Section 205.01 Board of Control

A. Board of Control Established

1. Establishment: There is, hereby, created the Cuyahoga County Board of Control, consisting of seven members identified as follows:
   a. The Cuyahoga County Executive,
   b. The Fiscal Officer,
   c. The Director of Public Works,
   d. The Director of the Department of Purchasing, and
   e. Three members of Cuyahoga County Council, appointed by the President of Council, immediately following each Organizational Meeting of Cuyahoga County Council, who shall serve until their successors are appointed.
2. Jurisdiction: The Board of Control shall have jurisdiction to review, approve, or deny all of the following:
   a. Any contract, contract amendment, change order, purchase, sale, lease, grant, loan, exemption, procedure, or any other action that requires approval by the Board of Control pursuant to Chapter 501 of Cuyahoga County Code or any other County Code provisions.
   b. Any other contract, contract amendment, change order, purchase, sale, lease, grant, loan, exemption, procedure, or other action that does not otherwise require approval by the County Council or Board of Control, but the County Executive determines to submit to the Board of Control for its consideration, review, and approval or denial.
   c. Any other contract, purchase, sale, lease, grant made by the County, loan made by the County, or any procedure within the process of completing any such contract, purchase, sale, lease, grant, or loan for which the County Council, by Resolution or Ordinance of Council, requires approval of the Board of Control.

B. County Council Vacancies: Whenever any of the three positions on the Board of Control held by members of County Council becomes vacant, the President of County Council shall appoint another member of County Council to fill the position for the remainder of the term.

C. Executive Branch Alternates: For each of the four executive branch members of the Board of Control, the County Executive shall appoint two alternates, one of whom shall attend meetings of the Board of Control whenever that member is unable to do so. Only employees of Cuyahoga County may be appointed as alternates on the Board of Control. Each alternate appointed shall, according to the County Executive's best judgment, have the greatest responsibility and most knowledge in the area(s) of primary responsibility of the person that the alternate replaces. Alternates shall serve at the pleasure of the County Executive, and the County Executive shall appoint a new alternate in the same way as the original designation whenever an alternate position becomes vacant. Appointments of alternates by the County Executive shall not be subject to confirmation by County Council.

D. Council Alternates: At the same time that the President of Council appoints members to the Board of Control, the President of Council shall appoint at least three alternates who shall serve as a pool of alternates if any of the Council members are unavailable. Alternates shall be members or employees of County Council and shall serve until their successors are designated. The President of Council shall in the same way appoint an alternate for the remainder of the term whenever an alternate position becomes vacant.

E. Alternate Have Full Rights: Any properly appointed alternate shall have all the rights and responsibilities of a member of the Board of Control when attending a meeting on behalf of a member.

F. Officers: The County Executive shall serve as Chairperson of the Board of Control, and the Fiscal Officer shall serve as Vice Chairperson. If both the Executive and the Fiscal Officer are absent from any meeting, the Board of Control shall choose one of its members to chair that meeting. For the purposes of this section, County Executive and Fiscal Office shall include their alternates.

G. No Additional Compensation, Collective Action, and Conflicts of Interest:

1. No compensation in addition to a person's regular compensation as an employee of Cuyahoga County shall be provided for service on the Board of Control.
2. The Board of Control is a board created by law, and its members act collectively, and in their official capacities, in the award of contracts and in taking any other action. It shall not be a conflict of interest for a Board member, including the County Executive or a director of a department or an office, to advocate before the Board, deliberate on, or vote for or against a contract or any other item involving his or her department or office. It also shall not be a conflict of interest for a Council Board member to advocate before the Board, deliberate on, or vote for or against a contract within his or her District or involving a purchase by the County Council.

H. Clerk of the Board of Control: The County Executive shall designate one staff person, who shall be the Clerk of the Board of Control, who shall publish agendas and meeting notices and record and publish minutes.

I. Weekly Meetings: The Board of Control shall meet weekly, at a regular time determined by the Board of Control.

J. Quorum: A quorum for the Board of Control shall consist of four (4) members attending personally or through their alternates.

K. Vote Required for Board of Control Actions: Except as provided in Section 501.04(A)(1)(g) of the County Code, a motion to approve or disapprove any item before the Board of Control shall require the affirmative vote of any four (4) or more members. Amendments to items before the Board of Control and parliamentary motions may be adopted by a majority of those present, provided that a quorum is present.

L. Rules of Procedure:

1. The Board of Control shall, consistent with the provisions of this Section 205.01, adopt its own rules of procedure.
2. Should any conflict arise between the rules of procedure of the Board of Control and the County Code, the requirements of County Code shall prevail.
3. The rules of the Board of Control may include procedures for the approval or preapproval of time sensitive, mission critical purchases not to exceed $25,000.00 for any one time sensitive, mission critical purchase item.
4. Nothing in this Section shall be interpreted to prohibit the Board of Control from utilizing consent agendas.

M. Public Participation: All meetings of the Board of Control shall be open to the public and shall begin by providing time for public comment on matters that are on the agenda for that day. The Board of Control shall also provide time for public comment, either at that time or later in the meeting, on matters that may come before the Board of Control in the future. The Board of Control may also require presenters to register with the Board of Control before speaking and may set a time limit on presentations, which may be extended at the discretion of the Chairperson.

