Chapter 5123-5 Certification Standards for Employees of County Boards of Developmental Disabilities

5123-5-01 [Rescinded] Current facility designations.

(A) The purpose of this rule is to list current designations of all developmental centers of the department, including the source of establishment and effective date.

(B) The provisions of this rule shall be applicable to all divisions within this department.

All communications, records, and references to the developmental centers shall reflect these designations.

(C) The following definitions shall apply to this rule:

(1) "Executive order" means a rule written by Kenneth D. Gaver, director, Ohio department of mental health and mental retardation, July 1971 through August 1974; William H. Davis, acting director, September 1974 through January 1975; and Timothy B. Moritz, director, February 1975 to November 1977.

(2) "Old executive order" means a rule written by Martin A. Janis, director, Ohio department of mental hygiene and correction, January 1963 through January 1971 and James T. Welsh, acting director, February 1971 to June 1971.

(3) "Rule" means any rule adopted, amended, repealed, or rescinded pursuant to the procedures and requirements of section 111.15 of the Revised Code written by Timothy B. Moritz, director, Ohio department of mental health and mental retardation, November 1977 through June 30, 1980; Rudy Magnone, director, Ohio department of mental retardation and developmental disabilities, July 1, 1980 through February 6, 1983; Minnie F. Johnson, director, February 7, 1983 through September 27, 1985; David L. Jackson, director, September 28, 1985 through November 14, 1985; Robert E. Brown, director, November 15, 1985 through January 13, 1991; Terry A. Wallace, acting director, January 14, 1991 through February 24, 1991; Jerome C. Manuel, director, February 25, 1991 through January 10, 1999; Ronald L. Rhodes, acting director, January 11, 1999 through March 14, 1999; Kenneth W. Ritchey, director, March 15, 1999 through January 6, 2007; Ann C. Rengert, acting director, January 7, 2007 through January 13, 2007; John L. Martin, director, January 14, 2007 through October 5, 2009; and John L. Martin, director, Ohio department of developmental disabilities, beginning October 6, 2009.

(D) The current designation of each developmental center of the department of developmental disabilities is listed below:

(1) Cambridge developmental center, Cambridge, Ohio (executive order O-11 effective June 29, 1976).

(2) Columbus developmental center, Columbus, Ohio (old executive order 49 effective February 1, 1969).

(3) Gallipolis developmental center, Gallipollis, Ohio (old executive order 7 effective January 1, 1967).

(4) Mt. Vernon developmental center, Mt. Vernon, Ohio (old executive order 49 effective February 1, 1969).

(5) Northwest Ohio developmental center, Toledo, Ohio (executive order O-17 effective November 1, 1976).

(6) Southwest Ohio developmental center, Batavia, Ohio (rule 5119-5-01 of the Administrative Code effective August 28, 1978). Facility leased to New Horizons Habilitation Homes, Inc. from November 1, 1983 to October 31, 1984. Lease renewed November 1, 1984 to October 31, 1985 but lease cancelled June 30, 1985. Facility leased to Brown county board of mental retardation and developmental disabilities July 1, 1985 to December 1, 1985. Contract between state purchasing and New Horizons, Inc. to operate the facility from September 16, 1983 to December 31, 1984. Contract between the department and New Horizons, Inc. to operate from December 1, 1984 to July 1, 1985. Contract between the department and Brown county board of mental retardation and developmental disabilities to operate from July 12, 1985 to December 31, 1985 but the department assumed operation on December 1, 1985.

(7) Tiffin developmental center, Tiffin, Ohio (executive order O-12 effective September 23, 1975 and rule 5119-5-01 of the Administrative Code effective August 9, 1979).

(8) Warrensville developmental center, Warrensville Heights, Ohio (executive order O-9 effective December 27, 1974).

Effective: 11/19/2018
Promulgated Under: 111.15
Statutory Authority: 5123.04, 5123.03
Rule Amplifies: 5123.03 , 5123.091, 5123.06, 5123.04
Prior Effective Dates: 08/09/1979, 07/01/1980, 04/13/1981, 10/12/1985, 12/01/1985 (Emer.), 01/18/1986, 08/07/1995, 05/19/2007, 07/29/2017

5123-5-04 Denial, suspension, and revocation of adult services, business manager, and service and support administration registration and certification.

