Ohio § 2743.19

§ 2743.19.

(A) In rendering a judgment against the state, the court of claims shall determine and

specify in the judgment the department, office, commission, board, agency, institution,

or other instrumentality of the state against which a determination of liability has

been made.  The court of claims shall award compensation for fees to a prevailing party in an

action under this chapter in accordance with section 2335.39 of the Revised Code . (B) No execution shall issue against the state or any department, board, office, commission,

agency, institution, or other instrumentality of the state upon any judgment for the

payment of money. (C) Judgments shall be accomplished only through the following procedure, which may be

enforced by writ of mandamus directed to the appropriate official: (1) The clerk of the court of claims shall forward a certified copy of the judgment to

the director of budget and management and the attorney general or the officer who

signed the investigative report for the department, office, commission, board, agency,

institution, or other instrumentality of the state against which a determination of

liability has been made.  If the judgment requires payment from the risk management reserve fund created in section 9.823 of the Revised Code , a final signed copy of the judgment shall be forwarded to the office of risk management

in the department of administrative services for payment. (2) The expense of a judgment paid, plus interest at the same rate that is applicable

to judgments rendered against private parties to a suit as specified in section 1343.03 of the Revised Code and for the number of days determined pursuant to division (B)(1) or (2) of section

2743.18 of the Revised Code, shall be charged by the director of budget and management

against available unencumbered moneys in the appropriations to whichever state departments,

boards, offices, commissions, agencies, institutions, or other instrumentalities are

named in the judgment.  The director of budget and management shall have sole discretion to determine whether

or not unencumbered moneys in a particular appropriation are available for satisfaction

of a judgment. (3) The director of budget and management, upon receipt of the certified copy of the

judgment from the clerk of the court of claims pursuant to division (C)(1) of this

section, shall provide for payment of the judgment creditor in the amount of the judgment

certified by the clerk of the court of claims, plus interest. (4) If the director of budget and management determines that sufficient unencumbered

moneys do not exist in the particular appropriations to pay the judgment and interest,

the director may make application for payment of the judgment and interest out of

the emergency purposes account or another appropriation for emergencies or contingencies. (5) If moneys in the emergency purposes account or another appropriation for emergencies

or contingencies are not used to pay the judgment and interest, the director of budget

and management shall request the general assembly to make an appropriation sufficient

to pay the judgment and interest, and no payment shall be made until the appropriation

has been made.  The appropriate state department, board, office, commission, agency, institution,

or other instrumentality shall make this appropriation request during the current

biennium and during each succeeding biennium until a sufficient appropriation is made. (6) If the judgment is against any department, board, office, commission, agency, institution,

or other instrumentality of the state whose funds are not handled by the director

of budget and management, the instrumentality against which the judgment is made,

within sixty days after the date of the judgment, shall pay the judgment creditor

in the amount of the judgment plus interest at the same rate that is applicable to

judgments rendered against private parties to a suit as specified in section 1343.03 of the Revised Code and for the number of days determined pursuant to division (B)(1) or (2) of section

2743.18 of the Revised Code. (D) No judgment shall be forwarded by the clerk of the court of claims to the director

of budget and management until all appeals have been determined and all rights to

appeal have been exhausted, except as otherwise provided in this section.  If a party to a civil action against the state appeals from only a portion of a

judgment and if a remaining portion provides for the payment of money by the state,

a certified copy of the judgment and a copy of the notice of appeal shall be forwarded

to the director, and that part of the judgment calling for the payment of money by

the state and not a subject of the appeal shall be processed for payment as described

in this section.