Ohio Administrative Code 991 — Ohio Expositions Commission

Chapter 991-1 Notice of Meetings

Ohio Adm.Code 991-1-01 Proposed rule concerning notice of meetings.

(A) Authority: This rule is adopted in compliance with, and under the authority of division (F) of section 121.22 of the Revised Code, as amended, effective November 28, 1975.

(B) Any person may ascertain the time and place of all regularly scheduled meetings and the time, place and purpose of all special meetings by:

(1) Writing to the following address: "Public Relations Office, Ohio Expo Center, 717 E. 17th Avenue, Columbus, Ohio 43211";

(2) Calling the following telephone number during normal business hours: (614) 644-4000;

(3) Consulting the receptionist in the lobby of the administration building at the Ohio expo center.

(C) Any representative of the news media may obtain notice of all special meetings by requesting in writing that such notice be provided. Such notice will only be given, however, to one representative of any particular publication or radio or television station. A request for such notification shall be addressed to: "Public Relations Coordinator, Ohio Expo Center, 717 E. 17th Avenue, Columbus, Ohio 43211."

(1) The request shall provide the name of the individual media representative to be contacted, and his or her fax number and email address. The public relations office shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to this rule.

(2) In the event of a special meeting not of an emergency nature, the public relations office shall notify all media representatives on the list of such meeting by doing at least one of the following:

(a) Sending written notice, which must be faxed no later than twenty-four hours prior to the time of the special meeting;

(b) Notifying such representatives by email or telephone no later than twenty-four hours prior to the special meeting, such telephone notice or email shall be complete if a message has been left for the representative, or if, after reasonable effort, the public relations office has been unable to provide such email or telephone notice.

(3) In the event of a special meeting of an emergency nature, the public relations office shall notify all media representatives on the list of such meeting by providing the notice described in paragraph (C)(2)(b) of this rule, or notifying the clerks of the state house press room and radio/TV room. In such event, however, the notice need not be given twenty-four hours prior to the meeting, but shall be given as soon as possible.

(4) In giving the notices required by this paragraph, such notice is complete if given by either the general manager or the public relations office in the manner provided in paragraph (C) of this rule.

(D) The public relations office shall maintain a list of all persons who have requested, in writing, notice of all meetings of the Ohio expositions commission at which specific subject matters designated by such persons are scheduled to be discussed.

Last updated February 21, 2025 at 11:15 AM

History

• Effective: March 1, 2015
• Promulgated Under: 111.15

Chapter 991-2 Junior Livestock Competitions

Ohio Adm.Code 991-2-01 Junior livestock division competitions.

(A) Definitions-

(1) "Unethical fitting" - means to alter or change the natural appearance, weight, musculature or conformation of an animal in an unnatural or artificial manner, including but not limited to, the removal of animal tissue or body part, to cut or tear the hide, to cover, dye or color the hair or hide, to add artificial tailheads, switches, polls, hair, or heals, or to administer, feed, give or inject any substance or drug to an animal exhibited, except when medically necessary or when the drug used has been approved for such use by the food and drug administration or United States department of agriculture.

(2) "Classification" - means the eligibility requirements and qualifications for a competition of a particular breed of animal as determined by the national association for junior shows or a breeding association recognized by the agricultural director of the Ohio expositions commission.

(3) "Immediate family" means a mother, father, brother, sister, grandparent, uncle or aunt of an exhibitor by marriage or by law.

(B) Competition eligibility

(1) Exhibitors at the Ohio state fair must be a member in good standing of Ohio state 4-H or FFA.

(2) Exhibitors must be between the ages of nine and nineteen years. An exhibitor is eligible when he or she reaches the age of nine years or the third grade as of January first of the same year in which an entry is made at the Ohio state fair. Eligibility ends when an exhibitor reaches the age of nineteen years as of December thirty-first of the same year in which an entry is made in the Ohio state fair.

(3) Exhibitors must present a certificate of registration from a recognized breeding association certifying that the exhibitor's entry in the Ohio state fair meets the qualifications of the animal breed classification exhibited, with the exception of steer, crossbred gilt, barrow, market lamb, poultry, dog, saddle horse and rabbit entries. Recognition of breeding associations shall be determined by the agricultural director of the Ohio expositions commission. A list of recognized breeding associations shall be published or made available to the public on or before January first of each year. A certificate of registration must be submitted no later than opening day of the Ohio state fair, with the exception of simmental junior heifer calf entries.

(4) Exhibitors must present a signed statement from their Ohio state 4-H or FFA advisor certifying that they meet the eligibility requirements for exhibiting the animal in the same or a similar category, division or competition of a county or independent fair.