(A) Purpose

This rule establishes the grounds and procedure for superintendents of county boards of developmental disabilities to deny, suspend, and revoke adult services, business manager, and service and support administration registration and certification issued in accordance with section 5126.25 of the Revised Code.

(B) Definitions

For the purposes of this rule, the following definitions shall apply:

(1) "County board" means a county board of developmental disabilities.

(2) "Disqualifying offense" means any of the offenses listed or described in divisions(A)(3)(a) to (A)(3)(e) of section 109.572 of the Revised Code.

(3) "Superintendent" means a person certified by the department in accordance with rule 5123:2-5-03 of the Administrative Code and employed in that capacity by a county board.

(C) Grounds for denial, suspension, and revocation of registration or certification

(1) A superintendent shall deny, suspend, or revoke a registration or certification if he or she finds, pursuant to an adjudication, that the applicant for or holder of the registration or certification has engaged in an immoral act, incompetence, negligence, or conduct that is unbecoming to the applicant's or holder's position.

(2) Except as provided in paragraph (C)(3) of this rule, a superintendent shall deny or revoke a registration or certification if he or she finds, pursuant to an adjudication, that the applicant for or holder of the registration or certification:

(a) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(a) of rule 5123:2-2-02 of the Administrative Code;

(b) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(b) of rule 5123:2-2-02 of the Administrative Code if a period of ten years has not elapsed from the date the applicant or holder was fully discharged from imprisonment, probation, and parole;

(c) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(c) of rule 5123:2-2-02 of the Administrative Code if a period of seven years has not elapsed from the date the applicant or holder was fully discharged from imprisonment, probation, and parole;

(d) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(d) of rule 5123:2-2-02 of the Administrative Code if a period of five years has not elapsed from the date the applicant or holder was fully discharged from imprisonment, probation, and parole;

(e) Has been convicted of or pleaded guilty to multiple disqualifying offenses if the applicable period of time in accordance with paragraph (E)(2) of rule 5123:2-2-02 of the Administrative Code has not elapsed from the date the applicant or holder was fully discharged from imprisonment, probation, and parole; or

(f) Has been included in one or more of the databases listed in paragraphs (C)(2)(a) to (C)(2)(e) of rule 5123:2-2-02 of the Administrative Code.

(3) A conviction of or a plea of guilty to a disqualifying offense listed or described in paragraphs (E)(1)(a) to (E)(1)(d) of rule 5123:2-2-02 of the Administrative Code shall not constitute grounds for the denial or revocation of a registration or certification if the requirements in paragraph (F) of rule 5123:2-2-02 of the Administrative Code are met.

(D) Requirement to disclose conviction

Applicants for or holders of registration or certification shall disclose a conviction for a disqualifying offense, including a conviction that has been sealed.

(E) Adjudication procedure

(1) The superintendent shall notify an applicant for or holder of registration or certification in writing of his or her intent to deny, suspend, or revoke the applicant's or holder's registration or certification. The notice shall contain the following information:

(a) The right of the applicant for or holder of registration or certification to request a hearing within thirty calendar days of the date of the notice.

(b) A statement that the applicant for or holder of registration or certification may appear in person or through an attorney.

(c) A statement that the applicant for or holder of registration or certification or his or her attorney may:

(i) Present the applicant's or holder's position, arguments, or contentions entirely in writing; or

(ii) If a hearing is requested, at the hearing may present evidence and examine witnesses appearing for and against them.

(d) That the failure to request a hearing shall result in the denial, suspension, or revocation of the registration or certification.

(2) If the applicant for or holder of registration or certification timely requests a hearing, the superintendent shall appoint a hearing examiner to conduct the hearing. The hearing examiner shall not be an employee of the county board. The hearing examiner shall be admitted to the practice of law in Ohio and possessed of such qualifications as to be able to render a neutral and informed decision.

(3) The hearing examiner shall notify the applicant for or holder of registration or certification of the time, date, and place of the hearing. If the applicant for or holder of registration or certification is unable to attend the hearing as scheduled, the applicant or holder may request that the hearing be rescheduled. The hearing examiner shall determine if rescheduling the hearing is warranted and shall make efforts to schedule the hearing at a time, date, and place mutually convenient.

