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 agency 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 [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 approval/issues);
(14)
Complying with
an executive order or policy;
(15)
Complying with
an agency 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.
(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)
By necessity for office management, the executive
director, assistant director, and employees in human resource positions shall
have access to confidential personal information contained in personnel
files.
(2)
The executive director, assistant executive director,
and employees in investigative positions shall have access to confidential
personal information of individuals who are subject to investigation. Such
employees shall have access to confidential personal information of individuals
who are not the subject of the investigation, but who otherwise may be
witnesses with information related to the investigation.
(3)
By necessity for
licensure and office management, all employees of the board shall have access
to confidential personal information contained in e-licensing, application
documents, and any other correspondence or documents retrieved while performing
their duties for the board.
(4)
By necessity for
licensure, discipline, and office management, the board members shall have
access to confidential personal information contained in applications,
investigative files, and personnel files. The board members shall also have
access to confidential personal information contained in continuing education
waiver requests.
