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

Rule 5123-5-02 | Service and support administration certification standards.

• Effective: June 5, 2023
• Promulgated Under: 119.03

(A) Purpose

This rule establishes minimum qualifications through certification standards that apply to persons, directly providing or supervising the provision of service and support administration, who are employed by county boards of developmental disabilities and entities under contract with county boards of developmental disabilities to provide or supervise the provision of service and support administration.

(B) Definitions

For the purposes of this rule, the following definitions 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) "Continuing professional education" means training approved by the department or a superintendent required for renewal of service and support administration certification.

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

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

(5) "Service and support administration" has the same meaning as in rule 5123-4-02 of the Administrative Code.

(6) "Superintendent" means a person certified by the department in accordance with rule 5123-5-03 of the Administrative Code and employed in that capacity by a county board or for purposes of issuing certification and/or approving continuing professional education in accordance with this rule, a person who is authorized in writing by the superintendent to perform those functions.

(C) Description

There are two levels of service and support administration certification:

(1) Service and support administrator

(a) A superintendent may issue service and support administrator certification for an initial period of five years to an applicant who holds an associate's degree, bachelor's degree, or graduate-level degree from an accredited college or university. Pursuant to sections 5126.15 and 5126.201 of the Revised Code, a person holding an associate's degree will be a conditional status service and support administrator and perform the duties of service and support administration only under the supervision of a management employee who is a service and support administration supervisor.

(b) A superintendent will ensure that service and support administrators successfully complete, no later than ninety calendar days after hire, an orientation program of at least eight hours that addresses, but is not limited to:

(i) Organizational background of the county board or contracting entity, including:

(a) Mission, vision, values, and organizational structure;

(b) Policies, procedures, and work rules;

(c) Ethical and professional conduct and practice; and

(d) Avoiding conflicts of interest.

(ii) Components of quality care for individuals served, including:

(a) Interpersonal relationships and trust;

(b) Trauma-responsive care;

(c) Cultural and personal sensitivity;

(d) Effective communication;

(e) Roles and responsibilities of team members; and

(f) Record-keeping, including progress notes and incident/accident reports.

(iii) Health and safety, including:

(a) Signs and symptoms of illness or injury and procedure for response;

(b) Building/site-specific emergency response plans; and

(c) Program-specific transportation safety.

(iv) Requirements for development and implementation of behavioral support strategies in accordance with rule 5123-2-06 of the Administrative Code.

(v) Crisis intervention techniques.

(vi) Services that comprise service and support administration.

(c) A superintendent will ensure that service and support administrators successfully complete, no later than one year after hire, department-provided web-based training in:

(i) Empowering individuals served through development of person-centered individual service plans;

(ii) Coordinating services;

(iii) Enhancing team effectiveness;

(iv) Understanding medicaid;

(v) Overview of department-administered home and community-based services waivers including self-directed services, budget authority, and employer authority;

(vi) Targeted case management; and

(vii) Employment navigation.

(d) A superintendent will ensure that service and support administrators (other than those who have at least one year of experience as a service and support administrator at the point of hire) successfully complete, no later than one year after hire, training specific to the provision of service and support administration that includes, but is not limited to:

(i) Eligibility determination;

(ii) Establishing individual budgets;

(iii) Using Ohio individual service plan to conduct assessments and develop individual service plans;

(iv) Effective service coordination;

(v) Management of individuals' funds and related documentation requirements; and

(vi) Self-determination which includes assisting an individual to develop self-advocacy skills, to exercise civil rights, to exercise choice and control over the services received, and to acquire skills that support becoming more independent, productive, and integrated within the community.

(e) A superintendent may renew the service and support administrator certification for a second period of five years provided the applicant has successfully completed:

(i) The orientation program described in paragraph (C)(1)(b) of this rule;

(ii) The department-provided web-based training described in paragraph (C)(1)(c) of this rule;

(iii) Training specific to the provision of service and support administration described in paragraph (C)(1)(d) of this rule; and

(iv) At least sixty hours of continuing professional education during the period of the initial service and support administrator certification. The training described in paragraphs (C)(1)(b), (C)(1)(c), (C)(1)(d), and (D) of this rule may be counted toward the sixty hours.

