(A) Pursuant to the
requirements of division (B)(2) of section
1347.15
of the Revised Code, this rule contains a list of valid reasons, directly
related to the commission's exercise of its powers or duties, for which only
employees of the commission may access confidential personal information
regardless of whether the personal information system is a manual system or
computer system.
(B) Any of the
following functions normally performed by the commission constitute valid
reasons for authorized employees of the commission to access confidential
personal information:
(1) Responding to a
public records request;
(2)
Responding to a request from an individual for the list of confidential
personal information the commission maintains on that individual;
(3) Administering a provision of the United
States constitution or Ohio constitution directly applicable to the operations
of the commission;
(4)
Administering a provision of Chapter 3773. of the Revised Code;
(5) Administering a provision of agency 3773
of the Administrative Code;
(6)
Complying with any state or federal program requirements;
(7) Processing or payment of
claims;
(8) Auditing
purposes;
(9) Licensure processes,
including determination of eligibility and filing requirements;
(10) Investigation or law enforcement
purposes;
(11) Administrative
hearings;
(12) Litigation,
complying with an order of the court, or subpoena;
(13) Human resource matters, including but
not limited to, hiring, promotion, demotion, discharge, salary or compensation
issues, leave requests or issues, and time card approvals or issues;
(14) Complying with an executive
order;
(15) Complying with an
official commission policy or a state administrative policy issued by the
department of administrative services, the office of budget and management or
other similar state agency; or
(16)
Complying with a collective bargaining agreement provision.
(C) In addition to the general
processes described in paragraph (A) of this rule, in the following specific
processes of the commission, authorized commission employees would have valid
reasons for accessing confidential personal information:
(1) Investigators, attorneys, and staff may
review confidential personal information of individuals who are subject to
investigation for alleged misconduct which may result in discipline.
(2) These same employees may review
confidential personal information of individuals who are not the subject of the
investigation, but may be witnesses with information related to the
investigation.
(3) Confidential
personal information may also be reviewed by these employees and members of the
commission in professional conduct matters which become the subject of
administrative hearings.
