Current through all regulations passed and filed through September 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;
(8)
Auditing
purposes;
(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
a board 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)
Conducting investigations of persons licensed by the
board, including the review of information collected on subjects, witnesses, or
records associated with the investigation;
(2)
Reporting
administrative actions and disciplinary records, pursuant to state or federal
law;
(3)
Monitoring compliance of board administrative actions,
including the review of all internal and external reports and data used to
facilitate the monitoring process;
(4)
Records
maintenance processes, including filing, copying, scanning, and monitoring,
or
Five Year Review (FYR) Dates:
09/19/2016 and
09/19/2021
Promulgated
Under: 119.03
Statutory
Authority: 4753.05(A)
Rule Amplifies:
1347.15
Prior
Effective Dates: 01/01/2011
