As Introduced
136th General Assembly
Regular Session S. B. No. 72
2025-2026
Senators Hicks-Hudson, DeMora
Cosponsors: Senators Weinstein, Smith, Craig
A B I L L
To enact sections 2749.01, 2749.02, 2749.03,
2749.04, 2749.05, 2749.06, 2749.07, 2749.08,
2749.09, and 2749.10 of the Revised Code
regarding filing false or fraudulent claims with
the state and defrauding the state of money or
property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2749.01, 2749.02, 2749.03,
2749.04, 2749.05, 2749.06, 2749.07, 2749.08, 2749.09, and
2749.10 of the Revised Code be enacted to read as follows:
Sec. 2749.01. As used in this chapter:
(A) "Claim" includes any request or demand, whether under
a contract or otherwise, for money or property that is made to a
contractor, grantee, or other recipient if the state provides
any portion of the money or property that is requested or
demanded or if the state will reimburse the contractor, grantee,
or other recipient for any portion of the money or property that
is requested or demanded.
(B) "Documentary material" includes the original or any
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copy of any book, record, report, memorandum, paper,
communication, tabulation, chart, or other document, or data
compilations stored in or accessible through computer or other
information retrieval systems, together with instructions and
all other materials necessary to use or interpret the data
compilations, and any product of discovery.
(C) "Knowing" and "knowingly" mean that a person, with
respect to information and with or without a specific intent to
defraud, meets at least one of the following criteria:
(1) The person has actual knowledge of the information.
(2) The person acts in deliberate ignorance of the truth
or falsity of the information.
(3) The person acts in reckless disregard of the truth or
falsity of the information.
(D) "Product of discovery" includes all of the following:
(1) The original or duplicate of any deposition,
interrogatory, document, thing, result of the inspection of land
or other property, examination, or admission, that is obtained
by any method of discovery in any judicial or administrative
proceeding of an adversarial nature;
(2) Any digest, analysis, selection, compilation, or
derivation of any item listed in division (D)(1) of this
section;
(3) Any index or other manner of access to any item listed
in division (D)(1) of this section.
Sec. 2749.02. (A) No person shall do any of the following:
(1) Knowingly present, or cause to be presented, to an
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officer or employee of the state or to the state a false or
misleading claim for payment or approval;
(2) Knowingly make, use, or cause to be made or used a
false record or statement to get the state to pay or approve a
false or misleading claim;
(3) Conspire to defraud the state by getting a false or
fraudulent claim allowed or paid;
(4) Have possession, custody, or control of property or
money used or to be used by the state and, with intent to
conceal the property or money, deliver or cause to be delivered
less property or money than the amount for which the person
receives a certificate or receipt;
(5) With intent to defraud, make or deliver a document
that certifies receipt of property used by the state or to be
used by the state and that the person is authorized to make or
deliver if the person does not know that the information on the
document is true;
(6) Knowingly buy, or receive as a pledge of an obligation
or debt, public property from an officer or employee of the
state who lawfully may not sell or pledge the property;
(7) Knowingly make, use, or cause to be made or used a
false record or statement to conceal, avoid, or decrease an
obligation to pay or transmit money or property to the state;
(8) Knowingly solicit, receive, offer to pay, or pay a
kickback, bribe, rebate, or any other form of remuneration,
directly or indirectly, overtly or covertly, in cash or in kind,
for referring an individual to a health care provider or managed
care organization or to a third person for the purpose of
referral of the individual by the third person to a health care
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provider or managed care organization for furnishing the
individual with goods or services that may be paid for, in whole
or in part, by the medicaid program or by the bureau of workers'
compensation under Chapters 4121. or 4123. of the Revised Code
and rules adopted pursuant to those chapters.
(B)(1) Except as provided in division (B)(2) of this
section, whoever violates division (A) of this section is liable
to the state for a civil penalty of not less than five thousand
dollars and not more than ten thousand dollars for each false or
misleading claim, plus three times the amount of damages that
the state sustains because of the violation.
(2) Whoever violates division (A) of this section is
liable to the state for a civil penalty of not less than two
times the amount of damages that the state sustains because of
the violation, plus the costs of a civil action brought to
recover any such penalty or damages, if the court finds all of
the following:
(a) The person committing the violation furnished the
attorney general with all information known to the person about
the violation within thirty days after the date on which the
person first obtained the information.
(b) The person fully cooperated with any state
investigation of the violation.
