Ohio Revised Code
Chapter 122 | Department of Development
Section 122.74 | Director of Development - Powers and Duties.

Effective: September 30, 2021
Latest Legislation: House Bill 110 - 134th General Assembly
(A)(1) The director of development shall do all of the following:
(a) Receive applications for assistance under sections 122.71 to 122.83 and 122.87 to 122.89 of the Revised Code and applications from surety companies for bond guarantees under section 122.90 of the Revised Code, and, after processing but subject to division (A)(2) of this section, forward them to the minority development financing advisory board together with necessary supporting information;
(b) Receive the recommendations of the board and make a final determination whether to approve the application for assistance;
(c) Receive recommendations from a regional economic development entity for loans made under section 122.76 of the Revised Code and make a final determination, notwithstanding divisions (A)(1) and (2) of this section, whether to approve the proposed loan;
(d) Transmit the director's determinations to approve assistance to the controlling board unless such assistance falls under section 122.90 of the Revised Code and has been previously approved by the controlling board, together with any information the controlling board requires for its review and decision as to whether to approve the assistance.
(2) The director is not required to submit any determination, data, terms, or any other application materials or information to the minority development financing advisory board when provision of the assistance has been recommended to the director by a regional economic development entity or when an application for a surety company for bond guarantees under section 122.90 of the Revised Code has been previously approved by the controlling board.
(B) The director may do all of the following:
(1) Fix the rate of interest and charges to be made upon or with respect to moneys loaned or guaranteed by the director and the terms upon which mortgages and lease rentals may be guaranteed and the rates of charges to be made for them and make provisions for the operation of the funds established by the director in accordance with this section and sections 122.80, 122.88, and 122.90 of the Revised Code;
(2) Loan and guarantee moneys from the fund established in accordance with section 122.80 of the Revised Code pursuant to and in compliance with sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code.
(3) Acquire in the name of the director any property of any kind or character in accordance with sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code, by purchase, purchase at foreclosure, or exchange on such terms and in such manner as the director considers proper;
(4) Make and enter into all contracts and agreements necessary or incidental to the performance of the director's duties and the exercise of the director's powers under sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code;
(5) Maintain, protect, repair, improve, and insure any property that the director has acquired and dispose of it by sale, exchange, or lease for the consideration and on the terms and in the manner as the director considers proper, but the director shall not operate any such property as a business except as the lessor of it;
(6)(a) When the cost of any contract for the maintenance, protection, repair, or improvement of any property held by the director, other than compensation for personal services, involves an expenditure of more than fifty thousand dollars, the director shall make a written contract with the lowest responsive and responsible bidder in accordance with section 9.312 of the Revised Code after advertisement for not less than two consecutive weeks in a newspaper of general circulation in the county where such contract, or some substantial part of it, is to be performed, and in such other publications as the director determines, which notice shall state the general character of the work and the general character of the materials to be furnished, the place where plans and specifications therefor may be examined, and the time and place of receiving bids.
(b) Each bid for a contract for the construction, demolition, alteration, repair, or reconstruction of an improvement shall contain the full name of every person interested in it and meet the requirements of section 153.54 of the Revised Code.
(c) Each bid for a contract, except as provided in division (B)(6)(b) of this section, shall contain the full name of every person interested in it and shall be accompanied by bond or certified check on a solvent bank, in such amount as the director considers sufficient, that if the bid is accepted a contract will be entered into and the performance of the proposal secured.
(d) The director may reject any and all bids.
(e) A bond with good and sufficient surety, approved by the director, shall be required of every contractor awarded a contract except as provided in division (B)(6)(b) of this section, in an amount equal to at least fifty per cent of the contract price, conditioned upon faithful performance of the contract.
(7) Employ or contract with financial consultants, appraisers, consulting engineers, superintendents, managers, construction and accounting experts, attorneys, and other employees and agents as are necessary in the director's judgment and fix their compensation;
(8) Receive and accept grants, gifts, and contributions of money, property, labor, and other things of value to be held, used, and applied only for the purpose for which the grants, gifts, and contributions are made, from individuals, private and public corporations, from the United States or any agency thereof, from the state or any agency thereof, and from any political subdivision of the state, and may agree to repay any contribution of money or to return any property contributed or the value thereof at such times, in amounts, and on terms and conditions, excluding the payment of interest, as the director determines at the time the contribution is made, and may evidence the obligations by notes, bonds, or other written instruments;
(9) Establish with the treasurer of state the funds provided in sections 122.80 and 122.88 of the Revised Code in addition to such funds as the director determines are necessary or proper;
(10) Adopt rules under Chapter 119. of the Revised Code necessary to implement sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code.
(11) Do all acts and things necessary or proper to carry out the powers expressly granted and the duties imposed in sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code.
(C)(1) All expenses and obligations incurred by the director in carrying out the director's powers and in exercising the director's duties under sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code shall be payable solely from revenues or other receipts or income of the director, from grants, gifts, and contributions, or funds established in accordance with such sections. Such sections do not authorize the director to incur indebtedness or to impose liability on the state or any political subdivision of the state.
(2) Financial statements and other data submitted to the director by any corporation, partnership, or person in connection with financial assistance provided under sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code, or any information taken from such statements or data for any purpose, shall not be open to public inspection.
Last updated July 20, 2021 at 10:11 AM

