Ohio Administrative Code Title 164 - Ohio Public Works Commission
🏛️ Ohio Administrative Code Title 164
Ohio Public Works Commission (OPWC)
🔹 Overview
The OPWC is a state agency established to provide financial assistance to local governments for the development and improvement of public infrastructure projects such as:
Water and wastewater treatment,
Stormwater management,
Flood control,
Bridges and roads.
OAC Title 164 governs the administration, funding, project eligibility, application process, and reporting requirements related to OPWC grants and loans.
The agency operates under authority granted by Ohio Revised Code Chapter 164.
🔹 Key Provisions of OAC Title 164
1. Project Eligibility and Funding
Defines which types of public works projects qualify for funding (e.g., water treatment plants, sanitary sewers).
Specifies requirements for projects to meet environmental standards, public health needs, and local priority.
2. Application Process
Local governments must submit detailed applications outlining:
Project scope,
Estimated costs,
Engineering reports,
Compliance with state and federal laws.
3. Grant and Loan Awards
Rules for awarding grants or loans based on:
Project readiness,
Need,
Benefit to the community,
Availability of funds.
4. Reporting and Compliance
Recipients must submit progress reports and financial audits.
Projects are subject to inspection and compliance reviews.
5. Enforcement
Failure to comply with program requirements can result in suspension or repayment of funds.
⚖️ Relevant Case Law Principles
Though specific cases directly interpreting OAC Title 164 are limited, several legal principles apply broadly:
✅ 1. Discretionary Grant Awards
Principle:
The OPWC has broad discretion in awarding grants and loans. Courts generally will not interfere unless there is arbitrary or capricious decision-making or violation of procedural fairness.
✅ 2. Contractual and Statutory Compliance
Principle:
Recipients of OPWC funds are contractually and statutorily obligated to comply with conditions; failure may lead to funds recovery or other remedies.
✅ 3. Public Purpose Doctrine
Principle:
Projects funded by OPWC must serve a legitimate public purpose. Courts uphold funding for infrastructure that benefits the public health and welfare.
✅ 4. Procedural Due Process
Principle:
Local governments or entities adversely affected by OPWC decisions have a right to notice and opportunity to appeal administrative rulings.
🔎 Hypothetical Case Example
Scenario:
A city receives OPWC grant funds to upgrade its sewer system. Midway, the project scope changes without approval, and the city fails to submit required reports.
OPWC suspends funding and demands repayment.
The city appeals, arguing unforeseen circumstances.
The court defers to OPWC’s enforcement authority but encourages reasonable accommodation if documented.
📌 Summary Table
| Aspect | Explanation |
|---|---|
| Project Eligibility | Infrastructure projects with public health/environmental benefits |
| Application Process | Submission of detailed plans and compliance documents |
| Funding Decisions | Discretionary grants/loans based on merit and need |
| Compliance | Reporting, audits, inspections mandatory |
| Enforcement | Suspension, repayment, appeals available |
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