Ohio Administrative Code 109 — Attorney General

Chapter 109-2 Net Worth

Ohio Adm.Code 109-2-01 Definition of net worth.

As used in sections 119.092 and 2335.39 of the Revised Code, the term "net worth" shall be the remainder after subtracting a party's total liabilities from such party's total assets. In computing a party's total assets and total liabilities the following guidelines shall be used:

(A) The term "assets" shall include all money, receivables, prepaid items, and other property of the party, be it real or personal, tangible or intangible.

(B) The value of property shall be determined as of the date of the commencement of the proceeding, which resulted in the motion for compensation. The value shall be the amount at which the property would change hands in an arms-length transaction between a willing buyer and a willing seller, except that in valuing the personal residence of an individual, the most recent appraisal for real property tax purposes, occurring after the last sale of the property, may be used at the option of the individual.

(C) The term "liabilities" shall include all obligations, short term and long term, for which the party is responsible.

Last updated December 2, 2024 at 11:32 AM

History

• Effective: July 1, 1985
• Promulgated Under: 119.03

Chapter 109-3 Contracts for the Provision of Services Benefiting Individuals or the Public

Ohio Adm.Code 109-3-01 Definitions and guidelines for direct and allocable non direct costs and routine business services.

(A) "Direct costs" are defined as those costs associated with providing services that directly benefit a patient, client or the public as set forth in any contract entered into pursuant to section 9.231 of the Revised Code. Typical direct costs chargeable to a contract include, but are not limited to:

(1) Compensation of employees for the time devoted to the performance of the contract;

(2) Cost of materials or supplies acquired, consumed, or expended for the purpose of the contract;

(3) Equipment and other capital expenditures specified in the contract; and

(4) Travel expenses incurred to carry out the contract.

(B) "Direct costs" shall not include the costs of any financial review or audit required under section 9.234 of the Revised Code.

(C) Direct costs, at a minimum, shall be:

(1) Necessary and reasonable;

(2) Allocable to the contract;

(3) Authorized or not prohibited under federal, state or local law;

(4) In conformity with any limitations specified in the contract;

(5) Accorded consistent treatment;

(6) Determined in accordance with generally accepted accounting principles;

(7) Net of all applicable credits; and

(8) Adequately documented.

(D) The guidance provided in 2 CFR 200 (as in effect on the effective date of this rule), to the extent applicable, shall be followed for direct costs unless otherwise agreed to by the parties in a written contract. Costs not specified in 2 CFR 200 (as in effect on the effective date of this rule) may be included as direct costs if specifically identified and agreed to by the parties in a written contract.

(E) "Allocable non direct costs" as defined in division (A) of section 9.23 of the Revised Code are considered the equivalent of indirect costs.

(F) For the purposes of division (B)(2)(f) of section 9.231 of the Revised Code, "routine business services other than administrative or management services" shall be determined on a case-by-case basis depending on the accepted and relevant business or trade standards that may apply to the type of business and services under consideration.

Last updated May 5, 2025 at 10:00 AM

History

• Effective: January 19, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 109-3-02 Maintenance of records documenting direct costs.

(A) Records documenting direct costs for contracts entered into pursuant to section 9.231 of the Revised Code shall be maintained in the following manner:

(1) Adequate records shall be maintained by the recipient as defined in division (G) of section 9.23 of the Revised Code to support the receipt and expenditure of monies under contract. Records may be maintained in a paper media or an electronic media, or both.

(2) Records shall be available and accessible for inspection by an independent public accounting firm or by the auditor of state during a financial audit or review consistent with sections 9.234 and 9.235 of the Revised Code.

(3) Records supporting the receipt or expenditure of contract funds shall be maintained by the recipient for a period of not less than one year following the financial audit or financial review of recipient records.

(4) Nothing in this rule is intended to supersede or change any rule, regulation or statute that requires a longer retention period.

Last updated May 5, 2025 at 10:00 AM

History

• Effective: January 13, 2006
• Promulgated Under: 119.03

Ohio Adm.Code 109-3-03 Remedies in the event of a breach of contract.

(A) In the event of a breach of a contract entered into pursuant to section 9.231 of the Revised Code, a governmental entity shall have remedies including but not limited to the following:

(1) A governmental entity may bring a civil action for the recovery of money due to the governmental entity from a recipient under division (A) of section 9.236 of the Revised Code. In such an action, any person with which the recipient has contracted for the performance of the recipient's material obligations to a group of beneficiaries under the recipient's contract with the governmental entity may be made a party defendant if the person is unable to demonstrate to the satisfaction of the governmental entity that the person has materially complied with the terms of the contract with the recipient. In such a case, the person may be made a party defendant and the governmental entity may obtain a judgment against the person in accordance with division (B)(2) of section 9.236 of the Revised Code.