(4) At least fifteen calendar days prior to the date set for the hearing upon request by either party, the superintendent and the applicant for or holder of registration or certification shall exchange witness lists and lists of exhibits to be introduced at the hearing. The hearing examiner may extend the time for good cause shown.

(5) Both parties may be present at the hearing, be represented by counsel, require witnesses to be under oath, cross-examine witnesses, take a record of the proceedings, and require the presence of witnesses in their behalf upon subpoena to be issued by the superintendent. The superintendent shall provide for a complete stenographic record of the proceedings, and upon request, a copy of the record shall be furnished to the applicant for or holder of registration or certification at no cost.

(6) The hearing examiner shall issue a written report and recommendation setting forth findings of fact, conclusions of law, and a recommendation for the superintendent within ten calendar days of the hearing. Within five calendar days of receipt of the report and recommendation, the superintendent shall serve the report and recommendation upon the applicant for or holder of registration or certification or his or her attorney.

(7) Within ten calendar days of receipt of the report and recommendation, the applicant for or holder of registration or certification may file written objections with the superintendent. The superintendent shall issue a decision and serve the decision upon the applicant for or holder of registration or certification and the applicant's or holder's attorney. The superintendent's decision is final.

Replaces: 5123:2-5-04

Effective: 1/1/2019
Five Year Review (FYR) Dates: 01/01/2024
Promulgated Under: 119.03
Statutory Authority: 5126.25, 5123.04
Rule Amplifies: 5123.04 , 5126.25, 5123.081
Prior Effective Dates: 03/19/1987, 01/12/1996, 10/10/2002, 07/25/2013, 03/26/2015

5123-5-08 Certification standards for business managers of county boards.

(A) Purpose

This rule establishes minimum qualifications through certification standards for persons employed by or under contract with county boards of developmental disabilities as business managers in accordance with section 5126.054 of the Revised Code. Persons serving as business managers of county boards of developmental disabilities shall hold certification in accordance with this rule.

(B) Definitions

For the purposes of this rule, the following definitions shall apply:

(1) "Accredited college or university" means a college or university accredited by a national or regional association recognized by the secretary of the United States department of education or a foreign college or university of comparable standing.

(2) "Business manager" means a person employed by or under contract with a county board who is responsible for budgeting, financial reporting, preparing cost reports, and advancing informed and strategic decision-making by the county board.

(3) "Certified public accountant" means a person holding a certificate issued pursuant to section 4701.06 or 4701.061 of the Revised Code that is not revoked or suspended.

(4) "Continuing professional education" means training, approved by the department or a superintendent, required for renewal of business manager certification.

(5) "County board" means a county board of developmental disabilities.

(6) "Department" means the Ohio department of developmental disabilities.

(7) "Superintendent" means a person certified by the department in accordance with rule 5123:2-5-03 of the Administrative Code and employed in that capacity by a county board.

(C) Issuance of initial and renewal certification

There are three alternative paths, based on a person's status on the day immediately prior to the effective date of this rule, for issuance of initial and renewal business manager certification.

(1) Persons who are employed by or under contract with a county board in the position of business manager for one year or longer on the day immediately prior to the effective date of this rule

(a) Initial certification

A superintendent may issue initial business manager certification for a period of five years to a person who, on the day immediately prior to the effective date of this rule, has been employed by or under contract with the county board in the position of business manager for one year or longer.

(b) First and subsequent renewal of certification

(i) A superintendent may renew the business manager certification issued in accordance with paragraph (C)(1)(a) of this rule for subsequent periods of five years provided the business manager has successfully completed, during each year of the five-year period of the preceding business manager certification, at least twenty-five hours of continuing professional education which shall include, but is not limited to:

(a) The department-provided annual training in cost report preparation described in paragraph (N)(3)(b) of rule 5123-4-01 of the Administrative Code;

(b) The rights of individuals with developmental disabilities set forth in sections 5123.62 to 5123.64 of the Revised Code; and

(c) The requirements of rule 5123:2-17-02 of the Administrative Code including a review of health and safety alerts issued by the department since the previous year's training.

