123:5-3-02 Certification of a community rehabilitation program.

(A) Any community rehabilitation program seeking certification as a qualified nonprofit agency pursuant to section 125.064 of the Revised Code, shall apply to the administrator of the office. The community rehabilitation program shall make the application on a form provided by and in a manner prescribed by the office.

(B) To demonstrate that a community rehabilitation program applying for certification meets the criteria set forth in division (A) of section 125.60 of the Revised Code; the community rehabilitation program must provide the administrator with the following information:

(1) A completed application with the duly notarized signature of its chief executive office, and

(2) A legible copy of certification by the Ohio secretary of state indicating that the community rehabilitation program is a nonprofit corporation according to sections 1702.10 and 1702.58 of the Revised Code, and

(3) A legible copy of a letter of determination issued by the United States internal revenue service indicating the community rehabilitation program's status as a tax exempt entity, and

(4) A legible copy of a current, valid certificate issued to the community rehabilitation program by the United States government, department of labor, wage and hour division, permitting the payment of wages that are commensurate to the productivity of an individual with a work limiting disability if applicable, and

(5) A statement of assurance , with the duly notarized signature of its chief executive officer, or current and ongoing compliance with all applicable occupations health and safety laws, rules, standards, and codes promulgated by the federal government and this state, and

(6) A statement of assurance, with the duly notarized signature of its chief executive officer, that the annual total of all direct labor furnished by the community rehabilitation program in the manufacture of goods and provisions of services whether or not related to the federal or state government set aside programs, is at a quota of not less than seventy five per cent provided by persons with work limiting disabilities as defined by section 125.60 of the Revised Code.

(a) Direct labor provided at any work site is separate from the community rehabilitation program's primary address, and is performed between the hours of seven a.m. and eleven p.m.; Be at a cumulative annual quota of not less than sixty per cent provided by persons with work limiting disabilities.

(b) Direct labor provided at any work site that is separate from the community rehabilitation program's address, and is performed between the hours of one minute after eleven p.m. and six fifty-nine a.m. is exempt from consideration when computing compliance to the specific work site quota, or the cumulative annual quota requirements regarding the provision of labor by persons with work limiting disabilities.

(c) Direct labor provided at any work site that is separate from the community rehabilitation program's primary address, and is performed during the first sixty days of a newly awarded contract is exempt from consideration when computing the compliance to individual site quota requirements of provision of labor by persons with work limiting disabilities as defined by section 125.60 of the Revised Code. This exemption does not apply or modify the requirement of division (C) (6) (a) of that section regarding compliance with the annual quota of direct labor provided by persons with work limiting disabilities.

(C) Upon receipt, review and approval of the information required, the administrator shall certify a community rehabilitation program that demonstrated to the satisfaction of the administrator, that the community rehabilitation program met the certification criteria for a qualified nonprofit agency. The administrator shall inform each community rehabilitation program of a decision, in writing. If the administrator determines that a community rehabilitation program did not adequately demonstrate that the program met the certification requirements as set forth in this section, the administrator shall state the basis for the decision in writing to the affected community rehabilitation program.

(D) A qualified nonprofit agency's certification, which was issued pursuant to this section, may be suspended or revoked by the administrator if any of the following circumstances occur:

(1) The community rehabilitation program no longer meets the criteria set forth in this section, and in sections 125.60 to 125.6012 of the Revised Code, or

(2) The administrator determines that the community rehabilitation program is not adequately performing its responsibilities pursuant to all applicable contract terms, or

(3) The community rehabilitation program fails to timely provide the office with any reports required pursuant to rules 123:5-3-05 and 123:5-3-05 of the Administrative Code.

(E) Suspension or revocation of certification as a qualified nonprofit agency pursuant to sections 125.60 to 125.6012 of the Revised Code, may cause the immediate cancellations of all contracts or agreements to purchase products or services from the community rehabilitation program.

(F) A qualified nonprofit agency seeking renewal or a certification may make application up to ninety days prior to expiration of the three-year certification period on a form and in manner prescribed by the office.

(G) The administrator's determinations concerning certification are final.

Effective: 01/01/2007
R.C. 119.032 review dates: 01/01/2012
Promulgated Under: 119.03
Statutory Authority: 125.603
Rule Amplifies: 125.60 , 125.603 , 125.604