Structure Ohio Revised Code

Ohio Revised Code

Title 1 | State Government

Chapter 122 | Department of Development

Section 122.01 | Department of Development Definitions.

Section 122.011 | Department of Development Powers and Duties.

Section 122.012 | Regional State Agency for Jobs and Employment Opportunities.

Section 122.013 | Required Postings on Official Internet Site.

Section 122.014 | Financial Assistance for Gaming Activities.

Section 122.02 | Applying for Federal and Private Assistance and Contracts.

Section 122.03 | Duties of Department - Research Facilities.

Section 122.04 | Additional Duties.

Section 122.041 | Duties of Director of Development as to Encouraging Diversity, Growth, and Equity Program.

Section 122.042 | Foundation of Employment Opportunity Program.

Section 122.05 | Offices in Foreign Countries.

Section 122.051 | International Trade Cooperative Projects Fund.

Section 122.06 | Planning Duties.

Section 122.07 | Office of Tourismohio.

Section 122.071 | Tourismohio Advisory Board.

Section 122.072 | Tourism Fund.

Section 122.073 | Promoting State of Ohio.

Section 122.075 | Alternative Fuel Transportation Grant Program.

Section 122.076 | Alternative Fuel Vehicle Conversion Program.

Section 122.077 | Energy Star Rebate Program.

Section 122.08 | Office of Small Business - Powers and Duties.

Section 122.081 | Small Business Register.

Section 122.082 | Low-Interest Loans to Small Businesses.

Section 122.083 | Shovel Ready Sites Program - Fund.

Section 122.085 | Job Ready Site Program - Definitions.

Section 122.086 | Job Ready Site Program.

Section 122.087 | Annual Competitive Process for Grants Under Program.

Section 122.088 | Annual Competitive Process Grant Application.

Section 122.089 | Grant Application Contents.

Section 122.0810 | Grant Application Evaluation - Prioritization - Notice of Deficiencies.

Section 122.0811 | Completeness of Application and Eligibility of Project.

Section 122.0812 | Discretionary Grants Outside Annual Competitive Process.

Section 122.0813 | Evaluation of Discretionary Grant Application.

Section 122.0814 | Approval of Grant - Agreement With Applicant.

Section 122.0815 | Project Requirements for Consideration for Grant.

Section 122.0816 | Project Priority Under Annual Competitive Process.

Section 122.0817 | Annual Program Report by Director.

Section 122.0819 | Allowance of Recovery of Committee Costs.

Section 122.0820 | Job Site Ready Development Fund.

Section 122.09 | Transformational Mixed Use Development Tax Credit.

Section 122.10 | Cooperation and Coordination With Other State Departments and Agencies.

Section 122.11 | Classified and Unclassified Employees.

Section 122.12 | Definitions.

