Chapter 5124-1 General Provisions

[This rule designated an internal management rule]

(A) Except as provided under sections 5123.602, 5123.603 and 5123.604 of the Revised Code, relationships between personnel and the agents of the legal rights service (LRS) and its clients shall be fiduciary relationships, and all communications shall be privileged as between attorney and client.

(B) Except as provided in divisions (D) and (G)(5) of section 5123.60 and divisions (B) and (C) of section 5123.603 of the Revised Code, and rule 5124-4-06 of the Administrative Code, all records received or maintained by the LRS in connection with any requests for services, investigation, representation, or other activity shall be confidential and shall not be disclosed except as authorized by the person represented by the LRS or, subject to any privilege, a guardian of the person or parent of the minor.

(C) The LRS shall maintain confidentiality of client information at all times, including but not limited to, the following:

(1) The identity of a client;

(2) Any complaint, charge, inquiry or investigation related to a client;

(3) Any communication between the LRS and the client; and,

(4) All papers, records, affidavits and documents related to a client.

(D) The LRS shall disclose privileged information about a client only upon the informed consent of the client. Consent occurs when the client has signed or has given verbal permission to release information to another individual. The LRS shall provide reasonable accommodation to clients who cannot provide written or verbal consent. Consent by the client shall be maintained by the LRS in the client’s records.

(E) Except as provided under sections 5123.601 to 5123.604 of the Revised Code, the client is entitled to a copy of all or part of the client’s record upon his or her request. The request shall be made in writing on a form approved by the LRS administrator. The first copy of the client’s record may be provided to the client without charge. Unless waived by the administrator for good cause, additional copies shall be subject to a reasonable charge as determined by the administrator.

(F) The LRS shall ensure that any contract which it enters into with another organization or individual for the provision of services under section 5123.60 or 5123.601 of the Revised Code shall provide for the maintenance of client confidentiality pursuant to this rule.

(G) Where the LRS represents a class in a court action and has been appointed class counsel, the LRS shall take such steps as are appropriate to protect information regarding class members that would be confidential under this rule. However, nothing in this rule shall be interpreted as preventing the LRS from using such information in any manner it determines to be necessary for the prosecution of the court action.

Replaces: 5124-1-05

Effective: 08/17/2009

Promulgated Under: 111.15

Statutory Authority: 111.15

Rule Amplifies: 5123.60

Prior Effective Dates: 9/2/76, 6/9/80, 9/24/92

[This rule designated an internal management rule]

(A) The legal rights service (LRS), on the order of the LRS administrator, with the approval by an affirmative vote of at least four members of the legal rights service commission, may compel by subpoena the appearance and sworn testimony of any person the administrator reasonably believes may be able to provide information or to produce any documents, books, records, papers, or other information necessary to carry out its duties.

(B) Every subpoena issued by the LRS shall state the matter for which the subpoena is issued, and shall command each person to whom it is directed to appear and give testimony at a specific time and place. Every subpoena issued by the LRS requesting a person to produce documentary evidence shall state with specificity the evidence requested.

(C) A subpoena may be served by any employee of the LRS or any person designated by the administrator. A subpoena shall be served in any manner authorized in a criminal case under the rules of criminal procedure prescribed by the supreme court of Ohio.

(D) When a subpoena is issued by the LRS, the costs of such service, witness and mileage fees shall be borne by the LRS. Witness and mileage fees shall be the same as paid by the common pleas courts of Ohio.

(E) On the refusal of any person to produce or authenticate any requested documents, the administrator may cause an application to be filed in the Franklin county court of common pleas to compel the production or authentication of requested documents. If the court finds that the failure to produce or authenticate any requested documents was improper, the court may hold the person in contempt as in the case of disobedience of the requirements of a subpoena issued from the court, or a refusal to testify in the court and may grant other relief, including the LRS attorney’s fees and other costs of the action, as may be appropriate. The administrator shall seek reasonable costs and attorneys fees associated with the application to compel production.

Replaces: 5124-1-08

Effective: 08/17/2009

Promulgated Under: 111.15

Statutory Authority: 111.15

Rule Amplifies: 5123.60

Prior Effective Dates: 9/24/1992

[This rule designated an internal management rule]

(A) For purposes of this rule, terms shall be defined as follows:

(1) “Professional services” means:

(a) Legal services, which includes any type of consultation, analysis, advice, or representation on a legal matter given to a person or other entity by a lawyer, and

(b) Counseling and social work services as defined at divisions (A) and (C) of section 4757.01 of the Revised Code.

(2) “Outside employment” means any service performed or aid rendered for remuneration for any employer other than the legal rights service (LRS).

(3) “Volunteer activities” means any service or aid provided by an employee of the LRS on a voluntary basis and without remuneration.

(4) “LRS areas of concern” are those activities, services, or organizations which are established for the primary benefit of people with disabilities.

