Ohio § 4112.04

Full text of Ohio Ohio Revised Code § 4112.04, with citation guidance and answers to common questions.

§ 4112.04.

(A) The commission shall do all of the following: (1) Establish and maintain a principal office in the city of Columbus and any other offices

within the state that it considers necessary; (2) Appoint an executive director who shall serve at the pleasure of the commission and

be its principal administrative officer.  The executive director shall be paid a salary fixed pursuant to Chapter 124. of

the Revised Code. (3) Appoint hearing examiners and other employees and agents who it considers necessary

and prescribe their duties subject to Chapter 124. of the Revised Code; (4) Adopt, promulgate, amend, and rescind rules to effectuate the provisions of this

chapter and the policies and practice of the commission in connection with this chapter; (5) Formulate policies to effectuate the purposes of this chapter and make recommendations

to agencies and officers of the state or political subdivisions to effectuate the

policies; (6) Receive, investigate, and pass upon written charges made under oath of unlawful discriminatory

practices; (7) Make periodic surveys of the existence and effect of discrimination because of race,

color, religion, sex, military status, familial status, national origin, disability,

age, or ancestry on the enjoyment of civil rights by persons within the state; (8) Report, from time to time, but not less than once a year, to the general assembly

and the governor, describing in detail the investigations, proceedings, and hearings

it has conducted and their outcome, the decisions it has rendered, and the other work

performed by it, which report shall include a copy of any surveys prepared pursuant

to division (A)(7) of this section and shall include the recommendations of the commission

as to legislative or other remedial action; (9) Prepare a comprehensive educational program, in cooperation with the department of

education and workforce, for the students of the public schools of this state and

for all other residents of this state that is designed to eliminate prejudice on the

basis of race, color, religion, sex, military status, familial status, national origin,

disability, age, or ancestry in this state, to further good will among those groups,

and to emphasize the origin of prejudice against those groups, its harmful effects,

and its incompatibility with American principles of equality and fair play; (10) Receive progress reports from agencies, instrumentalities, institutions, boards,

commissions, and other entities of this state or any of its political subdivisions

and their agencies, instrumentalities, institutions, boards, commissions, and other

entities regarding affirmative action programs for the employment of persons against

whom discrimination is prohibited by this chapter, or regarding any affirmative housing

accommodations programs developed to eliminate or reduce an imbalance of race, color,

religion, sex, military status, familial status, national origin, disability, or ancestry.  All agencies, instrumentalities, institutions, boards, commissions, and other entities

of this state or its political subdivisions, and all political subdivisions, that

have undertaken affirmative action programs pursuant to a conciliation agreement with

the commission, an executive order of the governor, any federal statute or rule, or

an executive order of the president of the United States shall file progress reports

with the commission annually on or before the first day of November.  The commission shall analyze and evaluate the progress reports and report its findings

annually to the general assembly on or before the thirtieth day of January of the

year immediately following the receipt of the reports. (11) Notify a person who files a charge pursuant to section 4112.051 of the Revised Code that under division (A) of section 4112.052 of the Revised Code , the person is prohibited from bringing a civil action under this chapter unless

one of the following applies: (a) The conditions stated in division (B)(1) of section 4112.052 of the Revised Code are satisfied; (b) An exception specified in division (B)(2) of section 4112.052 of the Revised Code applies. (B) The commission may do any of the following: (1) Meet and function at any place within the state; (2) Initiate and undertake on its own motion investigations of problems of employment

or housing accommodations discrimination; (3) Hold hearings, subpoena witnesses, compel their attendance, administer oaths, take

the testimony of any person under oath, require the production for examination of

any books and papers relating to any matter under investigation or in question before

the commission, and make rules as to the issuance of subpoenas by individual commissioners. (a) In conducting a hearing or investigation, the commission shall have access at all

reasonable times to premises, records, documents, individuals, and other evidence

or possible sources of evidence and may examine, record, and copy the premises, records,

documents, and other evidence or possible sources of evidence and take and record

the testimony or statements of the individuals as reasonably necessary for the furtherance

of the hearing or investigation.  In investigations, the commission shall comply with the fourth amendment to the

United States Constitution relating to unreasonable searches and seizures.  The commission or a member of the commission may issue subpoenas to compel access

to or the production of premises, records, documents, and other evidence or possible

sources of evidence or the appearance of individuals, and may issue interrogatories

to a respondent, to the same extent and subject to the same limitations as would apply

if the subpoenas or interrogatories were issued or served in aid of a civil action

in a court of common pleas. (b) Upon written application by a party to a hearing under division (B) of section 4112.05 or division (G) of section 4112.051 of the Revised Code , the commission shall issue subpoenas in its name to the same extent and subject

to the same limitations as subpoenas issued by the commission.  Subpoenas issued at the request of a party shall show on their face the name and

address of the party and shall state that they were issued at the party's request. (c) Witnesses summoned by subpoena of the commission are entitled to the witness and

mileage fees provided for under section 119.094 of the Revised Code . (d) Within five days after service of a subpoena upon any person, the person may petition

the commission to revoke or modify the subpoena.  The commission shall grant the petition if it finds that the subpoena requires an

appearance or attendance at an unreasonable time or place, that it requires production

of evidence that does not relate to any matter before the commission, that it does

not describe with sufficient particularity the evidence to be produced, that compliance

would be unduly onerous, or for other good reason. (e) In case of contumacy or refusal to obey a subpoena, the commission or person at whose

request it was issued may petition for its enforcement in the court of common pleas

in the county in which the person to whom the subpoena was addressed resides, was

served, or transacts business. (4) Create local or statewide advisory agencies and conciliation councils to aid in effectuating

the purposes of this chapter.  The commission may itself, or it may empower these agencies and councils to, do

either or both of the following: (a) Study the problems of discrimination in all or specific fields of human relationships

when based on race, color, religion, sex, military status, familial status, national

origin, disability, age, or ancestry; (b) Foster through community effort, or otherwise, good will among the groups and elements

of the population of the state. The agencies and councils may make recommendations to the commission for the development

of policies and procedures in general.  They shall be composed of representative citizens who shall serve without pay, except

that reimbursement for actual and necessary traveling expenses shall be made to citizens

who serve on a statewide agency or council. (5) Issue any publications and the results of investigations and research that in its

judgment will tend to promote good will and minimize or eliminate discrimination because

of race, color, religion, sex, military status, familial status, national origin,

disability, age, or ancestry.

Frequently Asked Questions About Ohio § 4112.04

What does Ohio Revised Code § 4112.04 cover?

Section 4112.04 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Ohio § 4112.04?

A common citation format is "Ohio Revised Code § 4112.04" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Ohio law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.

How does Ohio § 4112.04 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.