N. Agendas: The Clerk of the Board of Control shall publish the notice and agenda for each meeting on the county's website, post them at its office, and send them by electronic mail to each member of County Council no later than 6:00 p.m. on the second business day before the meeting. For each proposed contract to be considered, the agenda shall list the type of contract, a summary of the scope of work, the anticipated costs, the expected schedule of payments by fiscal year, the source(s) of funding, the anticipated start date, and the vendor's name. For agenda items other than contracts, the Board of Control shall specify in its rules what documentation shall be submitted with the request.

O. Special Meetings: The Board of Control may conduct a special meeting at a time other than its regularly scheduled time. In the event of an emergency, as determined by the County Executive in his or her discretion, or when the County Executive determines that it is advantageous to the County to have a special meeting, the Board of Control may conduct a meeting with less notice than that required by Section 205.01(N) of the County Code. For any special or emergency meeting, in addition to the notice requirements of Section 205.01(N), the Board of Control shall also send notice to all news media organizations that request to be notified of such meetings. A meeting may be conducted with less than 24 hours notice only to respond to an emergency concerning which immediate official action is required, and the notice and agenda shall state the nature of the emergency requiring such action.

P. Minutes: The Clerk of the Board of Control shall promptly prepare and publish the minutes of each meeting of the Board of Control on the county's website, which shall in no case occur later than one week after each meeting.

Q. Executive Session: Notwithstanding the requirement in Section 205.01(M) for open meetings, the Board of Control may go into Executive Session, only to discuss one or more of the topics permitted to be discussed in Executive Session pursuant to the Ohio Open Meetings Act or any other general law permitting such Executive Session. The published agenda for any meeting at which the Board of Control goes into Executive Session must include notice of the intent to go into Executive Session and a general description of the subject matter to be discussed. Prior to going into Executive Session, the Board of Control must approve a motion to go into Executive Session. That motion must be approved by a majority of members present by roll call vote, with a quorum being present, and the motion shall state the topic(s) to be discussed in Executive Session and that no other topics may be discussed.

R. Journal: The Clerk of the Board of Control shall maintain a Journal of the Board of Control, which shall be posted on the county's website and maintained as a permanent file, which may be in an electronic format. The Journal shall include the notice, agenda, and minutes of all Board of Control meetings.

S. Public Meetings and Public Records: The Board of Control shall be subject to all state and county laws concerning public meetings and public records.

T. Deadline for Agenda Items: The Clerk of the Board of Control, in consultation with the Fiscal Officer, the Director of Public Works, and the Director of the Department of Purchasing, may set a deadline for the submission of items for the agenda by county departments for each meeting.

U. Consideration of Items Not on the Agenda: The Board of Control may, by 2/3 vote of members present, with a quorum being present, allow consideration of items not on the agenda or items submitted after the deadline for submission of items established by the Clerk of the Board of Control.

(Ordinance Nos. O2021-0008, Enacted 5/25/2021, Effective 5/25/2021; O2015-0006, Enacted 4/28/2015, Effective 4/29/2015; O2011-0030, Enacted 7/26/2011, Effective 7/29/2011; O2011-0014, Enacted 4/26/2011, Effective 5/3/2011)

Section 205.03 Board of Revision

Section 205.04 Cuyahoga County Emergency Services Advisory Board (CCESAB)

Section 205.05 Regional Enterprise Data Sharing System (REDSS)

Section 205.06 The Cuyahoga County Debarment Review Board

A. Establishment: There is hereby established the Cuyahoga County Debarment Review Board. It shall consist of the following five members:

1. A Chair appointed by the County Executive and confirmed by Council. The Chair shall be an elector of the County, shall be an attorney at law in good standing in the State of Ohio, and shall have at least five years' cumulative experience in either litigation or appellate practice. The term of this person shall be for three years. The initial three year term shall be appointed for a term commencing July 1, 2014 and expiring on June 30, 2017;
2. A member of the Cuyahoga County Council appointed by the Council President as soon as practicable after the enactment of Section 205.06(A)(2) of the County Code and immediately following each organizational meeting of the Cuyahoga County Council, who shall serve until his or her successor is appointed; and
3. Three residents of Cuyahoga County appointed by the County Executive and confirmed by the Cuyahoga County Council. None of these members may be an employee of Cuyahoga County while serving on the Board. These three members shall be attorneys-at-law in good standing in the State of Ohio. Subject to Council’s approval, the County Executive may remove any of these three members for inefficiency, neglect of duty, malfeasance, or if they no longer qualify to serve on the Board. The term of each member shall be five years, and the terms shall be staggered so that no term expires less than one year of the expiration of any other term. No member shall serve more than two consecutive terms. Of the terms for the initial appointees, one shall be appointed for a term of five years commencing on February 1, 2013, and expiring on January 31, 2018, one shall be appointed for a term of four years commencing on February 1, 2013, and expiring on January 31, 2017, and one shall be appointed for a term of three years commencing on February 1, 2013, and expiring on January 31, 2016. All subsequent terms shall commence on February 1st of the year in which the term expires. If a vacancy occurs for any unexpired term, the vacancy shall be filled in the same manner as a regular appointment through appointment by the County Executive subject to Council’s confirmation, and the new member’s term shall last through the end of the unexpired term for which he or she is appointed.

