Lawriter - OAC - 4713-1-05 Sunshine rule.

4713-1-05 Sunshine rule.

(A) A notice of each regular or special meeting of the board shall be filed forthwith by the chairman of the board with the executive director to the board, stating the time, place, and purpose of each regular or special meeting of the board. Any person may obtain such information from the "Ohio State Board of Cosmetology, 1929 Gateway Circle, Grove City, Ohio 43123," as provided in paragraph (B) of this rule or by telephoning (614) 466-3834, or by sending an e-mail as set forth on the web page of the board.

(B) Any person may obtain a reasonable advance written notification of all meetings of the board at which any specific type of public business is to be discussed, or may request notification by annually providing the executive director with self-addressed stamped envelopes suitable for this purpose, or by providing an e-mail address to receive notifications by e-mail.

(C) The staff of the board shall publish the agenda five days before the meeting. Any member of the board wishing to make additions or subtractions to the agenda may do so prior to the meeting and a revised agenda shall be posted.

(D) The agenda may be amended during the meeting to include new subject matter or to enter into an executive session if information to allow for advanced notice of the new subject matter or need for an executive session was not available prior to the scheduled meeting.

(1) Members of the general public shall be permitted to express opinions on the newly introduced subject matter in a manner enabling the board members to consider the opinions during their deliberation of the subject matter.

(2) No vote on new subject matter may be taken at a meeting during which the agenda was amended to allow for the introduction of the subject matter.

(3) An exception to the no vote requirement shall occur when the board votes by two-thirds majority that the subject matter involves an emergency, in which case a vote may take place only after the board allows comments from the interested public as well as debate from board members on the subject.

(4) For purposes of this paragraph, an emergency shall exist if there is a threat to the health, safety and welfare of the board, the licensees or the general public or a pending or imminent court case in which an action needing board approval has suddenly emerged.

(E) The board will regularly communicate to the licensees and public that all monthly board meetings are public meetings and anyone may request the opportunity to speak on any issue of concern during times reserved for public discussion in a meeting. The board will communicate this information primarily through the board web page. The board may set reasonable time limits to be applied equally to all interested members of the public when addressing the board.

(F) The board may adopt, by majority vote, parliamentary procedure guidelines that allow the board members to more efficiently conduct their meetings and to set forth the duties of the board's officers.

(G) The board shall comply with the public records law as set forth in section 149.43 of the Revised Code including the following:

(1) The definition of "record" and of "public record" shall be as set forth in section 149.43 of the Revised Code and shall include electronic as well as paper documents.

(2) All records kept by the board are public unless they are exempt from disclosure under Ohio law or federal law or rules.

(3) No specific language is required to make a public records request and the individual requesting the records is not required to give a name.

(4) The record request must be reasonable.

(5) The board shall make the requested public records available for inspection within a reasonable time. The individual requesting the records may ask them to be copied or e-mailed, faxed or otherwise sent to another place. The board may request an advance payment for the cost of duplicating the public records, if the individual's request involves copying many documents. For the same reason, the individual may be charged the cost of mailing supplies and postage.

(H) Records shall be retained according to a schedule, a copy of which is posted on the board's web page and is available by request from the board.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4713.08(A)(19)
Rule Amplifies: R.C. 121.22(F), R.C. 4713.03
Prior Effective Dates: 1/18/85, 12/17/89, 2/24/91, 1/26/97, 8/11/2008