Effective: April 12, 2021
Latest Legislation: House Bill 450 - 133rd General Assembly
(A) Except as otherwise provided in this division and in sections 117.112 and 117.113 of the Revised Code, the auditor of state shall audit each public office at least once every two fiscal years. The auditor of state shall audit a public office each fiscal year if that public office is required to be audited on an annual basis pursuant to "The Single Audit Act of 1984," 98 Stat. 2327, 31 U.S.C.A. 7501 et seq., as amended. In the annual or biennial audit, inquiry shall be made into the methods, accuracy, and legality of the accounts, financial reports, records, files, and reports of the office, whether the laws, rules, ordinances, and orders pertaining to the office have been observed, and whether the requirements and rules of the auditor of state have been complied with. Except as otherwise provided in this division or where auditing standards or procedures dictate otherwise, each audit shall cover at least one fiscal year. If a public office is audited only once every two fiscal years, the audit shall cover both fiscal years.
(B) In addition to the annual or biennial audit provided for in division (A) of this section, the auditor of state may conduct an audit of a public office at any time when so requested by the public office or upon the auditor of state's own initiative if the auditor of state has reasonable cause to believe that an additional audit is in the public interest.
(C)(1) The auditor of state shall identify any public office in which the auditor of state will be unable to conduct an audit at least once every two fiscal years as required by division (A) of this section and shall provide immediate written notice to the clerk of the legislative authority or governing board of the public office so identified. Within six months of the receipt of such notice, the legislative authority or governing board may engage an independent certified public accountant to conduct an audit pursuant to section 117.12 of the Revised Code.
(2) When the chief fiscal officer of a public office notifies the auditor of state that an audit is required at a time prior to the next regularly scheduled audit by the auditor of state, the auditor of state shall either cause an earlier audit to be made by the auditor of state or authorize the legislative authority or governing board of the public office to engage an independent certified public accountant to conduct the required audit. The scope of the audit shall be as authorized by the auditor of state.
(3) The auditor of state shall approve the scope of an audit under division (C)(1) or (2) of this section as set forth in the contract for the proposed audit before the contract is executed on behalf of the public office that is to be audited. The independent accountant conducting an audit under division (C)(1) or (2) of this section shall be paid by the public office.
(4) The contract for attest services with an independent accountant employed pursuant to this section or section 117.115 of the Revised Code may include binding arbitration provisions, provisions of Chapter 2711. of the Revised Code, or any other alternative dispute resolution procedures to be followed in the event a dispute remains between the state or public office and the independent accountant concerning the terms of or services under the contract, or a breach of the contract, after the administrative provisions of the contract have been exhausted.
(D) If a uniform accounting network is established under section 117.101 of the Revised Code, the auditor of state or a certified public accountant employed pursuant to this section or section 117.112 or 117.115 of the Revised Code shall, to the extent practicable, utilize services offered by the network in order to conduct efficient and economical audits of public offices.
(E) The auditor of state, in accordance with division (A)(3) of section 9.65 of the Revised Code and this section, may audit an annuity program for volunteer fire fighters established by a political subdivision under section 9.65 of the Revised Code. As used in this section, "volunteer fire fighters" and "political subdivision" have the same meanings as in division (C) of section 9.65 of the Revised Code.
(F) The auditor of state may establish by rule an agreed-upon procedure by which political subdivisions may be audited. The rules shall set forth the standards, procedures, guidelines, and reporting requirements for an agreed-upon procedure audit.
Structure Ohio Revised Code
Chapter 117 | Auditor of State
Section 117.01 | Auditor of State Definitions.
Section 117.02 | Election - Term.
Section 117.04 | Chief Deputy Auditor of State.
Section 117.05 | Bond of Chief Deputy.
Section 117.06 | Powers and Duties of Chief Deputy.
Section 117.07 | Designee of Auditor May Serve.
Section 117.08 | Records Subject to Inspection.
Section 117.09 | Auditor of State Authority.
Section 117.091 | Appointing Investigators.
Section 117.10 | Auditor of State - Duties - Federal Audits.
Section 117.101 | Uniform Accounting Network - Fund.
Section 117.103 | Auditor of State's System for Reporting Fraud.
Section 117.105 | Notice From Auditor.
Section 117.11 | Annual, Biennial, and Early Audits.
Section 117.112 | Audit of Buckeye Tobacco Settlement Financing Authority.
Section 117.113 | Audit of Rc Chapter 3326 Technical Schools.
Section 117.116 | Review of Warrant Under Protest.
Section 117.12 | Rules for Audit Standards, Procedures, and Guidelines.
Section 117.131 | Local Government Audit Support Fund.
Section 117.14 | Annual Audit of Office of Auditor.
Section 117.15 | Annual Audit and Inventory of State Treasury and Custodial Funds.
Section 117.16 | Force Account Project Assessment Form.
Section 117.161 | Joint Force Account Project Limits.
Section 117.17 | Letter of Representation by Retiring Head of State Agency.
Section 117.171 | Certificate of Transition.
Section 117.18 | Auditor and Designated Employee - Powers.
Section 117.19 | Rules for Generally Accepted or Governmental Auditing Standards,.
Section 117.20 | Rule Making Procedure.
Section 117.21 | Retention of Audit Materials.
Section 117.22 | Request for Assistance.
Section 117.23 | Report of Public Accountant.
Section 117.24 | Analyzing Report of Public Accountant.
Section 117.25 | Incorporating Report of Public Accountant and Results of Auditor's Analysis.
Section 117.251 | Notation of Investments in Eligible Depositories.
Section 117.26 | Certified Copies of Completed Audit Reports.
Section 117.27 | Filing Certified Copy With Legal Counsel.
Section 117.28 | Report of Audit and Actions Thereon.
Section 117.29 | Audit Report Showing Malfeasance or Gross Neglect of Duty.
Section 117.30 | Attorney General Action.
Section 117.31 | Illegal Expenditures in Attorney General's Office.
Section 117.32 | Surety May Be Sued in Same Action.
Section 117.33 | Abating or Compromising Claims.
Section 117.34 | Cause of Action Accrues When Report Filed.
Section 117.35 | Submission of Judgment Entry to Attorney General.
Section 117.36 | Jurisdiction of Civil Actions.
Section 117.37 | Advancement of Causes.
Section 117.38 | Annual Reports.
Section 117.39 | Financial Reports From Any Public Office.
Section 117.40 | Refusal to Keep Accounts.
Section 117.41 | Unauditable Offices.
Section 117.42 | Enforcement Powers of Attorney General.
Section 117.431 | Accounting of Public Money in Possession of Private Institution.
Section 117.44 | Training Programs for Township Fiscal Officers, City Auditors and Village Clerks.
Section 117.441 | Fiduciary Training Programs.
Section 117.45 | Format for Sworn Affidavit.
Section 117.46 | Performance Audits of State Agencies.
Section 117.461 | Comment Period.
Section 117.462 | Implementation of Recommendations.
Section 117.463 | Annual Report.
Section 117.464 | Cost of Audits at State University or College.
Section 117.465 | Agreement to Exceed Limits.
Section 117.47 | Leverage for Efficiency, Accountability, and Performance Fund.
Section 117.471 | Payment for Audit; Amount Charged.
Section 117.472 | Failure to Make Payment.
Section 117.48 | Shared Equipment Service Agreement Program.
Section 117.51 | Custodian of Public Land Records.
Section 117.52 | Adjusting Amount Recoverable for Wrongful Imprisonment.
Section 117.53 | Audit Statement Regarding Adoption of Anti-Harassment Policy.
Section 117.54 | Auditor of State Investigation and Forfeiture Trust Fund.