(c) At the time the person furnished the attorney general
with the information about the violation, no criminal
prosecution, civil action, or administrative action had been
commenced with respect to the violation, and the person did not
have actual knowledge of the existence of an investigation into
the violation.
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(C) Any information furnished as described in division (B)
(2)(a), (b), or (c) of this section is not a public record under
and is exempt from disclosure under section 149.43 of the
Revised Code.
(D) Commencement of an action or investigation under this
chapter does not preclude either of the following:
(1) Commencement of an action under section 5164.35 of the
Revised Code with regard to claims, payments, reports, or
documents to which section 5164.35 of the Revised Code applies;
(2) Commencement of any other action otherwise authorized
by law.
Sec. 2749.03. (A) The attorney general diligently shall
investigate violations of section 2749.02 of the Revised Code.
If the attorney general finds that a person has violated or is
violating that section, the attorney general may bring a civil
action under this section against the person.
(B)(1) A person may bring a civil action for a violation
of section 2749.02 of the Revised Code on behalf of the person
and on behalf of the state. A person may not bring an action
under this division against the state or a political
subdivision, any department, board, office, commission, agency,
institution, or other instrumentality of the state or a
political subdivision, or any officer or employee of the state
or a political subdivision. A person shall bring the action in
the name of the state.
(2) A copy of the complaint and written disclosure of
substantially all material evidence and information the person
possesses shall be served on the attorney general pursuant to
Civil Rule 4.2(J). The complaint shall be filed in camera, shall
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remain under seal for at least sixty days, and shall not be
served on the defendant until the court so orders. The state may
elect to intervene and proceed with the action within sixty days
after it receives both the complaint and the material evidence
and information.
(3) The state, for good cause shown, may file motions with
the court requesting extensions of the time during which the
complaint remains under seal, and the state may intervene under
division (B)(2) of this section. The motion may be supported by
affidavits or other submissions in camera. The defendant is not
required to respond to any complaint filed under this section
until twenty-eight days after the complaint is unsealed and
served on the defendant pursuant to Civil Rule 4.
(4) Before the expiration of the sixty-day period under
division (B)(2) of this section or any extensions obtained under
division (B)(3) of this section, the state shall either proceed
with the action or notify the court that it declines to proceed
with the action. If the state proceeds with the action, the
state shall conduct the action. If the state declines to proceed
with the action, the person bringing the action has the right to
conduct the action.
(5) When a person brings an action under division (B)(1)
of this section, no person other than the state may intervene or
bring a related action based on the facts underlying that
pending action.
(C)(1) If the state proceeds with an action under division
(B) of this section, it has the primary responsibility for
prosecuting the action and is not bound by an action of the
person bringing the action. The person bringing the action has
the right to continue as a party to the action, subject to the
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limitations set forth in divisions (C)(2) to (4) of this
section.
(2) The state may dismiss an action brought under division
(B) of this section notwithstanding the objections of the person
initiating the action if the state notifies the person of the
filing of the motion to dismiss and the court has provided the
person with an opportunity for a hearing on the motion.
(3) The state may settle an action brought under division
(B) of this section with the defendant notwithstanding the
objections of the person initiating the action if the court
determines, after a hearing, that the proposed settlement is
fair, adequate, and reasonable under all the circumstances. On a
showing of good cause, the court may hold the hearing in camera.
(4) On a showing by the state that unrestricted
participation during the course of the litigation by the person
initiating the action would interfere with or unduly delay the
state's prosecution of the case or would be repetitious,
irrelevant, or for purposes of harassment, the court, in its
discretion, may impose limitations on the person's
participation, including all of the following:
(a) Limiting the number of witnesses the person may call;
(b) Limiting the length of the testimony of witnesses;
(c) Limiting the person's cross-examination of witnesses;
(d) Otherwise limiting the participation by the person in
the litigation.
(5) On a showing by the defendant that unrestricted
participation during the course of the litigation by the person
initiating an action under division (B) of this section would be
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for purposes of harassment or would cause the defendant undue
burden or unnecessary expense, the court may limit participation
by the person initiating the action in the litigation.
(D) If the state elects not to proceed with an action
brought by a person under division (B) of this section, the
person has the right to conduct the action. If the state so
requests, it shall be served with copies of all pleadings filed
in the action and shall be supplied with copies of all
deposition transcripts at the state's expense. When the person
proceeds with the action, the court, without limiting the status
and rights of the person initiating the action, may nevertheless
permit the state to intervene at a later date on a showing of
good cause.