(ii) A business manager who fails to meet the requirements to renew business manager certification in accordance with paragraph (C) (1)(b)(i) of this rule shall experience a lapse in business manager certification and shall not be eligible to renew business manager certification until he or she has successfully completed, on or after the effective date of the preceding business manager certification, at least one hundred thirty-five hours of continuing professional education which shall include, but is not limited to, the topics specified in paragraph (C)(1)(b)(i) of this rule.

(2) Persons who are employed by or under contract with a county board in the position of business manager for less than one year on the day immediately prior to the effective date of this rule

(a) Initial certification

A superintendent may issue initial business manager certification for a period of one year to a person who, on the day immediately prior to the effective date of this rule, has been employed by or under contract with the county board in the position of business manager for less than one year.

(b) First renewal of certification

(i) A superintendent may renew the business manager certification issued in accordance with paragraph (C)(2)(a) of this rule for a period of five years provided the business manager has successfully completed, subsequent to becoming the county board's business manager, at least forty hours of continuing professional education which shall include, but is not limited to:

(a) Budgeting;

(b) Financial forecasting;

(c) Monthly financial reporting;

(d) Day-to-day fiscal operations of the county board;

(e) Financial audits of county boards;

(f) Either the department-provided orientation program in cost report preparation described in paragraph (N)(3) (a) of rule 5123-4-01 of the Administrative Code or the department-provided annual training in cost report preparation described in paragraph (N)(3)(b) of rule 5123-4-01 of the Administrative Code;

(g) The rights of individuals with developmental disabilities set forth in sections 5123.62 to 5123.64 of the Revised Code; and

(h) The requirements of rule 5123:2-17-02 of the Administrative Code including a review of health and safety alerts issued by the department since the previous year's training.

(ii) A business manager who fails to meet the requirements to renew business manager certification in accordance with paragraph (C) (2)(b)(i) of this rule shall experience a lapse in business manager certification and shall not be eligible to renew business manager certification until he or she has successfully completed, subsequent to becoming the county board's business manager, at least fifty hours of continuing professional education which shall include, but is not limited to, the topics specified in paragraph (C)(2)(b)(i) of this rule.

(c) Subsequent renewal of certification

(i) A superintendent may renew the business manager certification issued in accordance with paragraph (C)(2)(b)(i) or (C)(2)(b)(ii) of this rule for subsequent periods of five years provided the business manager has successfully completed, during each year of the five-year period of the preceding business manager certification, at least twenty-five hours of continuing professional education which shall include, but is not limited to:

(a) The department-provided annual training in cost report preparation described in paragraph (N)(3)(b) of rule 5123-4-01 of the Administrative Code;

(b) The rights of individuals with developmental disabilities set forth in sections 5123.62 to 5123.64 of the Revised Code; and

(c) The requirements of rule 5123:2-17-02 of the Administrative Code including a review of health and safety alerts issued by the department since the previous year's training.

(ii) A business manager who fails to meet the requirements to renew business manager certification in accordance with paragraph (C) (2)(c)(i) of this rule shall experience a lapse in business manager certification and shall not be eligible to renew business manager certification until he or she has successfully completed, on or after the effective date of the preceding business manager certification, at least one hundred thirty-five hours of continuing professional education which shall include, but is not limited to, the topics specified in paragraph (C)(2)(c)(i) of this rule.

(3) Persons who are not employed by or under contract with a county board in the position of business manager on the day immediately prior to the effective date of this rule

(a) Initial certification

(i) A superintendent may issue initial business manager certification for a period of one year to a person engaged by the county board in the position of business manager on or after the effective date of this rule who:

(a) Holds a bachelor's degree or a master's degree from an accredited college or university in accounting, business administration, finance, public administration, or a related field of study; or

(b) Holds a bachelor's degree or a master's degree from an accredited college or university in any field of study and has at least two years of full-time (or equivalent part-time), supervised, paid work experience with demonstrated competency in accounting, financial management, and budgeting; or

(c) Is a certified public accountant.

