5123.082 Certification and registration requirements for employees.
5123.082 Certification and registration requirements for employees.
(A) The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code:
(1) Designating positions of employment for which the director determines that certification or evidence of registration is required as a condition of employment in the department of developmental disabilities, entities that contract with the department or county boards of developmental disabilities to operate programs or provide services to persons with mental retardation and developmental disabilities, or other positions of employment in programs that serve those persons. The rules shall designate the position of investigative agent, as defined in section 5126.20 of the Revised Code, as a position for which certification is required.
(2) Establishing levels of certification or registration for each position for which certification or registration is required;
(3) Establishing for each level of each position the requirements that must be met to obtain certification or registration, including standards regarding education, specialized training, and experience. The standards shall take into account the nature and needs of persons with mental retardation or a developmental disability and the specialized techniques needed to serve them. The requirements for an investigative agent shall be the same as the certification requirements for an investigative agent under section 5126.25 of the Revised Code.
(4) Establishing renewal schedules and renewal requirements for certification and registration, including standards regarding education, specialized training, and experience. The renewal requirements for an investigative agent shall be the same as the renewal requirements for an investigative agent under section 5126.25 of the Revised Code.
(5) Establishing procedures for denial, suspension, and revocation of a certificate or evidence of registration, including appeal procedures;
(6) Establishing other requirements needed to carry out this section.
(B) The director shall issue, renew, deny, suspend, or revoke a certificate or evidence of registration in accordance with rules adopted under this section. The director shall deny, suspend, or revoke a certificate or evidence of registration if the director finds, pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, that an applicant for or holder of a certificate or evidence of registration is guilty of intemperate, immoral, or other conduct unbecoming to the applicant’s or holder’s position, or is guilty of incompetence or negligence within the scope of the applicant’s or holder’s duties. The director shall deny or revoke a certificate or evidence of registration after the director finds, pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, that the applicant for or holder of the certificate or evidence of registration has been convicted of or pleaded guilty to any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code, unless the individual meets standards for rehabilitation that the director establishes in the rules adopted under that section. Evidence supporting such allegations must be presented to the director in writing, and the director shall provide prompt notice of the allegations to the person who is the subject of the allegations. A denial, suspension, or revocation may be appealed in accordance with the procedures established in rules adopted under this section.
(C) A person holding a valid certificate or evidence of registration under this section on the effective date of any rules adopted under this section that increase the certification or registration standards shall have the period that the rules prescribe, but not less than one year after the effective date of the rules, to meet the new standards.
(D) No person shall be employed in a position for which certification or registration is required under rules adopted under this section, unless the person holds a valid certificate or evidence of registration for the position.
Amended by 128th General Assembly ch. 7, SB 79, § 1, eff. 10/6/2009.
Effective Date: 06-06-2001