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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 72
2025-2026
Senators Hicks-Hudson, DeMora
Cosponsors: Senators Weinstein,
Smith, Craig
A
BILL
To
enact sections
2749.01
,
2749.02
,
2749.03
,
2749.04
,
2749.05
,
2749.06
,
2749.07
,
2749.08
,
2749.09
,
and
2749.10
of the Revised Code
regarding
filing false or fraudulent claims with the state and defrauding the
state of money or property.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections
2749.01
,
2749.02
,
2749.03
,
2749.04
,
2749.05
,
2749.06
,
2749.07
,
2749.08
,
2749.09
,
and
2749.10
of the Revised Code be enacted to read as follows:
Sec.
2749.01.
As
used in this chapter:
(A)
"Claim" includes any request or demand, whether under a
contract or otherwise, for money or property that is made to a
contractor, grantee, or other recipient if the state provides any
portion of the money or property that is requested or demanded or if
the state will reimburse the contractor, grantee, or other recipient
for any portion of the money or property that is requested or
demanded.
(B)
"Documentary material" includes the original or any copy of
any book, record, report, memorandum, paper, communication,
tabulation, chart, or other document, or data compilations stored in
or accessible through computer or other information retrieval
systems, together with instructions and all other materials necessary
to use or interpret the data compilations, and any product of
discovery.
(C)
"Knowing" and "knowingly" mean that a person,
with respect to information and with or without a specific intent to
defraud, meets at least one of the following criteria:
(1)
The person has actual knowledge of the information.
(2)
The person acts in deliberate ignorance of the truth or falsity of
the information.
(3)
The person acts in reckless disregard of the truth or falsity of the
information.
(D)
"Product of discovery" includes all of the following:
(1)
The original or duplicate of any deposition, interrogatory, document,
thing, result of the inspection of land or other property,
examination, or admission, that is obtained by any method of
discovery in any judicial or administrative proceeding of an
adversarial nature;
(2)
Any digest, analysis, selection, compilation, or derivation of any
item listed in division (D)(1) of this section;
(3)
Any index or other manner of access to any item listed in division
(D)(1) of this section.
Sec.
2749.02.
(A)
No person shall do any of the following:
(1)
Knowingly present, or cause to be presented, to an officer or
employee of the state or to the state a false or misleading claim for
payment or approval;
(2)
Knowingly make, use, or cause to be made or used a false record or
statement to get the state to pay or approve a false or misleading
claim;
(3)
Conspire to defraud the state by getting a false or fraudulent claim
allowed or paid;
(4)
Have possession, custody, or control of property or money used or to
be used by the state and, with intent to conceal the property or
money, deliver or cause to be delivered less property or money than
the amount for which the person receives a certificate or receipt;
(5)
With intent to defraud, make or deliver a document that certifies
receipt of property used by the state or to be used by the state and
that the person is authorized to make or deliver if the person does
not know that the information on the document is true;
(6)
Knowingly buy, or receive as a pledge of an obligation or debt,
public property from an officer or employee of the state who lawfully
may not sell or pledge the property;
(7)
Knowingly make, use, or cause to be made or used a false record or
statement to conceal, avoid, or decrease an obligation to pay or
transmit money or property to the state;
(8)
Knowingly solicit, receive, offer to pay, or pay a kickback, bribe,
rebate, or any other form of remuneration, directly or indirectly,
overtly or covertly, in cash or in kind, for referring an individual
to a health care provider or managed care organization or to a third
person for the purpose of referral of the individual by the third
person to a health care provider or managed care organization for
furnishing the individual with goods or services that may be paid
for, in whole or in part, by the medicaid program or by the bureau of
workers' compensation under Chapters 4121. or 4123. of the Revised
Code and rules adopted pursuant to those chapters.
(B)(1)
Except as provided in division (B)(2) of this section, whoever
violates division (A) of this section is liable to the state for a
civil penalty of not less than five thousand dollars and not more
than ten thousand dollars for each false or misleading claim, plus
three times the amount of damages that the state sustains because of
the violation.
(2)
Whoever violates division (A) of this section is liable to the state
for a civil penalty of not less than two times the amount of damages
that the state sustains because of the violation, plus the costs of a
civil action brought to recover any such penalty or damages, if the
court finds all of the following:
(a)
The person committing the violation furnished the attorney general
with all information known to the person about the violation within
thirty days after the date on which the person first obtained the
information.
(b)
The person fully cooperated with any state investigation of the
violation.