(5) The Ohio expositions commission may limit the number of entries made by an exhibitor in a classification due to space limitations.

(6) All market animals exhibited at the Ohio state fair must be fully owned by the exhibitor as evidenced by a bill of sale or registration, including all showing rights, and in the complete custody and care of the exhibitor on or before June first for market lambs and barrows, and on or before January first for market steers, of the year of the competition. Ownership of an animal shall be considered lost if the animal has been consigned or lost after the applicable date even if the animal is bought back by the exhibitor.

(C) Entry forms

(1) Entry forms must be in writing and shall include the following information:

(a) Name, address and telephone number of the individual, partnership, Ohio state 4-H chapter or FFA chapter making the entry;

(b) Age of the animal and date of birth, purchase or acquisition of the animal;

(c) Social security number of each individual making an entry;

(d) Name and address of the exhibitor's Ohio state 4-H or FFA advisor;

(e) Name and address of the Ohio state 4-H chapter or FFA chapter of which the exhibitor is a member;

(f) Name of the animal entry;

(g) Section number of the animal entry;

(h) Class number of the animal entry;

(i) Breed of the animal entry;

(j) Registration number of the animal entry;

(k) A statement from the individual, partnership, Ohio state 4-H chapter or FFA chapter making the entry that all of the information on the entry form is truthful, complete and accurate;

(l) A statement from the individual, partnership, Ohio state 4-H chapter or FFA chapter making the entry that all of the rules and regulations of the Ohio exposition commission have been complied with in making the entry;

(m) A statement from the individual, partnership, Ohio state 4-H chapter or FFA chapter making the entry that the exhibitor has had sole custody and control of the animal since the animal's birth or the date the animal was purchased or acquired by the exhibitor;

(n) A statement from the individual, partnership, Ohio state 4-H chapter or FFA chapter making the entry that the animal has not been tampered with or fitted in an unethical manner;

(2) Entry forms shall be published no later than May first of each year.

(3) Entry forms and all required attachments shall be submitted to the Ohio state fair no later than June twentieth of each year, with the exception of rabbit and poultry entries which shall be submitted no later than July first of each year.

(4) Partnerships may submit entries at the Ohio state fair if the partnership was formed no later than June first of the same year in which an entry is made at the Ohio state fair.

(5) FFA chapters may submit entries to compete in the junior livestock division of the Ohio state fair if a certificate accompanies the application from the FFA advisor which certifies that the chapter has cared for the animal since June first of the same year in which an entry is made in the Ohio state fair, or an earlier deadline for an exhibitor participating at a county or independent fair during the same year in which an entry is made in the Ohio state fair.

(D) Prohibited conduct

(1) No exhibitor shall enter an animal in a competition in the junior livestock division of the Ohio state fair that has not been fully owned, cared for or in the custody of the exhibitor since the date of the animal's birth or the date on which the animal was purchased or acquired by the exhibitor.

(2) No exhibitor shall enter an animal in a competition in the junior livestock division of the Ohio state fair that has been handled, fitted, groomed, showed, or exhibited by another person, except a member of the exhibitor's immediate family or another junior exhibitor. Each exhibitor showing a market animal shall register with the agricultural director of the Ohio expositions commission or his designee on the first day for registration of the Ohio state fair, the name of the person from the immediate family or another junior exhibitor that may assist the exhibitor in the preparation or grooming of the animal entered in a competition.

(3) No exhibitor shall enter an animal in a junior livestock division competition of the Ohio state fair that has been unethically fitted in any way.

(4) No exhibitor shall enter an animal in a junior livestock competition that is ineligible as to age for the particular classification.

(5) No exhibitor shall falsify any information included in an entry form submitted to the Ohio state fair.

(6) No exhibitor shall engage in unsportsmanlike or disorderly conduct.

(7) No participant shall unethically fit or alter another exhibitor's animal entry.

(E) Prizes

(1) Prizes for each animal classification shall be determined by the agricultural director of the Ohio expositions commission and shall be published no later than May first of each year.

(2) Prizes are subject to forfeiture by an exhibitor for violations of the junior livestock division rules and regulations upon a final determination of a violation pursuant to paragraph (H) of this rule.

(F) Exhibitor responsibility.

