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Opinions
As chief law officer of the state, the Ohio Attorney General provides written opinions on legal questions at the request of designated public officials on issues arising in the course of their duties. The Attorney General’s Office does not prepare opinions for private citizens. The Opinions Section researches, writes, and prepares for issuance and publication all formal opinions of the Attorney General. For more details about the formal opinions process, please visit the Opinions FAQs.
Opinions prior to 1993 can be found under the Opinions Archive.
The Opinions Section also maintains a listing of previous AG Opinions that have been subsequently overruled.
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Requested by: Ashtabula County Prosecuting Attorney
A probate court cannot hold its hearings or other proceedings anywhere other than at the county seat.
Requested by: Franklin County Prosecuting Attorney
A county prosecutor may reimburse an employee’s travel-related meal costs with money from furtherance of justice funds, the law enforcement trust fund, or mandatory drug fines, if covering those costs would be consistent with the statutory purpose of those funds. A prosecutor may adopt a per diem allowance for employees’ travel-related meal costs but only as a limit on reimbursement for actual expenses. Receipt documentation for reimbursement must comply with the Auditor of State’s requirements.
Requested by: Vinton County Prosecuting Attorney
A township may levy an additional excise lodging tax under R.C. 5739.08(B) by a resolution increasing the rate imposed by a prior resolution adopted under R.C. 5739.08. The resolution need not identify the statutory authority upon which it relies, is not invalid merely because it identifies a specific establishment to which the tax may apply and remains enforceable even if the taxing authority elects not to adopt written regulations governing the administration and allocation of the tax. For purposes of levying an excise lodging tax under R.C. 5739.08, a township may apply the definition of “hotel” in R.C. 5739.01(M) or adopt an alternative definition authorized by R.C. 5739.091 that includes establishments with fewer than five guest rooms.
Requested by: Delaware County Prosecuting Attorney
Pursuant to R.C. 3375.22, if a county library district board was established before September 30, 2025, trustees appointed to a new term on or after that date are entitled to serve four year terms. The transitional staggering of terms “at the first appointment” applies only when a new county library district board is created. The statute’s reference to seven-year terms for subsequent appointments is a scrivener’s error, should not be given effect, and instead must be read as four years.
Requested by: Trumbull County Prosecuting Attorney
R.C. 121.221 permits the board of directors and the solid-waste management policy committee of a joint solid-waste district to conduct their meetings or hearings virtually, except when the meetings or hearings involve a vote to approve a major nonroutine expenditure, a significant hiring decision, or a purpose to propose, approve, or vote on a tax issue or increase.