B. Jurisdiction: The Cuyahoga County Debarment Review Board shall review and determine—including the powers to affirm, reverse, modify, or remand—any matters that are submitted for its consideration pursuant to the Cuyahoga County Code. Notwithstanding Section 505.03 of this Code, the Board shall have the discretion to modify the expiration date of any individual debarment period as the Board deems appropriate; provided however that no single debarment period shall exceed five years.

C. Alternates: The County officials serving on the Cuyahoga County Debarment Review Board shall have alternates appointed as follows:

1. The Debarment Review Board shall appoint one alternate who meets the qualifications set forth in Section 205.06(A)(1) of the Cuyahoga County Code to act in the place of the Chair on the Debarment Review Board and attend meetings, with full voting rights, if the Chair is unavailable or has a conflict of interest on a matter pending before the Board.
2. The Council President shall appoint two Council members to serve as a pool of alternates to act in the place of the appointed Council member on the Debarment Review Board and attend meetings, with full voting rights, if the appointed Council member is unavailable or has a conflict of interest on a matter pending before the Board.

D. Officers: If the Chair is absent from any meeting, the Board shall choose one of its members to chair that meeting. For purposes of this section, the Chair shall include his or her alternate.

E. Compensation: All members of the Board shall serve without compensation.

F. Clerk of the Debarment Review Board: The County Executive shall designate a staff person to serve as the Clerk of the Debarment Review Board. The Clerk shall be responsible for publishing the agendas and meeting notices and shall record and publish the minutes.

G. Agendas and Meeting Notices: The Clerk of the Debarment Review Board shall publish the notice and agenda for each Board meeting on the County’s web site no later than 6:00 p.m. on the second business day before the Board meeting. The Board may amend the agenda and may also consider items not on the agenda by a vote of a majority of the members present either personally or through their alternates.

H. Regular Meetings: The Debarment Review Board shall schedule regular meetings to take place at least once every two months at a determined time by the Board. If no business is pending before the Board, the Clerk of the Board may cancel any regular meeting for lack of sufficient business pending before the Board by publishing the cancellation notice on the County’s web site.

I. Special Meetings: The Debarment Review Board may conduct special meetings at a time other than its regularly scheduled meeting times. In the event of an emergency as determined by the Chair, the Board may conduct a meeting with less notice than that required under Section 205.06(G) herein. For any special or emergency meeting, in addition to the notice requirements of Section 205.06(G), the Clerk of the Board shall also send notice to all news media organizations that request to be notified of such meetings.

J. Public Meetings: The meetings of the Debarment Review Board shall be open to the public. The Board shall also provide an opportunity for public comment on matters before the Board toward the beginning of the meeting. The Board may require presenters to register with the Board before speaking and may set time limits on presentations, which may be extended at the discretion of the Chair.

K. Executive Sessions: The Debarment Review Board may go into executive session to discuss and consider matters permitted to be discussed or considered in executive sessions under the Ohio Open Meetings Act. A motion to go into executive session must state the topic(s) of the executive session and approved by a majority of the members present through a roll call vote.

L. Minutes: The Clerk of the Debarment Review Board shall prepare and publish the minutes of each Board meeting on the County’s web site within a week of their approval.

M. Journal: The Clerk of the Debarment Review Board shall maintain a Journal of the Board, containing the notices, agendas, and minutes of all Board meetings. The journal may be maintained electronically through an electronic system.

N. Quorum: A quorum of the Debarment Review Board shall consist of three members attending personally or through their alternates.

O. Vote Required for Board Actions: Board action shall require the affirmative vote of any three members attending personally or through their alternates. Amendments to items before the Board and parliamentary motions may be adopted by a majority of those present, provided that a quorum is present.

P. Rules of Procedure: The Debarment Review Board may adopt its own Rules of Procedure.

(Ordinance Nos. O2016-0010, Enacted 6/28/2016, Effective 7/1/2016; O2015-0016, Enacted 12/8/2015, Effective 12/10/2015; O2014-0031, Enacted 4/28/2015, Effective 4/29/2015; O2014-0010, Enacted 6/10/2014, Effective 6/16/2014; O2012-0026, Enacted 12/11/2012, Effective 12/13/2012)

Section 205.07 Cuyahoga County Solid Waste Management District Board

A. The Board of the Cuyahoga County Solid Waste Management District shall be composed of the County Executive, a member of Council appointed by the President of Council, and the Director of Public Works.

B. Each member of the Board of the Solid Waste Management District shall have an alternate who may attend board meetings and act in place of the board member as follows:

1. The County Executive shall designate an alternate from the Office of the County Executive to act in his or her place on the Board of the Solid Waste Management District and attend board meetings, with full voting rights, if the Executive is unavailable;
2. The Director of Public Works shall designate an alternate from the Department of Public Works to act in his or her place on the Board of the Solid Waste Management District and attend board meetings, with full voting rights, if the Director is unavailable; and
3. The President of Council shall appoint two members of Council to serve as a pool of alternates to act in place of the Council board member on the Board of the Solid Waste Management District and attend board meetings, with full voting rights, if the member is unavailable.