(ii) A superintendent shall ensure that a person engaged by the county board in the position of business manager on or after the effective date of this rule successfully completes, no later than ninety calendar days after hire, an orientation program of at least eight hours which shall include, but is not limited to:

(a) Overview of the county board, including:

(i) Mission, vision, values, principles, and goals;

(ii) Organizational structure;

(iii) Key policies, procedures, and work rules;

(iv) Ethical and professional conduct and practice; and

(v) Avoiding conflicts of interest.

(b) Serving individuals with developmental disabilities, including:

(i) Person-centered philosophy and practice;

(ii) The rights of individuals with developmental disabilities set forth in sections 5123.62 to 5123.64 of the Revised Code; and

(iii) The requirements of rule 5123:2-17-02 of the Administrative Code.

(c) The department-provided orientation program in cost report preparation described in paragraph (N)(3)(a) of rule 5123-4-01 of the Administrative Code.

(b) First renewal of certification

(i) A superintendent may renew the business manager certification issued in accordance with paragraph (C)(3)(a) of this rule for a period of five years provided the business manager has successfully completed:

(a) The eight-hour orientation program described in paragraph (C)(3)(a)(ii) of this rule; and

(b) At least forty hours of continuing professional education during the period of the initial business manager certification which shall include, but is not limited to:

(i) Budgeting;

(ii) Financial forecasting;

(iii) Monthly financial reporting;

(iv) Day-to-day fiscal operations of the county board; and

(v) Financial audits of county boards.

(ii) A business manager who fails to meet the requirements to renew business manager certification in accordance with paragraph (C) (3)(b)(i) of this rule shall experience a lapse in business manager certification and shall not be eligible to renew business manager certification until he or she has successfully completed, subsequent to becoming the county board's business manager, the eight-hour orientation program described in paragraph (C)(3)(a)(ii) of this rule and at least fifty hours of continuing professional education which shall include, but is not limited to, the topics specified in paragraph (C)(3)(b)(i)(b) of this rule.

(c) Subsequent renewal of certification

(i) A superintendent may renew the business manager certification issued in accordance with paragraph (C)(3)(b)(i) or (C)(3)(b)(ii) of this rule for subsequent periods of five years provided the business manager has successfully completed, during each year of the five-year period of the preceding business manager certification, at least twenty-five hours of continuing professional education which shall include, but is not limited to:

(a) The department-provided annual training in cost report preparation described in paragraph (N)(3)(b) of rule 5123-4-01 of the Administrative Code;

(b) The rights of individuals with developmental disabilities set forth in sections 5123.62 to 5123.64 of the Revised Code; and

(c) The requirements of rule 5123:2-17-02 of the Administrative Code including a review of health and safety alerts issued by the department since the previous year's training.

(ii) A business manager who fails to meet the requirements to renew business manager certification in accordance with paragraph (C) (3)(c)(i) of this rule shall experience a lapse in business manager certification and shall not be eligible to renew business manager certification until he or she has successfully completed, on or after the effective date of the preceding business manager certification, at least one hundred thirty-five hours of continuing professional education which shall include, but is not limited to, the topics specified in paragraph (C)(3)(c)(i) of this rule.

(D) Application fee

A superintendent may require an applicant for business manager certification to pay an application fee to the county board which shall not exceed seventy-five dollars.

(E) Reciprocity

(1) A superintendent shall accept as valid, business manager certification issued in accordance with this rule by the superintendent of another county board.

(2) A superintendent shall accept as valid, continuing professional education approved by the department or the superintendent of another county board in accordance with this rule.

(F) Administrative review

An applicant whose application for business manager certification is disapproved based upon the applicant's failure to meet the requirements of this rule, may request in writing, within thirty calendar days of disapproval, an administrative review by the superintendent or the superintendent's designee.

(G) Denial, suspension, or revocation

Business manager certification is subject to denial, suspension, or revocation in accordance with rule 5123-5-04 of the Administrative Code.

Effective: 1/1/2019
Five Year Review (FYR) Dates: 01/01/2024
Promulgated Under: 119.03
Statutory Authority: 5126.25, 5126.121, 5123.04
Rule Amplifies: 5123.04 , 5126.25, 5126.121, 5126.054