Lawriter - OAC - 4761:1-2-02 Personnel.

4761:1-2-02 Personnel.

The board shall:

(A) Employ an executive director who shall be the chief administrative officer of the board. The executive director shall be in the unclassified service of the state and shall be responsible for the daily activities of the board's office staff. The executive director shall assist the board in the administration and enforcement of Chapter 4752. of the Revised Code. The executive director shall not be an owner, partner, or employee of a home HME provider licensed or registered under Chapter 4752. of the Revised Code.

(B) The executive director of the Ohio respiratory care board may, on behalf of the board, perform the following duties:

(1) Approve and issue, by signature authority, subpoenas pursuant to an investigation;

(2) Approve and issue, by signature authority, opportunity for hearing notices that have been reviewed, moved and approved by majority vote of a quorum of the board during an open business meeting and allegations and opportunity for hearing notices moved and approved by the board during a telephonic conference pursuant to division (B) of section 4752.09 of the Revised Code, for the purpose of considering a summary suspension of a license; and

(3) Approve and issue, by signature authority, initial and renewal HME licenses under section 4752.05 of the Revised Code and initial and renewal HME certificates of registration issued under section 4752.12 of the Revised Code. The executive director must follow the rules adopted by the board under rules 4761:1-5-01, 4761:1-5-02, 4761:1-6-01, and 4761:1-6-02 of the Administrative Code when determining an applicant's qualification for issuance of the authorization to practice. Any application containing information indicating that the applicant is not fit to be licensed or certified shall be held and reviewed by the board's probable review committee. If authorized for release by the committee, the executive director may issue the appropriate authorization to practice. The probable review committee may defer any application directly to the full board.

(C) The executive director may hire, discipline, or terminate board staff in accordance with the Ohio civil service employee association, AFSCME local 11, contract with the state of Ohio and contract for services as necessary to carry out its responsibilities under Chapter 4752. of the Revised Code.

(D) The executive director may manage the staff and board resources as required to meet the obligations, goals and objectives of the agency. The executive director must report on the status of the agency at each regular board meeting, including fiscal, licensing and personnel status. All expenditures shall be monitored and reported to the board at each regular board meeting. Capital expenditures in excess of five hundred dollars must be approved by the board.

Effective: 12/31/2016
Five Year Review (FYR) Dates: 09/18/2015 and 12/31/2018
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(2), 4752.17(A)(11)
Rule Amplifies: 4752.17(A)(2), 4752.17(A)(11)
Prior Effective Dates: 5/23/05, 10/26/09