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Ohio Laws and Rules
As used in Chapter 4765-2 of the Administrative Code:
(A) “Board chairman” means the member of the board who is selected annually to serve as chair pursuant to section 4765.02 of the Revised Code.
(B) “Disputant” means a person who disputes the accuracy, relevance, timeliness, or completeness of personal information maintained by the board in any personal information system.
(C) “Personal information” means any information that describes anything about a person, including actions done by or to such person, that can be retrieved from a system.
(D) “System” means any collection or group of related records that are kept in an organized manner, that are maintained by the board, and from which personal information can be retrieved by the name of the person or by some identifying number, symbol, or other identifier assigned to the person and which is subject to Chapter 1347. of the Revised Code.
(E) “Vice chairman” means the member of the board who is selected annually to serve as vice-chair pursuant to this chapter.
R.C. 119.032 review dates: 01/12/2004 and 01/12/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4765.11
Rule Amplifies: R.C. 4765.02, 4765.04, 4765.06, 4765.10
Prior Effective Dates: 10/1/95, 4/28/02
(A) The board shall annually select from among its members a board chairman and a vice chairman. Nomination and election of a board chairman and vice chairman shall be made at the last regularly scheduled board meeting of the calendar year. Newly elected officers shall assume their duties on the first day of January of the next calendar year for a term lasting through the end of that year. Any vacancies occurring during the term shall be filled by the board at the next regularly scheduled meeting of the board, or at an earlier meeting called for the purpose of filling the vacancy. No member may serve more than two consecutive terms as board chairman or vice chairman.
(B) The board chairman shall preside at all meetings of the board. In the absence of the board chairman, the vice chairman shall preside at meetings of the board. The board chairman may assign such other duties to the vice chairman as the deems necessary to assist in board operations. In the absence of the chairman and the vice chairman the members of the board may designate a board members as acting chair.
(C) The board shall hold regular meetings at the call of the board chairman at least four times annually, and as often as necessary to carry out its duties. The board chairman shall call a board meeting on the request of the administrator or the state medical director, or on the written request of ten members of the board.
(D) All meetings of the board, the firefighter and fire safety inspector training committee established in section 4765.55 of the Revised Code, other subcommittees and special committees created by the board pursuant to this chapter, shall be conducted in accordance with the most recent edition of “Roberts Rules of Order”.
(E) Ten members of the board shall constitute a quorum. No action shall be taken without the concurrence of ten members of the board. Board members who are unable to attend a scheduled meeting of the board shall provide advance notice to the administrator or his designee.
(F) Board meetings shall be held in locations determined appropriate by the administrator.
R.C. 119.032 review dates: 01/12/2004 and 01/12/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4765.11
Rule Amplifies: R.C. 4765.02
Prior Effective Dates: 10/1/95, 2/22/99, 5/29/03
(A) In addition to the firefighter and fire safety inspector training committee established in section 4765.55 of the Revised Code, the board may create such other subcommittees or special committees as it determines necessary to carry out its functions and responsibilities.
(B) The board chairman shall recommend a member of the board to serve as chairman of subcommittees or special committees created pursuant to this chapter. The terms of chairmen shall be for one year.
(C) The board may appoint members of the public, appropriate state and local agencies of government, EMS organizations, and other interested parties to serve as members of each subcommittee and special committee created pursuant to this chapter. Subcommittees shall consist of no fewer than three and no more than fifteen voting members. Special committees may be of such size as determined appropriate by the board.
(D) When making appointments to subcommittees and special committees the board shall make a good faith effort to insure educational, professional, cultural and geographical diversity, and to afford adequate representation for those individuals or groups with an interest in, or who would be affected by, the substantive work of the subcommittee or special committees.
(E) The board chairman shall appoint members of any subcommittees created pursuant to this chapter with the approval of the board.
(F) No more than two representatives of any organization, profession, or specialty authorized by section 4765.02 of the Revised Code to provide nominations for appointment of board members, may represent that organization, profession, or specialty as voting members of subcommittee, or special committee. Upon the request of a subcommittee, or special committee chairman, the board may waive this provision with an affirmative vote of ten members.
