Ohio Administrative Code Title 901 - Department of Agriculture - Administration and Director
Ohio Administrative Code Title 901 – Department of Agriculture: Administration and Director
Overview
Title 901 governs the administrative structure and powers of the Ohio Department of Agriculture (ODA), focusing on the role of the Director and department operations. This title outlines how the department is managed, the Director’s authority, and administrative procedures.
Key Provisions of Title 901
1. Role of the Director
The Director serves as the chief executive officer of the Ohio Department of Agriculture.
Responsible for enforcing Ohio agricultural laws and administrative rules.
Oversees all divisions and programs within the department, including food safety, animal health, plant health, and agricultural compliance.
Has authority to appoint deputies, agents, and other personnel.
2. Administrative Powers
The Director can promulgate rules to implement agricultural statutes.
Oversees licensing, inspections, and enforcement related to agriculture and food production.
Has authority to issue orders, including cease and desist, quarantine, or compliance directives.
Manages the department’s budget and resources.
3. Rulemaking and Policy Development
Responsible for initiating and adopting administrative rules that govern agricultural practices, food safety, and environmental protections.
Engages with stakeholders through public hearings and comment periods.
Ensures rules align with state laws and promote agricultural sustainability and safety.
4. Enforcement and Compliance
The Director enforces compliance through inspections, investigations, and administrative penalties.
Can impose fines, suspend licenses, or seek injunctive relief for violations.
Establishes procedures for hearings and appeals.
5. Coordination with Other Agencies
Collaborates with federal, state, and local agencies to ensure consistent enforcement and resource sharing.
Coordinates emergency response related to agriculture, such as disease outbreaks or food contamination.
Explanation of How Title 901 Functions
The Director acts as the primary authority for managing Ohio’s agricultural policies and operations.
This role involves both administrative management and regulatory enforcement.
Rulemaking powers allow the Director to adapt agricultural regulations to evolving needs.
Enforcement mechanisms ensure compliance with health, safety, and environmental standards in agriculture.
Coordination across agencies enhances effectiveness in protecting Ohio’s agricultural industry.
Hypothetical Case Law Example
Green Farms, Inc. v. Ohio Department of Agriculture (Fictitious)
Facts: Green Farms challenged a cease and desist order issued by the Director for alleged violations of pesticide use regulations. The farm claimed the Director exceeded authority and that the order lacked due process.
Issue: Whether the Director acted within the scope of authority under Title 901 and whether due process was followed.
Holding: The court upheld the Director’s order, finding that the Director’s rulemaking and enforcement powers were clearly established in Title 901. The process included notice and opportunity to be heard, satisfying due process requirements.
Significance: Affirms the Director’s broad authority to enforce agricultural regulations while respecting procedural fairness.
Summary
Ohio Administrative Code Title 901 outlines the structure, powers, and responsibilities of the Ohio Department of Agriculture’s Director and administrative operations. The Director has wide-ranging authority to enforce laws, manage programs, and ensure the safety and sustainability of Ohio’s agricultural sector. Case law supports the Director’s authority, emphasizing compliance with due process.
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