(f) A superintendent may renew the service and support administrator certification for subsequent periods of five years provided the applicant has successfully completed:

(i) The department-provided web-based training described in paragraph (C)(1)(c) of this rule prior to application to renew the service and support administrator certification; and

(ii) At least sixty hours of continuing professional education during the period of the preceding service and support administrator certification. The training described in paragraphs (C)(1)(c) and (D) of this rule may be counted toward the sixty hours.

(2) Service and support administration supervisor

(a) A superintendent may issue service and support administration supervisor certification for an initial period of five years to an applicant who:

(i) Holds a bachelor's degree or graduate-level degree from an accredited college or university; and

(ii) Has at least four years of full-time (or equivalent part-time), supervised, paid work experience in programs or services for individuals with developmental disabilities.

(b) A superintendent will ensure that service and support administration supervisors successfully complete, no later than ninety calendar days after hire, the orientation program described in paragraph (C)(1)(b) of this rule.

(c) A superintendent will ensure that service and support administration supervisors successfully complete, no later than one year after hire, the department-provided web-based training described in paragraph (C)(1)(c) of this rule.

(d) A superintendent will ensure that service and support administration supervisors (other than those who have at least one year of experience as a service and support administration supervisor at the point of hire) successfully complete, no later than one year after hire, training specific to the supervision of service and support administration that includes, but is not limited to, the topics set forth in paragraph (C)(1)(d) of this rule.

(e) A superintendent may renew the service and support administration supervisor certification for a second period of five years provided the applicant has successfully completed:

(i) The orientation program described in paragraph (C)(1)(b) of this rule;

(ii) The department-provided web-based training described in paragraph (C)(1)(c) of this rule;

(iii) Training specific to the supervision of service and support administration described in paragraph (C)(2)(d) of this rule; and

(iv) At least seventy-five hours of continuing professional education during the period of the initial service and support administration supervisor certification. The training described in paragraphs (C)(2)(b), (C)(2)(c), (C)(2)(d), and (D) of this rule may be counted toward the seventy-five hours.

(f) A superintendent may renew the service and support administration supervisor certification for subsequent periods of five years provided the applicant has successfully completed:

(i) The department-provided web-based training described in paragraph (C)(1)(c) of this rule prior to application to renew the service and support administration supervisor certification; and

(ii) At least seventy-five hours of continuing professional education during the period of the preceding service and support administration supervisor certification. The training described in paragraphs (C)(1)(c) and (D) of this rule may be counted toward the seventy-five hours.

(D) Annual training requirements

A superintendent will ensure that service and support administrators and service and support administration supervisors annually complete training, in accordance with standards established by the department, in:

(1) The rights of individuals set forth in section 5123.62 of the Revised Code; and

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

(E) Application fees

A superintendent may compel applicants for service and support administration certification to pay an application fee.

(1) The application fee for service and support administrator certification will not exceed fifty dollars.

(2) The application fee for service and support administration supervisor certification will not exceed seventy-five dollars.

(F) Reciprocity

(1) A superintendent will accept as valid service and support administration certification issued in accordance with this rule by the superintendent of another county board.

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

(G) Renewal of expired service and support administration certification

(1) Service and support administration certification which has been expired for less than one year may be renewed upon completion of all renewal requirements of the expired certification.

(2) Service and support administration certification which has been expired for one year or more will not be renewed; the applicant will be required to meet the requirements for initial service and support administrator certification or service and support administration supervisor certification, as applicable, pursuant to paragraph (C) of this rule.

(H) Administrative review

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

(I) Denial, suspension, or revocation

Service and support administration certification is subject to denial, suspension, or revocation in accordance with rule 5123-5-04 of the Administrative Code.

Last updated June 5, 2023 at 8:34 AM

Supplemental Information

Authorized By: 5123.04, 5126.25
Amplifies: 5123.04, 5126.201, 5126.25
Five Year Review Date: 6/5/2028
Prior Effective Dates: 5/19/1991, 1/12/1996, 7/1/2005, 7/4/2013, 4/1/2017

Rule 5123-5-03 | Certification standards for superintendents of county boards of developmental disabilities.

