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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 5123-5 | Facility Designations

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

(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 shall 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 shall address, 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 his or her 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 he or she 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 he or she 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 final and may not be appealed.

(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 final and may not be appealed. 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 he or she 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 he or she 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 he or she meets the requirements set forth in this rule.

(D) Professional development plan

Each superintendent of a county board shall 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 shall require that continuing professional education be completed across the span of the superintendent's certification. The employing county board shall approve the superintendent's initial professional development plan within ninety calendar days of the superintendent's hire. Thereafter, the employing county board shall review, update, and approve the superintendent's professional development plan at least once per year.

(E) Professional grade superintendent certifications issued prior to July 4, 2013

(1) Professional grade superintendent certifications issued prior to July 4, 2013 shall remain in effect until their assigned expiration dates. No additional professional grade superintendent certifications shall be issued.

(2) An applicant who held, on July 4, 2013, valid professional grade superintendent certification and who submits an application to the department in the format prescribed by the department prior to expiration of the professional grade superintendent certification, may receive renewal superintendent certification provided the applicant has successfully completed two hundred forty hours of continuing professional education on or after the effective date of the professional grade superintendent certification. Renewal superintendent certification issued in accordance with this paragraph shall be for a term of five years.

(F) Renewal of expired superintendent certification issued on or after July 4, 2013

(1) An applicant who held superintendent certification issued on or after July 4, 2013 in accordance with paragraph (C)(1)(a)(ii) of this rule or paragraph (C)(1)(a)(ii)(a) of rule 5123:2-5-03 of the Administrative Code as it existed on the day immediately prior to the effective date of this rule that has expired for less than one year and who submits an application to the department in the format prescribed by the department, may receive renewal superintendent certification provided the applicant has successfully completed one hundred twenty hours of continuing professional education on or after the effective date of the expired superintendent certification.

(2) An applicant who held superintendent certification that has been expired for one year or more shall be required to meet the standards for initial superintendent certification in accordance with paragraph (C)(1)(a) of this rule.

(G) 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.

(H) Denial, suspension, or revocation

(1) The director shall deny, suspend, or revoke superintendent 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 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 (H)(3) of this rule, the director shall deny or revoke superintendent 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 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 shall 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 shall disclose a conviction that has been sealed.

Supplemental Information

Authorized By: 5123.04, 5126.25
Amplifies: 5123.04, 5123.081, 5126.25
Five Year Review Date: 7/25/2024
Prior Effective Dates: 9/23/1982, 2/1/2007
Rule 5123-5-04 | Denial, suspension, and revocation of adult services, business manager, and service and support administration registration and certification.
 

(A) Purpose

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

(B) Definitions

For the purposes of this rule, the following definitions shall 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 5123:2-5-03 of the Administrative Code and employed in that capacity by a county board.

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

(1) A superintendent shall deny, suspend, or revoke a registration or certification if he or she finds, pursuant to an adjudication, that the applicant for or holder of the registration or 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 shall deny or revoke a registration or certification if he or she finds, pursuant to an adjudication, that the applicant for or holder of the registration or 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 or holder 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 or holder 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 or holder 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 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)(e) of rule 5123:2-2-02 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 5123:2-2-02 of the Administrative Code shall not constitute grounds for the denial or revocation of a registration or certification if the requirements in paragraph (F) of rule 5123:2-2-02 of the Administrative Code are met.

(D) Requirement to disclose conviction

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

(E) Adjudication procedure

(1) The superintendent shall notify an applicant for or holder of registration or certification in writing of his or her intent to deny, suspend, or revoke the applicant's or holder's registration or certification. The notice shall contain the following information:

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

(c) A statement that the applicant for or holder of registration or certification or his or her 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 shall result in the denial, suspension, or revocation of the registration or certification.

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

(6) The hearing examiner shall 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 shall serve the report and recommendation upon the applicant for or holder of registration or certification or his or her attorney.

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

Supplemental Information

Authorized By: 5126.25, 5123.04
Amplifies: 5123.04, 5126.25, 5123.081
Five Year Review Date: 1/1/2024
Prior Effective Dates: 10/10/2002
Rule 5123-5-07 | Investigative agent certification standards.
 

(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 shall 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. 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 pursuant to section 5126.313 of the Revised Code.

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

(C) Description

There are two levels of investigative agent certification. A person who conducts investigations for one or more county boards pursuant to 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 pursuant to 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 department may issue initial level one investigative agent certification 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.

(iv) The applicant shall have submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that he or she meets the requirements set forth in this rule.

(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 department may renew level one investigative agent certification for a five-year period for an applicant who has:

(i) Successfully completed fifty hours of continuing professional education subsequent to the effective date of the preceding level one investigative agent certification, of which at least ten hours shall be 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.

(ii) Submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that he or she meets the requirements set forth in this rule.

