Ohio § 101.62

§ 101.62.

(A) As used in sections 101.62 to 101.65 of the Revised Code : (1) “ Individual ” means a natural person. (2) Except as provided in divisions (A)(3) and (4) of this section, “least restrictive

regulation,” “occupational license,” and “occupational licensing board” have the meanings

defined in section 4798.01 of the Revised Code . (3) On and after the effective date of this amendment, “ occupational license ” means all of the following: (a) An occupational license as that term is defined in section 4798.01 of the Revised Code ; (b) A certification as that term is defined in section 4798.01 of the Revised Code ; (c) A business license that requires the applicant to satisfy a personal qualification. (4) On and after the effective date of this amendment, “ occupational licensing board ” means any board, commission, committee, or council, or any other similar state public

body, any administrative department enumerated under section 121.02 of the Revised Code , and any agency, division, or office of state government, that issues an occupational

license.  “Occupational licensing board” does not include a committee or office created under section 101.34 of the Revised Code . (5)(a) Except as provided in division (A)(5)(b) of this section, “ personal qualification ” means criteria related to an applicant's personal background and characteristics

including completion of an approved educational program, satisfactory performance

on an examination, work experience, other evidence of attainment of requisite skills

or knowledge, moral standing, criminal history, and completion of continuing education. (b) “Personal qualification” does not include a requirement that an owner or controlling

persons of a business submit to a criminal records check or meet requirements related

to criminal history or moral standing, unless that owner or controlling person is

the applicant. (B) An occupational licensing board shall be triggered to expire at the end of the thirty-first

day of December of the sixth year after it became subject to review or was created

or last renewed and shall expire at the end of the thirtieth day of June of the following

year after the board was triggered to expire.  The expiration of an occupational licensing board under this section emancipates

a person to lawfully engage in the profession, occupation, or occupational activity,

which has been previously licensed by that board, without an occupational license,

notwithstanding any law of the state that requires a person to possess a license to

lawfully engage in that profession, occupation, or occupational activity. (C) The director of budget and management shall not authorize the expenditure of any

moneys for an occupational licensing board on or after the date of its expiration. (D) The occupational licensing board shall operate after its expiration has been triggered,

but not later than the end of the thirtieth day of June of the following year, to

provide for the orderly, efficient, and expeditious conclusion of the board's business

and operation.  The orders, licenses, contracts, and other actions made, taken, granted, or performed

by the board continue in effect according to their terms notwithstanding the board's

abolition, unless the general assembly provides otherwise by law.  The general assembly may provide by law for the temporary or permanent transfer

of some or all of an expired or abolished board's functions and personnel to a successor

agency, board, or officer. The expiration or abolition of a board does not cause the termination or dismissal

of any claim pending against the board by any person, or any claim pending against

any person by the board.  Unless the general assembly provides otherwise by law for the substitution of parties,

the attorney general shall succeed the board with reference to any pending claim. (E) An occupational licensing board may be renewed by enactment of a law that continues

the statutes creating, empowering, governing, or regulating the board.  The amendment of a statute creating, empowering, governing, or regulating a board,

between the time the board was last reviewed and the time it is next scheduled to

be reviewed does not change the next scheduled review date of the board.  The next scheduled review date changes only if the amendment expressly so provides. (F) When an occupational licensing board performs functions other than licensing or regulating

the licensing of an occupational license that expires under this section, the operation

of sections 101.62 to 101.65 of the Revised Code shall not cause the board, or the statutes creating, empowering, governing, or regulating

the board, to expire.  The board and the statutes shall continue to the extent the board and the statutes

apply to performing functions other than licensing or regulating the licensing of

an occupational license.