Lobbying Registration and Appearances Before Executive Agencies

In what circumstances should one register as an Executive Agency Lobbyist if that person is compensated and appears before a state agency on behalf of another entity?  §121.60 of the O.R.C. defines executive agency lobbying as attempts to affect the outcome of:

  • Decisions of a state agency involving the expenditure of state funds with respect to the award of a contract, grant, lease, or other financial arrangement under which such funds are distributed or allocated or
  • Regulatory decisions.

The O.A.C. in §101-11-01 excludes from the definition of executive agency lobbying activity:

  • The award of a competitively bid contract by an agency which received at least three eligible competitive bids.

Further, O.A.C. §101-11-01 defines regulatory decision as:

  • decisions by an executive agency, board or commission that is broad or universal in its application and applies generally to all persons under the jurisdiction of the agency, board or commission.   Regulatory decision does not include those decisions made solely with respect to one or more persons named in a particular case or similar matter.

For example, Lobbyist A was hired by ACME, Corp. to appear before the Department of Taxation to resolve a dispute involving the withholding of sales tax by ACME, Corp. for purchases made over the internet.  Registration is not required for Lobbyist A to appear before the Department of Taxation because the decision would only affect ACME, Corp.    

In contrast, Lobbyist A was hired by ACME, Corp. to appear before the Department of Taxation to address various rules being promulgated as they relate to the withholding of sales tax for all purchases made over the internet.  Registration is required for Lobbyist A to appear before the Department of Taxation because the decision would affect ACME, Corp and all others similarly situated.