(G) Terms of appointment to subcommittees or special committees shall be for three years. Members may serve a total of not more than two terms, or six conservative years, on a subcommittee or special committee.
(H) Subcommittees and special committees shall meet at the call of the chairman and at such locations as determined appropriate by the executive director.
(I) A majority of the voting members of a subcommittee or special committee shall constitute a quorum. No action shall be taken by a subcommittee or special committee without the concurrence of a majority of its voting members.
(J) Each subcommittee or special committee shall designate a member as a recording secretary who shall submit to the administrator written minutes of proceedings within two weeks after each meeting.
(K) The chairman of the firefighter and fire safety inspector training committee of the board, created in section 4765.55 of the Revised Code, shall annually advise the administrator in writing of the names and affiliations of the members of such committee. If, pursuant to section 4765.55 of the Revised Code, any member of the committee other than the chairman exercises his right to designate another person to serve in his place, the committee chairman shall also advise the administrator in writing of the names and affiliations of such designees.
(L) Except as provided in section 4765.55 of the Revised Code, the board has complete discretion to create, establish, restructure, or discontinue subcommittees and special committees, and to appoint or remove their members, as it determines necessary or appropriate.
R.C. 119.032 review dates: 01/12/2004 and 01/12/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4765.11
Rule Amplifies: R.C. 4765.04, 4765.10
Prior Effective Dates: 10/1/95, 2/22/99, 5/29/03
(A) Prior to adoption, amendment, or rescission of any rule, other than an emergency rule authorized by executive order, the board shall give public notice in accordance with section 119.03 of the Revised Code, of its intention to consider adopting, amending, or rescinding such rule or rules. The content of such public notice shall conform to the requirements of section 119.03 of the Revised Code.
R.C. 119.032 review dates: 01/12/2004 and 01/12/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4765.11
Rule Amplifies: RC 119.03
Prior Effective Dates: 6/15/95 (Emer.), 9/13/95, 4/28/02
(A) Any person may obtain information regarding the time and location of all regularly scheduled meetings and information regarding the time, location, and purpose of any special meetings of the board, its subcommittees, and special committees. Requests for notice of meetings may be submitted to the division of EMS in written form, or may be made in person during regular business hours.
(B) Written request for notice of meetings may be general in nature or may be specific to meetings where a particular type of business will be considered. Such requests shall include the name of the person submitting the request, any organization with which he is affiliated, mailing address, telephone number, and whether notice is sought for all or specified types of meetings. Notice requests submitted pursuant to this paragraph shall include either:
(1) Fifteen self-addressed envelopes with appropriate postage affixed; or
(2) A reasonable postage fee as determined annually by the board.
(C) The board shall provide twenty-four hour advance notice of special meetings of the board, subcommittees; and special committees to representatives of news organizations who have submitted written requests for such notice to the division of EMS. In the event that an emergency meeting is scheduled and twenty-four hour notice is not possible, the board shall notify those representatives of news organizations who have requested notice in accordance with this paragraph, as soon as is reasonably possible after such meeting is scheduled. The notice requested by representatives of news organizations pursuant to this rule may be general or specific in nature.
R.C. 119.032 review dates: 01/12/2004 and 01/12/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4765.11
Rule Amplifies: R.C. 4765.04, 4765.10
Prior Effective Dates: 10/1/95, 2/22/99
(A) In accordance with section 1347.05 of the Revised Code, the board shall appoint a privacy officer who shall be directly responsible for the personal information system operated or maintained by the board. Responsibilities of the privacy officer or the privacy officer’s designee include, but are not limited to, the following:
(1) Receive all correspondence or inquiries related to personal information or the system;
(2) Inform each board employee who has any responsibility for the operation or maintenance of the system, or for the use of personal information maintained in the system, of the applicable provisions of Chapter 1347. of the Revised Code, and any applicable rules adopted thereunder;
(3) Monitor the accuracy, relevance, timeliness, and completeness of the personal information in the system and, in accordance with procedures established by the board, maintain the personal information in the system with the accuracy, relevance, timeliness, and completeness that is necessary to assure fairness in any determination made with respect to a person on the basis of information contained within the system;
(4) Assure the collection, maintenance, and use of only personal information that is necessary and relevant to functions the board is required or authorized to perform by statute or rule, and the elimination of such information from the personal information system when it is no longer necessary or relevant to functions of the board;
(5) Assure that the board does not place personal information in an interconnected or combined system, or use personal information that is placed in an interconnected or combined system by another state or local agency or another organization, unless the interconnected or combined system will contribute to the efficiency of the involved agencies in implementing programs that are authorized by law;
(6) Assure that the board does not use personal information placed in an interconnected or combined system by another state or local agency or another organization unless the personal information is necessary and relevant to the performance of a lawful function of the board.