• Effective: December 1, 2024
• Promulgated Under: 119.03

(A) Purpose

This rule establishes minimum qualifications through certification standards for superintendents of county boards of developmental disabilities. These standards apply to persons who are employed or under contract in the position of superintendent of a county board of developmental disabilities.

(B) Definitions

For the purposes of this rule, the following definitions 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) "Advanced curriculum for administrators in Ohio's developmental disabilities service delivery system" means department-approved instruction of at least one hundred hours that addresses, but is not limited to, the following topics:

(a) Budgeting/finance for governmental entities;

(b) Communication and public relations;

(c) Ethical conduct;

(d) Information technology management;

(e) Intergovernmental relations;

(f) Legal environment of public administration;

(g) Medicaid home and community-based services waivers;

(h) Public sector human resources management;

(i) Quality assurance;

(j) Self-advocacy; and

(k) Strategic planning, management, and implementation.

(3) "Continuing professional education" means department-approved training required for renewal of superintendent certification.

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

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

(6) "Director" means the director of the department or that person's designee.

(C) Description

(1) Initial certification

(a) There are two alternatives for obtaining initial superintendent certification:

(i) Alternative one

The department may issue initial superintendent certification for a term of three years to an applicant who:

(a) Has an offer of employment in the position of superintendent, as evidenced by a resolution adopted by the employing county board;

(b) Holds a master's degree, a doctorate degree, or a juris doctorate degree from an accredited college or university;

(c) Has successfully completed five years of full-time (or equivalent part-time), supervised, paid work experience in administration, supervision, instruction, or habilitation of individuals with developmental disabilities, including three years in a management or supervisory capacity; and

(d) Has submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that the applicant meets the requirements set forth in this rule.

(ii) Alternative two

The department may issue initial superintendent certification for a term of five years to an applicant who:

(a) Holds a master's degree, a doctorate degree, or a juris doctorate degree from an accredited college or university;

(b) Has successfully completed five years of full-time (or equivalent part-time), supervised, paid work experience in administration, supervision, instruction, or habilitation of individuals with developmental disabilities, including three years in a management or supervisory capacity;

(c) Has successfully completed an advanced curriculum for administrators in Ohio's developmental disabilities service delivery system; and

(d) Has submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that the applicant meets the requirements set forth in this rule.

(b) When requested by a resolution adopted by a county board and with accompanying rationale, the director may waive the requirement set forth in paragraph (C)(1)(a)(i)(c) of this rule. The director's decision to grant or deny a request is not subject to appeal.

(c) When requested in writing by an applicant and with accompanying rationale, the director may waive the requirement for the applicant to complete one or more topics of the advanced curriculum for administrators in Ohio's developmental disabilities service delivery system set forth in paragraph (B)(2) of this rule. The director's decision to grant or deny a request is not subject to appeal. The director's decision to grant a request does not relieve the applicant of the requirement to complete an advanced curriculum for administrators in Ohio's developmental disabilities service delivery system of at least one hundred hours of instruction.

(2) First renewal of certification

(a) The department may renew the superintendent certification of an applicant who received initial superintendent certification in accordance with paragraph (C)(1)(a)(i) of this rule for a term of five years provided the applicant successfully completed an advanced curriculum for administrators in Ohio's developmental disabilities service delivery system during the effective dates of the initial superintendent certification and has submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that the applicant meets the requirements set forth in this rule.

(b) The department may renew the superintendent certification of an applicant who received initial superintendent certification in accordance with paragraph (C)(1)(a)(ii) of this rule for a term of five years provided the applicant successfully completed one hundred twenty hours of continuing professional education on or after the effective date of the initial superintendent certification and has submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that the applicant meets the requirements set forth in this rule.

(3) Subsequent renewal of certification

The department may subsequently renew an applicant's superintendent certification for a term of five years provided the applicant successfully completed one hundred twenty hours of continuing professional education on or after the effective date of the superintendent certification being renewed and has submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that the applicant meets the requirements set forth in this rule.