(E) Whether or not the state proceeds with the action, on
a showing by the state that certain discovery by the person
initiating the action would interfere with the state's
investigation or prosecution of a criminal or civil matter
arising out of the same facts, the court may stay that discovery
for a period of not more than sixty days. The showing shall be
conducted in camera. The court may extend the sixty-day period
on a further showing in camera that the state has pursued the
criminal or civil investigation or proceedings with reasonable
diligence and any proposed discovery in the civil action will
interfere with the ongoing criminal or civil investigation or
proceedings.
(F) The state may elect to pursue its claim through any
available means other than an action brought under division (B)
of this section, including an administrative proceeding to
determine a civil monetary penalty. If an alternate remedy is
pursued in another proceeding, the person initiating the action
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has the same rights in that proceeding as the person would have
had if the action had continued under this section. Any finding
of fact or conclusion of law made in the other proceeding that
has become final is conclusive on all parties to an action under
this section. A finding or conclusion is final if it has been
finally determined on appeal to the appropriate court, if the
time for filing an appeal with respect to the finding or
conclusion has expired, or if the finding or conclusion is not
subject to judicial review.
(G)(1) Except as provided in division (G)(1) of this
section, if the state proceeds with an action brought by a
person under division (B) of this section, the person shall
receive at least fifteen per cent but not more than twenty-five
per cent of the proceeds of the action or settlement of the
claim, depending on the extent to which the person substantially
contributed to the prosecution of the action. If the action is
one that the court finds to be based primarily on disclosures of
specific information, other than information provided by the
person bringing the action, relating to allegations or
transactions in a criminal or civil hearing, in a legislative or
administrative report, hearing, audit, or investigation, or from
the news media, the court may award the sums that it considers
appropriate, but in no case more than ten per cent of the
proceeds, taking into account the significance of the
information and the role of the person bringing the action in
advancing the case to litigation. Any payment to a person under
division (G)(1) of this section shall be made from the proceeds.
The person also shall receive an amount for reasonable expenses
that the court finds to have been necessarily incurred, plus
reasonable attorney's fees and costs. All expenses, fees, and
costs shall be awarded against the defendant.
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(2) If the state does not proceed with an action brought
by a person under division (B) of this section, the person
bringing the action or settling the claim shall receive an
amount that the court decides is reasonable for collecting the
civil penalty and damages. The amount shall be not less than
twenty-five per cent and not more than thirty per cent of the
proceeds of the action or settlement and shall be paid out of
the proceeds. The remainder of the proceeds shall be paid to the
state. The person also shall receive an amount for reasonable
expenses that the court finds to have been necessarily incurred,
plus reasonable attorney's fees and costs. All expenses, fees,
and costs shall be awarded against the defendant.
(3) Whether or not the state proceeds with the action, if
the court finds that the action was brought by a person who
planned and initiated the violation of section 2749.02 of the
Revised Code on which the action was brought, then the court
may, to the extent the court considers appropriate, eliminate or
reduce the share of the proceeds of the action that the person
would otherwise receive under division (G)(1) or (2) of this
section, taking into account the role of that person in
advancing the case to litigation and any relevant circumstances
pertaining to the violation. If the person bringing the action
is convicted of criminal conduct arising from the person's role
in the violation of section 2749.02 the Revised Code, the civil
action shall be dismissed. The dismissal does not prejudice the
right of the state to continue the action.
(4) If the state does not proceed with the action and the
person bringing the action conducts the action, the court may
award to the defendant its reasonable attorney's fees and
expenses if the defendant prevails in the action and the court
finds that the claim of the person bringing the action was
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clearly frivolous, clearly vexatious, or brought primarily for
purposes of harassment.
(H)(1) In no event may a person bring an action under
division (B) of this section that is based on allegations or
transactions that are the subject of a civil suit or an
administrative civil money penalty proceeding in which the state
is already a party.
(2) In no event may a person bring an action under this
section based on the public disclosure of allegations or
transactions in a criminal, civil, legislative, or
administrative hearing, report, audit, or investigation, or from
the news media, unless the person bringing the action has direct
and independent knowledge of the information on which the
allegations are based and has voluntarily provided the
information to the state before filing an action based on the
information under this section. This division does not apply to
the bringing of an action by the state.
(I) The state is not liable for expenses that a person
incurs in bringing an action under this section.
