3701-60-05 Conditional employment.

(A) A HHA may employ an applicant conditionally prior to obtaining a criminal records check regarding the applicant if the following requirements are met:

(1) The HHA shall not employ an applicant prior to obtaining the completed form(s) and fingerprint impression sheet(s) from the applicant as required in paragraph (F) of rule 3701-60-04 of the Administrative Code. For purposes of this prohibition, the applicant cannot perform or participate in any job related activity pertaining to a position involving the provision of direct care to an older adult that places the applicant in an active pay status or perform or participate in any job related activity pertaining to a position involving the care, custody or control of a child that places the applicant in an active pay status.

(2) The HHA shall initiate the process of obtaining a criminal records check, by submitting the request to BCII not later than five business days after the individual begins conditional employment.

(B) The HHA shall terminate the individual’s conditional employment if:

(1) In the case of an applicant for a position involving the direct care of an older adult, the results of the records check, other than the results of any request for information from the FBI, are not obtained within thirty days after the date the request is made; or

(2) The results or any part of the records check indicate that the individual has been convicted of or pleaded guilty to any of the offenses listed or described in paragraph (A) of rule 3701-60-06 of the Administrative Code, unless the HHA chooses to employ the applicant pursuant to rule 3701-60-07 of the Administrative Code.

(C) Termination under paragraph (B) of this rule shall be considered just cause for discharge for purposes of division (D)(2) of section 4141.29 of the Revised Code if the individual makes any attempt to deceive the HHA about the individual’s criminal record.

Effective: 11/12/2007

R.C. 119.032 review dates: 08/28/2007 and 08/01/2012

Promulgated Under: 119.03

Statutory Authority: 3701.881

Rule Amplifies: 3701.881

Prior Effective Dates: 7/24/1997 (Emer.), 10/24/97