The exhibitor shall be the absolute insurer of and shall be responsible for the condition of an animal exhibited at the Ohio state fair junior livestock competition, regardless of the acts of third parties. Should the testing and inspection procedures used by the Ohio expositions commission evidence for the presence of a foreign substance or any drug not medically necessary or not approved for such use by the food and drug administration or United States department of agriculture, the exhibitor, a member of the exhibitor's immediate family or any other person shown to have had care, custody or attendance of the animal way, in the discretion of the Ohio expositions commission, may be subjected to the penalties provided for in paragraph (I) of this rule.

(G) Testing and inspection of animals

(1) The general manager of the Ohio expositions commission or his designated agent may conduct testing or inspection of any and all animals entered in a junior livestock division competition before, during or after the competition to carry out the following purposes:

(a) To determine whether an animal qualifies for competition in a particular breed classification;

(b) To determine whether the animal has been unethically fitted in any manner;

(c) To determine whether any false information or representation was made in a competition entry.

(2) All animals entered in the junior livestock division are subject to inspection or testing by the Ohio department of agriculture pursuant to Title IX of the Revised Code, or any rules or regulations promulgated thereunder.

(H) Rule violations

(1) Upon receiving a report or evidence of a violation of these rules, the general manager of the Ohio expositions commission shall notify the affected person in writing of a suspected rule violation and the nature of the suspected violation prior to the initiation of any proceedings to disqualify the person or entry under paragraph (H)(3) of this rule.

(2) The general manager of the Ohio expositions commission shall report a suspected rule violation to the Ohio expositions commission or a committee of the commission appointed to hear such matters within fifteen days of receiving a report or evidence of a violation(s) of these rules, or within five days of the completion of a preliminary inquiry of the matter by the general manager of the Ohio expositions commission, whichever is later.

(3) Upon receiving a report or recommendation from the general manager of the Ohio expositions commission to initiate proceedings against a person or entry for a violation(s) of these rules, the Ohio expositions commission or a committee appointed by the commission to hear such matters may issue notice of its intention to disqualify an entry made in the junior livestock competition, the exhibitor or a member of his immediate family, or any other person shown to have had care, custody or attendance of the animal. The notice shall be in writing and state the grounds for such disqualification, including a statement of the evidence of any rule violation, a statement of the rules violated, and a statement of the penalties to be imposed. The notice shall inform the affected person of the right to a hearing before the Ohio expositions commission and the right to review the evidence of any rule violation, the right to present evidence in support of the person's case, the right to present any arguments, contentions or other objections to the commission, and the right to be represented by counsel at the hearing. The commission shall maintain a record of the hearing.

(4) Any request for a hearing shall be in writing, and shall be filed with the Ohio expositions commission within thirty days from the date on which the exhibitor or person was issued a notice of intention to disqualify the entry, exhibitor or other person. Upon receiving a request for a hearing, a hearing shall be held at the next regularly scheduled meeting of the commission. The hearing may be continued upon motion of the affected person or the commission, at the discretion of the commission.

(5) Upon hearing all the evidence and arguments in the case of disqualification, the commission shall render its final decision in writing to the affected person. The decision shall set forth the basis for the decision and the penalties imposed by the commission as provided for in paragraph (I) of this rule.

(I) Penalties

(1) An exhibitor determined to have violated these rules pursuant to the procedure set forth in paragraph (H) of this rule may be subject to the following penalties at the discretion of the Ohio expositions commission;

(a) Forfeiture of prize money;

(b) Forfeiture of sale money;

(c) A person proven to have violated any rule may be barred from competing at future competitions at the Ohio state fair for a minimum of three years.

(2) A person proven to have violated these rules pursuant to the procedure set forth in paragraph (H) of this rule, and subsequently barred from competition, may request in writing a review of the Ohio expositions commission's decision after three years from the date on which the Ohio expositions commission entered a decision to bar the person.

(J) Show

(1) Exhibitors must show their own animals, except in the following circumstances:

(a) The exhibitor is impaired;

(b) The exhibitor has two entries in the same class;

(c) The exhibitor presents a copy of the entry form or other documentation establishing the need for an early release or late arrival to the agricultural director of the Ohio expositions commission or his designee in advance of the show date.

(d) The exhibitor shall be granted only one early release or late arrival;

(K) Protests

(1) Protests regarding any junior livestock competition shall be in writing and signed by the party making the protest.

(2) Protests regarding any junior livestock competition shall be submitted to the general manager of the Ohio expositions commission no later than twelve noon of the day following the competition.

(3) Any party making a protest shall submit a fee of one hundred dollars to the Ohio expositions commission. The fee shall be refunded only if the protest is sustained by the general manager.

(4) The general manager of the Ohio expositions commission shall hold a meeting regarding the protest at which time the party making the protest may present evidence or argument in support of the protest.