C. The Board of the Solid Waste Management District shall continue to govern the operations of the District, including, but not limited to, having the final approval authority over its contracts.

(Ordinance No. O2012-0021, Enacted 8/14/2012, Effective 8/20/2012)

Section 205.08 Reserved.

Section 205.09 Administrative Rules Board

A. Establishment.

1. Establishment: There is hereby established the Cuyahoga County Administrative Rules Board. It shall consist of the following five members:
   a. The Director of Law;
   b. The Director of Budget and Management;
   c. The Deputy Law Director in charge of Risk Management; and
   d. Two attorneys employed by the county appointed by the Director of Law for one-year terms. The Director of Law shall ensure that the two attorneys selected for these appointments have diverse legal experiences, such as differing practice areas.
2. Jurisdiction: The Administrative Rules Board shall perform all functions assigned to it in the Cuyahoga County Code.

B. Alternates. Alternates on the Administrative Rules Board shall be appointed as follows:

1. The Director of Law shall appoint a Deputy or other high-level attorney from the Department of Law to attend meetings of the Board as an alternate if he or she is unable to attend a meeting.
2. The Director of Budget and Management shall appoint an alternate from within the Office of Budget and Management to attend meetings if he or she is unable to attend a meeting.
3. The Director of Law shall appoint an attorney to attend meetings of the Board as an alternate if the Deputy Law Director in charge of Risk Management is unable to attend a meeting.
4. The Director of Law shall appoint an alternate for each appointed-attorney member of the Board. The appointment of alternates shall not disturb the legal-experience diversity on the Board.

C. Alternates Have Full Rights. Any properly appointed alternate shall have all the rights and responsibilities of a member of the Administrative Rules Board when attending a meeting on behalf of a member.

D. Officers. The Director of Law shall serve as Chairperson of the Administrative Rules Board. If the Director of Law is absent from any meeting, the Board shall choose one of its members to chair that meeting. For purposes of this section, the Director of Law shall include his or her alternates.

E. No Additional Compensation, Collective Action, and Conflicts of Interest.

1. The members of the Administrative Rules Board shall not receive compensation for their service on the Board. Members of the Board shall be entitled to reimbursement of reasonable and necessary expenses incurred by them in the exercise of their duties as approved by the Director of Law from the Law Department’s budget.
2. The Administrative Rules Board is a board created by law, and its members act collectively in their official capacities. It shall not be a conflict of interest for a Board member to advocate, deliberate, or vote on a matter affecting their respective department, board, agency, commission, office, or the authority.

F. Clerk of the Administrative Rules Board. The County Executive shall designate a staff person to serve as the Clerk of Administrative Rules Board. The Clerk shall be responsible for publishing the agendas and meeting notices and shall record and publish the minutes.

G. Agendas and Meeting Notices. The Clerk of the Administrative Rules Board shall publish the notice and agenda for each Board meeting on the County’s web site no later than 6:00 p.m. on the second business day before the Board meeting. The Board may amend the agenda and may also consider items not on the agenda by a vote of a majority of the members present either personally or through their alternates.

H. Regular Meetings. The Administrative Rules Board shall schedule regular meetings to take place at least once a week for the first year of its operations and then at least once every two weeks thereafter. If no business is pending before the Board, the Director of Law may instruct the Clerk of the Board to cancel any regular meeting for lack of sufficient business pending before the Board by publishing the cancellation notice on the County’s web site.

I. Special Meetings. The Administrative Rules Board may conduct special meetings at a time other than its regularly scheduled meeting times. In the event of an emergency as determined by the Director of Law, the Board may conduct a meeting with less notice than that required under paragraph G herein. For any special or emergency meeting, in addition to the notice requirements of paragraph G, the Clerk of the Board shall also send notice to all news media organizations that request to be notified of such meetings.

J. Public Meetings. The meetings of the Administrative Rules Board shall be open to the public. The Board shall also provide an opportunity for public comment on matters before the Board toward the beginning of the meeting. The Board may require presenters to register with the Board before speaking and may set time limits on presentations, which may be extended at the discretion of the Chairperson.

K. Executive Sessions. The Administrative Rules Board may go into executive session to discuss and consider matters permitted to be discussed or considered in executive sessions under the Ohio Open Meetings Act. A motion to go into executive session must state the topic(s) of the executive session and approved by a majority of the members present through a roll call vote.

L. Minutes. The Clerk of the Administrative Rules Board shall prepare and publish the minutes of each Board meeting on the County’s web site within a week of their approval.

M. Journal. The Clerk of the Administrative Rules Board shall maintain a Journal of the Board, containing the notices, agendas, and minutes of all Board meetings. The journal may be maintained electronically.

N. Quorum. A quorum of the Administrative Rules Board shall consist of three members attending personally or through their alternates.

O. Vote Required for Board Actions. Board action shall require the affirmative vote of any three members attending personally or through their alternates. Amendments to items before the Board and parliamentary motions may be adopted by a majority of those present, provided that a quorum is present.