(2) Level two investigative agent certification

(a) The department may issue initial level two investigative agent certification 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 pursuant to section 5126.13 of the Revised Code by two or more county boards to conduct investigations pursuant to 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 department may renew level two investigative agent certification for a two-year period for an applicant who has:

(i) Successfully completed twenty hours of continuing professional education subsequent to the effective date of the preceding level two investigative agent certification, of which at least four hours shall be 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.

(ii) Submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that he or she meets the requirements set forth in this rule.

(D) 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 subsequent to the effective date of the preceding investigative agent certification, of which at least twenty hours shall be related to conducting investigations and/or 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.

(E) Renewal of expired 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 of the expired certification as specified in paragraph (C)(1)(c) or (C)(2)(c) of this rule, as applicable.

(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 as specified in paragraph (C)(1)(c) or (C)(2)(c) of this rule, as applicable, and completion of fifteen additional hours of continuing professional education.

(3) Expired professional grade investigative agent certifications may not be renewed; applicants shall be required to meet the requirements for, as applicable, level one investigative agent certification or level two investigative agent certification in accordance with this rule.

(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 shall, 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 shall notify the department in writing within seventy-two hours if he or she becomes aware that a holder of or applicant for investigative agent certification:

(a) Is guilty of serious intemperate, immoral, or conduct unbecoming to his or her position or serious incompetence or negligence within the scope of his or her 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 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, 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 shall 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 shall disclose a conviction that has been sealed.

Supplemental Information

Authorized By: 5123.04, 5126.25
Amplifies: 5123.04, 5123.081, 5126.221, 5126.25
Five Year Review Date: 7/25/2024
Rule 5123-5-08 | Certification standards for business managers of county boards of developmental disabilities.
 

(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 shall hold certification in accordance with this rule.

(B) Definitions

For the purposes of this rule, the following definitions shall 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 5123:2-5-03 of the Administrative Code and employed in that capacity by a county board.

(C) Issuance of initial and renewal certification

There are three alternative paths, based on a person's status on the day immediately prior to the effective date of this rule, for issuance of initial and renewal business manager certification.

(1) Persons who are employed by or under contract with a county board in the position of business manager for one year or longer on the day immediately prior to the effective date of this rule

(a) Initial certification

A superintendent may issue initial business manager certification for a period of five years to a person who, on the day immediately prior to the effective date of this rule, has been employed by or under contract with the county board in the position of business manager for one year or longer.

(b) First and subsequent renewal of certification

(i) A superintendent may renew the business manager certification issued in accordance with paragraph (C)(1)(a) of this rule for subsequent periods of five years provided the business manager has successfully completed, during each year of the five-year period of the preceding business manager certification, at least twenty-five hours of continuing professional education which shall include, but is not limited to:

(a) The department-provided annual training in cost report preparation described in paragraph (N)(3)(b) of rule 5123-4-01 of the Administrative Code;

(b) The rights of individuals with developmental disabilities set forth in sections 5123.62 to 5123.64 of the Revised Code; and

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

(ii) A business manager who fails to meet the requirements to renew business manager certification in accordance with paragraph (C)(1)(b)(i) of this rule shall experience a lapse in business manager certification and shall not be eligible to renew business manager certification until he or she has successfully completed, on or after the effective date of the preceding business manager certification, at least one hundred thirty-five hours of continuing professional education which shall include, but is not limited to, the topics specified in paragraph (C)(1)(b)(i) of this rule.

(2) Persons who are employed by or under contract with a county board in the position of business manager for less than one year on the day immediately prior to the effective date of this rule

(a) Initial certification

A superintendent may issue initial business manager certification for a period of one year to a person who, on the day immediately prior to the effective date of this rule, has been employed by or under contract with the county board in the position of business manager for less than one year.

(b) First renewal of certification

(i) A superintendent may renew the business manager certification issued in accordance with paragraph (C)(2)(a) of this rule for a period of five years provided the business manager has successfully completed, subsequent to becoming the county board's business manager, at least forty hours of continuing professional education which shall include, but is not limited to:

(a) Budgeting;

(b) Financial forecasting;

(c) Monthly financial reporting;

(d) Day-to-day fiscal operations of the county board;

(e) Financial audits of county boards;

(f) Either the department-provided orientation program in cost report preparation described in paragraph (N)(3)(a) of rule 5123-4-01 of the Administrative Code or the department-provided annual training in cost report preparation described in paragraph (N)(3)(b) of rule 5123-4-01 of the Administrative Code;

(g) The rights of individuals with developmental disabilities set forth in sections 5123.62 to 5123.64 of the Revised Code; and

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

(ii) A business manager who fails to meet the requirements to renew business manager certification in accordance with paragraph (C)(2)(b)(i) of this rule shall experience a lapse in business manager certification and shall not be eligible to renew business manager certification until he or she has successfully completed, subsequent to becoming the county board's business manager, at least fifty hours of continuing professional education which shall include, but is not limited to, the topics specified in paragraph (C)(2)(b)(i) of this rule.

