mike DeWine on Thursday, February 2, 2012 at 10:00 a.m. in the Administrative Hearing Room, 3rd Floor, Rhodes State Office Tower, located at 30 East Broad Street, Columbus, Ohio 43215.

The purpose of the hearing is to solicit public comment on the following proposed amended rules: Rule 109:4-3-19, titled “Determining a consumer's ability to repay a residential mortgage loan.” The proposed amended rule adds a new paragraph (H), which provides a safe-harbor provision that a consumer is assumed to have an ability to repay if the consumer is being refinanced at the same or better terms. This new provision will allow a lender to conduct the refinancing process over the telephone and forego conducting the standard underwriting process, because the consumer is current on his mortgage, and the refinance is for the same terms or better terms for the consumer.

Rule 109:4-3-27, titled “No reasonable probability of payment.” The proposed amended rule adds a new paragraph (F), which provides a safe-harbor provision that a consumer is assumed to have an ability to repay if the consumer is being refinanced at the same or better terms. This new provision will allow a lender to conduct the refinancing process over the telephone and forego conducting the standard underwriting process because the consumer is current on his mortgage, and the refinance is for the same terms or better terms for the consumer.

Rule(s): 109:5-5-01 and 109:5-5-02

A public hearing will be held by the Office of Attorney General Mike DeWine on Tuesday, August 2nd, 2011 at 11:30 a.m. in the Lobby Hearing Room of the Rhodes State Office Tower, located at 30 East Broad Street, Columbus, Ohio 43215.

The purpose of the hearing is to solicit comment on the following proposed new rules:

When used in Chapter 109:5-5 of the Administrative Code:

(A) "DNA analysis," "DNA database," "DNA record" and "DNA specimen" have the same meanings as in section 109.573 of the Revised Code.

(B) "Computerized criminal history" means bureau of criminal identification and investigation's fingerprint-based criminal history database records collected, maintained and disseminated pursuant to sections 109.57, 109.571 and 109.60 of the Revised Code, including records maintained or received through the Ohio law enforcement gateway database, the Ohio law enforcement automated data system and livescan data system.

(C) "Agency" and "agencies" means law enforcement agencies and criminal justice agencies that are authorized to collect arrestee and convicted offender DNA samples under section 2901.07 of the Revised Code.

Rule 109:5-5-02 titled “Arrestee and convicted offender DNA collection and submission procedures”

(A) When collecting arrestee and convicted offender DNA samples pursuant to section 2901.07 of the Revised Code, law enforcement and criminal justice agencies shall:

Verify the arrestee/offender's identity via demographic and fingerprint data.

(1) To verify the identity of the individual via demographic data, agencies should obtain and compare data on government-issued photo identification and demographic data stored in a law enforcement database with computerized criminal history access, such as OHLEG or LEADS.

(2) To verify the arrestee/offender's identity via fingerprint data, agencies should submit the individual's fingerprints through a law enforcement system with automated fingerprint identification system access, such as livescan or rapid ID and obtain automated fingerprint comparison results from the system.

(B) When a DNA sample is collected pursuant to section 2901.07 of the Revised Code and submitted to the bureau of criminal identification and investigation:

(1) If an acceptable DNA profile and record is developed from the sample, the bureau will denote a positive response in the DNA collection form field on the individual's computerized criminal history record;

(2) The bureau of criminal identification and investigation will determine whether DNA sample collection has failed and will denote a negative response in the DNA collection form field on an individual's computerized criminal history if a DNA sample collection did not produce a valid DNA profile.

(C) If the collecting agency verifies through an arrestee or convicted offender's computerized criminal history that a DNA specimen pursuant to section 2901.07 of the Revised Code has been previously collected from the individual due to a prior arrest or conviction, an additional DNA sample is not required to be collected.

(D) If the collecting agency verifies through an arrestee or convicted offender’s computerized criminal history that a DNA specimen pursuant to section 2901.07 of the Revised Code has been previously collected from the individual due to a prior arrest or conviction, but that the prior DNA specimen collection is no longer denoted in the computerized criminal history, the agency shall cause another DNA specimen to be taken from the arrestee/convicted offender.

(E) If a DNA specimen previously collected pursuant to section 2901.07 of the Revised Code due to a prior arrest or conviction has failed and the previous specimen cannot be used by the bureau of criminal identification and investigation for analysis, the agency shall cause an additional DNA specimen to be collected from the individual.

Rule(s): 109:1-1-04

This rule is being amended to raise the annual report filing threshold from annual gross receipts of more than five thousand dollars or gross assets of more than fifteen thousand dollars to gross receipts of at least twenty-five thousand dollars or gross assets of more than twenty-five thousand dollars, all to reflect recent changes in state law.

Rule(s): 109-4-01, 109-4-02, 109-4-03, 109-4-04, 109-4-05

These rules govern how the Attorney General’s office will adequately protect confidential personal information collected and maintained by the office. Rule 109-4-01 contains applicable definitions. Rule 109-4-02 sets forth: the office’s criteria for accessing confidential personal information; how an individual may access his or her own confidential personal information; how the office will notify a person of invalid access; and the duties of a privacy point of contact within the office. Rule 109-4-03 lists valid reasons for Attorney General employees to access confidential personal information. Rule 109-4-04 list the confidentiality statutes applicable to the office. Rule 109-4-05 sets forth how access to confidential personal information in computerized systems will be restricted and logged.

Rule(s): 109:6-1-01, 109:6-1-02, 109:6-1-03, 109:6-1-04, 109:6-1-05

Every five years, the Ohio Attorney General's Environmental Background Investigation Unit is obligated to review the rules that govern the Unit's background checks of off-site solid, infectious, and hazardous waste facilities and decide whether to amend them. After completing this review our office proposes to amend these rules. Both the current and proposed rules consist of five subsections, OAC 109:6-1-01 to 109:6-1-05. The subsections are entitled: 1) definitions, 2) disclosure statements, 3) fingerprinting, 4) fees, and 5) waiver. Together these subsections describe in detail the environmental background investigation process. The proposed amendments to the subsections clarify existing ambiguities and streamline the disclosure process. To view the Environmental Background Investigation Unit’s proposed rules, please click on the links below.