(A) No appointing officer shall appoint a person to fill a position in either the classified or unclassified service of the department of mental health if the person has been convicted of or pleaded guilty to a violation of the following:
(1) Any felony contained in the Revised Code, if the felony bears a direct and substantial relationship to the position being filled;
(2) Any crime contained in the Revised Code constituting a misdemeanor of the first degree on the first offense and a felony on subsequent offenses, if the crime bears a direct and substantial relationship to the position being filled;
(3) An existing or former law of this state, any other state, or the United States, if the law violated is substantially equivalent to any of the offenses described in division (A)(1) or (2) of this section.
(B) The director of mental health shall adopt rules, in accordance with Chapter 119. of the Revised Code, to implement this section.
(C) The director or an appointing officer shall request the bureau of criminal identification and investigation created by section 109.51 of the Revised Code or, at his discretion, any other state or federal agency, to supply him with a written report regarding the criminal records of any applicant. For each investigation undertaken at the department's request under this section, the department shall pay a reasonable fee to the bureau or other state or federal agency conducting the investigation. The amount of the fee shall be determined by the bureau or other state or federal agency conducting the investigation and shall be sufficient to cover the costs of conducting the investigation. The report made by the bureau or other state or federal agency is not a public record for purposes of section 149.43 of the Revised Code and shall not be made available to any person, except the applicant, the appointing officer or his designee, or any hearing officer involved in a case denying employment.
(D) As used in this section, "applicant" means a person who is under final consideration for appointment to a position in the classified or unclassified service of the department of mental health.
Effective Date: 06-07-1984