Section 122.121 | Site Selection for Major Sporting Event.

Section 122.122 | Sports Event Grant Fund.

Section 122.13 | Definitions.

Section 122.131 | Employee Ownership Assistance Program.

Section 122.132 | Duties of Director of Development.

Section 122.133 | Boards to Assist Employee Ownership Assistance Program.

Section 122.134 | Feasibility Study.

Section 122.135 | Assistance in Studying Feasibility of Employee-Owned Corporation.

Section 122.136 | Annual Report.

Section 122.14 | Roadwork Development Fund.

Section 122.15 | Definitions for Sections 122.151 to 122.156.

Section 122.151 | Certification as a Rural Business Growth Fund.

Section 122.152 | Tax Credit.

Section 122.153 | Tax Credit Certificates; Recapture of Tax Credits.

Section 122.154 | Reports.

Section 122.155 | State Reimbursement Amount.

Section 122.156 | Written Opinion.

Section 122.16 | Economic Redevelopment of Distressed Area.

Section 122.17 | Grants to Foster Job Creation.

Section 122.171 | Tax Credits to Foster Job Retention.

Section 122.172 | Manufacturing Equipment Grant Program.

Section 122.173 | Grant Against Tax for New Manufacturing Machinery Purchase.

Section 122.174 | Tax Incentives Operating Fund.

Section 122.175 | Tax Exemption for Sale, Storage, Use, or Other Consumption of Computer Data Center Equipment.

Section 122.176 | Grants for Employers That Move Into a Previously Vacant Facility.

Section 122.177 | Career Exploration Internship Program.

Section 122.178 | Techcred Program.

Section 122.179 | Industry Sector Partnerships.

Section 122.1710 | Individual Microcredential Assistance Program.

Section 122.1711 | Report to Legislature.

Section 122.18 | Annual Payments to Landlord for Projects Creating New Jobs.

Section 122.19 | Urban and Rural Initiative Grant Program Definitions.

Section 122.20 | Urban and Rural Initiative Grant Program.

Section 122.21 | Urban and Rural Initiative Grant Program Definitions.

Section 122.22 | Grant Eligibility.

Section 122.23 | Rural Industrial Park Loan Program Definitions.

Section 122.24 | Rural Industrial Park Loan Program.

Section 122.25 | Administration of Program - Park Use.

Section 122.26 | Rural Industrial Park Loan Fund.

Section 122.27 | Eligibility for Financial Assistance.

Section 122.28 | Industrial Technology and Enterprise Advisory Council Definitions.

Section 122.30 | Powers and Duties.

Section 122.31 | Payment Sources for Expenses and Obligations.

Section 122.32 | Accepting Using Contributions.

Section 122.33 | Administration of Programs.

Section 122.34 | Purposes.

Section 122.35 | Depositing Receipts.

Section 122.36 | Confidential Information.

Section 122.37 | Steel Futures Program.

Section 122.38 | Small Business Innovation Research Grant Program.

Section 122.39 | Definitions for r.c. 122.41 to 122.62.

Section 122.40 | Definitions for r.c. 122.40 to 122.4077 - Residential Broadband Expansion.

Section 122.401 | Residential Broadband Expansion Grant Program.

Section 122.403 | Broadband Expansion Program Authority.

Section 122.406 | Authority Consideration of Program Applications.

Section 122.407 | Authority Duties.

Section 122.408 | Authority Hearings.

Section 122.4010 | Authority Annual Report of Findings and Recommendations.

Section 122.4013 | Grant Applications by Broadband Providers.

Section 122.4015 | Grants Only for Eligible Projects.

Section 122.4016 | Ineligible Projects.

Section 122.4017 | Funds for Grants.

Section 122.4018 | Grants Limited by Available Funds.

Section 122.4019 | Application Submission.

Section 122.4020 | Application Requirements.

Section 122.4021 | Conditions for Grants.

Section 122.4023 | Proprietary or Trade Secret Evaluations.

Section 122.4024 | Notification of Published Applications.

Section 122.4025 | Video Service Provider Fees Contributed to Funding Gap.