(c) Subsequent renewal of certification

(i) A superintendent may renew the business manager certification issued in accordance with paragraph (C)(2)(b)(i) or (C)(2)(b)(ii) of this rule for subsequent periods of five years provided the business manager has successfully completed, during each year of the five-year period of the preceding business manager certification, at least twenty-five hours of continuing professional education which shall include, but is not limited to:

(a) The department-provided annual training in cost report preparation described in paragraph (N)(3)(b) of rule 5123-4-01 of the Administrative Code;

(b) The rights of individuals with developmental disabilities set forth in sections 5123.62 to 5123.64 of the Revised Code; and

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

(ii) A business manager who fails to meet the requirements to renew business manager certification in accordance with paragraph (C)(2)(c)(i) of this rule shall experience a lapse in business manager certification and shall not be eligible to renew business manager certification until he or she has successfully completed, on or after the effective date of the preceding business manager certification, at least one hundred thirty-five hours of continuing professional education which shall include, but is not limited to, the topics specified in paragraph (C)(2)(c)(i) of this rule.

(3) Persons who are not employed by or under contract with a county board in the position of business manager on the day immediately prior to the effective date of this rule

(a) Initial certification

(i) A superintendent may issue initial business manager certification for a period of one year to a person engaged by the county board in the position of business manager on or after the effective date of this rule 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; or

(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.

(ii) A superintendent shall ensure that a person engaged by the county board in the position of business manager on or after the effective date of this rule successfully completes, no later than ninety calendar days after hire, an orientation program of at least eight hours which shall include, but is not limited to:

(a) Overview of the county board, including:

(i) Mission, vision, values, principles, and goals;

(ii) Organizational structure;

(iii) Key policies, procedures, and work rules;

(iv) Ethical and professional conduct and practice; and

(v) 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 sections 5123.62 to 5123.64 of the Revised Code; and

(iii) The requirements of rule 5123:2-17-02 of the Administrative Code.

(c) The department-provided orientation program in cost report preparation described in paragraph (N)(3)(a) of rule 5123-4-01 of the Administrative Code.

(b) First renewal of certification

(i) A superintendent may renew the business manager certification issued in accordance with paragraph (C)(3)(a) of this rule for a period of five years provided the business manager has successfully completed:

(a) The eight-hour orientation program described in paragraph (C)(3)(a)(ii) of this rule; and

(b) At least forty hours of continuing professional education during the period of the initial business manager certification which shall include, but is not limited to:

(i) Budgeting;

(ii) Financial forecasting;

(iii) Monthly financial reporting;

(iv) Day-to-day fiscal operations of the county board; and

(v) Financial audits of county boards.

(ii) A business manager who fails to meet the requirements to renew business manager certification in accordance with paragraph (C)(3)(b)(i) of this rule shall experience a lapse in business manager certification and shall not be eligible to renew business manager certification until he or she has successfully completed, subsequent to becoming the county board's business manager, the eight-hour orientation program described in paragraph (C)(3)(a)(ii) of this rule and at least fifty hours of continuing professional education which shall include, but is not limited to, the topics specified in paragraph (C)(3)(b)(i)(b) of this rule.

(c) Subsequent renewal of certification

(i) A superintendent may renew the business manager certification issued in accordance with paragraph (C)(3)(b)(i) or (C)(3)(b)(ii) of this rule for subsequent periods of five years provided the business manager has successfully completed, during each year of the five-year period of the preceding business manager certification, at least twenty-five hours of continuing professional education which shall include, but is not limited to:

(a) The department-provided annual training in cost report preparation described in paragraph (N)(3)(b) of rule 5123-4-01 of the Administrative Code;

(b) The rights of individuals with developmental disabilities set forth in sections 5123.62 to 5123.64 of the Revised Code; and

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

(ii) A business manager who fails to meet the requirements to renew business manager certification in accordance with paragraph (C)(3)(c)(i) of this rule shall experience a lapse in business manager certification and shall not be eligible to renew business manager certification until he or she has successfully completed, on or after the effective date of the preceding business manager certification, at least one hundred thirty-five hours of continuing professional education which shall include, but is not limited to, the topics specified in paragraph (C)(3)(c)(i) of this rule.

(D) Application fee

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

(E) Reciprocity

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

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

(F) Administrative review

An applicant whose application for business manager certification 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.

(G) 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.

Supplemental Information

Authorized By: 5126.25, 5126.121, 5123.04
Amplifies: 5123.04, 5126.25, 5126.121, 5126.054
Five Year Review Date: 1/1/2024