What is the difference between the Ohio revised code and Ohio administrative code?. What one supersedes the other/

Asked about 2 years ago - Toledo, OH

if a rule is violated by a person in the Ohio administrative code but not in the Ohio reised code, is the person breaking the law?

Attorney answers (3)

  1. Andrew A Esposito

    Contributor Level 13

    5

    Lawyers agree

    Answered . The Ohio Revised Code contains all of the laws that have been passed by the legislature. The Ohio Administrative Code contains all of the rules passed by the various state agencies. If a person is in violation of the OAC then they are subject to liability set forth by the OAC and they may be subject to the ORC depending on the language or the statutes and codes that are being violated. Generally speaking, the OAC and ORC should never be in conflict, accordingly, there should be no issue of one superseding the other.

    Mr. Esposito is a Ohio-licensed attorney only. The information is not, nor is it intended to be, legal advice. You... more
  2. Scott Michael Swafford

    Contributor Level 9

    2

    Lawyers agree

    Answered . You should always seek local advice from attorneys barred in Ohio. That said, the Ohio Revised Code appears to be the accumulation of laws passed by the Ohio legislature, while the Ohio Administrative Code appears to be the accumulation of rules passed by various administrative agencies using authorities delegated by the Ohio legislature.
    Or, to make this sound less lawyerly, sometimes a legislature might pass a law that says something like "businesses cannot engage in unfair or deceptive trade practices," and give a state consumer protection agency the authority to define in its rules what "unfair or deceptive" actually means.
    So, to get back to your question, it all depends on what the rule is and what the conduct is. Just because the law (in this case revised code) is more general and it seems to you like your conduct could fit within it, doesn't mean the conduct is within the law, as the law could purposely be written to allow the agency to provide details in their rules.
    Bottom line - talk to a local administrative lawyer in Ohio, or one versed in the subject matter (e.g., telecommunications, consumer protection, etc.) that the rules operate in.

  3. Brian S Wayson

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Yes, administrative rules are law, so violating administrative rules is breaking the law.

    Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice,... more

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