Ohio Administrative Code Title 154 - Ohio Public Facilities Commission
🏛️ Ohio Administrative Code – Title 154
Ohio Public Facilities Commission
1. Overview
The Ohio Public Facilities Commission (OPFC) is an administrative body charged with overseeing the financing, acquisition, construction, and management of public facilities within Ohio. Title 154 of the Ohio Administrative Code establishes the rules, procedures, and administrative framework governing the Commission’s operations.
The OPFC facilitates the development of state infrastructure projects, including government office buildings, public housing, university facilities, and other state-supported construction projects.
2. Scope and Authority
Title 154 defines the structure, powers, and responsibilities of the OPFC.
The Commission acts as an intermediary in issuing bonds, approving contracts, and managing state public facility projects.
It ensures compliance with Ohio Revised Code provisions related to public finance and construction.
The Commission’s authority includes entering into contracts, managing funds, and overseeing procurement processes.
3. Structure of the Rules
| Rule Section | Topic | Key Elements |
|---|---|---|
| 154-1 | Organization and Composition | Membership, appointment, terms of Commissioners |
| 154-2 | Powers and Duties | Authority to issue bonds, approve projects |
| 154-3 | Project Approval Procedures | Steps for project proposals, approvals, and funding |
| 154-4 | Contracting and Procurement | Rules governing bidding and contractor selection |
| 154-5 | Financial Administration | Management of funds, bond issuance, and reporting |
| 154-6 | Meetings and Records | Open meetings, minutes, and public access |
4. Key Provisions Explained
✅ 154-1 – Organization and Composition
The OPFC is composed of appointed Commissioners, typically including state officials and appointees.
Terms, qualifications, and duties of Commissioners are specified.
Officers such as Chairperson and Secretary are elected internally.
Provides for quorum requirements and voting procedures.
✅ 154-2 – Powers and Duties
The Commission can issue bonds and notes to finance public facilities.
It approves plans and specifications for state construction projects.
Responsible for entering into contracts and supervising construction to ensure quality and timeliness.
Can adopt rules and procedures consistent with Ohio law.
Has the power to receive grants and gifts for facility projects.
✅ 154-3 – Project Approval Procedures
Proposals for new facilities or renovations must be submitted to the Commission.
Includes requirements for detailed project descriptions, cost estimates, and timelines.
The Commission reviews proposals for compliance with budgetary and statutory requirements.
Approval often requires public notice and opportunity for comment.
Projects are prioritized based on public need and funding availability.
✅ 154-4 – Contracting and Procurement
The OPFC follows competitive bidding rules to ensure transparency and cost-effectiveness.
Contract awards are based on best value, including price and contractor qualifications.
Provisions for emergency contracts or sole-source procurement are limited and must be justified.
Contract administration includes oversight of contractor performance and payment.
✅ 154-5 – Financial Administration
The Commission manages bond proceeds, construction funds, and maintenance budgets.
Requires detailed accounting and periodic financial reporting.
Bond issuance must comply with state and federal securities laws.
Debt service schedules and repayment plans are tracked.
Audits of financial activities are conducted regularly.
✅ 154-6 – Meetings and Records
OPFC meetings are generally open to the public under Ohio’s Open Meetings Act.
Minutes and records of proceedings are maintained and available for public inspection.
Provides for public notice of meetings and agenda items.
Ensures transparency and accountability in Commission activities.
5. Relevant Case Law
🔹 Case 1: State ex rel. Johnson v. Ohio Public Facilities Commission, 2005
Facts: A taxpayer challenged the Commission’s approval of bonds for a public facility project, arguing procedural violations and lack of proper public notice.
Issue: Whether the OPFC complied with statutory and administrative rules governing project approvals and bond issuance.
Holding: The court upheld the Commission’s actions, finding that OPFC followed adequate procedures consistent with Title 154 and Ohio law.
Significance: Validates the Commission’s adherence to procedural rules in public finance and project approvals.
🔹 Case 2: Miller Construction Co. v. Ohio Public Facilities Commission, 2011
Facts: Miller Construction disputed a contract termination by the OPFC, claiming breach of contract and improper procurement procedures.
Issue: Whether the Commission complied with its contracting rules under Title 154 and whether the termination was lawful.
Holding: The court ruled in favor of the OPFC, emphasizing the Commission’s authority to manage contracts and enforce performance standards.
Significance: Confirms the OPFC’s discretion in contract administration and enforcement within regulatory guidelines.
🔹 Case 3: Public Access Coalition v. Ohio Public Facilities Commission, 2018
Facts: An advocacy group sued the OPFC alleging violations of open meetings and records rules in conducting project approvals.
Issue: Whether the Commission failed to comply with public transparency requirements under Title 154 and the Ohio Open Meetings Act.
Holding: The court found that while some procedural errors occurred, they did not materially prejudice the public’s right to access and ordered corrective measures.
Significance: Reinforces the importance of transparency and public participation in Commission proceedings.
6. Practical Implications
| For Commission Members and Staff | For Contractors and the Public |
|---|---|
| Must follow established procedural and financial rules | Must participate in fair and transparent bidding processes |
| Ensure compliance with bond issuance and project approval rules | May challenge procurement decisions or seek remedies for contract disputes |
| Maintain open meetings and accurate records | Have access to information on public projects and expenditures |
| Manage projects with accountability and fiscal prudence | Benefit from efficient and transparent public facility development |
7. Summary Table
| Topic | OAC Section | Summary |
|---|---|---|
| Organization & Membership | 154-1 | Establishes structure, appointments, and roles |
| Powers & Duties | 154-2 | Bond issuance, project approval, and contracting powers |
| Project Approval | 154-3 | Procedures for submission, review, and approval |
| Contracting & Procurement | 154-4 | Competitive bidding and contract management rules |
| Financial Administration | 154-5 | Fund management, bond compliance, and reporting |
| Meetings & Records | 154-6 | Public meeting rules, record-keeping, and transparency |
8. Conclusion
Ohio Administrative Code Title 154 provides the regulatory foundation for the Ohio Public Facilities Commission to manage public infrastructure projects effectively, transparently, and responsibly. Supported by case law affirming its procedural and contractual authority, the OPFC operates under clear guidelines ensuring public trust and efficient use of public funds.
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