(B) No employee of the LRS shall solicit or accept anything of value that is of such a nature as to demonstrate a substantial and improper influence upon the employee with respect to his or her duties.

(C) No employee of the LRS may engage in any activity that creates a conflict between an employee’s obligation to the agency or its clients and the employee’s private interests.

(D) Any person employed by the LRS may engage in volunteer activities if such activities do not represent a conflict of interest with the LRS areas of concern or interfere with the employee’s responsibilities.

(1) A person engaging in such activities shall indicate to the recipient of the employee’s volunteer services that he or she is not acting as a representative of the LRS.

(2) Employees must notify the LRS administrator if they are involved in any volunteer activities that are or may be related to the LRS’ areas of concerns.

(E) Any person employed by the LRS may engage in outside employment, except as provided in paragraph (E) of this rule, only when all of the following conditions are met:

(1) The outside employment does not interfere with the person’s responsibilities to the LRS;

(2) The outside employment does not represent a conflict of interest with the interest of the LRS; and,

(3) The outside employment is unrelated to the LRS areas of concern.

(F) No employee of the LRS shall provide professional services outside the scope of employment except that professional services may be provided to family, close friends, or a not for profit corporation when:

(1) The employee receives no compensation for providing the professional service;

(2) The professional service does not interfere with the employee’s responsibilities at the LRS;

(3) The professional service does not represent a conflict of interest for the LRS;

(4) The employee has indicated in writing to the recipient of professional services that he is not acting in the capacity of an employee of the LRS;

(5) The professional service does not involve representation before any tribunal, administrative forum, legislative body, or the appearance as attorney of record in a court; and,

(6) Where the recipient of professional services is a not for profit corporation,

(a) The employee has made arrangements for liability coverage, and

(b) The administrator has given the employee written approval to provide the professional services.

(G) Any employee of the LRS who engages in volunteer activities under paragraph (D) of this rule or outside employment under paragraph (E) or (F) of this rule shall not use any of the resources of the LRS to perform such services.

(H) Any employee of the LRS who engages in outside employment or volunteer activities under paragraph (D), (E), or (F) of this rule shall not be indemnified nor shall the cost of defense be borne by the state of Ohio for any claim arising out of such outside employment or volunteer activity.

Replaces: 5124-1-09

Effective: 08/17/2009

Promulgated Under: 111.15

Statutory Authority: 111.15

Rule Amplifies: 5123.60

Prior Effective Dates: 9/2/76, 1/9/78, 6/9/80, 9/24/92

[This rule designated an internal management rule]

(A) This rule is adopted to maintain the legal rights service (LRS) policy of strict confidentiality with respect to client information and to minimize disruption with the official duties of the LRS employees. It is also intended to provide for the orderly and efficient processing of all requests for testimony and documents.

(B) For purposes of this rule terms shall be defined as follows:

(1) “Employee” means employees and former employees of the LRS and those designated or under contract to the LRS to provide services to the LRS clients, and includes the LRS itself; and,

(2) “Testimony” means oral statements before a court, legislature, or administrative body, and statements made pursuant to depositions, interrogatories, affidavits, declarations, or other formal participation.

(C) It is the policy of the LRS that all information gathered in the course of its official duties is confidential, as between attorney and client or as otherwise specified by sections 5123.60 and 5123.601 of the Revised Code. No employee may provide testimony or produce documents in any proceeding to which this rule applies concerning information acquired in the course of the employee’s official duties at the LRS or because of the employee’s official relationship with the LRS unless prior written authorization is obtained from the LRS administrator.

(D) All requests for testimony by or the production of documents from an employee must be in the form of a subpoena or other formal, written process and must state the nature of the requested testimony or documents, why the information sought is unavailable by any other means, and the reasons why the testimony or production of documents would be in the interests of the LRS and its client.

(E) Where the LRS administrator denies the request or has not acted prior to the return date, the employee will appear at the stated time and place, produce a copy of this rule and decline to testify on the basis of the LRS statute, this rule, and rule 5124-1-01 of the Administrative Code, and, where appropriate, the attorney-client privilege or any other privilege available to the employee in that circumstance. The LRS reserves the right, in the discretion of the administrator, to file a motion to quash any subpoena or other process or to file for a protective order prior to the return date.

Replaces: 5124-1-10

Effective: 08/17/2009

Promulgated Under: 111.15

Statutory Authority: 111.15

Rule Amplifies: 5123.60

Prior Effective Dates: 9/24/1992

[This rule designated an internal management rule]

(A) The purpose of this rule is to set forth a procedure for the filing and determination of grievances against the legal rights service (LRS). This rule implements division (D)(1) of section 5123.60 of the Revised Code. This rule shall be interpreted to encourage resolution of complaints at the lowest possible level.