(c)
At the time the person furnished the attorney general with the
information about the violation, no criminal prosecution, civil
action, or administrative action had been commenced with respect to
the violation, and the person did not have actual knowledge of the
existence of an investigation into the violation.
(C)
Any information furnished as described in division (B)(2)(a), (b), or
(c) of this section is not a public record under and is exempt from
disclosure under section 149.43 of the Revised Code.
(D)
Commencement of an action or investigation under this chapter does
not preclude either of the following:
(1)
Commencement of an action under section 5164.35 of the Revised Code
with regard to claims, payments, reports, or documents to which
section 5164.35 of the Revised Code applies;
(2)
Commencement of any other action otherwise authorized by law.
Sec.
2749.03.
(A)
The attorney general diligently shall investigate violations of
section 2749.02 of the Revised Code. If the attorney general finds
that a person has violated or is violating that section, the attorney
general may bring a civil action under this section against the
person.
(B)(1)
A person may bring a civil action for a violation of section 2749.02
of the Revised Code on behalf of the person and on behalf of the
state. A person may not bring an action under this division against
the state or a political subdivision, any department, board, office,
commission, agency, institution, or other instrumentality of the
state or a political subdivision, or any officer or employee of the
state or a political subdivision. A person shall bring the action in
the name of the state.
(2)
A copy of the complaint and written disclosure of substantially all
material evidence and information the person possesses shall be
served on the attorney general pursuant to Civil Rule 4.2(J). The
complaint shall be filed in camera, shall remain under seal for at
least sixty days, and shall not be served on the defendant until the
court so orders. The state may elect to intervene and proceed with
the action within sixty days after it receives both the complaint and
the material evidence and information.
(3)
The state, for good cause shown, may file motions with the court
requesting extensions of the time during which the complaint remains
under seal, and the state may intervene under division (B)(2) of this
section. The motion may be supported by affidavits or other
submissions in camera. The defendant is not required to respond to
any complaint filed under this section until twenty-eight days after
the complaint is unsealed and served on the defendant pursuant to
Civil Rule 4.
(4)
Before the expiration of the sixty-day period under division (B)(2)
of this section or any extensions obtained under division (B)(3) of
this section, the state shall either proceed with the action or
notify the court that it declines to proceed with the action. If the
state proceeds with the action, the state shall conduct the action.
If the state declines to proceed with the action, the person bringing
the action has the right to conduct the action.
(5)
When a person brings an action under division (B)(1) of this section,
no person other than the state may intervene or bring a related
action based on the facts underlying that pending action.
(C)(1)
If the state proceeds with an action under division (B) of this
section, it has the primary responsibility for prosecuting the action
and is not bound by an action of the person bringing the action. The
person bringing the action has the right to continue as a party to
the action, subject to the limitations set forth in divisions (C)(2)
to (4) of this section.
(2)
The state may dismiss an action brought under division (B) of this
section notwithstanding the objections of the person initiating the
action if the state notifies the person of the filing of the motion
to dismiss and the court has provided the person with an opportunity
for a hearing on the motion.
(3)
The state may settle an action brought under division (B) of this
section with the defendant notwithstanding the objections of the
person initiating the action if the court determines, after a
hearing, that the proposed settlement is fair, adequate, and
reasonable under all the circumstances. On a showing of good cause,
the court may hold the hearing in camera.
(4)
On a showing by the state that unrestricted participation during the
course of the litigation by the person initiating the action would
interfere with or unduly delay the state's prosecution of the case or
would be repetitious, irrelevant, or for purposes of harassment, the
court, in its discretion, may impose limitations on the person's
participation, including all of the following:
(a)
Limiting the number of witnesses the person may call;
(b)
Limiting the length of the testimony of witnesses;
(c)
Limiting the person's cross-examination of witnesses;
(d)
Otherwise limiting the participation by the person in the litigation.
(5)
On a showing by the defendant that unrestricted participation during
the course of the litigation by the person initiating an action under
division (B) of this section would be for purposes of harassment or
would cause the defendant undue burden or unnecessary expense, the
court may limit participation by the person initiating the action in
the litigation.
(D)
If the state elects not to proceed with an action brought by a person
under division (B) of this section, the person has the right to
conduct the action. If the state so requests, it shall be served with
copies of all pleadings filed in the action and shall be supplied
with copies of all deposition transcripts at the state's expense.
When the person proceeds with the action, the court, without limiting
the status and rights of the person initiating the action, may
nevertheless permit the state to intervene at a later date on a
showing of good cause.