(2) If a governmental entity obtains a judgment against a recipient in a civil action brought under division (B)(1) of section 9.236 of the Revised Code and the judgment is uncollectible, the governmental entity may recover from the person with which the recipient contracted an amount not exceeding the lesser of the following:

(a) The unsatisfied amount of the judgment;

(b) The total amount received by the person from the recipient minus the total amount spent by the person on direct costs for services actually performed and retained by the person as allocable non direct costs, associated with those direct costs, as those terms are defined in section 9.231 of the Revised Code.

(3) If a governmental entity, pursuant to section 9.236 of the Revised Code, obtains a judgment against a recipient or against a person with which the recipient contracted and that judgment debtor does not voluntarily pay the amount of the judgment, that judgment debtor shall be precluded from contracting with a governmental entity to the extent provided in divisions (A) and (B) of section 9.24 of the Revised Code for a debtor against whom a finding for recovery has been issued.

(4) In addition to other remedies provided in divisions (A) to (C) of section 9.236 of the Revised Code and paragraph (A)(1) to (A)(3) of this rule, a governmental entity may void a contract between a recipient and another person for the performance by the other person of the recipient's obligations under the recipient's contract with the governmental entity to the extent that the other person has not yet performed its obligations under the contract or cannot demonstrate that the money it received was expended on direct costs or retained as allocable non direct costs.

(5) If a recipient is liable to repay money to a governmental entity under section 9.236 of the Revised Code and the judgment obtained by the governmental entity against the recipient is uncollectible, then in addition to other remedies provided in divisions (A) to (C) of section 9.236 of the Revised Code, and after the governmental entity has obtained a judgment against any necessary third party, the governmental agency may void any of the following contracts:

(a) A contract made not more than one hundred eighty days before the judgment against the recipient became uncollectible between the recipient and a director, trustee, or officer of the recipient or a business in which a director, trustee, or officer of the recipient has a material financial interest, if either of the following applies:

(i) The recipient has paid substantial value for the property received and the property can be returned to the other person. If the property has experienced only normal wear and tear, the person shall be liable to the governmental entity for the full amount the recipient paid for the property. Otherwise, the person shall be liable to the governmental entity only for the market value of the property.

(ii) The person with whom the recipient contracted has received money that the recipient obtained pursuant to the contract with the governmental entity and the money was not expended on direct costs or retained as allocable non direct costs. In such a case, the governmental entity may void the contract to the extent the money was not expended on direct costs or retained as allocable non direct costs, and the person shall be liable to the governmental entity for that amount.

(b) A contract made not more than one hundred eighty days before the judgment against the recipient became uncollectible between the recipient and an employee of the recipient or a business in which an employee of the recipient has a material financial interest, if the employee has direct knowledge of the use of the money that the recipient obtained pursuant to the contract with the governmental entity and either division (E)(1)(a) or (E)(1)(b) of section 9.236 of the Revised Code applies;

(c) A contract is entered into between the recipient and another person pursuant to which the recipient has paid or agreed to pay money to the other person to the extent that the other person has not yet performed its obligations under the contract;

(d) A contract made not more than one year before the judgment against the recipient became uncollectible between the recipient and a person other than the governmental entity if the other person has not given or agreed to give consideration of reasonable and substantial value for the consideration given by the recipient.

Last updated May 5, 2025 at 10:00 AM

History

• Effective: January 19, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 109-3-04 Terms to be included in contracts between recipients and persons other than the governmental entity.

(A) All contracts between recipients and persons other than the governmental entity shall contain the following:

(1) A clause giving notice of the remedies available to the governmental entity if the money under the contract between the recipient and persons other than the governmental entity is not expended on direct costs or retained as allocable non-direct costs or, with respect to any contract described in division (A)(3) of section 9.231 of the Revised Code, is not earned under the terms of the contract with the governmental entity.

(2) A clause requiring the person with whom the recipient is contracting to maintain records documenting direct costs and how long those records must be maintained consistent with the requirements for maintenance of such records under rule 109-3-02 of the Administrative Code.

Last updated May 5, 2025 at 10:00 AM

History

• Effective: January 13, 2006
• Promulgated Under: 119.03

Chapter 109-4 Accessing Confidential Personal Information

Ohio Adm.Code 109-4-01 Definitions.

For the purposes of administrative rules promulgated in accordance with section 1347.15 of the Revised Code, the following definitions apply:

(A) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving whereas "access" as a verb means to copy, view, or otherwise perceive.

(B) "Acquisition of a new computer system" means the purchase of a "computer system," as defined in this rule, that is not a computer system currently in place nor one for which the acquisition process has been initiated as of the effective date of the office rule addressing requirements in section 1347.15 of the Revised Code.

(C) "Computer system" means a "system," as defined by section 1347.01 of the Revised Code, that stores, maintains, or retrieves personal information using electronic data processing equipment.