(J) Any employee who is discharged, demoted, suspended,
threatened, harassed, or in any other manner discriminated
against in the terms and conditions of employment by the
employee's employer because of lawful acts done by the employee
on behalf of the employee or others in furtherance of an action
under this section, including investigation for, initiation of,
testimony for, or assistance in an action filed or to be filed
under this section, is entitled to all relief necessary to make
the employee whole. The relief includes reinstatement with the
same seniority status the employee would have had but for the
discrimination, two times the amount of back pay, interest on
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the back pay, and compensation for any special damages sustained
as a result of the discrimination, including litigation costs
and reasonable attorney's fees. An employee may bring an action
in the appropriate court of common pleas for the relief provided
in this division.
Sec. 2749.04. (A) A subpoena requiring the attendance of a
witness at a trial or hearing conducted under section 2749.03 of
the Revised Code may be served pursuant to Civil Rule 45.
(B) A civil action under section 2749.03 of the Revised
Code may not be brought after the later of the date that is six
years after the date on which the violation of section 2749.02
of the Revised Code is committed or three years after the date
when facts material to the right of action are known or
reasonably should have been known by the attorney general.
(C) In any action brought under section 2749.03 of the
Revised Code, the state or, if the state elects to not proceed
with the action, the person bringing the action, shall prove all
essential elements of the cause of action, including damages, by
a preponderance of the evidence.
(D) A final judgment rendered in favor of the state in any
criminal proceeding charging fraud or false statements, whether
on a verdict after trial or on a plea of guilty or nolo
contendere, estops the defendant from denying the essential
elements of the offense in any action that involves the same
transaction as in the criminal proceeding and that is brought
under division (A) or (B) of section 2749.03 of the Revised
Code.
Sec. 2749.05. (A) Except as provided in division (B) of
this section, an action under section 2749.03 of the Revised
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Code may be brought in the court of common pleas of Franklin
county or of any county in which the defendant or, in the case
of multiple defendants, any one defendant can be found, resides,
or transacts business, or in which any act prohibited by section
2749.02 of the Revised Code occurred.
(B) A civil action under section 2749.03 of the Revised
Code against an officer or employee of the state is subject to
section 9.86 of the Revised Code and division (F) of section
2743.02 of the Revised Code.
Sec. 2749.06. (A) Whenever the attorney general has reason
to believe that a person may be in possession, custody, or
control of any documentary material or information relevant to
an investigation conducted under section 2749.03 of the Revised
Code, the attorney general may, before commencing a civil
proceeding under that section, issue in writing and cause to be
served on the person a civil investigative demand requiring the
person to do any of the following:
(1) Produce the documentary material for inspection and
copying in accordance with section 2749.07 of the Revised Code;
(2) Answer in writing written interrogatories with respect
to the documentary material or information in accordance with
section 2749.08 of the Revised Code;
(3) Give oral testimony concerning the documentary
material or information in accordance with section 2749.09 of
the Revised Code;
(4) Furnish any combination of the material, answers, or
testimony.
(B) Each civil investigative demand issued under this
section shall state the nature of the conduct constituting the
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alleged violation of section 2749.02 of the Revised Code that is
under investigation.
(C) A civil investigative demand may not require the
production of any documentary material, the submission of any
answers to written interrogatories, or the giving of any oral
testimony if the material, answers, or testimony would be
protected from disclosure under either of the following:
(1) The standards applicable to subpoenas or subpoenas
duces tecum issued by a court to aid in a grand jury
investigation;
(2) The standards applicable to discovery requests under
the Rules of Civil Procedure, to the extent that the application
of the standards to the demand is appropriate and consistent
with the provisions and purposes of this section.
(D) Whenever any person fails to comply with any civil
investigative demand issued under this section, or whenever
satisfactory copying or reproduction of any material requested
in the demand cannot be done and the person refuses to surrender
the material, the attorney general may file in the court of
common pleas in Franklin county or in the county in which the
person resides, is found, or transacts business, and serve upon
the person, a petition for an order of the court for the
enforcement of the civil investigative demand.
(E) Any civil investigative demand issued under division
(A) of this section or petition filed under division (D) of this
section may be served in the same manner as a summons under
Civil Rules 4 to 4.3 and 4.5. A verified return by the
individual serving a civil investigative demand or petition
setting forth the manner of the service is proof of the service.
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In the case of service by registered or certified mail, the
return shall be accompanied by the return post office receipt of
delivery of the demand.
