Ohio Administrative Code Title 151 - Ohio Public Facilities Commission
🏢 Ohio Administrative Code Title 151
Ohio Public Facilities Commission (OPFC)
🔹 Overview
The Ohio Public Facilities Commission (OPFC) is a state agency responsible for issuing bonds and managing financing for public facilities projects on behalf of state and local governments. These facilities include:
Schools,
Higher education buildings,
Public hospitals,
Correctional facilities,
Other public infrastructure.
The OPFC helps local governments and state agencies raise capital through tax-exempt bond financing, supporting construction and renovation projects.
The rules under Title 151 outline the OPFC’s powers, procedures for issuing bonds, administrative requirements, and reporting duties, under authority from Ohio Revised Code Chapter 165 and related statutes.
🔹 Key Provisions of OAC Title 151
1. Bond Issuance Procedures
Rules governing how the OPFC issues bonds to finance public facility projects.
Requirements for public notice, bidding, and approval processes to ensure transparency and compliance.
Terms and conditions of bonds, including interest rates and repayment schedules.
2. Project Eligibility
Specifies which types of projects are eligible for financing through the OPFC.
Projects must serve a public purpose and meet state guidelines.
3. Financial and Administrative Reporting
OPFC and project sponsors must submit regular reports on the status of bond-financed projects.
Financial audits and compliance reports are required.
4. Contracting and Procurement
Procedures for selecting contractors for OPFC-financed projects.
Ensures adherence to public bidding laws and ethical standards.
5. Dispute Resolution
Processes for resolving disputes arising from bond issuance, project administration, or contract execution.
⚖️ Relevant Case Law Principles
Though specific Ohio cases directly addressing OAC Title 151 may be limited, important legal principles include:
✅ 1. Public Purpose Requirement
Principle:
Bond-funded projects must serve a valid public purpose. Courts will invalidate bonds issued for private benefit or without public justification.
✅ 2. Compliance with Statutory Procedures
Principle:
Failure to follow prescribed bond issuance and procurement procedures can render bonds void or unenforceable.
✅ 3. Bondholder Rights
Principle:
Courts protect bona fide bondholders’ rights to repayment, even if technical defects exist, under the holder in due course doctrine.
✅ 4. Transparency and Public Notice
Principle:
Adequate notice and opportunity for public input are necessary to uphold bond issuance legality and prevent challenges.
🔎 Hypothetical Case Example
Scenario:
The OPFC issues bonds to finance a new university building. A local taxpayer challenges the issuance, claiming the project lacks a public purpose and proper notice.
The court reviews the statute and finds the building serves educational purposes.
The court confirms public notice requirements were met.
The bond issuance is upheld as valid.
📌 Summary Table
Aspect | Explanation |
---|---|
Bond Issuance | Procedures ensuring lawful and transparent financing |
Project Eligibility | Must serve public purpose |
Reporting | Regular financial and project status reporting |
Procurement | Compliance with bidding and contracting laws |
Legal Protections | Upholds bondholder rights and public transparency |
0 comments