P. Rules of Procedure. The Administrative Rules Board shall adopt its own Rules of Procedure, which shall include the deadlines for submission of requests to the Board and time deadlines for submission of written commentary on requests submitted for the Board’s approval. The minimum deadline for public commentary must not be less than seven days.

(Ordinance No. O2014-0032, Enacted 1/27/2015, Effective 1/29/2015)

Section 205.10 Division of Children and Family Services Advisory Board

Section 205.11 Administrative Appeals Board

A. Establishment, Purpose, and Independence.

1. Establishment. The Cuyahoga County Administrative Appeals Board ("Board") is hereby established as an independent adjudicatory body to hear appeals from administrative enforcement actions of County departments and agencies as designated by this Code or other ordinance.
2. Purpose. The Board shall provide fair, impartial, and expeditious review of administrative enforcement actions while ensuring due process protections.
3. Independence:
   1. The Board shall not be housed within, report through, or be subject to the supervisory or budgetary authority of, any department subject to its jurisdiction.
   2. The Board's budget shall be subject to appropriation by County Council under the Charter's budgetary procedure.
   3. No County official or employee shall attempt to influence the decision of the Board in any pending matter, except through proper participation in proceedings. Any such attempt shall be documented in the record and may constitute grounds for sanctions or dismissal of the enforcement action.
   4. Anti-Retaliation. No Board member shall be subject to adverse action, budget reduction, office relocation, or other retaliation for decisions rendered in the exercise of adjudicatory duties. Any credible allegation of retaliation shall be investigated by the County Agency of Inspector General and reported to the Council.
4. Procedural Standards. The Board's appellate procedures are designed to generally align with the procedural protections afforded by ORC Chapter 119 and to produce a record adequate for full judicial review under ORC Chapter 2506. The Board shall afford all parties the minimum procedural protections required by the Due Process Clauses of Article I, Sections 1 and 16 of the Ohio Constitution and the Fourteenth Amendment to the United States Constitution, including ensuring adequate notice of the alleged violations and evidence, a meaningful opportunity to be heard before an impartial decision maker, the right to present evidence and cross-examine adverse witnesses, and a written decision supported by findings of fact and a plain statement of the legal basis for the decision.

B. Definitions. As used in Section 205.11:

1. "Administrative Enforcement Action" means any enforcement proceeding initiated by a department or agency subject to the Board's jurisdiction that may result in a Final Order imposing penalties, requiring corrective action, or otherwise affecting the rights or obligations of a respondent.
2. "Appellant" means any individual, corporation, partnership, association, or other legal entity that is the subject of a Final Order of an Administrative Enforcement Action and that files a timely notice of appeal under Section 205.11(E).
3. "Board" means the Cuyahoga County Administrative Appeals Board established by Section 205.11(A).
4. "Board Clerk" means the administrative officer responsible for maintaining records, managing case scheduling, and performing ministerial functions for the Board.
5. "Chair" means the member designated pursuant to Section 205.11(C)(1)(b) to preside over the Board.
6. "Days" means business days, excluding Saturdays, Sundays, days observed as holidays by the County, and days on which the County facilities used by the Board are closed, unless otherwise specified.
7. "Department" means any County department or agency whose enforcement actions are subject to the Board's jurisdiction under Section 205.11(D).
8. "Final Appeals Order" means a decision of the Board that concludes a matter before it, subject only to any reconsideration under Section 205.11(E) and judicial review under ORC Chapter 2506.
9. "Respondent" means the person against whom an Administrative Enforcement Action is brought. For Chapter 1301 and 1302 matters, the Respondent is a Supplier, as defined.
10. "Stay" means the suspension of enforcement of an order pending appeal.
11. "Charging Document" has the meaning given in Section 1301.01(F).
12. "Director" has the meaning given in Section 1301.01(P).
13. "Director of Law" means the Director of Law of Cuyahoga County or designee.
14. "Final Order" has the meaning given in Section 1301.01(R).
15. "Quorum" means three (3) members of the Board, as provided in Section 205.11(C)(6).

Where a term defined in this subsection conflicts with a definition in another Chapter of this Code, the definition in this subsection shall govern proceedings before the Board and the definition in the other Chapter shall govern proceedings before the Department under that Chapter.

In computing any period of time prescribed by this Section for the performance of an act, the day of the act or event from which the period begins to run shall not be included, and the last day of the period shall be included. Where the last day of a period measured in calendar days falls on a Saturday, a Sunday, a day observed as a holiday by the County, or a day on which County facilities used by the Board are closed, the period shall run until the end of the next day that is none of those days. This rule governs deadlines for action by a party, the Board, the Director, or the Department; it does not extend the duration or automatic expiration of any order.

