Chapter 5124:1-1 Ohio Legal Rights Service Commission - Generally

[This rule designated an internal management rule]

(A) The headquarters for the Ohio legal rights service commission (LRSC), shall be at “50 West Broad Street, Suite 1400, Columbus, Ohio, 43215.”

(B) The LRSC, may establish from time to time such standing and ad hoc committees as the LRSC members deem appropriate to conduct the business of the LRSC, including a grievance committee to determine appeals of grievances to the LRSC.

(C) Purpose, meetings, committee structure, and other miscellaneous activities shall be as set forth in bylaws adopted by the LRSC. The bylaws may be amended, repealed, and new bylaws adopted by an affirmative vote of five members of the LRSC.

Effective: 08/17/2009

Promulgated Under: 111.15

Statutory Authority: 111.15

Rule Amplifies: 5123.60(D)(1)

[This rule designated an internal management rule]

(A) The records and files of the legal rights service commission (LRSC) shall be maintained at the LRSC’s headquarters.

(B) Records regarding client matters are confidential.

(C) Those records of the LRSC that are not confidential may be made available for reproduction upon application to the administrator and payment of reasonable costs. Reasonable costs shall be as stated in the rules of the legal rights service (LRS).

(D) The LRSC shall have available at all times copies of all rules governing the procedures of the LRSC and upon application to the LRS administrator and payment of reasonable cost shall furnish a copy of said rules to any person requesting said rules.

Effective: 08/17/2009

Promulgated Under: 111.15

Statutory Authority: 111.15

Rule Amplifies: 5123.60(D)(1)

[This rule designated an internal management rule]

(A) Minutes.

(1) The legal rights service (LRS) administrator shall keep the minutes of any regular or special meeting or executive session of the legal rights service commission (LRSC). The minutes of the regular and special meetings shall reflect only the official action taken by the LRSC and the vote thereon. The minutes of executive session shall reflect only the general subject matter of the discussion.

(2) After each meeting or session, the LRS administrator shall promptly cause the minutes to be recorded. The minutes of each meeting or session shall be considered at the next regular meeting of the LRSC. After approval of the recorded minutes by the LRSC, the minutes shall constitute the official minutes of the LRSC, shall be permanently kept in the offices of the LRS, and shall be open to reasonable public inspection during normal business hours. Upon request, any person may obtain copies of the minutes at cost, within a reasonable period of time.

(B) Notice of meetings.

(1) LRSC members shall be provided written notice of the date, time and place of each regularly scheduled meeting at least one month in advance by electronic mail or regular, first-class mail to the mail address of choice of the LRSC member or by personally delivering the notice to the LRSC member’s home.

(2) In the event of a special meeting, LRSC members will be notified as soon as reasonably possible before the meeting. For special meetings of an emergency nature, LRSC members may be contacted by telephone or by other electronic or internet means, but shall also be notified about the meeting in writing. Notice for a special meeting or for an emergency meeting shall include the reason for the meeting.

(3) Any person may ascertain the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings by contacting the LRS administrator at “50 West Broad Street, Suite 1400, Columbus, Ohio 43215-5923 or by visiting the LRS web page at http://olrs.ohio.gov.”

(4) Any representative of the news media may obtain notice of all special meetings by requesting, in writing, that such notice be provided. Notice will only be given, however, to one representative of any particular news media organization. A request for such notification shall be addressed to the LRS administrator. The request shall provide the name of the individual media representative to be contacted, the representative’s mailing address, and a maximum of two telephone numbers where the representative can be reached. In the alternative, the media representative may request notification via electronic mail and the request shall provide the appropriate electronic mail address. The LRS administrator shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to this section.

(5) In the event that a special meeting, not of an emergency nature, is called, the LRS administrator shall notify all media representatives on the list of the meeting by telephone or electronic mail not later than twenty-four hours prior to the special meeting. Telephone notice shall be complete if a message has been left for the representative at either of the designated numbers.

(6) In the event of a special meeting of an emergency nature, the LRS administrator shall attempt to notify all media representatives on the list of the meeting by telephone or by electronic mail as soon as reasonably possible prior to the special meeting. Telephone notice shall be complete if a message has been left for the representative at either of the designated numbers.

(7) Any person may, upon payment of an annual fee of ten dollars, request notice of meetings at which a specific subject matter is to be discussed. The LRS administrator shall maintain on a list or other easy to access format, contact information and names of all persons who have requested such notice. When the LRS administrator determines that the subject of interest to such person will be a topic of discussion at a meeting of the LRSC, the LRS administrator shall, at the earliest possible time, send an agenda of the meeting to such persons by electronic mail or by regular, first-class U.S. mail.

Replaces: 5124-5-01

Effective: 08/17/2009

Promulgated Under: 111.15

Statutory Authority: 111.15

Rule Amplifies: 5123.60(D)(1), 121.22(C), (F)

Prior Effective Dates: 12/8/1991

[This rule designated an internal management rule]

(A) Definitions.

(1) “Appellant” means a person who has been represented by the legal rights service (LRS) or has applied for and been denied representation, and whose grievance has been denied by the LRS administrator.

(2) “Confidential” means client information that is confidential under federal or state law, or otherwise governed by the LRS rules on confidentiality.

