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Subsidiary Disclosure Form - Ohio
|Subsidiary Disclosure Form Form. This is a Ohio form and can be used in Citizen Protection Attorney General Office Statewide .||
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SUBSIDIARY DISCLOSURE FORM 1. WHO MUST COMPLETE THIS FORM. Any subsidiary, if the subsidiary, or an individual who serves as an officer, director, partner, or the equivalent of a key employee for the facilities of the subsidiary, is, or has been charged with, or has been convicted of a crime listed in Division B of Section 3734.44 of the Revised Code (see Appendix A), must complete this form. Also, any subsidiary that has been a defendant of a civil judicial complaint or adjudged liable for a violation of an environmental protection law resulting in a penalty of fifty thousand dollars or more must complete this form. 2. WHO IS A SUBSIDIARY. For purposes of filing a subsidiary disclosure statement form, "subsidiary" means a business concern which is owned or controlled by: a) a business concern referred to in paragraph (B)(2)(b) of Rule 109:6-1-02 of the Ohio Administrative Code (O.A.C.). (Each business concern which is a partner of the applicant or permittee, and each business concern which owns or controls the applicant or permittee); b) an individual who owns or controls the applicant or permittee or prospective owner; or c) the applicant or permittee or prospective owner. 3. ALL QUESTIONS MUST BE ANSWERED. Read every question carefully before answering any. Answer every question completely. Do not leave any blank spaces. If a question does not apply to you, enter "Not applicable" or "N/A" in the space provided for an answer. If there is nothing to disclose in answer to a particular question, enter "None" in the space provided for an answer. 4. ANSWER COMPLETELY AND TRUTHFULLY. Failure to answer any questions completely may result in your statement being returned to you for supplementation of your answers. If the answer to a question in this form is identical to an answer given to a previous question in the form, you may answer the later question by writing "Same as ____." For example, if the answer to Question 3 is the same as the answer to Question 2, you may answer Question 3 by writing "Same as 2." WARNING: FRAUDULENT, DECEPTIVE OR MISLEADING ANSWERS MAY RESULT IN THE DENIAL OR REVOCATION OF THE APPLICANT'S OR PERMITTEE'S LICENSE. IN ADDITION, ANY PERSON WHO KNOWINGLY OR RECKLESSLY MAKES FALSE OR MISLEADING STATEMENTS ON THIS FORM MAY BE SUBJECT TO CRIMINAL PROSECUTION. Be especially careful not to leave out information in a way that might create an impression that you are trying to hide it. For example, a minor criminal conviction will probably not disqualify your firm from being licensed but attempting to conceal the conviction may lead to a finding of untrustworthiness, and result in disqualification. Omitting such information from this form, even unintentionally, may result in your trustworthiness being questioned. Even if the question is resolved in your favor, your application may be delayed while the inquiry goes forward. i American LegalNet, Inc. www.FormsWorkflow.com If you are unsure of, or do not remember the answer to a question, indicate this in some way - for example, by writing "Do not remember." This may result in additional inquiries from the Director of the Ohio EPA or the Attorney General's Office, but it will avoid the implication that you are trying to conceal information. However, you should not answer "Do not remember," or with similar words, simply because the information may not be immediately at hand. You are expected to make reasonable efforts to check your records so that you can answer the questions completely. 5. ADDITIONAL SPACE. If you need additional space to answer a question, use plain 8 1/2" x 11" paper. Insert additional pages immediately following the page on which the question you are answering appears. Be sure to indicate that your answer to the question is "continued on next page," and indicate on the additional page which question is being continued there. When you have finished answering all questions, and have attached all additional pages, consecutively number each page at the top right corner - including the additional pages. Pages of the original form which need to be renumbered as a result of adding pages should be renumbered at the space provided after "Your Page No.__" 6. TYPE OR PRINT YOUR ANSWERS. Type or print in legible block letter style. Handwritten forms will be returned if entries are in script or are unreadable. DO NOT USE A SCRIPT TYPEFACE. INTERPRETIVE ASSISTANCE IN COMPLETING DISCLOSURE STATEMENTS. If an applicant, permittee, or prospective owner needs interpretive assistance in completing a disclosure statement, it may submit in writing to the Attorney General a regulatory guidance request seeking an informal, nonbinding interpretation of a regulatory requirement imposed by Sections 3734.40 to 3734.47 of the Revised Code and the rules adopted thereunder. a. The submission of a regulatory guidance request shall in no way alter the obligation of an applicant, permittee or prospective owner to fully comply with all requirements imposed by Sections 3734.40 to 3734.47 of the Revised Code and the rules adopted thereunder. There is no obligation upon the Attorney General to respond to a regulatory guidance request other than as the Attorney General determines in his or her sole discretion based upon available human resources and the need to employ those resources to perform the mandatory obligations imposed by Sections 3734.40 to 3734.47 of the Revised Code and the rules adopted thereunder. The response provided by the Attorney General to any regulatory guidance request shall be used by the applicant, permittee, or prospective owner solely as a guidance to assist in the preparation of a disclosure statement. The response of the Attorney General shall not be binding upon anyone, including, but not limited to, the applicant, permittee or prospective owner, the Attorney General, the Director of Environmental Protection, a local 7. b. c. ii American LegalNet, Inc. www.FormsWorkflow.com board of health, or the Hazardous Waste Facility Board. The response may be accorded such deference as is usually provided to the administrative interpretation of a statutory requirement. IF YOU HAVE GENERAL NON-INTERPRETIVE QUESTIONS ABOUT HOW TO FILL OUT THIS FORM, CALL THE ATTORNEY GENERAL'S OFFICE AT (614) 466-3843 8. The information required to be submitted in the disclosure statement pursuant to Rule 109:6-1-02 of the O.A.C. is intended to be the information necessary to begin the background investigation required by Sections 3734.