4761-2-02 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 4761. of the Revised Code. If the executive director is a licensee of the board, he/she shall not engage in active practice of respiratory care while employed in this position.

(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 (C) of section 4761.09 of the Revised Code, for the purpose of considering a summary suspension of a license.

(3) Approve and issue, by signature authority, initial licenses under section 4761.04 of the Revised Code, limited permits under section 4761.05 of the Revised Code and non-resident registrations under division (A)(4) of section 4761.11 of the Revised Code. The executive director must follow the rules adopted by the board under rules 4761-4-01, 4761-5-01, 4761-5-04, 4761-5-05nd4761-6-01 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 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) Authorize the executive director to employ office staff and contract for services as necessary to carry out its responsibilities under Chapter 4761. of the Revised Code. The executive director may hire, discipline, or terminate board staff in accordance with the Ohio civil service employees association, AFSCME local 11, contract with the state of Ohio.

(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 expenditure 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.

Five Year Review (FYR) Dates: 10/28/2015 and 11/01/2017
Promulgated Under: 119.03
Statutory Authority: 4761.03, 4761.03(A)(5)
Rule Amplifies: 4761.02, 4761.03, 4761.03(A)(5)
Prior Effective Dates: 3/10/1990, 1/31/1992, 5/2/1996, 3/26/2001, 05/23/2005