(5) The written decision of the general manager shall be final and shall be served by mail on the party making the protest within ten days of the date on which the protest was heard.

(L) Terminal show

All market animals that win their division as champion or reserve grand champion shall be slaughtered upon their sale. The exhibitor shall release the animal to the care and custody of the agricultural director of the Ohio expositions commission or his designee for delivery of the animal on the date and time designated by the agricultural director. The exhibitor shall maintain absolute responsibility and care or custody of the animal until such time as it is released to the agricultural director.

Last updated January 10, 2025 at 4:02 PM

History

• Effective: July 13, 1995
• Promulgated Under: 111.15

Chapter 991-9 Confidential Personal Information

Ohio Adm.Code 991-9-01 Accessing Confidential Personal Information.

Chapter 991-9 of the Administrative Code regulates employee access to the confidential personal information that OEC retains. OEC has promulgated this chapter in response to section 1347.15 of the Revised Code.

(A) Definitions for Chapter 991-9 of the Administrative Code:

(1) "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.

(2) "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 this rule.

(3) "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.

(4) "Confidential personal information" ("CPI") has the meaning as defined by division (A)(1) of section 1347.15 of the Revised Code and identified by rule 991-9-01 of the Administrative Code.

(5) "Employee of the state agency" means each employee of OEC regardless of whether he/she holds an elected or appointed office or position within OEC. "Employee of the state agency" is limited to OEC.

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

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

(8) "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.

(9) "OEC" means "the Ohio Expositions Commission."

(10) "Person" means a natural person.

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

(12) "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.

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

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

(15) "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 and maintained by OEC for internal administrative and human resource purposes.

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

(17) "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.

(B) Procedures for accessing confidential personal information.

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

(1) Criteria for accessing confidential personal information: Personal information systems of OEC are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of OEC to fulfill his or 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. OEC 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.

(2) 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 OEC, OEC shall do all of the following:

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

(b) 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,

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

(3) Notice of invalid access:

(a) Upon discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, OEC shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, OEC 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, OEC 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 OEC determines that notification would not delay or impede an investigation, OEC shall disclose the access to confidential personal information made for an invalid reason to the person.

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

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

(4) Appointment of a data privacy point of contact: OEC's executive director shall designate an OEC 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 OEC with both the implementation of privacy protections for the confidential personal information that OEC maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter.

(5) Completion of a privacy impact assessment: OEC's executive director shall designate an OEC employee to serve as the data privacy point of contact who shall timely complete the privacy impact assessment form developed by the office of information technology.

(C) 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 OEC's exercise of its powers or duties, for which only employees of the agency may access confidential personal information (CPI) regardless of whether the personal information system is a manual system or computer system. Performing the following functions constitute valid reasons for authorized employees of the agency 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 that OEC 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 otherwise administering a program with individual participants or beneficiaries;

(8) Auditing (or monitoring, reviewing, etc.) purposes;

(9) Investigation or law enforcement purposes;

(10) Administrative hearings;

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

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

(13) Complying with an executive order or policy;

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

(15) Complying with a collective-bargaining agreement provision.

(D) Confidentiality statutes and regulations.

The following federal statutes or regulations or state statutes and administrative rules make personal information maintained by OEC confidential and identify the confidential personal information within the scope of rules promulgated by this agency in accordance with section 1347.15 of the Revised Code:

(1) 5 U.S.C. 552a for social security numbers;

(2) 45 C.F.R. 160, 45 C.F.R. 162, and 44 C.F.R. 164 for the privacy of individually-identifiable health information (HIPPA);

(3) Section 149.43 of the Revised Code for the general statute on public records;

(E) 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, OEC shall do the following:

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

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

(3) Upgrading existing computer systems: When OEC modifies an existing computer system that stores, manages, or contains confidential personal information, OEC 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 agency to confidential personal information in the system.

(4) Logging requirements regarding confidential personal information in existing computer systems:

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

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

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

(ii) The employee of OEC 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.

(iii) The employee of OEC 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.

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

(a) The individual requests confidential personal information about himself or herself.

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

(c) For purposes of paragraph (E)(4) of this rule, OEC may choose the form or forms of logging, whether in electronic of paper formats.

(5) Log management: Nothing in this rule limits OEC from requiring logging in any circumstance that it deems necessary. OEC shall issue a policy that specifies the following:

(a) Who shall maintain the log;

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

(c) How the log is to be stored; and,

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

Last updated February 10, 2025 at 1:02 PM

History

• Effective: March 7, 2015
• Promulgated Under: 119.03