C. Composition and Appointments.

1. The Board shall consist of five (5) members appointed as follows:
   1. Four (4) members appointed by the County Executive and confirmed by County Council.
   2. One (1) member who shall serve as Chair. The Chair shall be appointed jointly by the County Executive and County Council.
2. Qualifications
   1. Members shall be residents of Cuyahoga County.
   2. No member shall have a financial interest in any matter pending before the Board.
   3. Each member shall be an attorney at law in good standing in the State of Ohio, admitted to the practice of law for at least three (3) years in the aggregate, which need not be consecutive or immediately precede the appointment.
   4. The Chair shall have at least five (5) years’ cumulative experience in litigation, appellate, or administrative-hearing practice.
   5. No member shall be an employee of Cuyahoga County while serving on the Board.
   6. Recusal. A member who has a financial interest or other conflict of interest in any matter pending before the Board shall disclose the conflict on the record and shall not participate in the hearing or decision of that matter.
3. Terms
   1. Each member's term shall be four (4) years.
   2. Members may continue to serve beyond the expiration of their term until a successor is appointed and qualified.
   3. A member may be removed only for cause (including but not limited to neglect of duty, malfeasance, conviction of a crime, incapacity, violation of ethics requirements, or failure to maintain the qualifications required by subsection (C)(2)) upon two-thirds vote of County Council after written charges served by the member's appointing authority and an opportunity to be heard before County Council or a committee it designates.
   4. Initial Terms. To ensure continuity, the initial appointments to the Board shall be staggered as follows: two members shall serve a two (2) year initial term; the Chair shall serve a three (3) year initial term; and two members shall serve four (4) year initial terms. The County Executive and the Council shall each designate one member for the two (2) year initial term and one member for the four (4) year initial term. Each term following an initial term, including the renewal term of a member reappointed upon the expiration of the member’s initial term, shall run for the standard term length specified in subsection (C)(3)(a). Terms shall remain staggered so that the terms of no more than two (2) members expire in the same year.
   5. Vacancies. If a vacancy occurs during an unexpired term, the vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment to that seat.
4. Compensation. Board members shall serve on a voluntary basis. Service on the Board is a public trust and not County employment and confers no tenure, benefits, or property interest in office.
5. Meetings; Notice; Public Access
   1. Meetings. The Board shall meet quarterly and at such other times as established by its Rules of Procedure or called by the Chair.
   2. Notice and Agenda. The Board Clerk shall publish the notice and agenda for each Board meeting on the County’s website no later than 6:00 p.m. on the second business day before the meeting. The Board may conduct a special or emergency meeting on shorter notice where the Chair determines an emergency exists; for any such meeting, the Board Clerk shall give such advance notice as is practicable, including to any news media organization that has requested notice of Board meetings.
   3. Public Meetings; Executive Session. Meetings of the Board shall be open to the public, and hearings under Section 205.11(E) shall be conducted in open session. The Board may deliberate on the decision of any appeal or other adjudicatory matter in closed session and may hold an executive session for any purpose permitted by general law, upon a motion, approved by a majority of the members present by roll-call vote, stating the topic of the session.
   4. Minutes and Journal. The Board Clerk shall record the minutes of each Board meeting and publish them on the County’s website within one (1) week of their approval and shall maintain a journal of the Board containing the notices, agendas, and minutes of all Board meetings. The journal may be maintained electronically.
6. Quorum; Board Action
   1. Three (3) members of the Board shall constitute a quorum for the transaction of any business of the Board, including the hearing and decision of appeals.
   2. Every action of the Board, including the issuance of any Final Appeals Order, shall require the affirmative vote of at least three (3) members. No appeal or other matter shall be heard or decided by fewer than three (3) members, and no individual member shall hear, decide, or otherwise act on behalf of the Board in any matter. Amendments to items before the Board and parliamentary motions may be adopted by a majority of the members present, provided that a quorum is present.
   3. No member shall vote on the decision of an appeal unless the member attended the hearing or has reviewed the complete record of the proceeding.
7. Board Clerk. The County Executive shall designate a staff person to serve as the Board Clerk. The Board Clerk shall publish the agendas, meeting notices, and minutes required by this Section; shall maintain the journal, dockets, and records of the Board; shall manage case scheduling; and shall perform the other ministerial functions assigned to the Board Clerk by this Section and the Rules of Procedure.
8. Vice Chair. The Board shall elect annually, from among its members, a Vice Chair, who shall preside and perform the duties of the Chair when the Chair is absent, recused, or unable to act.
9. Members Pro Tempore. Where recusal, vacancy, or unavailability would leave fewer than four (4) members able to participate in a matter, the County Executive, or Council President for members appointed by the Council, with the concurrence of the Chair (or of the Vice Chair where the Chair is recused or unavailable), may designate a member pro tempore who meets the qualifications of subsection (C)(2) to serve in that matter only. A member pro tempore has the powers and duties of a member for the assigned matter, including for purposes of the quorum and voting requirements of subsection (C)(6), and is subject to the recusal, ethics, and compensation provisions of this Section. A member pro tempore shall not otherwise participate in the business of the Board.

D. Jurisdiction.

1. The Board shall have exclusive jurisdiction to hear appeals from Final Orders of:
   1. Department of Consumer Affairs, for consumer protection matters under Chapter 1301 and other chapters of this Title as enacted.
   2. Department of Consumer Affairs, for weights and measures matters (Chapter 1302).
   3. Such other departments as designated by ordinance.
2. The Board shall conduct expedited review of Emergency Orders as provided in Section 1301.05(C) and/or other applicable chapters.
3. The Board shall decide motions to quash Civil Investigative Demands, as provided in Section 1301.05(E) and/or other applicable chapters.
4. Exclusions. The Board shall not have jurisdiction over personnel matters subject to collective bargaining, tax assessment appeals, zoning appeals, adjudication orders issued under the Ohio Building Code or the Residential Code of Ohio that are appealable to a board of building appeals under ORC 3781.19, or matters committed by law to other tribunals.