(D) Professional development plan

Each superintendent of a county board will have a professional development plan which sets forth time lines for completing an advanced curriculum for administrators in Ohio's developmental disabilities service delivery system and/or continuing professional education, as applicable. The professional development plan will require that continuing professional education be completed across the span of the superintendent's certification. The employing county board will approve the superintendent's initial professional development plan within ninety calendar days of the superintendent's hire. Thereafter, the employing county board will review, update, and approve the superintendent's professional development plan at least once per year.

(E) Renewal of expired superintendent certification

(1) Superintendent certification which has been expired for less than one year may be renewed upon completion of all renewal requirements of the expired certification.

(2) Superintendent certification which has been expired for one year or more will not be renewed; the applicant will be required to meet the requirements for initial superintendent certification in accordance with paragraph (C)(1)(a)(ii) of this rule.

(F) Administrative review

An applicant for superintendent certification whose application is disapproved based upon the applicant's failure to meet the requirements set forth in this rule, may request in writing, within thirty calendar days of the rejection, an administrative review by the director.

(G) Denial, suspension, or revocation

(1) The director will deny, suspend, or revoke superintendent certification if the director finds, pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, that the applicant for or holder of superintendent 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 (G)(3) of this rule, the director will deny or revoke superintendent certification if the director finds, pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, that the applicant for or holder of superintendent certification:

(a) Has been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for any of the disqualifying offenses listed or described in paragraph (E)(1)(a) of rule 5123-2-02 of the Administrative Code;

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

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

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

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

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

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

(4) An applicant for or holder of superintendent certification must disclose a conviction that has been sealed.

Last updated December 2, 2024 at 9:03 AM

Supplemental Information

Authorized By: 5123.04, 5126.25
Amplifies: 5123.04, 5123.081, 5126.25
Five Year Review Date: 12/1/2029
Prior Effective Dates: 9/23/1982, 4/5/2001

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

• Effective: December 1, 2024
• Promulgated Under: 119.03

(A) Purpose

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

(B) Definitions

For the purposes of this rule, the following definitions 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 5123-5-03 of the Administrative Code and employed in that capacity by a county board.

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

(1) A superintendent will deny, suspend, or revoke a certification if the superintendent finds, pursuant to an adjudication, that the applicant for or holder of the 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 will deny or revoke a certification if the superintendent finds, pursuant to an adjudication, that the applicant for or holder of the certification:

(a) Has been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for any of the disqualifying offenses listed or described in paragraph (E)(1)(a) of rule 5123-2-02 of the Administrative Code;

(b) Has been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for any of the disqualifying offenses listed or described in paragraph (E)(1)(b) of rule 5123-2-02 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, pleaded guilty to, or been found eligible for intervention in lieu of conviction for any of the disqualifying offenses listed or described in paragraph (E)(1)(c) of rule 5123-2-02 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, pleaded guilty to, or been found eligible for intervention in lieu of conviction for any of the disqualifying offenses listed or described in paragraph (E)(1)(d) of rule 5123-2-02 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, pleaded guilty to, or been found eligible for intervention in lieu of conviction for multiple disqualifying offenses if the applicable period of time in accordance with paragraph (E)(2) of rule 5123-2-02 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)(f) of rule 5123-2-02 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 5123-2-02 of the Administrative Code will not constitute grounds for the denial or revocation of a certification if the requirements in paragraph (F) of rule 5123-2-02 of the Administrative Code are met.

(D) Requirement to disclose conviction

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

(E) Adjudication procedure

(1) The superintendent will notify an applicant for or holder of certification in writing if the superintendent intends to deny, suspend, or revoke the applicant's or holder's certification. The notice will contain the following information:

(a) The right of the applicant for or holder of 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 certification may appear in person or through an attorney.

(c) A statement that the applicant for or holder of certification or the applicant's or holder's 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 will result in the denial, suspension, or revocation of the certification.

