US Laws, Codes, Statutes & Cases

[§ 9.82.1] § 9.821. Administrative services department to manage risk management and insurance programs; office of risk management.
 

(A)  The department of administrative services shall direct and manage for state agencies all risk management and insurance programs authorized under section 9.822 [9.82.2] of the Revised Code. 

(B)  The office of risk management is hereby established within the department of administrative services. The director of administrative services, or a deputy director appointed by the director, shall control and supervise the office. 

(C)  The office may take any of the following actions that it determines to be in the best interests of the state: 

(1) Provide all insurance coverages for the state, including, but not limited to, automobile liability, casualty, property, public liability, and, except as provided in division (C)(6) of this section, fidelity bond insurance. The cost of insurance coverage shall be paid from appropriations made to the state agencies that the office has designated to receive the coverage. 

(2) Provide coverage of legal expenses that are necessary and related to the legal defense of claims against the state; 

(3) Purchase insurance policies consistent with sections 125.01 to 125.111 [125.11.1] of the Revised Code, develop and administer self-insurance programs, or do both; 

(4) Consolidate and combine state insurance coverages; 

(5) Provide technical services in risk management and insurance to state agencies; 

(6) (a) Establish and administer a self-insured fidelity bond program for a particular class or subclass of state officer, employee, or agent, if, prior to the establishment and administration of this program, the director does both of the following: 

(i) Holds a hearing in accordance with Chapter 119. of the Revised Code to determine whether fidelity bond insurance for that particular class or subclass of state officer, employee, or agent is available in the voluntary market; 

(ii) If, as a result of that hearing, the director determines that fidelity bond insurance for a particular class or subclass of state officer, employee, or agent is unavailable in the voluntary market and that the absence of this insurance threatens the operation of state government and will be detrimental to the general welfare of the citizens of this state, adopts rules in accordance with Chapter 119. of the Revised Code to establish standards and procedures governing the establishment, administration, and termination of the fidelity bond program for that particular class or subclass of state officer, employee, or agent. 

(b) Division (C)(6)(a) of this section does not apply to any self-insured blanket fidelity bond program that, on September 20, 1993, has been established pursuant to section 9.831 [9.83.1] Å of the Revised Code. 

(7) Except as provided in division (C)(6) of this section, adopt and publish, in accordance with section 111.15 of the Revised Code, necessary rules and procedures governing the administration of the state's insurance and risk management activities. 

(D)  No state agency, except a state agency exempted under section 125.02 or 125.04 of the Revised Code from the department's purchasing authority, shall purchase any insurance described in this section except as authorized by the department and in accordance with terms, conditions, and procurement methods established by the department. 

(E)  With respect to any civil action, demand, or claim against the state that could be filed in the court of claims, nothing in sections 9.82 to 9.823 [9.82.3] of the Revised Code shall be interpreted to permit the settlement or compromise of those civil actions, demands, or claims, except in the manner provided in Chapter 2743. of the Revised Code. 
 

HISTORY: 145 v H 23 (Eff 9-20-93); 149 v H 94. Eff 9-5-2001.
 

Å Division (C)(6)(b), so in enrolled bill. RC § 9.83.1 was repealed in 145 v H 23, § 3, eff 7-2-97. 
 

The effective date is set by section 204 of HB 94.