(3) “Privileged” means information that is subject to the attorney-client privilege as defined at section 2317.02 of the Revised Code or at common law.

(B) Non-grievance referrals.

Except where an appeal has been filed under this rule, in any case where a person contacts a member of the LRSC with a complaint regarding the LRS, the member shall refer the matter to the LRS administrator for processing as a grievance under the LRS grievance policy.

(C) Time for appeal.

An appeal to the LRSC shall be filed at the LRSC headquarters within fifteen business days from the date the notice of the LRS administrator’s decision is sent. The LRSC, by majority vote, may allow the appeal to be filed out of time for good cause shown. The appeal may be filed orally or in writing.

(D) Upon acceptance of the filing, the following shall take place.

(1) A notice shall be sent to the appellant or, if different, the person with a disability who is the subject of the appeal, stating the time and date the LRSC will consider the appeal and outlining the procedure before the LRSC, including the time the appellant has to present the grievance, the possibility of presenting written materials to the LRSC; and the standards for review.

(2) The chair of the LRSC grievance committee shall be notified that an appeal has been filed.

(3) An appeal summary shall be prepared by the LRS and the prepared appeal summary along with copies of all grievance correspondence shall be sent to the members of the grievance committee.

(E) Meeting of the grievance committee.

(1) Before the next meeting of the LRSC, the grievance committee shall meet in executive session to conduct an inquiry into the circumstances of the appeal. At a minimum, the inquiry shall include a review of the grievance, a review of any materials supplied in support of the grievance, and the grievance summary prepared by the LRS.

(2) Subject to all confidentiality requirements set forth in Ohio and federal law, the LRS shall make the appellant’s case file available to the committee. Prior to the meeting and subject to all confidentiality requirements set forth in Ohio and federal law, any grievance committee member may request to be supplied with records relevant to the appeal.

(3) The grievance committee shall give an opportunity to the appellant to speak for a period of no more than ten minutes, during which time the appellant may present other information and arguments as to the validity of the grievance.

(4) After reviewing all material, the grievance committee shall set forth those facts that they determine to be valid and shall use the facts to develop a recommendation for the LRSC.

(F) Meetings of the LRSC.

(1) Upon notice from the LRS, the LRSC chair shall set the appeal on the agenda for the next regularly scheduled LRSC meeting. Should the grievance committee not be able to determine the facts and make a recommendation prior to that meeting, the LRSC will continue the discussion of the appeal until the next regularly scheduled meeting. When the appeal states that time is of the essence, the chair of the LRSC shall call a special meeting and shall place the appeal on the agenda.

(2) Prior to the meeting and subject to all confidentiality requirements set forth in Ohio and federal law, any LRSC member may request to be supplied with records relevant to the appeal.

(3) The LRSC shall consider the appeal in executive session. During the executive session, the grievance committee shall review the facts and findings that it made.

(4) When the LRSC adjourns from the executive session, the grievance committee shall present its recommendation regarding each appeal to the LRSC in the form of a motion. The motion shall not require a second. The LRSC may adopt or reject the recommendation of the committee by a simple majority. The decision of the LRSC is a final administrative decision.

(G) Standards for review.

(1) The LRSC shall summarily deny an appeal when:

(a) The appellant is not the person with a disability who has been represented by the LRS or the person who has applied for and been denied representation; or

(b) An application for service has been denied because the program for which the person is eligible has been closed due to lack of resources.

(2) In all other appeals, the LRSC shall consider the following factors when deciding an appeal:

(a) Whether staff followed the LRS policies and program requirements;

(b) Whether a case acceptance or case management decision was based on the LRS priorities for that federal fiscal year;

(c) Whether available resources allow the LRS to undertake the requested advocacy; and

(d) Whether the LRS followed its grievance procedure in deciding the grievance.

(3) The LRSC shall deny any grievance appeal where, in the independent professional judgment of an LRS attorney, the relief sought has no legal merit.

(4) When any grievance appeal is denied, the LRSC may make recommendation regarding referrals or other means of advocacy for the LRS client.

(H) Attorney general: possible conflicts of interest.

The assistant attorney general for the commission shall be notified if the subject of the appeal is a client’s dispute with either a state agency or a state official who would be represented by the attorney general’s office. The assistant attorney general shall take appropriate steps to avoid a conflict of interest.

(I) Determination.

Written notice of the decision of the LRSC shall be sent to the appellant and, if different, the person with a disability who is the subject of the appeal. Information that is confidential shall not be provided to any person who is not otherwise entitled to obtain that information.

(J) Confidentiality.

(1) The LRSC shall maintain the confidentiality of any records that are required to be kept confidential. Any public deliberation of the appeal shall be by case number only.

(2) The LRSC or the grievance committee will not request, and the LRS will not send information that is privileged unless:

(a) The LRSC determines by a majority vote that the information is essential to resolving the appeal;

(b) The appellant is the person with a disability represented by the LRS, and

(c) The appellant has been provided with information and counsel regarding the attorney client privilege by the LRS administrator or his designee and acknowledges in writing on a form provided by the LRS that he or she still wishes to pursue the appeal.

Effective: 08/17/2009

Promulgated Under: 111.15

Statutory Authority: 111.15

Rule Amplifies: 5123.60(D)(1)