(2) If the applicant for or holder of certification timely requests a hearing, the superintendent will appoint a hearing examiner to conduct the hearing. The hearing examiner will not be an employee of the county board. The hearing examiner will 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 will notify the applicant for or holder of certification of the time, date, and place of the hearing. If the applicant for or holder of certification is unable to attend the hearing as scheduled, the applicant or holder may request that the hearing be rescheduled. The hearing examiner will determine if rescheduling the hearing is warranted and 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 certification will 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 will provide for a complete stenographic record of the proceedings, and upon request, a copy of the record will be furnished to the applicant for or holder of certification at no cost.

(6) The hearing examiner will 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 will serve the report and recommendation upon the applicant for or holder of certification or the applicant's or holder's attorney.

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

Last updated December 2, 2024 at 9:03 AM

Supplemental Information

Authorized By: 5123.04, 5126.25
Amplifies: 5123.04, 5123.081, 5126.25
Five Year Review Date: 8/19/2029
Prior Effective Dates: 10/10/2002, 8/19/2024

Rule 5123-5-07 | Investigative agent certification standards.

• Effective: June 23, 2024
• Promulgated Under: 119.03

(A) Purpose

This rule establishes minimum qualifications through certification standards that apply to staff working in investigative agent positions at county boards of developmental disabilities and persons or employees of government entities under contract with a county board of developmental disabilities to provide investigative agent services.

(B) Definitions

For the purposes of this rule, the following definitions 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) "Continuing professional education" means department-approved training required for renewal of investigative agent certification.

(a) Training related to major unusual incidents or investigations, conducted by the department, the office of the attorney general, the Ohio peace officer training academy, a public children services agency, the Ohio department of health, the Ohio department of job and family services, the Ohio department of medicaid, a law enforcement agency, or an entity with statutory authority to conduct civil or criminal investigations, will be considered continuing professional education.

(b) An investigative agent who develops and conducts training approved by the department for continuing professional education may receive double the credit toward renewal of investigative agent certification, for up to a total of six hours during each year of the effective period of the certification.

(c) An investigative agent is not required to, but may, repeat the foundational investigative agent training as continuing professional education.

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

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

(5) "Director" means the director of the Ohio department of developmental disabilities or that person's designee.

(6) "Foundational investigative agent training" means training provided by the department that includes, but is not limited to:

(a) Civil and criminal investigatory practices.

(b) Rule 5123-17-02 of the Administrative Code.

(c) Trauma informed care as the basis for interacting with individuals with developmental disabilities, families, guardians, direct support professionals, and others during the course of an investigation.

(d) The role of an investigative agent in creating a culture that fosters trust through open communication, universal accountability, learning, and fair treatment of all persons involved.

(7) "Investigative agent" means a person, regardless of title, who conducts investigations pursuant to section 5126.313 of the Revised Code.

(8) "Major unusual incident" has the same meaning as in rule 5123-17-02 of the Administrative Code.

(C) Description

(1) The department may issue initial investigative agent certification for a five-year period to an applicant who meets the following requirements:

(a) The applicant is at least eighteen years of age.

(b) The applicant holds a high school diploma or certificate of high school equivalence.

(c) The applicant:

(i) Holds a bachelor's degree or graduate-level degree from an accredited college or university; or

(ii) Holds an associate's degree from an accredited college or university or has achieved at least junior year standing at an accredited college or university and has successfully completed two years full-time (or part-time equivalent), supervised, paid work experience in conducting administrative, civil, and/or criminal investigations; or

(iii) Holds an associate's degree from an accredited college or university or has achieved at least junior year standing at an accredited college or university and has successfully completed two years full-time (or part-time equivalent), supervised, paid work experience in administration, supervision, instruction, or habilitation of individuals with developmental disabilities; or

(iv) Has successfully completed Ohio peace officer basic training or a comparable program that prepares a person to be a peace officer or a law enforcement officer and has successfully completed two years full-time (or part-time equivalent), supervised, paid work experience in conducting administrative, civil, and/or criminal investigations; or

(v) Has successfully completed four years full-time (or part-time equivalent), supervised, paid work experience in conducting administrative, civil, and/or criminal investigations.