E. Appeal Procedures.

1. Filing
   1. An Appellant may appeal by filing written notice with the Board within ten (10) calendar days of service of a Final Order of an Administrative Enforcement Action. The notice shall identify the order and state the grounds for appeal. The Board shall make available a plain-language notice-of-appeal form; a self-represented Appellant may, but need not, use the form, and substantial compliance with its requirements shall suffice.
2. Automatic Stay
   1. The filing of a timely appeal shall automatically stay enforcement of the appealed order, including cease-and-desist orders and injunctive provisions, pending final disposition of the appeal, subject to subsection (E)(2)(b).
   2. Within ten (10) business days of the filing of an appeal, the Department may move to dissolve or modify the stay. The Department bears the burden of showing, by clear and convincing evidence, that immediate enforcement is necessary to prevent imminent, substantial, and irreparable harm to consumers that cannot be remedied by monetary relief. The Appellant may file a response to the motion within five (5) business days of the motion’s filing. The Board shall rule on the motion no later than seven (7) business days after the motion is filed. If the Department does not so move, or if the motion is denied, the stay shall continue pending final disposition of the appeal, and the motion shall not delay the scheduling or hearing of the appeal under subsection (E)(3).
   3. The automatic stay under this subsection does not apply to Emergency Orders issued under Section 1301.05(C) or to stop-use, stop-sale, or condemned orders under Chapter 1302; review of Emergency Orders proceeds exclusively under that subsection, and review of stop-use, stop-sale, and condemned orders proceeds exclusively under Section 1302.07(E)(3)-(5).
3. Proceedings
   1. Each appeal shall be heard and decided by the Board in accordance with the quorum and voting requirements of Section 205.11(C)(6); no appeal shall be assigned to, heard, or decided by an individual member. The Chair shall schedule appeals for hearing, and consolidation of related appeals shall be governed by the Board’s Rules of Procedure. Appeals shall be scheduled within forty-five (45) business days of filing unless extended by agreement or for good cause.
   2. Board hearings shall be informal in nature. Formal rules of evidence and civil discovery shall not apply, except for rules concerning privilege. No pre-hearing brief shall be required, although any party may submit a short written statement of its position. Parties may present their documents, evidence, and arguments at the hearing.
   3. If a party, without good cause shown, fails to appear at a scheduled hearing, the Board may (i) rule on the record before it, including evidence and argument submitted by the appearing party, or (ii) enter a decision by default for the appearing party. The Board shall have discretion to determine whether good cause exists.
4. Hearing, Burden, and Standard of Review
   1. Hearing. The Board shall determine the appeal on the Department's record and the parties' written submissions. On the Appellant's written request, or where the parties stipulate in writing to an evidentiary hearing, the Board shall conduct an evidentiary hearing at which both the Department and the Appellant may present documentary evidence, call and cross-examine witnesses, and be represented by counsel, consistent with the respondent's entitlement under Section 1301.08(E). The Board shall set a schedule for written submissions; where no evidentiary hearing is requested or held, proceedings conclude upon the close of briefing.
   2. Burden of Proof. The Appellant bears the burden of establishing any affirmative defense to the Final Order and any mitigating factor relied upon to reduce a civil penalty.
   3. Standard of Review. The Board reviews the Final Order de novo on the record before it, including the Department's record, the parties' written submissions, and any evidence received at a hearing. The Board shall determine whether each finding of violation is established by a preponderance of the evidence and whether the penalty is within the range authorized by Section 1301.07 and proportionate under Section 1301.07(I).
   4. Disposition. The Board may affirm, reverse, or modify the Final Order, in whole or in part. The Board may reduce a penalty within the range authorized by Section 1301.07, but shall not increase a penalty above the amount imposed by the Final Order.
5. Decision. The Board shall issue a Final Appeals Order within fifteen (15) business days of the conclusion of proceedings, unless extended by the Board for good cause. Extensions under this subsection shall not exceed thirty (30) business days in the aggregate absent the written agreement of all parties. If no Final Appeals Order has issued by the expiration of the time provided by this subsection, any party may move the Board for immediate issuance and for dissolution or modification of any stay in effect under subsection (E)(2), and the Board shall rule on the motion within five (5) business days. If no disposition of an appeal receives the affirmative vote of three (3) members within the time provided by this subsection, including any extension, the Final Order under review shall be deemed affirmed by operation of law, and the deemed affirmance shall constitute a Final Appeals Order for all purposes of this Section, including subsections (E)(8) and (E)(9). The Board Clerk shall promptly serve on the parties written notice of any deemed affirmance, stating the votes cast; the time for judicial review under subsection (E)(8) runs from service of that notice. Notwithstanding subsection (E)(9), where affirmance occurs by operation of law rather than by decision of the Board, any stay in effect under subsection (E)(2) shall remain in effect until the time for judicial review under subsection (E)(8) expires; if the Appellant files a timely petition for review and moves the Common Pleas Court for a stay pending review within fourteen (14) calendar days of filing the petition, the stay shall remain in effect until the court rules on the motion. The stay dissolves by operation of law upon the expiration of the time for judicial review without a timely petition, upon the expiration of the fourteen (14) day period without a timely stay motion, or upon the court’s ruling on the motion, as applicable. The Final Appeals Order shall include findings of fact, a plain statement of the legal basis for the decision, and disposition; in routine matters the Board may issue a short-form decision stating its findings and disposition in plain language, provided the findings are sufficient to permit review under ORC Chapter 2506.
6. Motions for reconsideration shall be granted only upon a showing of substantial change in the law, facts, evidence, or conditions relating to the decision occurring after issuance of the Final Appeals Order. The Board may, on its own motion, reconsider a Final Appeals Order within ten (10) business days of issuance where the Board believes the Order may have been issued in error. The time for filing a petition for review under Section 205.11(E)(8) shall commence on the date of issuance of any revised Final Appeals Order under this subsection.
7. Record Requirements. All proceedings before the Board shall be recorded by audio recording, video recording, or stenographic means sufficient to produce a verbatim transcript. The method of recording shall be specified in the Board's Rules of Procedure. A transcript of the proceedings shall be prepared and made available to any party upon request at the requesting party's cost. When a party files an appeal under ORC Chapter 2506, the Board Clerk shall prepare and transmit the transcript as part of the certified record transmitted to the Court of Common Pleas, and the cost of preparing the transcript shall be taxed as a cost of the appeal and borne by the appealing party, subject to taxation and recovery as costs as provided by law.
8. Judicial Review. Final Appeals Orders of the Board may be appealed to Common Pleas Court under ORC Chapter 2506 within thirty (30) calendar days of service of the Final Appeals Order. The Board Clerk shall certify and transmit the complete record to the Court of Common Pleas, including: (i) the Charging Document or notice of enforcement action; (ii) all pleadings filed by the parties; (iii) the transcript; (iv) all exhibits admitted into evidence; (v) the Final Order and any objections filed; (vi) the Final Appeals Order and proof of service.
9. The filing of a petition for review under ORC Chapter 2506 shall not automatically stay enforcement of the Final Appeals Order. A stay pending judicial review may be granted only by the Common Pleas Court on motion and a showing of likelihood of success on the merits, irreparable harm absent the stay, and that the public interest does not weigh against a stay. The Board may, on motion filed before the petition for review, condition or limit the enforceability of its order pending judicial review.

