Current through all regulations passed and filed through December 16, 2024
(A) The OVRC is fully representative of all
blind licensees issued licenses by BSVI pursuant to Chapter 3304. of the
Revised Code.
(1) The OVRC is comprised of
seven representative districts in Ohio.
(a)
The OVRC shall vote on the district boundaries at the meeting preceding October
first.
(b) Districts shall be
centered around Columbus, Zanesville, Akron-Canton, Cleveland, Toledo,
Cincinnati, and Dayton.
(2) The OVRC shall be composed of seven
licensed operators who are elected by the operators assigned to the same
electoral district.
(a) An operator's
electoral district shall be determined by their principle place of business.
Each representative shall represent all operators assigned to the electoral
district.
(b) An alternate
representative shall also be elected for each electoral district.
(c) A representative and an alternate
representative from each district shall be elected for a two-year term
commencing on July first of the year of their election.
(d) If a representative is absent from a
meeting, the alternate representative shall participate in that meeting with
the full rights of the representative.
(e) If a representative is unable to complete
a term, is recalled, ceases to be an operator, or moves from that electoral
district, the alternate representative shall complete the representative's
term. If an alternate representative is unable to complete the term, ceases to
be an operator, is recalled, or moves from that electoral district, or assumes
the representative's position, a new alternate representative shall be elected
through a special election to complete the original alternate representative's
term. No special election for an alternate representative shall occur if there
are ninety days or less remaining in the term at the time of any
vacancy.
(B)
The committee representatives and alternate representatives shall be elected as
follows:
(1) BE shall schedule and conduct a
nominating meeting on or before April first of each year in which the
representatives and alternate representatives are to be elected.
(2) Elections shall be held for OVRC
representatives and alternate representatives in the Toledo, Akron-Canton,
Cleveland, and Cincinnati districts in even numbered years, and in the
Zanesville, Dayton, and Columbus districts in odd numbered years.
(3) An operator must be present at this
meeting, or participate through a telecommunication option, to be nominated as
a representative or alternate representative unless prior approval is granted
by BE. Operators operating a facility through a signed BOA may nominate and
vote, and only for the representative and alternate
representative for the operator's own electoral district.
Operators or
licensees without a permanent BOA may vote in the district based on the
operator's home address. Operators without a permanent BOA are not permitted to
nominate or serve on the OVRC.
(4)
If only one candidate is nominated in a district, that operator shall be
declared the winner by acclamation.
(5) If more than one candidate is nominated
in a district, BE shall prepare a ballot listing all the candidates and BE
shall mail a copy to each operator in the area within five business days of the
nominating meeting. Ballots will be sent electronically
and by mail.
(6) The ballot
shall be counted only if it is marked for one candidate and received on or
before the fifteenth business day from the date the ballot was distributed by
BE. All eligible ballots shall be counted with an OVRC representative present
after this deadline has passed.
(7)
The candidate receiving the most votes shall be the representative and the
candidate receiving the next greatest number of votes shall be the alternate
representative. In case of a tie, the representative shall be the operator with
the most seniority, and the alternate representative shall be the operator who
has the next greatest amount of seniority.
(8) BE shall provide the results of the
representative election to each licensee within the electoral district within
five business days of counting the ballots.
(C) The operators of an established electoral
district may petition OVRC to recall the current elected representative or
alternate representative for misconduct or neglect of duty.
(1) The petition must be approved by
fifty-one per cent of all eligible operators of the given electoral district
and shall clearly specify the charges brought against the elected
representative or alternate representative.
(2) OVRC shall determine if just cause does
exist for a recall ballot and direct BE to send a recall ballot to the eligible
operators if it determines just cause does exist. Two-thirds of the eligible
voting operators of the given electoral district are required to return a
ballot with an affirmative vote to recall a representative or alternate
representative. The results of the ballots shall be effective
immediately.
(D) Special
elections
are triggered in one of two ways: A
representative or alternative seat is vacated; or, a representative or
alternate is not nominated in a regular election nomination meeting. The
special election needs to be requested by an operator. The special election
shall be conducted in the following manner:
(1) BE shall conduct a nominating meeting as
soon as is reasonably possible.
(2)
An operator must be present at this meeting, or participate through a
telecommunication option, to be nominated as a representative or alternate
representative unless prior approval is granted by BE.
Operators operating a facility through a signed BOA
may nominate and vote in the election for the representative for their own
electoral district. Operators or licensees without a
permanent BOA may vote in the district based on the operator's home address.
Operators without a permanent BOA are not permitted to nominate or serve on the
OVRC.
(3)
Unlike a regular election, any operator under a BOA may
nominate them self or others that are not in the electoral district that is
vacant.
(4) If only one
candidate is nominated in
the vacant district, that operator shall be
declared the winner by acclamation.
(5)
If the nomination
includes candidate(s) within the electoral district and candidate(s) from
outside the electoral district the ballot shall only include the internal
electoral district candidate(s).
(6)
Only operators in
the electoral district with the vacancy are permitted to vote in the special
election. Operators or licensee without a permanent BOA may vote in the
district based on the operator's home address. Operators without a permanent
BOA are not permitted to nominate or serve on the OVRC.