(d) The applicant has submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that the requirements set forth in this rule are met.

(2) The investigative agent will successfully complete foundational investigative agent training within the first one hundred eighty days of employment as an investigative agent. An investigative agent who fails to successfully complete foundational investigative agent training within the first one hundred eighty days of employment is ineligible to perform the duties of an investigative agent until the training has been completed.

(3) The department may renew investigative agent certification for a five-year period for an applicant who has:

(a) Successfully completed foundational investigative agent training.

(b) Successfully completed fifty hours of continuing professional education subsequent to the effective date of the preceding investigative agent certification, of which at least ten hours are related to:

(i) Conducting investigations; and/or

(ii) Trauma informed care as the basis for interacting with individuals with developmental disabilities, families, guardians, direct support professionals, and others during the course of an investigation.

(c) Submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that the requirements set forth in this rule are met.

(D) Investigative agent certifications issued prior to the effective date of this rule

(1) Investigative agent certifications issued prior to the effective date of this rule will remain in effect until their assigned expiration dates.

(2) A person holding level one investigative agent certification, level two investigative agent certification, or professional grade investigative agent certification on the day immediately prior to the effective date of this rule will be eligible for five-year investigative agent certification provided:

(a) The person's investigative agent certification has not expired.

(b) The person has successfully completed foundational investigative agent training.

(c) The person has successfully completed:

(i) The renewal requirements for the investigative agent certification issued to the person prior to the effective date of this rule; or

(ii) Fifty hours of continuing professional education subsequent to the effective date of the investigative agent certification issued to the person prior to the effective date of this rule, of which at least ten hours are related to:

(a) Conducting investigations; and/or

(b) Trauma informed care as the basis for interacting with individuals with developmental disabilities, families, guardians, direct support professionals, and others during the course of an investigation.

(d) The person has submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that the requirements set forth in this rule are met.

(3) Investigative agent certifications issued prior to the effective date of this rule that have expired will not be renewed; applicants will be required to meet the requirements for five-year investigative agent certification in accordance with paragraph (C) of this rule.

(E) Renewal of expired investigative agent certifications issued on or after the effective date of this rule

(1) Investigative agent certifications issued on or after the effective date of this rule which have been expired for less than one year may be renewed upon completion of all renewal requirements of the expired certification.

(2) Investigative agent certifications issued on or after the effective date of this rule which have been expired for one or more years may be renewed upon completion of all renewal requirements of the expired certification and completion of fifteen additional hours of continuing professional education.

(F) Administrative review

An applicant for investigative agent certification whose application is disapproved based upon the applicant's failure to meet the requirements set forth in this rule, may request in writing, within thirty calendar days of the rejection, an administrative review by the director.

(G) Standards of conduct

(1) An investigative agent will, during the course of an investigation, act in a professional manner and treat all parties involved, including individuals with developmental disabilities, families, guardians, direct support professionals, and others, with courtesy and respect.

(2) A superintendent of a county board or an executive director of a regional council of governments formed pursuant to section 5126.13 of the Revised Code by two or more county boards will notify the department in writing within seventy-two hours of becoming aware that a holder of or applicant for investigative agent certification:

(a) Is guilty of serious intemperate, immoral, or conduct unbecoming to the investigative agent position or serious incompetence or negligence within the scope of investigative agent duties;

(b) Has been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for any of the disqualifying offenses listed or described in paragraphs (E)(1)(a) to (E)(1)(d) of rule 5123-2-02 of the Administrative Code; or

(c) Has been included in one or more of the databases described in paragraphs (C)(2)(a) to (C)(2)(g) of rule 5123-2-02 of the Administrative Code.