Sec. 2749.07. (A) If the attorney general demands the
production of documentary material under section 2749.06 of the
Revised Code, the attorney general shall do both of the
following:
(1) Describe each class of documentary material to be
produced with such definiteness and certainty as to permit the
material to be fairly identified;
(2) Prescribe a return date for each class of documentary
material that will provide a reasonable period of time within
which the material may be assembled and made available for
inspection and copying.
(B) The production of documentary material in response to
a civil investigative demand shall be made under a sworn
certificate, in any form that the demand designates, by the
following methods:
(1) In the case of a natural person, the person to whom
the demand is directed;
(2) In the case of a person other than a natural person, a
person having knowledge of the facts and circumstances relating
to the production and authorized to act on behalf of the person.
(C) The certificate shall state that all of the
documentary material required by the demand and in the
possession, custody, or control of the person to whom the demand
is directed has been produced and made available to the attorney
general.
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(D) Any person on whom any civil investigative demand for
the production of documentary material has been served shall
make the material available for inspection and copying to the
attorney general at the principal place of business of the
person or at any other place that the attorney general and the
person after service of the demand may agree and prescribe in
writing. The person shall make the material available on the
return date specified in the demand, or on any later date that
the attorney general may prescribe in writing. The person may,
on written agreement between the person and the attorney
general, substitute copies for originals of all or any part of
the material.
Sec. 2749.08. (A) If the attorney general demands answers
to written interrogatories under section 2749.06 of the Revised
Code, the attorney general shall do both of the following:
(1) Set forth with specificity the written interrogatories
to be answered;
(2) Prescribe dates at which time answers to the written
interrogatories must be submitted.
(B) Each interrogatory in a civil investigative demand
shall be answered separately and fully in writing under oath and
shall be submitted under a sworn certificate, in the form that
the demand designates, by the following persons:
(1) In the case of a natural person, the person to whom
the demand is directed;
(2) In the case of a person other than a natural person,
the person or persons responsible for answering each
interrogatory.
(C) If any interrogatory is objected to, the reasons for
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the objection shall be stated in the certificate instead of an
answer. The certificate shall state that all information
required by the demand and in the possession, custody, control,
or knowledge of the person to whom the demand is directed has
been submitted. To the extent that any information is not
furnished, the information shall be identified and reasons set
forth with particularity regarding the reasons why the
information was not furnished.
Sec. 2749.09. (A) If the attorney general demands the
giving of oral testimony under section 2749.06 of the Revised
Code, the attorney general shall do all of the following:
(1) Prescribe a date, time, and place at which oral
testimony will commence;
(2) Specify that the attendance and testimony are
necessary to the conduct of the investigation;
(3) Notify the person receiving the demand of the right to
be accompanied by an attorney and any other representative;
(4) Describe the general purpose for which the demand is
being issued and the general nature of the testimony, including
the primary areas of inquiry, that will be taken pursuant to the
demand.
(B) The date prescribed for the commencement of oral
testimony shall be a date that is not less than seven days after
the date on which the demand is received, unless the attorney
general determines that exceptional circumstances are present
that warrant the commencement of the testimony within a lesser
period of time.
(C) The attorney general shall not issue more than one
civil investigative demand for oral testimony by the same person
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unless the person requests otherwise or unless the attorney
general, after investigation, notifies the person in writing
that an additional demand for oral testimony is necessary.
(D) The examination of any person pursuant to a civil
investigative demand for oral testimony shall be taken before an
officer authorized by law to administer oaths and affirmations.
The officer before whom the testimony is to be taken shall put
the witness on oath or affirmation and shall, personally or by
someone acting under the direction of the officer and in the
officer's presence, record the testimony of the witness. The
testimony shall be taken stenographically or otherwise recorded
in accordance with the Rules of Civil Procedure and shall be
transcribed. When the testimony is fully transcribed, the
officer before whom the testimony is taken shall promptly
transmit a copy of the transcript of the testimony to the
attorney general. This section does not preclude the taking of
testimony by any means authorized by, and in a manner consistent
with, the Rules of Civil Procedure.
(E) The attorney general shall exclude from the place
where the examination is held all persons except the person
giving the testimony, the attorney for and any other
representative of the person giving the testimony, any person
who may be agreed on by the attorney general and the person
giving the testimony, the officer before whom the testimony is
to be taken, and any stenographer or other person recording the
testimony.
The oral testimony of any person shall be taken in
Franklin county or in the county within which the person
resides, is found, or transacts business, or in any other place
that may be agreed on by the attorney general and the person.
