107-3-01. Definitions  


Latest version.
  • As used in this chapter:

    (A) "Board or commission" means the same as defined in section 107.56 of the Revised Code.

    (B) An "action" means a board's or commission's order, proposed order, or other action or proposed action which is subject to review and referred to the common sense initiative office as described in section 107.56 of the Revised Code.

    (C) "Office" means the common sense initiative office as described in section 107.61 of the Revised Code.

    (D) "Person affected by or likely to be affected by the action or proposed action" of a board or commission means a person that is or will be directly or indirectly affected in the person's business, profession or occupation, or that otherwise is or will be directly or indirectly injured in the person's business or property, because of one or more of the effects described in paragraph (E) of this rule.

    (E) Actions or proposed actions subject to review include any action that directly or indirectly has an effect on any of the following:

    (1) Fixing prices, limiting price competition, or increasing prices in this state for the goods or services that are provided by the occupation or industry regulated by the board or commission;

    (2) Dividing, allocating, or assigning customers, potential customers, or geographic markets in this state among members of the occupation or industry regulated by the board or commission;

    (3) Excluding present or potential competitors from the occupation or industry regulated by the board or commission;

    (4) Limiting the output or supply in this state of any good or service provided by the members of the occupation or industry regulated by the board or commission; or

    (5) Any other activity that could be subject to state or federal antitrust law if the action were undertaken by a private person or combination of private persons.

    (F) Pursuant to division (B)(2) of section 107.56 of the Revised Code, the following actions or proposed actions do not constitute actions subject to review:

    (1) Denying an application to obtain a license because the applicant has violated or has not complied with the Revised Code or the Administrative Code; or

    (2) Taking disciplinary action against an individual or corporation that is licensed by a board or commission for violations of the Revised Code or the Administrative Code.

Effective: 4/12/2018
Five Year Review (FYR) Dates: 04/12/2023
Promulgated Under: 119.03
Statutory Authority: 107.56
Rule Amplifies: 107.56