(E)
Whether or not the state proceeds with the action, on a showing by
the state that certain discovery by the person initiating the action
would interfere with the state's investigation or prosecution of a
criminal or civil matter arising out of the same facts, the court may
stay that discovery for a period of not more than sixty days. The
showing shall be conducted in camera. The court may extend the
sixty-day period on a further showing in camera that the state has
pursued the criminal or civil investigation or proceedings with
reasonable diligence and any proposed discovery in the civil action
will interfere with the ongoing criminal or civil investigation or
proceedings.
(F)
The state may elect to pursue its claim through any available means
other than an action brought under division (B) of this section,
including an administrative proceeding to determine a civil monetary
penalty. If an alternate remedy is pursued in another proceeding, the
person initiating the action has the same rights in that proceeding
as the person would have had if the action had continued under this
section. Any finding of fact or conclusion of law made in the other
proceeding that has become final is conclusive on all parties to an
action under this section. A finding or conclusion is final if it has
been finally determined on appeal to the appropriate court, if the
time for filing an appeal with respect to the finding or conclusion
has expired, or if the finding or conclusion is not subject to
judicial review.
(G)(1)
Except as provided in division (G)(1) of this section, if the state
proceeds with an action brought by a person under division (B) of
this section, the person shall receive at least fifteen per cent but
not more than twenty-five per cent of the proceeds of the action or
settlement of the claim, depending on the extent to which the person
substantially contributed to the prosecution of the action. If the
action is one that the court finds to be based primarily on
disclosures of specific information, other than information provided
by the person bringing the action, relating to allegations or
transactions in a criminal or civil hearing, in a legislative or
administrative report, hearing, audit, or investigation, or from the
news media, the court may award the sums that it considers
appropriate, but in no case more than ten per cent of the proceeds,
taking into account the significance of the information and the role
of the person bringing the action in advancing the case to
litigation. Any payment to a person under division (G)(1) of this
section shall be made from the proceeds. The person also shall
receive an amount for reasonable expenses that the court finds to
have been necessarily incurred, plus reasonable attorney's fees and
costs. All expenses, fees, and costs shall be awarded against the
defendant.
(2)
If the state does not proceed with an action brought by a person
under division (B) of this section, the person bringing the action or
settling the claim shall receive an amount that the court decides is
reasonable for collecting the civil penalty and damages. The amount
shall be not less than twenty-five per cent and not more than thirty
per cent of the proceeds of the action or settlement and shall be
paid out of the proceeds. The remainder of the proceeds shall be paid
to the state. The person also shall receive an amount for reasonable
expenses that the court finds to have been necessarily incurred, plus
reasonable attorney's fees and costs. All expenses, fees, and costs
shall be awarded against the defendant.
(3)
Whether or not the state proceeds with the action, if the court finds
that the action was brought by a person who planned and initiated the
violation of section 2749.02 of the Revised Code on which the action
was brought, then the court may, to the extent the court considers
appropriate, eliminate or reduce the share of the proceeds of the
action that the person would otherwise receive under division (G)(1)
or (2) of this section, taking into account the role of that person
in advancing the case to litigation and any relevant circumstances
pertaining to the violation. If the person bringing the action is
convicted of criminal conduct arising from the person's role in the
violation of section 2749.02 the Revised Code, the civil action shall
be dismissed. The dismissal does not prejudice the right of the state
to continue the action.
(4)
If the state does not proceed with the action and the person bringing
the action conducts the action, the court may award to the defendant
its reasonable attorney's fees and expenses if the defendant prevails
in the action and the court finds that the claim of the person
bringing the action was clearly frivolous, clearly vexatious, or
brought primarily for purposes of harassment.
(H)(1)
In no event may a person bring an action under division (B) of this
section that is based on allegations or transactions that are the
subject of a civil suit or an administrative civil money penalty
proceeding in which the state is already a party.
(2)
In no event may a person bring an action under this section based on
the public disclosure of allegations or transactions in a criminal,
civil, legislative, or administrative hearing, report, audit, or
investigation, or from the news media, unless the person bringing the
action has direct and independent knowledge of the information on
which the allegations are based and has voluntarily provided the
information to the state before filing an action based on the
information under this section. This division does not apply to the
bringing of an action by the state.
(I)
The state is not liable for expenses that a person incurs in bringing
an action under this section.