(D) "Confidential personal information" (CPI) has the meaning as defined by division (A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the office in accordance with division (B)(3) of section 1347.15 of the Revised Code that reference the federal or state statutes, administrative rules or case law that make personal information maintained by the office mandatorily confidential.

(E) "Employee of the office" means a full-time or part-time employee, except as otherwise provided in section 1347.04 of the Revised Code; permanent, temporary or intermittent employees; interns and externs; consultants, and contractors of the AGO who gain access to AGO physical facilities or data or electronic and paper systems that are determined to contain CPI, as defined in section 1347.15 of the Revised Code.

(F) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

(G) "Individual" means a natural person or the natural person's authorized representative, legal counsel, legal custodian, or legal guardian.

(H) "Information owner" means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

(I) "Person" means a natural person.

(J) "Personal information" has the same meaning as defined in division (E) of section 1347.01 of the Revised Code.

(K) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes manual and computer systems.

(L) "Research" means a methodical investigation into a subject.

(M) "Routine" means commonplace, regular, habitual, or ordinary.

(N) "Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating to employees, potential employees or former employees and maintained by the office for internal administrative and human resource purposes.

(O) "System" has the same meaning as defined in division (F) of section 1347.01 of the Revised Code.

(P) "Upgrade" means a substantial redesign of an existing computer system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modifications that entail a limited addition of functionality due to changes in business or legal requirements.

Last updated July 10, 2026 at 10:03 AM

History

• Effective: April 18, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 109-4-02 Procedures for accessing confidential personal information.

For personal information systems, whether manual or computer systems, that contain confidential personal information, the office shall do the following:

(A) Criteria for accessing confidential personal information. Personal information systems of the office are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of the office to fulfill his/her job duties. The determination of access to confidential personal information shall be approved by the employee's supervisor and the information owner prior to providing the employee with access to confidential personal information within a personal information system. The office shall establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties including, but not limited to, transfer or termination. Whenever an employee's job duties no longer require access to confidential personal information in a personal information system, the employee's access to confidential personal information shall be removed.

(B) Individual's request for a list of confidential personal information. Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the office, the office shall do all of the following:

(1) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information;

(2) Provide to the individual the list of confidential personal information that does not relate to an investigation about the individual or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and

(3) If all information relates to an investigation about that individual, inform the individual that the office has no confidential personal information about the individual that is responsive to the individual's request.

(C) Notice of invalid access.

(1) Upon discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, the office shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the office shall delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the office may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information invalidly was accessed, and to restore the reasonable integrity of the system.

"Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the office determines that notification would not delay or impede an investigation, the office shall disclose the access to confidential personal information made for an invalid reason to the person.

(2) Notification provided by the office shall inform the person of the type of confidential personal information accessed and the date(s) of the invalid access.

(3) Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

(D) Pursuant to section 1347.04 of the Revised Code, the bureau of criminal identification and investigation, the Ohio peace officers' training academy, and any other section or unit of the office that performs as its principal function any activity relating to the enforcement of the criminal laws, are exempt from the requirements of this rule.

(E) Appointment of a data privacy point of contact. The attorney general shall designate an employee to serve as the data privacy point of contact. The data privacy point of contact shall work with the chief privacy officer within the office of information technology to assist the office with both the implementation of privacy protections for the confidential personal information that the office maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by the chapter.

(F) Completion of a privacy impact assessment. The office's data privacy point of contact shall timely complete the privacy impact assessment form developed by the office of information technology.

Last updated July 10, 2026 at 10:03 AM

History

• Effective: February 1, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 109-4-03 Valid reasons for accessing confidential personal information.

Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the office's exercise of its power or duties, for which only employees of the office may access confidential personal information (CPI) regardless of whether the personal information system is a manual system or computer system:

(A) Performing the following functions constitute valid reasons for authorized employees of the office to access confidential personal information:

(1) Responding to a public records request;

(2) Responding to a request from an individual for the list of CPI the office maintains on that individual;

(3) Administering a constitutional provision or duty;

(4) Administering a statutory provision or duty;

(5) Administering an administrative rule provision or duty;

(6) Complying with any state or federal program requirements;

(7) Processing or payment of claims or grants or otherwise administering a program with individual participants or beneficiaries;

(8) Auditing purposes;

(9) Licensure processes;

(10) Investigation or law enforcement purposes;

(11) Administrative hearings;

(12) Litigation, complying with an order of the court, or subpoena;

(13) Human resource matters (e.g., hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, time card approvals/issues);

(14) Complying with an executive order or policy;

(15) Complying with an office policy or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state agency;

(16) Complying with a collective bargaining agreement provision; or

(17) Supervising the work of another employee.

