Current through all regulations passed and filed through September 16, 2024
(A)
Section
2949.221 of the Revised Code was
enacted to protect the identities of persons who assist the department of
rehabilitation and correction in carrying out a court-ordered sentence of death
by lethal injection, in order to protect those persons from harassment and
potential physical harm. Pursuant to division (D)(2) of section
2949.221 of the Revised Code, a
person who is not an individual must apply in writing to the director of the
department of rehabilitation and correction to receive the rights, protections
and limitations specified in divisions (B)(1), (B)(2), and (B)(3) of section
2949.221 of the Revised Code.
The purpose of this rule is to establish the procedure according to which a
person who is not an individual may apply in writing to the director of the
department of rehabilitation and correction for recognition of the rights,
protections and limitations described in divisions (B)(1), (B)(2), and (B)(3)
of section 2949.221 of the Revised
Code.
(B)
As used in this rule, "person" has the same meaning as
in section 1.59 of the Revised Code
("person" includes an individual, corporation, business trust, estate, trust,
partnership, and association).
(C)
The application
procedure for a person who is not an individual to receive the rights,
protections and limitations specified in divisions (B)(1), (B)(2), and (B)(3)
of section 2949.221 of the Revised Code is
as follows:
(1)
The person shall submit an application in the form of a
letter or other written document to the director of the department of
rehabilitation and correction, addressed to the current address of the
department's operation support center. The application, in the form of a letter
or other written document, shall:
(a)
Identify the person by name, address and phone
number;
(b)
Identify the person's principal contact and his or her
phone number and address;
(c)
Identify the activity under division (B) of section
2949.221 of the Revised Code
that qualifies the person for the rights, protections and limitations specified
in divisions (B)(1), (B)(2), and (B)(3) of section
2949.221 of the Revised
Code;
(d)
Expressly request that the director grant the person's
application for the rights, protections and limitations specified in divisions
(B)(1), (B)(2), and (B)(3) of section
2949.221 of the Revised
Code.
(2)
Upon receipt of a person's application submitted
pursuant to paragraph (C)(1) of this rule, the director, or the director's
designee, shall review the application to determine whether the application
complies with the procedures set forth in this rule.
(3)
If a person's
application complies with the procedures set forth in this rule, the director,
or director's designee, may approve the person's application and provide
written notice of such approval to the person's principal contact identified in
the application.
(a)
The director's approval notice shall advise the person
that the person is entitled to the rights, protections and limitations
specified in divisions (B)(1), (B)(2), and (B)(3) of section
2949.221 of the Revised Code for
a period of twenty years after the person ceases the qualifying activity
described in the application pursuant to paragraph (C)(1)(c) of this
rule.
(b)
The director's approval notice shall also advise that,
upon cessation of the qualifying activity contemplated by section
2949.221 of the Revised Code,
the person must send written notice to the director of the department of
rehabilitation and correction, addressed to the current address of the
department's operation support center, advising that the person has ceased the
qualifying activity and advising of the specific date the qualifying activity
ceased.
(4)
If a person's application does not comply with the
procedures set forth in this rule, the director, or the director's designee,
may deny the application and provide written notice to the person's principal
contact identified in the application of the application's
deficiencies.
(5)
The denial of a person's application does not bar the
person from submitting an additional application.
(6)
All approved
applications and director's approval notices are entitled to the rights,
protections and limitations specified in divisions (B)(1), (B)(2), and (B)(3)
of section 2949.221 of the Revised Code. If
any application of a person is denied by the director due to non-compliance
with this rule, but that person subsequently submits an application that is
approved by the director, then any prior denied applications of that person and
any related director's notices of deficiencies concerning those prior
applications shall also be entitled to the rights, protections and limitations
specified in divisions (B)(1), (B)(2), and (B)(3) of section
2949.221 of the Revised
Code.