(J)
Any employee who is discharged, demoted, suspended, threatened,
harassed, or in any other manner discriminated against in the terms
and conditions of employment by the employee's employer because of
lawful acts done by the employee on behalf of the employee or others
in furtherance of an action under this section, including
investigation for, initiation of, testimony for, or assistance in an
action filed or to be filed under this section, is entitled to all
relief necessary to make the employee whole. The relief includes
reinstatement with the same seniority status the employee would have
had but for the discrimination, two times the amount of back pay,
interest on the back pay, and compensation for any special damages
sustained as a result of the discrimination, including litigation
costs and reasonable attorney's fees. An employee may bring an action
in the appropriate court of common pleas for the relief provided in
this division.
Sec.
2749.04.
(A)
A subpoena requiring the attendance of a witness at a trial or
hearing conducted under section 2749.03 of the Revised Code may be
served pursuant to Civil Rule 45.
(B)
A civil action under section 2749.03 of the Revised Code may not be
brought after the later of the date that is six years after the date
on which the violation of section 2749.02 of the Revised Code is
committed or three years after the date when facts material to the
right of action are known or reasonably should have been known by the
attorney general.
(C)
In any action brought under section 2749.03 of the Revised Code, the
state or, if the state elects to not proceed with the action, the
person bringing the action, shall prove all essential elements of the
cause of action, including damages, by a preponderance of the
evidence.
(D)
A final judgment rendered in favor of the state in any criminal
proceeding charging fraud or false statements, whether on a verdict
after trial or on a plea of guilty or nolo contendere, estops the
defendant from denying the essential elements of the offense in any
action that involves the same transaction as in the criminal
proceeding and that is brought under division (A) or (B) of section
2749.03 of the Revised Code.
Sec.
2749.05.
(A)
Except as provided in division (B) of this section, an action under
section 2749.03 of the Revised Code may be brought in the court of
common pleas of Franklin county or of any county in which the
defendant or, in the case of multiple defendants, any one defendant
can be found, resides, or transacts business, or in which any act
prohibited by section 2749.02 of the Revised Code occurred.
(B)
A civil action under section 2749.03 of the Revised Code against an
officer or employee of the state is subject to section 9.86 of the
Revised Code and division (F) of section 2743.02 of the Revised Code.
Sec.
2749.06.
(A)
Whenever the attorney general has reason to believe that a person may
be in possession, custody, or control of any documentary material or
information relevant to an investigation conducted under section
2749.03 of the Revised Code, the attorney general may, before
commencing a civil proceeding under that section, issue in writing
and cause to be served on the person a civil investigative demand
requiring the person to do any of the following:
(1)
Produce the documentary material for inspection and copying in
accordance with section 2749.07 of the Revised Code;
(2)
Answer in writing written interrogatories with respect to the
documentary material or information in accordance with section
2749.08 of the Revised Code;
(3)
Give oral testimony concerning the documentary material or
information in accordance with section 2749.09 of the Revised Code;
(4)
Furnish any combination of the material, answers, or testimony.
(B)
Each civil investigative demand issued under this section shall state
the nature of the conduct constituting the alleged violation of
section 2749.02 of the Revised Code that is under investigation.
(C)
A civil investigative demand may not require the production of any
documentary material, the submission of any answers to written
interrogatories, or the giving of any oral testimony if the material,
answers, or testimony would be protected from disclosure under either
of the following:
(1)
The standards applicable to subpoenas or subpoenas duces tecum issued
by a court to aid in a grand jury investigation;
(2)
The standards applicable to discovery requests under the Rules of
Civil Procedure, to the extent that the application of the standards
to the demand is appropriate and consistent with the provisions and
purposes of this section.
(D)
Whenever any person fails to comply with any civil investigative
demand issued under this section, or whenever satisfactory copying or
reproduction of any material requested in the demand cannot be done
and the person refuses to surrender the material, the attorney
general may file in the court of common pleas in Franklin county or
in the county in which the person resides, is found, or transacts
business, and serve upon the person, a petition for an order of the
court for the enforcement of the civil investigative demand.
(E)
Any civil investigative demand issued under division (A) of this
section or petition filed under division (D) of this section may be
served in the same manner as a summons under Civil Rules 4 to 4.3 and
4.5. A verified return by the individual serving a civil
investigative demand or petition setting forth the manner of the
service is proof of the service. In the case of service by registered
or certified mail, the return shall be accompanied by the return post
office receipt of delivery of the demand.
Sec.
2749.07.
