Chapter 4759-1 General Provisions

4759-1-01 Public notice of rule adoption.

(A) Prior to adoption, amendment or rescission of any rule, except an emergency rule, the Ohio board of dietetics shall give public notice thereof as provided by section 119.03 of the Revised Code, at least thirty days prior to the date set for the public hearing. The board shall provide persons who are subject to, or may be affected by, the rules with reasonable notice by publication of that notice in the register of Ohio. Such notice shall contain a synopsis or general statement of the rule or rules to be adopted, amended, or rescinded, and the date, time, and place of the hearing on the proposed action.

(B) The board may give whatever other notice it reasonably considers necessary by mailing or faxing the notice one time to the following persons or organizations:

(1) Notice shall be sent to any person or organization included on the board's subscriber list during the past five years.

(2) Notice shall be sent to "The Ohio Academy of Nutrition and Dietetics" and such of their affiliate district associations as registered with the board.

(C) The board may post the notice on the board's web-site as well as the full text of the proposed rules to be adopted, amended, or rescinded.

(D) The board may post the notice in the board's newsletter.

(E) Copies of the notice of the public hearing and the full text of the proposed rules shall be available at the board's offices at least thirty days prior to the date of the public rules hearing.

(F) The board may assess a reasonable fee, not to exceed the cost of copying and mailing, for notices sent to persons in accordance with this rule.

Effective: 04/01/2013
R.C. 119.032 review dates: 12/18/2012 and 12/18/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 119.03 , 4759.05(A)
Prior Effective Dates: 7-27-87 (Emer.); 11-30-87; 3-15-03

4759-1-02 Notice of board meetings.

(A) Any person may ascertain the time and place of all regularly scheduled meetings of the Ohio board of dietetics, and the time, place, and purpose of all special meetings of the board by any one of the following methods:

(1) Calling the board office by telephone during normal business hours (no collect calls will be accepted under any circumstances);

(2) Contacting the board office in person during normal business hours; or

(3) Providing the board with a written request for such notification and with a stamped self-addressed business-size envelope.

(4) Checking the board's website at www.dietetics.ohio.gov.

(B) Any person or organization who makes written request for routine notification of all regularly scheduled and special meetings of the board, shall be placed on the subscriber list maintained in the board office. Subscribers shall provide the board with one self-addressed stamped business-size envelope for each month during the time period that they wish to be notified. After the requested notification period has ended, such notification will cease, unless it is renewed in the manner set forth in this paragraph.

(1) Notices will be electronically disseminated at least seven calendar days prior to any regularly scheduled meeting, and at least four calendar days prior to any special meeting, unless the meeting is an emergency meeting. Notices of special meetings will include the type of business to be discussed.

(2) It is the responsibility of the person requesting notification to keep the board informed in writing of changes in the person's current mailing address.

(3) The obligation of the board under paragraph (B) of this rule to each person or organization fully complying with said requirements shall be deemed fully discharged with the mailing of notification to the most current mailing address and name on file with the board for this purpose, as of seven days prior to the particular regularly scheduled meeting.

(C) A representative of a news media organization, or of the business office of " The Ohio Academy of Nutrition and Dietetics," may receive notification of board meetings by making written request to the board office. The board will compile a mailing list and will mail notification of all regularly scheduled and special meetings to these representatives at their business addresses in accordance with the schedule in paragraph (B)(1) of this rule.

(1) Provided that not more than one representative of a radio or television station, newspaper, or other publication or of " The Ohio Academy of Nutrition and Dietetics" may receive such notification.

(2) It is the responsibility of the news media organization or "The Ohio Academy of Nutrition and Dietetics" to notify the board in writing of changes in the name or mailing address of the recipient of such information.

(3) Notification under paragraph (C) of this rule will remain in effect for one year from the date of the written request after which time the name of the organization will be removed from the mailing list unless the request is renewed in writing.

(4) The obligation of the board under paragraph (C) of this rule to each organization fully complying with said requirements shall be deemed fully discharged with the mailing of notification to the most current address and name on file with the board for this purpose, as of seven days prior to the particular regularly scheduled meeting, or four days prior to the particular special meeting.

(D) A representative of a news media organization may obtain telephone notification of emergency board meetings by making a written request to the board, including the name of the individual to be contacted, the individual's mailing address, and a maximum of two telephone numbers where the individual can be reached. The board will maintain a list of all representatives of the news media who request telephone notice of emergency meetings.