(7)
If there are two
candidate(s) nominated and one is within the electoral district and one is from
outside the district, the internal candidate becomes the representative and the
outside candidate becomes the alternate.
(8)
If more than one
candidate is nominated in a district, BE shall prepare a ballot listing all the
internal district candidates and shall distribute, a copy to each operator in
the area within five business days of the date of the nominating
meeting.
(9)
The ballot shall be counted only if it is marked for
one candidate and received on or before the fifteenth business day from the
date the ballot was distributed by BE. All eligible ballots shall be counted
with an OVRC representative present after this deadline has passed.
(10)
In case of a tie, the declared winner
shall be the candidate with the most seniority.
(E) Elections may be conducted electronically
if agreed to by OVRC and BE.
(F)
The OVRC shall establish bylaws outlining how meetings shall be conducted and
how officers will be elected and shall file the bylaws with BE within one week
of adoption.
(G) The OVRC
chairperson or designee shall:
(1) Prepare an
agenda of topics to be discussed by the OVRC at each meeting; and
(2) Communicate to BE the written
recommendations of the OVRC within fifteen business days following such
meetings. These recommendations shall be considered by BE before any decisions
are made except in a situation requiring the immediate action of the BSVI
director.
(H) The full
OVRC committee shall:
(1) Receive and transmit
to the state licensing agency grievances at the request of blind vendors and
serve as advocates for such vendors in connection with such
grievances;
(2) Participate, with
BE, in developing training programs; and
(3) Sponsor, with the assistance of BE,
meetings for licensees.
(I) At the meeting immediately preceding
October first of each year, BE will actively participate with OVRC, and
contingent on the availability of BE funds, shall determine for the next
federal fiscal year, the amount of:
(1)
Co-payment per service call;
(2)
Payments assuring a fair minimum of return pursuant to 34 CFR 395 ;
(3) Benefit payments; and
(4) Rates of reimbursement for actual and
necessary expenses for OVRC representatives and alternate representatives to
attend regular meetings of the OVRC and any other official duties performed on
behalf of the OVRC. Reimbursement for expenses incurred for attending special
meetings is prohibited.
(J) The BSVI director shall meet with the
committee at least twice each federal fiscal year. Special meetings of the
committee shall be convened within ten business days of the written request of
the majority of its members or upon the written request of the BSVI director.
Committee members shall bear the cost of their expenses related to special
meetings. BE shall bear the cost of actual and necessary expenses of committee
members for attendance at regular meetings.
OVRC shall schedule all regular meetings including dates and
times in July of each year. Any OVRC meeting held outside of this schedule
shall not be considered a regular meeting.
(K) The OVRC shall actively participate with
BSVI in major administrative decisions and policy and program development with
respect to BE. Such participation includes, but is not limited to:
(1) Decisions concerning contracts with BE
vendors and suppliers;
(2)
Purchases involving new or existing facilities that are fifty thousand dollars
or more;
(3) The creation of, or
changes to, forms operators are required to complete and/or sign;
(4) Changes to reporting requirements of
operators;
(5) Settlement
agreements being considered by BE;
(6) Extension of a TBOA beyond six
months;
(7) Reconfiguration of a
vacant facility prior to posting;
(8) Known proposals that could cause a major
reduction in funding for the BE program;
(9) Known proposals to amend statutes,
administrative rules, or written policies or procedures affecting
licensees;
(10) Disputes with
grantors where the grantor has indicated the loss of a site or
facility;
(12) As otherwise required in
Chapter 3304:1-21 of the Administrative Code.
(L) BE shall provide the OVRC members
information including, but not limited to, documents or other material
necessary to understand the issues that require active participation four
business days before the next OVRC meeting, or if the issue arises less than
four days before the next OVRC meeting with as much advance notice as
reasonably possible.
(M) OVRC shall
provide the BSVI director information including but not limited to, documents
or other material necessary to understand the issues four business days before
the next OVRC meeting, or if the issue arises less than four days before the
next OVRC meeting with as much advance notice as reasonably possible.
(N) BE shall not take any action on a matter
requiring active participation of OVRC without first securing the active
participation of OVRC, except:
(1) BE may take
action prior to securing active participation of the OVRC if an emergency
occurs in the discretion of the BSVI director. Examples
of an emergency could include but are not limited to selling drugs, caught
stealing, causing a fire in the facility, or assaulting a child. In cases
of emergency, the BSVI director shall make every effort to consult with the
OVRC chair or vice chair prior to taking action, and shall, when such an
emergency has abated, provide to the OVRC chair a written description of the
emergency and the action taken; and
(2) BE may take action on issues requiring
active participation if the OVRC does not respond within five business
days.
(3) The OVRC shall not
actively participate in decision-making processes regarding OOD personnel,
personnel policies, or personnel administration.
(O) BE may invite the OVRC to attend meetings
with third parties concerning BE issues, programs and policies, and all
meetings at which decisions will or may be made concerning any matter that
would require the active participation of OVRC.
(P) Nothing in this rule prohibits the BSVI
director from administering the program and making any and all ordinary
decisions regarding the administration of the program.