Section 122.4030 | Application Challenges.

Section 122.4031 | Evidence Sufficient to Successfully Challenge.

Section 122.4033 | Authority Actions Regarding a Challenge.

Section 122.4034 | Revision, Resubmission of Successfully Challenged Applications.

Section 122.4035 | Review of Resubmitted Applications.

Section 122.4036 | Sanctions for Challenging Provider's Failure to Provide Service.

Section 122.4037 | Disposition of Sanction Amounts.

Section 122.4040 | Weighted Scoring System for Applications.

Section 122.4041 | Weighted Scoring System Priorities.

Section 122.4043 | Grant Awards.

Section 122.4044 | Grant Disbursement.

Section 122.4045 | Speed Verification Tests.

Section 122.4046 | Noncompliance With Requirements.

Section 122.4050 | County Request Application Solicitation.

Section 122.4051 | Solicitation on Behalf of County.

Section 122.4053 | Response Application Compliance.

Section 122.4055 | No Responsibility for Lack of Response.

Section 122.4060 | Grant Required for Eligible Project to Proceed.

Section 122.4061 | Financial Responsibility Before Project Completion.

Section 122.4063 | Ownership or Transfer of Broadband Infrastructure.

Section 122.4070 | Annual and Operational Reports.

Section 122.4071 | Report Contents and Public Availability.

Section 122.4073 | Due Date and Extensions for Reports.

Section 122.4075 | Reports, Documents Confidential.

Section 122.4076 | Annual Program Report by Authority.

Section 122.4077 | Residential Broadband Expansion Grant Rules.

Section 122.41 | Director's Powers and Duties Under Chapter 122.

Section 122.42 | Director's Powers and Duties Under r.c. 122.41 to 122.62.

Section 122.43 | Lending Funds.

Section 122.44 | Terms of Loans.

Section 122.45 | Loans to Political Subdivisions.

Section 122.451 | Insuring Mortgage Payments.

Section 122.46 | Purchase, Sale, Improvement of Property for Industrial, Commercial, Distribution or Research Facilities.

Section 122.47 | Issuing Bonds.

Section 122.48 | Issuing Revenue Bonds.

Section 122.49 | Using Bond Proceeds.

Section 122.50 | Bonds Not a Debt of State.

Section 122.51 | Bonds Are Lawful Investments.

Section 122.52 | Issuing Revenue Refunding Bonds.

Section 122.53 | Bonds Secured by Trust Agreements.

Section 122.54 | Direct Loan Program Fund.

Section 122.55 | Purchase Fund of the Director of Development.

Section 122.56 | Mortgage Guarantee Fund.

Section 122.561 | Mortgage Insurance Fund.

Section 122.57 | Distributing Income to Separate Sinking Funds.

Section 122.571 | Revenue Bond Guaranty Fund.

Section 122.58 | Investing Funds.

Section 122.59 | Proceedings in Default.

Section 122.60 | Capital Access Loan Program Definitions.

Section 122.601 | Capital Access Loan Program Fund.

Section 122.602 | Capital Access Loan Program.

Section 122.603 | Program Reserve Account.

Section 122.604 | Recovering Delinquent Loan Amount From Program Reserve Account.

Section 122.605 | Annual Report.

Section 122.61 | Tax Exemptions.

Section 122.62 | Keeping Funds in Depositories Selected by Director.

Section 122.63 | Housing Needs.

Section 122.64 | Business Services Division.

Section 122.641 | The Lakes in Economic Distress Revolving Loan Program.

Section 122.65 | Brownfield Revitalization Project Definitions.

Section 122.651 | Clean Ohio Council.

Section 122.652 | Grant or Loan for a Brownfield Cleanup or Remediation Project.

Section 122.653 | Application Approval.

Section 122.654 | Determining Compliance With Applicable Cleanup Standards.

Section 122.655 | No Further Action Letters.

Section 122.656 | Grant to Pay Cost of Assessment for Cleanup or Remediation of Brownfield, or Public Health Project.

Section 122.657 | Establishing Policies and Requirements.