(1) In the event of an emergency meeting, the board shall immediately notify by telephone all represenatives on the list of such meeting.

(2) Such telephone notice shall be complete if a message has been left for the media representative or if, after a reasonable effort, the board has been unable to provide such telephone notice.

(3) The media representative's name shall remain on the telephone notification list for one year from the date of the written request, after which time it will be removed unless the request is renewed in writing.

(4) It shall be the responsibility of the media representative or the media representative's organization to inform the board of any changes in telephone number or in the name of the person to be notified.

(E) The failure of any individual, organization, or organization representative to comply with the above requirements shall relieve the board of any obligation to provide advance notice of any kind of any public meeting to that individual, organization, or organization representative.

Effective: 04/01/2013
R.C. 119.032 review dates: 12/18/2012 and 12/18/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 121.22(F) , 4759.04
Prior Effective Dates: 11/30/87; 2/9/98; 3/15/03

4759-1-03 Personal information systems.

(A) The board shall appoint one employee to be directly responsible for each personal information system maintained by the board. Said employee shall:

(1) Inform all employees who have any responsibility for the operation or maintenance of said system or the use of personal information maintained in the system, of the applicable provisions of Chapter 1347. of the Revised Code and rules adopted thereunder; and

(2) Inform all persons requested to supply personal information for a system whether or not the person is legally required to provide such information; and

(3) Restrict the collection, maintenance, and use of personal information to only that which is necessary and relevant to functions of the board as required or authorized by statute or rule; and

(4) Provide all persons asked to supply personal information that will be placed in an interconnected or combined system, with information relevant to the system, including the identity of all other agencies or organizations that have access to the system; and

(5) Allow a person who is the subject of a record in a personal information system to inspect the record pursuant to section 1347.08 of the Revised Code. Upon the request and verification that the person requesting access to the record is the subject of information contained in the system, the employee shall:

(a) Inform the person of any personal information in the system of which the person is subject;

(b) Permit the person or the person's legal guardian, or an attorney who presents a signed authorization made by the person, to inspect all personal information in the system of which the person is subject, except where prohibited by law;

(c) Inform the person of the uses made of the personal information and identify other users who have access to the system;

(d) Allow a person who wishes to exercise rights as provided by this rule to be accompanied by one individual of that person's choice;

(e) Provide, for a reasonable charge, copies of any personal information the person is authorized to inspect; and

(6) Investigate disputes concerning the accuracy, relevance, timeliness, or completeness of personal information pursuant to section 1347.09 of the Revised Code and paragraph (D) of this rule.

(B) The board shall reprimand in writing any employee who initiates or otherwise contributes to any disciplinary or other punitive action taken against another individual who brings attention to the appropriate authorities, the press, or a member of the public, any evidence of unauthorized use of any material contained in the personal information system. A copy of the reprimand shall be entered in the employee's personal file.

(C) The board shall monitor its personal information system by:

(1) Maintaining the personal information system with the accuracy, relevance, timeliness, and completeness necessary to assure fairness in any determination made by the board which is based on information contained in the system; and

(2) Eliminating unnecessary information from the system.

(D) The board shall investigate, upon request, the accuracy, relevance, timeliness, or completeness of personal information which is disputed by the subject of a record contained in the system, within ninety days after receipt of a request from the disputant; and

(1) Notify the disputant of the results of the investigation and any action the board intends to take with respect to the disputed information; and

(2) Delete any information the board cannot verify or finds to be inaccurate; and

(3) Permit the disputant, if the disputant is not satisfied with the determination made by the board, to include within the system:

(a) A brief statement of the person's position on the disputed information; or

(b) A brief statement that the person finds the information in the system to be inaccurate, irrelevant, outdated, or incomplete; and

(4) The board shall maintain a copy of all statements made by the disputant.

(E) The board shall not place personal information into an interconnected and combined system, unless said system contributes to the efficiency of the agencies or organizations authorized to use the system in implementing programs which are required or authorized by law.

(F) The board shall not use personal information placed into an interconnected or combined system by another state or local agency or organization, unless the personal information is necessary and relevant to the performance of a lawful function of the board.

(G) The board shall make available, upon request, all information concerning charges made by the board for reproduction of materials contained in its personal information system.

R.C. 119.032 review dates: 12/20/2012 and 12/20/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 1347
Prior Effective Dates: 11/30/1987