If any school district financial planning and supervision commission fails to submit to the director of education and workforce under section 3316.06 of the Revised Code a financial recovery plan that is acceptable to the director of education and workforce, or if the director of education and workforce and the director of budget and management find that a commission is not materially complying with the provisions of its financial recovery plan, the directors may jointly dissolve the financial planning and supervision commission and jointly appoint an individual to act as the fiscal arbitrator of the district.

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When a financial planning and supervision commission is dissolved under this section, the commission ceases to exist and the appointed fiscal arbitrator becomes the successor to the commission. A fiscal arbitrator appointed under this section has all of the rights, powers, and duties given by this chapter to the commission that the arbitrator succeeds. A reference in any statute, rule, contract, or other document to a school district financial planning and supervision commission is deemed to refer to a fiscal arbitrator appointed under this section.

Business commenced but not completed by a commission when it is dissolved under this section shall be completed by the appointed fiscal arbitrator with the same effect as if completed by the commission. No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the dissolution of the commission and appointment of a fiscal arbitrator, but shall be administered by the arbitrator.

The director of education and workforce shall issue guidelines establishing the criteria that the directors will utilize in selecting qualified fiscal arbitrators under this section.