Ohio Administrative Code

19.03 PDF: (A) Within ninety calendar days after the project completion date or completion of a project stage, the applicant must notify the director in a format acceptable to the director that the project or project stage is complete in accordance with the application and reques…

19.03 PDF: (A) During the rehabilitation period, the director and/or the state historic preservation officer may, upon reasonable notice of not less than three business days, conduct a site visit to the project to inspect and evaluate the rehabilitation.(B) During the rehabilitat…

19.03 PDF: (A) Each applicant shall submit an application fee in an amount established annually by the director and officer in a schedule of historic preservation tax credit program fees with each historic preservation tax credit application. An application will not be considered…

19.03 PDF: The following definitions are applicable to the rules set forth in this chapter of the Administrative Code as well as the guidelines, application and other materials of the "Motion Picture Tax Credit Program" approved by the director.(A) "Above-the-line talent" means a…

19.03 PDF: (A) An applicant who is a corporation, partnership, limited liability company, or other form or business entity must be registered with the Ohio secretary of state to do business in Ohio.(B) Any application submitted must be submitted on a form prescribed by the direct…

19.03 PDF: (A) Upon certification by the director that the project proposed by the applicant is a tax credit-eligible production, the director shall issue the applicant an invoice for a non-refundable application fee in an amount equal to one per cent of the estimated value of th…

19.03 PDF: (A) Reviewable progress reports in a format acceptable to the director are due within ninety days of certification of the application as a tax credit-eligible production. Failure to demonstrate commencement of production within ninety days of certification of the appli…

19.03 PDF: (A) A tax credit certificate shall be issued to the applicant as the certificate owner and shall not be transferable. If the certificate owner is a pass through entity, such as a partnership, S-corporation, limited liability company (LLC), or other such pass through en…

19.03 PDF: (A) "Applicant" means a production company, as defined in section 122.85 of the Revised Code, that has or will complete a project. (B) "Application period" is the period beginning October fifteenth and ending December first of each state fiscal year in which tax credit…

19.03 PDF: (A) Application submission. An eligible applicant may submit an application to the director during an application period on a form to be published by the director on its website prior to each application period. The director will include on the application form, at min…

19.03 PDF: (A) Application round. There is one application round in each state fiscal year. An eligible applicant may submit an application to the director at any time during the application period. Applicants are to submit applications to the director electronically in the manne…

19.03 PDF: (A) Progress report. Within ninety days after the director approves a project that was not already complete at the time the application was submitted, the applicant will submit, on a form prescribed by the director, sufficient evidence of reviewable progress to the dir…

19.03 PDF: Except as otherwise provided in this chapter or in section 5725.33 of the Revised Code, terms used in this chapter have the same meaning as section 45D of the Internal Revenue Code, any related proposed, temporary or final regulations promulgated under the Internal Rev…

19.03 PDF: (A) To comply with the limitation set forth in division (C) of section 5725.33 of the Revised Code, the aggregate amount of credit allocations made by the director to all state allocatees each fiscal year shall not exceed ten million dollars.(B) The director shall make…

19.03 PDF: (A) Within sixty days after receiving a qualified equity investment for which a new markets tax credit is to be allowed, the state allocatee shall notify the director of such investment. The notice shall be in a form approved by the director and shall contain informati…

19.03 PDF: (A) The state allocatee shall submit an annual report to the director, which shall include a complete copy of any report submitted by the state allocatee to the community development financial institutions fund (or any successor fund or agency administering the federal…

19.03 PDF: (A) The director will monitor compliance of state allocatees with the terms and conditions of allocation agreements and program guidelines. If subsidiary CDE's are parties to an allocation agreement, the director will monitor compliance on a consolidated basis for the …

19.03 PDF: (A) Each applicant shall submit with its application for a credit allocation an application fee in the amount of fifteen hundred dollars. An application will not be considered by the director unless the application fee is paid prior to the date the application is requi…

19.03 PDF: Except as provided in this rule, each and any of the powers and duties of the director under this chapter, including the making, signing and issuance of allocation agreements and determinations, accepting or refunding of fees, and exercise of recapture, may be performe…

19.03 PDF: If any clause, provision or application of any of the rules 122:22-1-01 to 122:22-1-08 of the Administrative Code is determined to be invalid or unenforceable, such determination shall not affect the remainder of such rule, other application of the rule, or application…

19.03 PDF: (A) As used in rules 122:23-1-01 to 122:23-1-10 of the Administrative Code:(1) "Applicant" means a person who applies to the director for certification of an energy project as a qualified energy project. As used in this chapter of the Administrative Code, "applicant" a…

19.03 PDF: (A) An application for certification shall be in the form and contain the substance required by the director. To be considered, the application for certification must be complete, accompanied by all required supporting documentation and submitted by an authorized repre…

19.03 PDF: (A) The applicant shall file with the director a construction progress report in the form and containing the substance required by the director from time to time. A construction progress report must be received by the director not later than the close of business on Ma…

19.03 PDF: (A) The construction progress report must include an employment report including the number of days during the reporting period that construction was in progress, the total number of hours worked by employees employed in the construction or installation of the energy p…

