Chapter 4765-2 Public Notices and Meetings

4765-2-01 Definitions.

As used in this chapter:

(A) "Ad hoc committee" means a group of designated individuals appointed by the board, to serve as a small deliberative assembly, which is intended to remain subordinate to the board. An ad hoc committee is tasked with a special project or issue, and is disbanded when the project is complete or the issue is resolved. An ad hoc committee shall present its recommendations or findings to the full board.

(B) "Committee" means group of designated individuals appointed by the board with a prescribed set of skills and knowledge, which serves as a small deliberative assembly. Each committee of the board is established as a means to accomplish the board duties as set forth in this chapter. A committee's functions include governance of a specific decision making issue, coordination of individuals from specialty realms, research and recommendations on specific issues and project management. Committees are long-standing groups.

(C) "Disputant" means a person who disputes the accuracy, relevance, timeliness, or completeness of personal information maintained by the board in any personal information system.

(D) "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.

(E) "Subcommittee" means a group of designated individuals appointed by the board, which is needed to subdivide specialized tasks or jobs within a committee. The primary function is to break down large, complex projects into manageable pieces. Functions include, but are not limited to, research and analysis. The subcommittee reports its research or findings to the committee. Subcommittees may be long-standing.

(F) "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.

(G) "Workgroup" means a group of designated individuals appointed by a committee chair, which is tasked with a focused project, task, or deliverable. The workgroup meets until the goal is accomplished, and is disbanded when the project is complete or the issue is resolved. A workgroup shall present its recommendations or findings to the committee under which it was developed.

Replaces: rule 4765-2-01

Effective: 02/01/2009
R.C. 119.032 review dates: 01/22/2014
Promulgated Under: 119.03
Statutory Authority: 4765.11
Rule Amplifies: 4765.02 , 4765.04 , 4765.10
Prior Effective Dates: 10/1/95, 4/28/02

4765-2-02 Organization of the board.

(A) The board shall annually select from among its members a board chair and a vice chair. Nomination and election of a board chair and vice chair 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 chair or vice chair.

(B) The board chair shall preside at all meetings of the board. In the absence of the board chair, the vice chair shall preside at meetings of the board. The board chair may assign such other duties to the vice chair as he deems deemed necessary to assist in board operations. In the absence of the chair and the vice chair, the members of the board may designate a board member as acting chair.

(C) The board shall hold regular meetings at the call of the board chair at least four times annually, and as often as necessary to carry out its duties. The board chair shall call a board meeting on the request of the executive director or the state medical director, or on the written request of a majority of all members of the board.

(D) All meetings of the board, the firefighter and fire safety inspector training committee and the trauma committee, shall be conducted in accordance with the most recent edition of "Roberts Rules of Order,"which can be accessed at http://www.robertsrules.com/."

(E) A majority of all members of the board shall constitute a quorum. No action shall be taken without the concurrence of a majority of all members of the board. Board members who are unable to attend a scheduled meeting of the board shall provide advance notice to the executive director or the executive director's designee.

(F) Board meetings shall be held in locations determined appropriate by the executive director.

Effective: 02/01/2009
R.C. 119.032 review dates: 11/13/2008 and 01/22/2014
Promulgated Under: 119.03
Statutory Authority: 4765.11
Rule Amplifies: 4765.02
Prior Effective Dates: 10/1/95, 2/22/99, 5/29/03

4765-2-03 Committees, subcommittees, and workgroups.

(A) In furtherance of section 4765.02 of the Revised Code, the board may create, establish, restructure, or discontinue committees, subcommittees or workgroups necessary to carry out its functions and responsibilities. The board may appoint or remove members appointed to such committees, subcommittees, and workgroups as deemed necessary.

(B) The board chair shall recommend a member of the board to serve as chair of each committee or subcommittee pursuant to this chapter. The terms of each committee chair and subcommittee chair shall be for one year.

(C) The board chair shall appoint members of any committee or subcommittee created pursuant to this chapter with the approval of the board. The committee chair, with the approval of the committee, shall appoint members of a workgroup.

(D) 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 committee and subcommittee created pursuant to this chapter.

(1) Committees shall consist of not fewer than two board members and not more than fifteen voting members, unless waived by the board.

(2) Subcommittees must consist of at least one board member. Subcommittees may be of such size as determined appropriate by the board.

(3) Workgroups may be of such size as determined appropriate by the committee chair.

(E) When making appointments to committees and subcommittees, 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 committee or subcommittee. When making appointments to a workgroup, the committee chair shall insure compliance with this paragraph.

(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 members of a committee, subcommittee or workgroup. Upon the request of the committee chair, the board may waive this provision with an affirmative vote of the majority of all board members.

(G) Terms of appointment to committees or subcommittees shall be for one year.

(H) Committees and subcommittees shall meet at the call of the committee chair and at such locations as determined appropriate by the executive director.

(I) A majority of the members of a committee or subcommittee shall constitute a quorum. No actions shall be taken by a committee or subcommittee without the concurrence of a majority of its members present at a meeting in which a quorum exists.

(J) Each chair of a committee or subcommittee shall designate an individual as recording secretary who shall promptly submit to the executive director written minutes of 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 executive director 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 chair exercises the right to designate another person to serve in the member's place, the committee chair shall also advise the executive director in writing of the names and affiliations of such designees.

Replaces: -

Effective: 02/01/2009
R.C. 119.032 review dates: 01/22/2014
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

4765-2-04 Public notice of rule adoption, amendment, or rescission.

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 and shall be posted on the register of Ohio web site at the time of filing. In addition, the board shall post a copy of the public hearing notice as well as any proposed rule changes on the division of EMS web site, which can be accessed at www.ems.ohio.gov.

Effective: 07/02/2009
R.C. 119.032 review dates: 04/16/2009 and 04/16/2014
Promulgated Under: 119.03
Statutory Authority: 4765.11
Rule Amplifies: 119.03
Prior Effective Dates: 6/15/95 (Emer.), 9/13/95, 4/28/02

4765-2-05 Notice of meetings.

(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 committees, subcommittees and workgroups. 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 the person is affiliated, mailing address, electronic mail address, if applicable, telephone number, and whether notice is sought for all or specified types of meetings. Requests for notices in a hard copy format 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, committees, subcommittees and workgroups 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.

Effective: 02/01/2009
R.C. 119.032 review dates: 11/13/2008 and 01/22/2014
Promulgated Under: 119.03
Statutory Authority: 4765.11
Rule Amplifies: 121.22 , 4765.02 , 4765.04 , 4765.10
Prior Effective Dates: 10/1/95, 2/22/99

4765-2-06 Personal information system.

(A) In accordance with section 1347.05 of the Revised Code, the division shall appoint a privacy officer who shall be directly responsible for the personal information system operated or maintained by the division. 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 division 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 division, 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 division 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 division 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 or division.

(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 division 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 division 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 division 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) and (E)(2) 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;

(D) The division 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 division investigate the current status of the information.

(2) Within ninety days after receiving the request from the disputant, the division 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 division shall delete any information that it cannot verify or that it finds to be inaccurate.

(4) If, after the division's determination in accordance with this rule, the disputant is not satisfied, the division 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 division 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 division shall retain a copy of the disputant's statement of dispute.

(E) The division 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 division 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 division 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 division shall inform a disputant that the disputant has the right to make such a request.

Effective: 02/01/2009
R.C. 119.032 review dates: 11/13/2008 and 01/22/2014
Promulgated Under: 119.03
Statutory Authority: 4765.11
Rule Amplifies: 1347.05
Prior Effective Dates: 10/1/95, 4/28/02