Person With an Unresolved Finding for Recovery

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Certified SearchCertified Search
to perform a certified search, as required by ORC 9.24, to verify that the person to who you plan to award a contract does not appear in the database.

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to perform a general search of the database, if you are not required by law to show certification.

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Findings for Recovery List Database Search

Related Information

Auditor of State Bulletin 2003-009 (pdf)
Auditor of State Bulletin 2004-006 (pdf)

How to resolve your finding for recovery

Ohio Revised Code (ORC) section 9.24 prohibits a state agency or political subdivision from awarding a contract for goods, services or construction, which is paid for in whole or in part with state funds, to a person against whom a finding for recovery has been issued by the Auditor of State, if the finding for recovery is unresolved.

This section defines a finding for recovery as “a determination issued by the Auditor of State, contained in a report the Auditor of State gives to the Attorney General pursuant to section 117.28 of the Revised Code, that public money has been illegally expended, public money has been collected but not been accounted for, public money is due but has not been collected, or public property has been converted or misappropriated.”

The Auditor of State is to maintain a database listing all persons with unresolved findings for recovery issued since January 1, 2001. Before awarding a contract for goods, services or construction, paid for in whole or in part with state funds, a state agency or political subdivision is required to verify that the person does not appear in the Auditor of State’s database.

Division (D) of ORC 9.24 requires the database to be updated on a quarterly basis to reflect findings that have been resolved, based on reports received from the Attorney General. However, the Auditor of State and Attorney General have agreed to a process to update the database as soon as possible after a finding has been resolved. A finding for recovery will not be reflected in the Auditor of State’s database as resolved until written notification of the resolution is received from the Attorney General.

ORC 9.24 (B) provides that a finding for recovery is unresolved unless any of the following criteria applies:

  1. The money identified in the finding for recovery is paid in full to the state agency or political subdivision to whom the money was owed;
  2. The debtor has entered into a repayment plan that is approved by the Attorney General and the state agency or political subdivision to whom the money identified in the finding for recovery is owed. A repayment plan may include a provision permitting a state agency or political subdivision to withhold payment to a debtor for goods, services, or construction provided to or for the state agency or political subdivision pursuant to a contract that is entered into with the debtor after the date the finding for recovery was issued.
  3. The Attorney General waives a repayment plan described in division (2) of this section for good cause;
  4. The debtor and state agency or political subdivision to whom the money identified in the finding for recovery is owed have agreed to a payment plan established through an enforceable settlement agreement.
  5. The state agency or political subdivision desiring to enter into a contract with a debtor certifies, and the Attorney General concurs, that all of the following are true:
    • (a) Essential services the state agency or political subdivision is seeking to obtain from the debtor cannot be provided by any other person besides the debtor;
    • (b) Awarding a contract to the debtor for the essential services described in division (5)(a) is in the best interest of the state;
    • (c) Good faith efforts have been made to collect the money identified in the finding of recovery.
  6. The debtor has commenced an action to contest the finding for recovery and a final determination on the action has not yet been reached.

As mentioned above, the Auditor of State’s database of unresolved findings for recovery is to be updated based on reports received from the Attorney General, and a finding for recovery will not be reflected in the Auditor of State’s database as resolved until written notification of the resolution is received from the Attorney General. Consequently, any person who wishes to dispute or resolve a finding for recovery should contact the Attorney General’s Office at (614) 644-4900.