19.03 PDF: (A) Following review and acceptance of the applicant's submitted construction completion report, the director shall issue a certificate of verification confirming compliance with the requirements of section 5727.75 of the Revised Code. The certificate shall identify th…

19.03 PDF: (A) The applicant shall file annual nameplate capacity reports which shall be in the form and contain the substance required by the director from time to time. An annual nameplate capacity report must be signed by an authorized representative of the applicant and recei…

19.03 PDF: (A) The application for certification and each report submitted by an applicant pursuant to rules 122:23-1-01 to 122:23-1-10 of the Administrative Code shall include a certification signed by an authorized representative of the applicant that the information contained …

19.03 PDF: (A) The director may revoke a certification of a qualified energy project if the director determines that the applicant, or a subsequent owner or lessee pursuant to a sale and leaseback transaction of the qualified energy project, fails to comply with any requirement o…

19.03 PDF: Except as provided in this rule, each and any of the powers and duties of the director under this chapter may be performed by the assistant director of development or such other officers and employees of the department of development as may be designated in writing by …

19.03 PDF: If any clause, provision or application of any rule in this chapter of the Administrative Code is determined to be invalid or unenforceable, such determination shall not affect the remainder of such rule, other application of the rule, or application of other rules of …

19.03 PDF: Capitalized terms used in rules 122:24-1-01 to 122:24-1-14 of the Administrative Code have the following meaning:(A) "Annual" sales means the gross sales of the small business enterprise using generally accepted accounting principles for the twelve months preceding the…

19.03 PDF: (A) The investOhio program is a multistep process in which the following acts are to occur:(1) The small business enterprises and eligible investors that wish to participate in the program are to register with the investOhio program. The registration process is further…

19.03 PDF: (A) There are two parties that are to register with the department of development as part of the process of issuing a small business investment certificate, the eligible investor and the small business enterprise. Registration is to be accomplished using the Ohio busin…

19.03 PDF: (A) In order to complete an application for a qualifying investment, both the eligible investor and the potential small business enterprise have registered with the investOhio program and have received an investOhio user ID. This process is described in rule 122:24-1-0…

19.03 PDF: (A) Within thirty days of the time of investment, or for an investment of money made prior to the first date in which the director begins to accept evidence under this division as determined by the director, the eligible investor is to supply to the director evidence t…

19.03 PDF: (A) Once the director has determined that the qualifying investment meets the requirements of section 122.86 of the Revised Code and rule 122:24-1-05 of the Administrative Code, completes the review of the application, and following the end of the holding period, the s…

19.03 PDF: (A) In order for a business entity to qualify as a small business enterprise either its assets cannot exceed fifty million dollars or its annual sales cannot exceed ten million dollars. These calculations are to be made at the time of each qualifying investment and are…

19.03 PDF: (A) Annually on a date determined by the director and again upon the completion of the holding period for a qualifying investment that was given an investOhio transaction ID, the eligible investor will supply to the director evidence of its continued ownership interest…

19.03 PDF: (A) A disqualification of a small business investment certificate may occur at several points in the procedure:(1) During the process of applying for a small business investment certificate that is set forth in rule 122:24-1-04 of the Administrative Code, as such disqu…

19.03 PDF: (A) Both eligible investors and small business enterprises are required to maintain records necessary to prove that they meet the various requirements of section 122.86 of the Revised Code. The burden of proof rests with the eligible investor and the small business ent…

19.03 PDF: (A) The registration, validation of the investment of money, and validation of the allowed expenditures submitted by a eligible investor or small business enterprise pursuant to the rules set forth in Chapter 122:24-1 of the Administrative Code will include an attestat…

19.03 PDF: As used in rules 122:28-1-02 to 122:28-1-05 of the Administrative Code:(A) "Authority" means the tax credit authority.(B) "Capital lease" and "operating lease" are to be construed in accordance with generally accepted accounting principles, and a capital lease is inclu…

19.03 PDF: Exempt equipment includes all tangible personal property incorporated into the computer data center or used primarily to conduct computer data center business for the original grantee or the supplemental grantee, including, but not limited to: (A) Any building or const…

19.03 PDF: In the matter of divisions (E)(5) and (I) of section 122.175 of the Revised Code: (A) Annual reporting to the director(1) Original grantee will submit to the director an annual report indicating: (a) the total new payroll of grantees at the project site for the precedi…

19.03 PDF: In the matter of divisions (G) and (J) of section 122.175 of the Revised Code:(A) Grantees are to satisfy the statutory minimums. If grantees fail to timely meet the statutory minimums, the authority may terminate the data center tax exemption agreement and grantor wil…

19.03 PDF: In the matter of division (K) of section 122.175 of the Revised Code: (A) At the time each original grantee enters into the data center tax exemption agreement, the original grantee will pay to the development services agency a servicing fee, in an amount equal to four…

19.03 PDF: Terms not otherwise defined in this rule have the meaning given to them in section 122.09 of the Revised Code. (A) "Amendment" means any approved material change to the project.(B) "Connected Buildings" means two or more buildings that either share a common wall or are…