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 formal action at a public meeting of the commission. Such action 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 rule 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 a subsequent formal action.

(D) Any determination made pursuant to delegated authority may be reviewed by the full commission. Any such determination shall be deemed final unless modified or reversed by the commission.

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

Effective: 10/1/2016
Five Year Review (FYR) Dates: 06/24/2016 and 10/01/2021
Promulgated Under: 119.03
Statutory Authority: 3772.03, 3772.033
Rule Amplifies: 3772.06
Prior Effective Dates: 10/12/2011