(A)
If the attorney general demands the production of documentary
material under section 2749.06 of the Revised Code, the attorney
general shall do both of the following:
(1)
Describe each class of documentary material to be produced with such
definiteness and certainty as to permit the material to be fairly
identified;
(2)
Prescribe a return date for each class of documentary material that
will provide a reasonable period of time within which the material
may be assembled and made available for inspection and copying.
(B)
The production of documentary material in response to a civil
investigative demand shall be made under a sworn certificate, in any
form that the demand designates, by the following methods:
(1)
In the case of a natural person, the person to whom the demand is
directed;
(2)
In the case of a person other than a natural person, a person having
knowledge of the facts and circumstances relating to the production
and authorized to act on behalf of the person.
(C)
The certificate shall state that all of the documentary material
required by the demand and in the possession, custody, or control of
the person to whom the demand is directed has been produced and made
available to the attorney general.
(D)
Any person on whom any civil investigative demand for the production
of documentary material has been served shall make the material
available for inspection and copying to the attorney general at the
principal place of business of the person or at any other place that
the attorney general and the person after service of the demand may
agree and prescribe in writing. The person shall make the material
available on the return date specified in the demand, or on any later
date that the attorney general may prescribe in writing. The person
may, on written agreement between the person and the attorney
general, substitute copies for originals of all or any part of the
material.
Sec.
2749.08.
(A)
If the attorney general demands answers to written interrogatories
under section 2749.06 of the Revised Code, the attorney general shall
do both of the following:
(1)
Set forth with specificity the written interrogatories to be
answered;
(2)
Prescribe dates at which time answers to the written interrogatories
must be submitted.
(B)
Each interrogatory in a civil investigative demand shall be answered
separately and fully in writing under oath and shall be submitted
under a sworn certificate, in the form that the demand designates, by
the following persons:
(1)
In the case of a natural person, the person to whom the demand is
directed;
(2)
In the case of a person other than a natural person, the person or
persons responsible for answering each interrogatory.
(C)
If any interrogatory is objected to, the reasons for the objection
shall be stated in the certificate instead of an answer. The
certificate shall state that all information required by the demand
and in the possession, custody, control, or knowledge of the person
to whom the demand is directed has been submitted. To the extent that
any information is not furnished, the information shall be identified
and reasons set forth with particularity regarding the reasons why
the information was not furnished.
Sec.
2749.09.
(A)
If the attorney general demands the giving of oral testimony under
section 2749.06 of the Revised Code, the attorney general shall do
all of the following:
(1)
Prescribe a date, time, and place at which oral testimony will
commence;
(2)
Specify that the attendance and testimony are necessary to the
conduct of the investigation;
(3)
Notify the person receiving the demand of the right to be accompanied
by an attorney and any other representative;
(4)
Describe the general purpose for which the demand is being issued and
the general nature of the testimony, including the primary areas of
inquiry, that will be taken pursuant to the demand.
(B)
The date prescribed for the commencement of oral testimony shall be a
date that is not less than seven days after the date on which the
demand is received, unless the attorney general determines that
exceptional circumstances are present that warrant the commencement
of the testimony within a lesser period of time.
(C)
The attorney general shall not issue more than one civil
investigative demand for oral testimony by the same person unless the
person requests otherwise or unless the attorney general, after
investigation, notifies the person in writing that an additional
demand for oral testimony is necessary.
(D)
The examination of any person pursuant to a civil investigative
demand for oral testimony shall be taken before an officer authorized
by law to administer oaths and affirmations. The officer before whom
the testimony is to be taken shall put the witness on oath or
affirmation and shall, personally or by someone acting under the
direction of the officer and in the officer's presence, record the
testimony of the witness. The testimony shall be taken
stenographically or otherwise recorded in accordance with the Rules
of Civil Procedure and shall be transcribed. When the testimony is
fully transcribed, the officer before whom the testimony is taken
shall promptly transmit a copy of the transcript of the testimony to
the attorney general. This section does not preclude the taking of
testimony by any means authorized by, and in a manner consistent
with, the Rules of Civil Procedure.
(E)
The attorney general shall exclude from the place where the
examination is held all persons except the person giving the
testimony, the attorney for and any other representative of the
person giving the testimony, any person who may be agreed on by the
attorney general and the person giving the testimony, the officer
before whom the testimony is to be taken, and any stenographer or
other person recording the testimony.
The
oral testimony of any person shall be taken in Franklin county or in
the county within which the person resides, is found, or transacts
business, or in any other place that may be agreed on by the attorney
general and the person.
