(A) For the purposes of division (B)(3)(c)(v) of section 4141.01 of the Revised Code, an individual is deemed to be in a "major nontenured policymaking or advisory position" when the following factors are met:
(1) The individual serves:
(b) As a member of the board or commission to which the individual was appointed by the governor subject to the advice and consent of the senate;
(2) The individual is not in the classified service of the state.
(B) Only individuals meeting all of the factors in this rule may be determined to be in a "major nontenured policymaking or advisory position." If the director determines that all of the factors in this rule have not been met, then the individual shall be determined to be in employment for purposes of Chapter 4141. of the Revised Code.