(H) Denial, suspension, or revocation

(1) The director will deny, suspend, or revoke investigative agent certification if the director finds, pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, that the applicant for or holder of investigative agent 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 (H)(3) of this rule, the director will deny or revoke investigative agent certification if the director finds, pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, that the applicant for or holder of investigative agent certification:

(a) Has been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for any of the disqualifying offenses listed or described in paragraph (E)(1)(a) of rule 5123-2-02 of the Administrative Code;

(b) Has been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for any of the disqualifying offenses listed or described in paragraph (E)(1)(b) of rule 5123-2-02 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, pleaded guilty to, or been found eligible for intervention in lieu of conviction for any of the disqualifying offenses listed or described in paragraph (E)(1)(c) of rule 5123-2-02 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, pleaded guilty to, or been found eligible for intervention in lieu of conviction for any of the disqualifying offenses listed or described in paragraph (E)(1)(d) of rule 5123-2-02 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, pleaded guilty to, or been found eligible for intervention in lieu of conviction for multiple disqualifying offenses if the applicable period of time in accordance with paragraph (E)(2) of rule 5123-2-02 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 described in paragraphs (C)(2)(a) to (C)(2)(f) of rule 5123-2-02 of the Administrative Code.

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

(4) An applicant for or holder of investigative agent certification must disclose a conviction that has been sealed.

Last updated June 24, 2024 at 7:55 AM

Supplemental Information

Authorized By: 5123.04, 5126.25
Amplifies: 5123.04, 5123.081, 5126.221, 5126.25
Five Year Review Date: 6/23/2029
Prior Effective Dates: 7/4/2013

Rule 5123-5-08 | Certification standards for business managers of county boards of developmental disabilities.

• Effective: August 19, 2024
• Promulgated Under: 119.03

(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 will hold certification in accordance with this rule.

(B) Definitions

For the purposes of this rule, the following definitions 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 5123-5-03 of the Administrative Code and employed in that capacity by a county board.

(C) Initial certification

(1) A superintendent may issue business manager certification for an initial period of one year to an applicant 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;

(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.

(2) A superintendent will ensure the business manager successfully completes, no later than ninety calendar days after hire, an orientation program of at least eight hours that addresses, but is not limited to:

(a) Overview of the county board, including:

(i) Mission, vision, values, and organizational structure;

(ii) Policies, procedures, and work rules;

(iii) Ethical and professional conduct and practice; and

(iv) 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 section 5123.62 of the Revised Code; and

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

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

(3) A superintendent will ensure the business manager successfully completes, no later than one year after hire, forty hours of continuing professional education that includes, but is not limited to:

(a) Budgeting;

(b) Financial forecasting;

(c) Monthly financial reporting;

(d) Day-to-day fiscal operations of county boards; and

(e) Financial audits of county boards.

(D) First renewal of certification

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

(1) The eight-hour orientation program described in paragraph (C)(2) of this rule; and

(2) The continuing professional education described in paragraph (C)(3) of this rule.

(E) Subsequent renewal of certification

A superintendent may renew the business manager certification issued in accordance with paragraph (D) of this rule for subsequent periods of five years provided the applicant has successfully completed at least one hundred hours of continuing professional education on or after the effective date of the preceding business manager certification. The training described in paragraph (F) of this rule may be counted toward the one hundred hours.

(F) Annual training requirements

(1) A superintendent will ensure the business manager annually completes the department-provided annual training in cost report preparation described in paragraph (O)(4)(b) of rule 5123-4-01 of the Administrative Code.

(2) A superintendent will ensure the business manager annually completes training, in accordance with standards established by the department, in:

(a) The rights of individuals with developmental disabilities set forth in section 5123.62 of the Revised Code; and

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

(G) Application fee

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

(H) Reciprocity

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

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

(I) Renewal of expired business manager certification

(1) Business manager certification which has been expired for less than one year may be renewed upon completion of all renewal requirements of the expired certification.

(2) Business manager certification which has been expired for one year or more will not be renewed; the applicant will be required to meet the requirements for initial business manager certification, pursuant to paragraph (C) of this rule.

(J) Administrative review

An applicant for business manager certification whose application 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.

(K) 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.

Last updated August 19, 2024 at 8:22 AM

Supplemental Information

Authorized By: 5123.04, 5126.25
Amplifies: 5123.04, 5126.054, 5126.25
Five Year Review Date: 8/19/2029
Prior Effective Dates: 1/1/2019