173-40-05 Receivership.

(A) ODA shall monitor the PAA’s compliance with the terms and conditions of the three-party agreement between ODJFS, ODA, and the PAA, and the two-party agreement between ODA and the PAA.

(B) Should ODA determine that a designated PAA has committed a substantial violation of the terms and conditions of either the three-party agreement between ODJFS, ODA, and the PAA, or the two-party agreement between ODA and the PAA, ODA shall request that a judge of a court of common pleas, or a judge of a probate court with appropriate jurisdiction, place the PAA’s performance of that agreement into either the partial or full receivership of ODA or a receiver designated by ODA. (The request for receivership shall apply only to the functions of the entity as a PAA.)

(C) The court shall define partial or full receivership. The court may define full receivership as substituting the authority of ODA, or a receiver designated by ODA, for the authority of the governing board of the PAA insofar as that authority relates to PASSPORT administration only.

Effective: 01/01/2008

R.C. 119.032 review dates: 10/16/2007 and 10/15/2011

Promulgated Under: 111.15

Statutory Authority: 173.02, uncodified section 213.20 of Am. Sub. H. B. No. 119 (127th G. A.)

Rule Amplifies: Uncodified section 213.20 of Am. Sub. H. B. No. 119 (127th G. A.)

Prior Effective Dates: Eff 11-9-98; 4-17-03