Chapter 4501:5-2 Identifying State Licenses Presenting Risks If Held By Individual With Terrorist Connection

R.C. 119.032 review dates: 07/29/2011 and 07/02/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 2909.32
Rule Amplifies: R.C. 2909.32
Prior Effective Dates: 4/14/06 (Emer.), 7/2/06

4501:5-2-04 Request to order that prohibitions do not apply.

(A) For purposes of this rule, "applicant" means any person, company, affiliated group, or organization, or any person who has a controlling interest in a company, affiliated group, or organization.

(B) An applicant who is denied precertification, or prohibited from entering into a contract to conduct business or receive funding from the state, instrumentality of the state, or political subdivision of the state due to a positive response or the failure to answer "no" to any question on the declaration regarding material assistance/nonassistance to a terrorist organization, may request the department of public safety to order that the denial of precertification or prohibitions against doing business or receiving funding set forth in section 2909.33 of the Revised Code should not apply.

(C) The applicant's request shall be in writing and shall be sent to the department of public safety.

(D) Upon receipt, the department shall, within thirty days, review the request and make a determination regarding the request to order that the denial of precertification or the prohibitions against doing business or receiving funding should not apply.

(E) The department shall order that the denial of precertification or prohibitions do not apply if there is a determination that all of the following apply:

(1) That the provision of material assistance to an organization on the terrorist exclusion list was made more than ten years prior to the time of the application, or the applicant provided material assistance during the ten years prior to the application and the date of the review, but at the time of the assistance, the organization was either not on the list or was not involved in any activity or conduct that would have merited inclusion on the list had it existed at the time, or at the time of the assistance it was not reasonable to know of the organization's activities that would have merited its inclusion on the list;

(2) That the applicant is unlikely in the future to provide material assistance to any organization on the terrorist exclusion list;

(3) That the applicant does not pose a risk to the residents of this state.

(F) Once the department makes a determination, the department shall notify the applicant and the contracting entity.

(G) If the department determines that the denial of precertification or prohibitions do apply, the department shall provide an opportunity for hearing in accordance with Chapter 119. of the Revised Code. The hearing shall be limited to the issue of whether the applicant can satisfy the requirements of paragraph (E) of this rule.