(F)
When the testimony is fully transcribed, the attorney general or the
officer before whom the testimony is taken shall afford the witness,
who may be accompanied by counsel, a reasonable opportunity to
examine and read the transcript, unless examination and reading are
waived by the witness. Any changes in form or substance that the
witness desires to make shall be entered and identified on the
transcript by the officer or the attorney general, with a statement
of the reasons given by the witness for making the changes. The
transcript shall then be signed by the witness, unless the witness
waives the signing in writing, is ill, cannot be found, or refuses to
sign. If the transcript is not signed by the witness within thirty
days after being afforded a reasonable opportunity to examine it, the
officer or the attorney general shall sign it and state on the record
the fact of the waiver, illness, absence of the witness, or the
refusal to sign, together with the reasons, if any, given therefor.
The
officer before whom the testimony is taken shall certify on the
transcript that the witness was sworn by the officer and that the
transcript is a true record of the testimony given by the witness,
and the officer or attorney general shall take custody of the
transcript.
(G)
Any person compelled to appear for oral testimony under a civil
investigative demand may be accompanied, represented, and advised by
counsel. Counsel may advise the person, in confidence, with respect
to any question asked of the person. The person or counsel may object
on the record to any question, in whole or in part, and shall briefly
state for the record the reason for the objection. An objection may
be made, received, and entered on the record when it is claimed that
the person is entitled to refuse to answer the question on the
grounds of any constitutional or other legal right or privilege,
including the privilege against self-incrimination. The person may
not otherwise object to or refuse to answer any question, and may not
directly or through counsel otherwise interrupt the oral examination.
If the person refuses to answer any question, a petition may be filed
in the court of common pleas in Franklin county or in the county in
which the examination takes place for an order compelling the person
to answer the question.
If
the person refuses to answer any question on the grounds of the
privilege against self-incrimination, the testimony of the person may
be compelled in the manner provided in section 2945.44 of the Revised
Code.
(H)
Any person appearing for oral testimony under a civil investigative
demand is entitled to the same fees and allowances that are paid to
witnesses in the court of common pleas.
Sec.
2749.10.
(A)
Except as provided in this division, documentary material, answers to
interrogatories, or transcripts of oral testimony received under
section 2749.06 of the Revised Code, or copies of documentary
material, answers to interrogatories, or transcripts of oral
testimony so received, while in the possession of the attorney
general, are not available for examination by any individual other
than an employee of the attorney general. This prohibition on the
availability of material, answers, or transcripts does not apply if
the person who produced the material, answers, or transcripts gives
consent. Nothing in this division is intended to prevent disclosure
to the general assembly, including any committee or subcommittee of
the general assembly, to any other state agency for use by the agency
in furtherance of its statutory responsibilities, or to any law
enforcement officer for use in the furtherance of the law enforcement
officer's duties. Disclosure of information to any agency other than
those specified in this division shall be allowed only on
application, made by the attorney general to a court of common pleas
showing substantial need for the use of the information by the agency
in furtherance of its statutory responsibilities.
(B)
While in the possession of the attorney general and under any
reasonable terms and conditions that the attorney general prescribes,
documentary material and answers to interrogatories received under
section 2749.06 of the Revised Code shall be available for
examination by the person who produced the material or answers, or by
a representative of that person authorized by that person to examine
the material and answers.
The
attorney general may use any documentary material, answers to
interrogatories, or transcripts of oral testimony received under
section 2749.06 of the Revised Code in connection with any case or
proceeding before a court, grand jury, or state agency.
(C)
If any documentary material has been produced by any person in the
course of any investigation pursuant to a civil investigative demand
under section 2749.06 of the Revised Code, the attorney general
shall, on written request of the person who produced the material,
return to the person the documentary material, other than copies
furnished to the attorney general under division (D) of section
2749.07 of the Revised Code or made for the attorney general under
division (B) of this section, that has not passed into the control of
any court, grand jury, or agency through introduction into the record
of the case or proceeding, or into the control of any law enforcement
officer, if either of the following applies:
(1)
Any case or proceeding before the court or grand jury arising out of
the investigation, or any proceeding before any state agency
involving the material, has been completed.
(2)
No case or proceeding in which the material may be used has been
commenced within a reasonable time after completion of the
examination and analysis of all documentary material and other
information assembled in the course of the investigation.
(D)
Documentary material, answers to written interrogatories, and oral
testimony provided under a civil investigative demand issued under
section 2749.06 of the Revised Code are not public records and are
exempt from disclosure under section 149.43 of the Revised Code.