Ohio § 1349.31

§ 1349.31.

(A)(1) No creditor shall willfully and knowingly fail to comply with section 1349.26 or 1349.27 of the Revised Code .  For purposes of division (A)(1) of this section, “willfully and knowingly” has the

same meaning as in section 112 of the “Truth in Lending Act,” 82 Stat. 146 (1968), 15 U.S.C.A. 1611 , as amended. (2) Whoever violates division (A)(1) of this section is guilty of a felony of the fifth

degree. (B) The superintendent of financial institutions may directly bring an action to enjoin

a violation of this section.  The attorney general may directly bring an action against a mortgage broker, loan

officer, or nonbank mortgage lender to enjoin a violation of this section with the

same rights, privileges, and powers as those described in section 1345.06 of the Revised Code .  The prosecuting attorney of the county in which the action may be brought may bring

an action against a mortgage broker, loan officer, or nonbank mortgage lender to enjoin

a violation of this section only if the prosecuting attorney first presents any evidence

of the violation to the attorney general and, within a reasonable period of time,

the attorney general has not agreed to bring the action. For purposes of this division, “loan officer,” “mortgage broker,” and “nonbank mortgage

lender” have the same meanings as in section 1345.01 of the Revised Code . (C)(1) The superintendent of financial institutions may initiate criminal proceedings under

this section by presenting any evidence of criminal violations to the prosecuting

attorney of the county in which the offense may be prosecuted.  If the prosecuting attorney does not prosecute the violations, or at the request

of the prosecuting attorney, the superintendent shall present any evidence of criminal

violations to the attorney general, who may proceed in the prosecution with all the

rights, privileges, and powers conferred by law on prosecuting attorneys, including

the power to appear before grand juries and to interrogate witnesses before such grand

juries.  These powers of the attorney general shall be in addition to any other applicable

powers of the attorney general. (2) The prosecuting attorney of the county in which an alleged offense may be prosecuted

may initiate criminal proceedings under this section. (3) In order to initiate criminal proceedings under this section, the attorney general

shall first present any evidence of criminal violations to the prosecuting attorney

of the county in which the alleged offense may be prosecuted.  If, within a reasonable period of time, the prosecuting attorney has not agreed

to prosecute the violations, the attorney general may proceed in the prosecution with

all the rights, privileges, and powers described in division (C)(1) of this section.