3772-2-05 Delegation of commission authority.

(A) The commission may, in its discretion and where permitted by law, delegate its authority to perform any of its functions under the act to the executive director or to other employees of the commission. Except as provided in paragraph (D) of this rule, such action shall for all purposes be deemed the final action of the commission, without approval, ratification or other further action by the commission.

(B) Any delegation of commission authority shall be effected through the adoption of a formal resolution at a public meeting of the commission. Such resolution shall specify the following, without limitation:

(1) The specific authority delegated;

(2) The employee or employees of the commission to whom such authority is delegated; and

(3) Any limitations or conditions imposed on the authority delegated.

(C) All delegations of authority made pursuant to this section shall remain in effect indefinitely, unless otherwise specified in the implementing resolution. Any delegation of authority previously approved by the commission may be revoked or modified by the commission through the adoption of a subsequent formal resolution.

(D) Any determination by the commission's employees pursuant to delegated authority shall be presented for review by the full commission, upon timely request by any party adversely affected by such determination. Such request shall be in writing, and must be received by the commission within three days after the date of such determination. Any determination by the commission's employees pursuant to delegated authority shall be deemed final unless modified or reversed by the commission.

(E) Notwithstanding any other provision of this section, any matter which has otherwise been delegated to the commission's employees may alternatively be presented to and determined by the full commission on its own motion or at the discretion of the chairperson, or upon the request of the commission's employees.

Effective: 10/12/2011
R.C. 119.032 review dates: 10/12/2016
Promulgated Under: 119.03
Statutory Authority: 3772.03(D)(27) , 3772.033(M)
Rule Amplifies: 3772.06