(B) All notices required under this rule shall be sent by certified mail, return receipt requested.

(C) As used in this rule, terms shall be defined as follows:

(1) “Grievance” means a complaint concerning the LRS services filed by a grievant.

(2) “Grievant” means a person who has been represented by the LRS or has applied for and been denied representation; that person’s parent, if a minor, or court appointed guardian; or, any other source of a complaint regarding the person.

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

(4) “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, or by the ombudsperson privilege established at division (C) of section 5123.603 of the Revised Code.

(5) “Administrator’s designee” means the LRS personnel designated by the LRS administrator to hear and resolve grievances under this rule.

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

(D) Filing of a grievance.

(1) A grievance must be filed within fifteen business days of the event which is grieved.

(2) The administrator or his or her designee may allow the grievance to be filed out of time for good cause shown.

(3) Grievances may be filed in writing or orally with the LRS case worker or through the LRS intake service. The LRS staff shall assist a client with filing the grievance.

(4) Written confirmation, including a summary of the grievance, shall be sent to the grievant.

(E) Standard for review of grievance.

(1) The following factors shall be considered in deciding a grievance under this rule:

(a) Whether the interests of the person with a disability and the grievant conflict;

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

(c) Whether the LRS policies were followed;

(d) Whether a case acceptance or case management decision, including a decision to provide legal representation, was based on the LRS priorities for that federal fiscal year; and

(e) Whether available resources allow the LRS to undertake the requested advocacy.

(2) A grievance regarding a decision involving the independent professional judgment of an attorney on staff shall be denied unless the administrator determines that the case should be reopened for additional legal review.

(3) A grievance regarding a decision made by the administrator shall be reviewed by the legal rights service commission (LRSC).

(F) Supervisor review.

(1) Initial review of a grievance shall be conducted by the immediate supervisor of the person whose conduct is the subject of the grievance, or, if the subject of the grievance is an initial application for services that has been denied, the grievance shall be reviewed by the administrator’s designee.

(2) The supervisor or administrator’s designee shall contact the grievant, and shall attempt to resolve the complaint through informal means.

(3) Resolution shall be based on the criteria under this rule.

(4) The supervisor or administrator’s designee shall issue a decision or otherwise resolve the grievance within fifteen business days of the filing date, unless the circumstances indicate that time is of the essence, in which case the supervisor must decide the case expeditiously in order to protect client interests.

(5) If the grievance is resolved at this level, written confirmation shall be sent to the grievant and, if different, the person with a disability. Information that is confidential or privileged shall not be provided to any person who is not otherwise entitled to obtain that information.

(G) Appeal to the LRS administrator.

(1) If the grievance is denied or is otherwise not resolved by the supervisor or administrator’s designee , the grievant may appeal to the administrator.

(2) An appeal to the administrator must be taken within fifteen business days after the date the notice of the supervisor’s or administrator’s designee’s decision is sent.

(3) The administrator may allow the appeal to be filed out of time for good cause shown.

(4) An appeal may be filed in writing or orally.

(H) Appeal procedures.

(1) The administrator’s designee shall prepare a grievance summary.

(2) The administrator may make a summary determination of the grievance appeal where time is of the essence.

(3) In all other appeals, the administrator shall provide the grievant an opportunity to present written materials and may permit the grievant and, if different, the person with a disability, an opportunity to present information in person or by telephone where, in the discretion of the administrator, this would assist in the resolution of the appeal.

(4) The administrator shall decide the appeal within ten business days of the date the appeal is filed. The decision shall be based on the criteria under this rule.

(5) Written notice of the decision of the administrator shall be sent to the grievant and, if different, the person with a disability. Information that is confidential or privileged shall not be provided to any person who is not otherwise entitled to obtain that information.

(6) The decision of the administrator is the final administrative decision, unless the grievant is a person who has been represented by the LRS or has applied for and been denied representation, in which case the person may appeal the decision to the LRSC.

(I) Notice of legal rights service commission (LRSC) action.

(1) The administrator or his designee shall cause to be sent to the appellant notice of the date, time, and location that the LRSC will consider the appeal, as well as any necessary forms to process the appeal.

(2) Upon a decision by the LRSC, the administrator or his designee shall cause written notice of the decision of the LRSC to be sent to the appellant and, if different, the person with a disability who is the subject of the appeal.

(3) Information that is confidential shall not be provided to any person who is not otherwise entitled to obtain that information.

Replaces: 5124-1-06

Effective: 08/17/2009

Promulgated Under: 111.15

Statutory Authority: 111.15

Rule Amplifies: 5123.60

Prior Effective Dates: 9/24/1992

Rescinded eff 8-17-2009

Rescinded eff 8-17-2009

Rescinded eff 8-17-2009

Rescinded eff 8-17-2009

Rescinded eff 8-17-2009