3701-60-08 Records and reports.

(A) Criminal record check disclosure. The report of the criminal records check conducted pursuant to a request made under this chapter is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following:

(1) The individual who is the subject of the criminal records check or the individual’s representative;

(2) The chief administrator of the HHA requesting the criminal records check or the administrator’s representative;

(3) Any court, hearing officer or other necessary individual involved in a case dealing with the denial of employment of the applicant.

(B) Personnel record. The HHA shall maintain the criminal records report in a confidential manner either sealed within, or separate from, but a part of the personnel record.

(C) Attestation. The HHA shall, upon request, provide to the director, written confirmation of compliance with the provisions of this rule in a format that is specified by the director and is consistent with state law.

(D) Documentation of compliance. The HHA shall maintain an applicant log separate from the personnel record which shall be accessible to the director and shall contain the following information:

(1) The name of each applicant;

(2) Application date;

(3) The date the applicant starts work;

(4) The date the criminal records check request is submitted to BCII;

(5) The type(s) of criminal records checks required (BCII, FBI, or both);

(6) The date(s) the BCII and FBI checks are received or, for referred applicants or applicants employed pursuant to a contract, the date a copy of the report of the criminal records check is provided to the HHA for its records;

(7) The date the report is completed by BCII, “date of original record check”.

(8) Whether the applicant was hired pursuant to the personal character standards or the rehabilitation standards listed in rule 3701-60-07 of the Administrative Code;

(9) Final disposition of the applicant; and

(10) Whether the applicant was terminated pursuant to paragraph (B)(1), paragraph (B)(2) or paragraph (C) of rule 3701-60-05 of the Administrative Code.

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