Ohio § 1345.05

§ 1345.05.

(A) The attorney general shall: (1) Adopt, amend, and repeal procedural rules; (2) Adopt as a rule a description of the organization of the attorney general's office,

stating the general courses and methods of operation of the section of the office

of the attorney general, which is to administer Chapter 1345. of the Revised Code

and methods whereby the public may obtain information or make submissions or requests,

including a description of all forms and instructions used by that office; (3) Make available for public inspection all rules and all other written statements of

policy or interpretations adopted or used by the attorney general in the discharge

of the attorney general's functions, together with all judgments, including supporting

opinions, by courts of this state that determine the rights of the parties and concerning

which appellate remedies have been exhausted, or lost by the expiration of the time

for appeal, determining that specific acts or practices violate section 1345.02 , 1345.03 , or 1345.031 of the Revised Code ; (4) Inform consumers and suppliers on a continuing basis of acts or practices that violate

Chapter 1345. of the Revised Code by, among other things, publishing an informational

document describing acts and practices in connection with residential mortgages that

are unfair, deceptive, or unconscionable, and by making that information available

on the attorney general's official web site; (5) Cooperate with state and local officials, officials of other states, and officials

of the federal government in the administration of comparable statutes; (6) Report annually on or before the thirty-first day of January to the governor and

the general assembly on the operations of the attorney general in respect to Chapter

1345. of the Revised Code, and on the acts or practices occurring in this state that

violate such chapter.  The report shall include a statement of investigatory and enforcement procedures

and policies, of the number of investigations and enforcement proceedings instituted

and of their disposition, and of other activities of the state and of other persons

to promote the purposes of Chapter 1345. of the Revised Code. (7) In carrying out official duties, the attorney general shall not disclose publicly

the identity of suppliers investigated or the facts developed in investigations unless

these matters have become a matter of public record in enforcement proceedings, in

public hearings conducted pursuant to division (B)(1) of this section, or the suppliers

investigated have consented in writing to public disclosure. (B) The attorney general may: (1) Conduct research, make inquiries, hold public hearings, and publish studies relating

to consumer transactions; (2) Adopt, amend, and repeal substantive rules defining with reasonable specificity acts

or practices that violate sections 1345.02 , 1345.03 , and 1345.031 of the Revised Code .  In adopting, amending, or repealing substantive rules defining acts or practices

that violate section 1345.02 of the Revised Code , due consideration and great weight shall be given to federal trade commission orders,

trade regulation rules and guides, and the federal courts' interpretations of subsection

45(a)(1) of the “Federal Trade Commission Act,” 38 Stat. 717 (1914), 15 U.S.C.A. 41 , as amended. In adopting, amending, or repealing such rules concerning a consumer transaction in

connection with a residential mortgage, the attorney general shall consult with the

superintendent of financial institutions and shall give due consideration to state

and federal statutes, regulations, administrative agency interpretations, and case

law. (C) In the conduct of public hearings authorized by this section, the attorney general

may administer oaths, subpoena witnesses, adduce evidence, and require the production

of relevant material.  Upon failure of a person without lawful excuse to obey a subpoena or to produce

relevant matter, the attorney general may apply to a court of common pleas for an

order compelling compliance. (D) The attorney general may request that an individual who refuses to testify or to

produce relevant material on the ground that the testimony or matter may incriminate

the individual be ordered by the court to provide the testimony or matter.  With the exception of a prosecution for perjury and an action for damages under section 1345.07 or 1345.09 of the Revised Code , an individual who complies with a court order to provide testimony or matter, after

asserting a privilege against self incrimination to which the individual is entitled

by law, shall not be subjected to a criminal proceeding on the basis of the testimony

or matter discovered through that testimony or matter. (E) Any person may petition the attorney general requesting the adoption, amendment,

or repeal of a rule.  The attorney general shall prescribe by rule the form for such petitions and the

procedure for their submission, consideration, and disposition.  Within sixty days of submission of a petition, the attorney general shall either

deny the petition in writing, stating the reasons for the denial, or initiate rule-making

proceedings.  There is no right to appeal from such denial of a petition. (F) All rules shall be adopted subject to Chapter 119. of the Revised Code. (G) The informational document published in accordance with division (A)(4) of this section

shall be made available for distribution to consumers who are applying for a mortgage

loan.  An acknowledgement of receipt shall be retained by the lender, mortgage broker,

and loan officer, as applicable, subject to review by the attorney general and the

department of commerce.