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?
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 should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Andrew Esposito does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.
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.
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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, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.