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(F) When the testimony is fully transcribed, the attorney
general or the officer before whom the testimony is taken shall
afford the witness, who may be accompanied by counsel, a
reasonable opportunity to examine and read the transcript,
unless examination and reading are waived by the witness. Any
changes in form or substance that the witness desires to make
shall be entered and identified on the transcript by the officer
or the attorney general, with a statement of the reasons given
by the witness for making the changes. The transcript shall then
be signed by the witness, unless the witness waives the signing
in writing, is ill, cannot be found, or refuses to sign. If the
transcript is not signed by the witness within thirty days after
being afforded a reasonable opportunity to examine it, the
officer or the attorney general shall sign it and state on the
record the fact of the waiver, illness, absence of the witness,
or the refusal to sign, together with the reasons, if any, given
therefor.
The officer before whom the testimony is taken shall
certify on the transcript that the witness was sworn by the
officer and that the transcript is a true record of the
testimony given by the witness, and the officer or attorney
general shall take custody of the transcript.
(G) Any person compelled to appear for oral testimony
under a civil investigative demand may be accompanied,
represented, and advised by counsel. Counsel may advise the
person, in confidence, with respect to any question asked of the
person. The person or counsel may object on the record to any
question, in whole or in part, and shall briefly state for the
record the reason for the objection. An objection may be made,
received, and entered on the record when it is claimed that the
person is entitled to refuse to answer the question on the
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546 S. B. No. 72 Page 20
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grounds of any constitutional or other legal right or privilege,
including the privilege against self-incrimination. The person
may not otherwise object to or refuse to answer any question,
and may not directly or through counsel otherwise interrupt the
oral examination. If the person refuses to answer any question,
a petition may be filed in the court of common pleas in Franklin
county or in the county in which the examination takes place for
an order compelling the person to answer the question.
If the person refuses to answer any question on the
grounds of the privilege against self-incrimination, the
testimony of the person may be compelled in the manner provided
in section 2945.44 of the Revised Code.
(H) Any person appearing for oral testimony under a civil
investigative demand is entitled to the same fees and allowances
that are paid to witnesses in the court of common pleas.
Sec. 2749.10. (A) Except as provided in this division,
documentary material, answers to interrogatories, or transcripts
of oral testimony received under section 2749.06 of the Revised
Code, or copies of documentary material, answers to
interrogatories, or transcripts of oral testimony so received,
while in the possession of the attorney general, are not
available for examination by any individual other than an
employee of the attorney general. This prohibition on the
availability of material, answers, or transcripts does not apply
if the person who produced the material, answers, or transcripts
gives consent. Nothing in this division is intended to prevent
disclosure to the general assembly, including any committee or
subcommittee of the general assembly, to any other state agency
for use by the agency in furtherance of its statutory
responsibilities, or to any law enforcement officer for use in
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the furtherance of the law enforcement officer's duties.
Disclosure of information to any agency other than those
specified in this division shall be allowed only on application,
made by the attorney general to a court of common pleas showing
substantial need for the use of the information by the agency in
furtherance of its statutory responsibilities.
(B) While in the possession of the attorney general and
under any reasonable terms and conditions that the attorney
general prescribes, documentary material and answers to
interrogatories received under section 2749.06 of the Revised
Code shall be available for examination by the person who
produced the material or answers, or by a representative of that
person authorized by that person to examine the material and
answers.
The attorney general may use any documentary material,
answers to interrogatories, or transcripts of oral testimony
received under section 2749.06 of the Revised Code in connection
with any case or proceeding before a court, grand jury, or state
agency.
(C) If any documentary material has been produced by any
person in the course of any investigation pursuant to a civil
investigative demand under section 2749.06 of the Revised Code,
the attorney general shall, on written request of the person who
produced the material, return to the person the documentary
material, other than copies furnished to the attorney general
under division (D) of section 2749.07 of the Revised Code or
made for the attorney general under division (B) of this
section, that has not passed into the control of any court,
grand jury, or agency through introduction into the record of
the case or proceeding, or into the control of any law
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enforcement officer, if either of the following applies:
(1) Any case or proceeding before the court or grand jury
arising out of the investigation, or any proceeding before any
state agency involving the material, has been completed.
(2) No case or proceeding in which the material may be
used has been commenced within a reasonable time after
completion of the examination and analysis of all documentary
material and other information assembled in the course of the
investigation.
(D) Documentary material, answers to written
interrogatories, and oral testimony provided under a civil
investigative demand issued under section 2749.06 of the Revised
Code are not public records and are exempt from disclosure under
section 149.43 of the Revised Code.
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