5123:2-5-07 Investigative agent certification standards.

(A) Purpose

The purpose of this rule is to establish 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

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

(2) "Continuing professional education" means department-approved training required for renewal of investigative agent certification. 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, shall be considered continuing professional education. An investigative agent who develops and conducts training approved by the department for continuing professional education may receive double the credit toward renewal of his or her investigative agent certification, for up to a total of six hours during each year of the effective period of the certification.

(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 his or her designee.

(6) "Investigative agent" means an individual who conducts investigations under section 5126.313 of the Revised Code.

(C) Description

There are two levels of investigative agent certification. A person who conducts investigations for one or more county boards under section 5126.313 of the Revised Code for one thousand forty or more hours per calendar year (i.e., at least .5 full-time equivalent) shall hold level one investigative agent certification. A person who conducts investigations for one or more county boards under section 5126.313 of the Revised Code on a part-time, interim, or intermittent basis for less than one thousand forty hours per calendar year may hold level two investigative agent certification.

(1) Level one investigative agent certification

(a) The level one investigative agent certification shall be issued for a five-year period to an applicant who meets the following requirements:

(i) The applicant shall be at least eighteen years of age.

(ii) The applicant shall hold a high school diploma or general education development certificate.

(iii) The applicant shall:

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

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

(c)Hold an associate's degree from an accredited college or university or have achieved at least junior year standing at an accredited college or university and have 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

(d)Have successfully completed Ohio peace officer basic training or a comparable program and have successfully completed two years full-time (or part-time equivalent), supervised, paid work experience in conducting administrative, civil, and/or criminal investigations; or

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

(b) The level one investigative agent shall successfully complete department-approved training in civil and criminal investigatory practices within the first year of his or her employment as an investigative agent. The investigative agent is not required to repeat this training as continuing professional education or if moving from a position that requires level one investigative agent certification to a position that requires level two investigative agent certification.

(c) The level one investigative agent certification may be renewed for a five-year period by an applicant who has successfully completed fifty hours of continuing professional education, of which at least ten hours shall be related to conducting administrative, civil, and/or criminal investigations.

(2) Level two investigative agent certification

(a) The level two investigative agent certification shall be issued for a two-year period to an applicant who meets the following requirements:

(i) The applicant shall be at least eighteen years of age.

(ii) The applicant shall hold a high school diploma or general education development certificate.

(iii) The applicant shall:

(a) Hold an associate's degree from an accredited college or university or have achieved at least junior year standing at an accredited college or university; or

(b)Have successfully completed Ohio peace officer basic training or a comparable program; or

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

(iv) The applicant shall be employed by or under contract with a county board or a regional council of governments formed under section 5126.13 of the Revised Code by two or more county boards to conduct investigations under section 5126.313 of the Revised Code.

(b) The level two investigative agent shall successfully complete department-approved training in civil and criminal investigatory practices within the first year of his or her employment as an investigative agent. The investigative agent is not required to repeat this training as continuing professional education or if moving from a position that requires level two investigative agent certification to a position that requires level one investigative agent certification.

(c) The level two investigative agent certification may be renewed for a two-year period by an applicant who has successfully completed twenty hours of continuing professional education, of which at least four hours shall be related to conducting administrative, civil, and/or criminal investigations.

(D) Temporary grade investigative agent certifications and provisional grade investigative agent certifications issued prior to July 23, 2012

(1) Temporary grade investigative agent certifications and provisional grade investigative agent certifications issued prior to July 23, 2012 shall remain in effect until their assigned expiration dates.

(2) No additional temporary grade investigative agent certifications or provisional grade investigative agent certifications shall be issued on or after July 23, 2012.

(3) A person holding valid temporary grade investigative agent certification or provisional grade investigative agent certification on July 23, 2012 shall be eligible for level one investigative agent certification provided he or she has successfully completed department-approved training in civil and criminal investigatory practices.

(E) Professional grade investigative agent certifications issued prior to July 23, 2012

(1) Professional grade investigative agent certifications issued prior to July 23, 2012 shall remain in effect until their assigned expiration dates.

(2) A person holding valid professional grade investigative agent certification on July 23, 2012 shall be permitted to renew the professional grade investigative agent certification provided he or she has completed one hundred hours of continuing professional education, of which at least twenty hours shall be related to conducting administrative, civil, and/or criminal investigations.

(F) Renewal of expired level one investigative agent certifications and level two investigative agent certifications

(1) Level one investigative agent certifications and level two investigative agent certifications expired for less than one year may be renewed upon completion of all renewal requirements.

(2) Level one investigative agent certifications and level two investigative agent certifications 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.

(3) Expired temporary grade investigative agent certifications, provisional grade investigative agent certifications, and professional grade investigative agent certifications issued prior to July 23, 2012 may not be renewed; applicants shall be required to meet the requirements for level one investigative agent certification or level two investigative agent certification in accordance with this rule.

(G) Administrative review

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

(H) Denial, suspension, or revocation

(1) The director shall deny, suspend, or revoke investigative agent certification if he or she 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 shall deny or revoke investigative agent certification if he or she 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 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 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 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 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 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 an 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 investigative agent certification if the requirements contained in paragraph (F) of rule 5123:2-2-02 of the Administrative Code are met.

(4) Applicants for or holders of investigative agent certification shall disclose a conviction that has been sealed.

Replaces: 5123:2-5-07

Effective: 07/04/2013
R.C. 119.032 review dates: 07/04/2018
Promulgated Under: 119.03
Statutory Authority: 5123.04 , 5126.25
Rule Amplifies: 5123.04 , 5123.081 , 5126.221 , 5126.25
Prior Effective Dates: 03/21/2002, 07/23/2012