Current through all regulations passed and filed through December 16, 2024
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 board's
exercise of its powers or duties, for which only employees of the board may
access confidential personal information (CPI) regardless of whether the
personal information system is a manual system or computer system:
(A)
Performing the following functions constitute valid reasons for authorized
employees of the board to access confidential personal information:
(1)
Responding to a
public records request;
(2)
Responding to a request from an individual for the
list of CPI the board maintains on that individual;
(3)
Administering a
constitutional provision or duty;
(4)
Administering a
statutory provision or duty;
(5)
Administering an
administrative rule provision or duty;
(6)
Complying with
any state or federal program requirements;
(7)
Processing or
payment of claims or otherwise administering a program with individual
participants or beneficiaries;
(9)
Licensure [or permit, eligibility, filing, etc.]
processes;
(10)
Investigation or law enforcement purposes;
(11)
Administrative hearings;
(12)
Litigation,
complying with an order of the court, or subpoena;
(13)
Human resource
matters (e.g., hiring, promotion, demotion, discharge, salary/compensation
issues, leave requests/issues, time card approvals/issues);
(14)
Complying with
an executive order or policy;
(15)
Complying with
an board policy or a state administrative policy issued by the department of
administrative services, the office of budget and management or other similar
state board; or
(16)
Complying with a collective bargaining agreement
provision.
(B)
To the extent that the general processes described in
paragraph (A) of this rule do not cover the following circumstances, for the
purpose of carrying out specific duties of the board, authorized employees
would also have valid reasons for accessing CPI in these following
circumstances:
(1)
Employees of the board conducting an investigation may
review CPI of individuals who are subject to investigation for alleged
misconduct that may result in licensure discipline. Such employees may review
CPI of individuals who are not the subject of the investigation, but who
otherwise may be witnesses with information related to the investigation. CPI
may be reviewed by such employees and members of the board in professional
conduct matters that become the subject of an investigation or administrative
hearing.
(2)
Employees of the board may review CPI of students who
apply for or participate in the board's intern development program fee
reimbursement program for the purpose of carrying out those programs.
(3)
Employees of the board may review CPI of persons who hold or are applying for
or renewing a license issued by the board for the purpose of carrying out the
licensing program.
(4)
Employees of the board may review CPI of persons who
are applying to take the "Architect Registration Exam" or who are in the
process of taking the "Architect Registration Exam" for the purpose of carrying
out the licensing program.
Replaces: 4703-4-03