Section 122.658 | Clean Ohio Revitalization Fund - Revolving Loan Fund.

Section 122.659 | Effect on Other Provisions.

Section 122.6510 | Brownfields Revolving Loan Fund.

Section 122.6511 | Brownfield Remediation Program.

Section 122.6512 | Building Demolition and Site Revitalization Program.

Section 122.66 | Office of Community Services Definitions.

Section 122.67 | Community Services Division.

Section 122.68 | Powers and Duties.

Section 122.681 | Confidentiality of Information.

Section 122.69 | Endorsement of Community Action Agency.

Section 122.70 | Board of Directors of Community Action Agency - Powers and Duties.

Section 122.701 | Designating New or Rescinding Former Designation.

Section 122.702 | Hearings on Use of Community Services Block Grant Funds.

Section 122.71 | Minority Development Financing Advisory Board Definitions.

Section 122.72 | Minority Development Financing Advisory Board.

Section 122.73 | Powers and Duties.

Section 122.74 | Director of Development - Powers and Duties.

Section 122.75 | Director of Development - Duties Regarding Minority Programs.

Section 122.751 | Certifying Loan Applicants.

Section 122.76 | Loan Criteria.

Section 122.77 | Loan Guarantees.

Section 122.78 | Terms, Conditions, and Provisions of Loans and Guarantees.

Section 122.79 | Tax Exemptions.

Section 122.80 | Minority Business Enterprise Loan Fund.

Section 122.81 | Default on Loan, Guarantee, or Lease.

Section 122.82 | Moneys, Funds, Properties, and Assets Held in Trust.

Section 122.83 | Prohibiting Misrepresentation.

Section 122.84 | Tax Credit for Investors in Multiple Qualified Opportunity Funds.

Section 122.85 | Tax Credit-Eligible Productions.

Section 122.851 | Certification as Ohio Venture Capital Operating Company.

Section 122.86 | Small Business Investment Certificate; Tax Credit.

Section 122.861 | Diesel Emissions Reduction Grant and Loan Programs.

Section 122.862 | Sellohio Global Initiative Fund.

Section 122.87 | Minority Business Bonding Program Definitions.

Section 122.88 | Minority Business Bonding Fund - Minority Business Bonding Program Administrative and Loss Reserve Fund.

Section 122.89 | Executing Bonds as Surety.

Section 122.90 | Guarantee of Bonds Executed by Sureties for Minority Businesses and Edge Business Enterprises.

Section 122.92 | Minority Business Development Division.

Section 122.921 | [Former r.c. 123.151, Amended and Renumbered by h.b. 110, 134th General Assembly, Effective 9/30/2021] Rules for Certification as Minority Business Enterprises; State Agency, Port Authority Reports.

Section 122.922 | [Former r.c. 123.152, Amended and Renumbered by h.b. 110, 134th General Assembly, Effective 9/30/2021] Encouraging Diversity, Growth, and Equity Program.

Section 122.923 | [Former r.c. 123.153, Amended and Renumbered by h.b. 110, 134th General Assembly, Effective 9/30/2021] Report on Programs.

Section 122.924 | [Former r.c 123.154, Amended and Renumbered by h.b. 110, 134th General Assembly, Effective 9/30/2021] Women-Owned Business Enterprise Program.

Section 122.925 | [Former r.c. 9.318, Amended and Renumbered by h.b. 110, 134th General Assembly, Effective 9/30/2021] Veteran-Friendly Business Procurement Program.

Section 122.93 | Accepting Gifts and Other Aid.

Section 122.94 | Rules - Annual Report.

Section 122.941 | Annual Report.

Section 122.942 | Project Information to Be Made Public.

Section 122.95 | Definitions - Industrial Site Improvement Fund Grants.

Section 122.951 | Grants From Industrial Site Improvement Fund.

Section 122.9511 | Siteohio Certification Program.

Section 122.9512 | Siteohio Administration Fund.

Section 122.96 | Delegation of Authority.

Section 122.98 | Ohio Aerospace and Aviation Technology Committee.

Section 122.99 | Penalty.