(B) To the extent that the general processes described in paragraph (A) of this rule do not cover the following circumstances, for the purposes of carrying out specific duties of the attorney general's office, authorized employees would also have valid reasons for accessing CPI in these following circumstances:

(1) Performing the attorney general's duty to represent the state and its agencies in administrative and judicial proceedings;

(2) Performing the attorney general's duty to administer the crime victims reparation award program pursuant to sections 2743.51 to 2743.72 of the Revised Code;

(3) Performing the attorney general's duty to conduct background investigations pursuant to sections 3734.41 to 3734.99 of the Revised Code;

(4) Performing the attorney general's duty to document, manage and report on debt collection and enforce collection pursuant to section 131.02 of the Revised Code; or

Last updated August 3, 2026 at 2:05 PM

History

• Effective: August 2, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 109-4-04 Confidentiality statutes.

The following federal statutes or regulations, state statutes and administrative rules, and case law make personal information maintained by the office confidential and identify the confidential personal information within the scope of rules promulgated by the office in accordance with section 1347.15 of the Revised Code.

(A) Social security numbers: 5 U.S.C. 552a., "State ex rel Beacon Journal v. Akron (1994), 70 Ohio St. 3d 605."

(B) Bureau of criminal identification and investigation criminal records check results: section 4776.04 of the Revised Code.

(C) Residential and familial information for BCI investigators (division (A)(1)(p) of section 149.43 of the Revised Code and division (A)(22) of section 109.71 of the Revised Code).

(D) Victims of crime applications and supporting documentation pursuant to section 2743.62 of the Revised Code.

(E) Information obtained by the superintendent of the bureau of criminal identification and investigation pursuant to division (H) of section 109.57 of the Revised Code.

(F) In performing the attorney general's duty to represent the state, its agencies, officers and employees in administrative and civil proceedings and in performing the office's duty to collect amounts due to the state, the attorney general may obtain information that is confidential including but not limited to:

(1) State income tax information obtained from the department of taxation pursuant to section 5703.21 of the Revised Code;

(2) Unemployment compensation information obtained and/or maintained by the department of job and family services pursuant to sections 4141.21 and 4141.22 of the Revised Code;

(3) Workers' compensation claims, appeals and other information pursuant to section 4123.88 of the Revised Code;

(4) Information concerning applicants for and recipients of Title IV-D support enforcement program services provided by a child support enforcement agency pursuant to section 3121.50 of the Revised Code;

(5) Information regarding an investigation of a teacher pursuant to section 3319.311 of the Revised Code;

(6) Criminal records check results of a teacher or other school employee pursuant to section 3319.39 of the Revised Code;

(7) Information concerning children with disabilities pursuant to 20 USC 1412(a)(8) and 34 CFR 300.123; and

(8) Educational records pursuant to the Family Education and Privacy Rights Act, 20 USC 1232g.

(9) Federal tax information received pursuant to 26 USC 6103 and "Redisclosure Agreements" with other state and federal agencies.

(10) Protected health information received pursuant to agreements with covered entities and data regulated per the Health Insurance Portability and Accountability Act and the Health Information Technology for Economic and Clinical Health Act, 45 CFR Parts 160, 162, and 164.

Last updated July 10, 2026 at 10:03 AM

History

• Effective: December 23, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 109-4-05 Restricting and logging access to confidential personal information in computerized personal information systems.

For personal information systems that are computer systems and contain confidential personal information, the office shall do the following:

(A) Access restrictions. Access to confidential personal information that is kept electronically shall require a password or other authentication measure.

(B) Acquisition of a new computer system. When the office acquires a new computer system that stores, manages or contains confidential personal information, the office shall include a mechanism for recording specific access by employees of the office to confidential personal information in the system.

(C) Upgrading existing computer systems. When the office modifies an existing computer system that stores, manages or contains confidential personal information, the office shall make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system shall include a mechanism for recording specific access by employees of the office to confidential personal information in the system.

(D) Logging requirements regarding confidential personal information in existing computer systems.

(1) The office shall require employees of the office who access confidential personal information within computer systems to maintain a log that records that access.

(2) Access to confidential information is not required to be entered into the log under the following circumstances:

(a) The employee of the office is accessing confidential personal information for official office purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(b) The employee of the agency is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(c) The employee of the office comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(d) The employee of the office accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(i) The individual requests confidential personal information about himself/herself.

(ii) The individual makes a request that the office takes some action on that individual's behalf and accessing the confidential personal information is required in order to consider or process that request.

(3) For purposes of this paragraph, the office may choose the form or forms of logging, whether in electronic or paper formats.

(E) Log management. The office shall issue a policy that specifies the following:

(1) Who shall maintain the log;

(2) What information shall be captured in the log;

(3) How the log is to be stored; and

(4) How long information kept in the log is to be retained.

Nothing in this rule limits the office from requiring logging in any circumstances that it deems necessary.

Last updated July 10, 2026 at 10:03 AM

History

• Effective: February 1, 2011
• Promulgated Under: 119.03