F. Rules of Procedure.

1. The Board shall adopt procedural rules (the "Rules of Procedure") governing filings, service, discovery, proceedings, evidence, and related matters. The enactment of the Board's Rules of Procedure shall be subject to the formal, written approval of the Director of Law, and shall thereafter be published and made available to the public. The Board shall adopt its initial Rules of Procedure no later than one hundred twenty (120) calendar days after the establishment of the Board under Section 205.11(G)(2); if the initial Rules of Procedure have not been adopted by that deadline, the Board shall report in writing to the County Executive and the Clerk of Council the reasons for the delay and the expected date of adoption.
2. The Board shall publish annual statistics including number of appeals filed and resolved; average time to resolution; outcomes by Department, the Board, and by individual Board members (without identifying parties); and stay motions filed and resolved.
3. The Board shall post each Final Appeals Order to the County's public website within a reasonable time after issuance and shall publish each Final Appeals Order in a searchable online format as resources permit.

G. Effective Date.

1. The “Effective Date” of this Section shall be the same as the effective date of Ordinance No. O2026-0006. Ordinance Nos. O2018-0002 and O2018-0003 are hereby repealed to the extent inconsistent with this Section.
2. The Administrative Appeals Board shall be established within ninety (90) calendar days of the Effective Date. At least three (3) members of the Board, including the Chair, shall be appointed and the Board shall adopt interim procedures for the conduct of expedited reviews and rulings on motions to quash within one hundred fifty (150) calendar days of the Effective Date. Interim procedures under this subsection may be adopted without the approval required by Section 205.11(F)(1) and expire upon adoption of the Rules of Procedure. No Emergency Order under Section 1301.05(C) shall issue before the interim procedures under this subsection take effect. In the pendency of the Board being established, nothing in this Code limits a department’s authority to issue a Cease-and-Desist Order, Civil Citation, or Charging Document, or to seek injunctive or other relief in Common Pleas Court.
3. Proceedings pending as of the Effective Date shall continue under the procedures in effect at the time of filing. For new proceedings initiated within one hundred twenty (120) calendar days after the Effective Date, Respondents may elect to proceed under either the prior procedures or the procedures established in this Section. Assurances of Voluntary Compliance entered prior to the Effective Date shall continue in force under their original terms; enforcement of breaches occurring after the Effective Date may proceed under either the prior procedures or the procedures established in this Section.
4. Penalty guidelines apply to violations occurring on or after the Effective Date.

H. Severability.
The provisions of this Section are severable. If any provision of this Section, or its application to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. The County Council declares that it would have enacted each remaining provision irrespective of the invalidity of any other.

(Ordinance No. O2026-0006, Enacted 8/4/2026, Effective 9/9/2026)