(7) Provide a person who is 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 the other agencies or organizations that have access to the information in the system.
(B) The board shall inform a person who is asked to supply personal information for the system whether such person is legally required, or may refuse, to supply the information.
(C) The board shall allow a person who is the subject of any record in the personal information system to inspect the record and dispute any information contained therein, in accordance with section 1347.08 of the Revised Code. Upon the request of such person, the board shall:
(1) Inform the person of any personal information in the system of which the person is the subject;
(2) Except as provided in divisions (C), (E)(2), and (F) of section 1347.08 of the Revised Code, permit the person, the person’s legal guardian, or an attorney who presents a signed, written authorization made by the person, to inspect all personal information in the system of which such person is the subject;
(3) Inform the person about the types of uses made of the personal information, including the identity of any user typically granted access to the system;
(4) Allow a person who wishes to exercise a right provided by this chapter to be accompanied by another individual of such person’s choice;
(5) Upon the payment of a reasonable charge as established by the board, provide copies of any personal information the person is authorized to inspect.
(D) The board shall investigate disputes as to the accuracy, relevance, timeliness, or completeness of personal information in accordance with section 1347.09 of the Revised Code.
(1) Any person who is the subject of personal information in a system who disputes the accuracy, relevance, timeliness, or completeness of the personal information may request that the board investigate the current status of the information.
(2) Within ninety days after receiving the request from the disputant, the board shall:
(a) Make a reasonable investigation to determine whether the disputed information is accurate, relevant, timely, and complete;
(b) Notify the disputant of the results of the investigation;
(c) Advise the disputant of any action the board plans to take with respect to the disputed information.
(3) The board shall delete any information that it cannot verify or that it finds to be inaccurate.
(4) If, after the board’s determination in accordance with this rule, the disputant is not satisfied, the board shall do either of the following:
(a) Permit the disputant to include within the system, a brief statement of the disputant’s position on the disputed information;
(b) Permit the disputant to include within the system, a notation that the disputant protests that the information is inaccurate, irrelevant, outdated, or incomplete.
(5) The board may limit the statement of a disputant to not more than one hundred words if it assists the disputant to write a clear summary of the dispute.
(6) The board shall retain a copy of the disputant’s statement of dispute.
(E) The board shall include a statement or notation made by a disputant in accordance with paragraph (D)(4) of this rule in any subsequent transfer, report, or dissemination of the disputed information and may include with the disputant’s statement or notation, a statement by the board that it has reasonable grounds to believe that the dispute is frivolous or irrelevant, and the reasons for that belief.
(F) For purposes of paragraph (E) of this rule, the presence of contradictory information in a disputant’s file does not alone constitute reasonable grounds to believe that the dispute is frivolous or irrelevant.
(G) Following any deletion of information that is found to be inaccurate or the accuracy of which can no longer be verified, or if a statement of dispute was filed by a disputant in accordance with paragraph (D)(4) of this rule, the board shall, at the written request of the disputant, furnish notification that the information has been deleted, or furnish a copy of the disputant’s statement of the dispute, to any person specifically designated by the disputant. The board shall inform a disputant that the disputant has the right to make such a request.
R.C. 119.032 review dates: 01/12/2004 and 01/12/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4765.11
Rule Amplifies: RC 1347.05
Prior Effective Dates: 10/1/95, 4/28/02