Ohio Administrative Code 3375 — State Library Board

Chapter 3375-1 Operation of State Library Board

Ohio Adm.Code 3375-1-01 Rules and regulations for operation of the state library board.

(A) By June thirtieth of each year the state library board shall approve the schedule of regular meetings for the upcoming fiscal year.

(1) Meetings shall be held at the state library unless otherwise designated by the president in the call.

(2) The secretary of the board, subject to the approval of the president, shall prepare the agenda for each meeting. Any member of the state library board may request the secretary to place a specific item on the agenda.

(3) The president shall preside at all meetings and shall perform such duties as are usually performed by such officer and those required by the rules and resolutions of the board. The vice-president shall, in the absence of the president, perform his/her duties.

(4) Generally observed parliamentary rules not in conflict with these bylaws shall be observed in conducting the meetings. The order of business shall be as follows:

(a) Roll call

(b) Minutes of preceding meeting

(c) Public participation time

(d) Federal Library Services and Technology Act business.

(e) Report of the state librarian

(f) Election of officers, during the meeting prior to the beginning of each fiscal biennium

(g) Unfinished business

(h) New business

(B) Special meetings may be called by the president, and shall be called by the president upon the written request of two or more members of the board. Such request shall state the purpose for which the meeting is requested and shall be directed to the president, with a copy to the secretary. Notice of special meetings must be sent to each member of the board at least forty-eight hours in advance of the hour and the day set for the meeting and must state the purpose of the meeting.

(C) Three members of the board shall constitute a quorum for any regular or special meeting.

If a state library board member fails to attend at least three-fifths of the regular and special meetings held by the board during any twelve-month period, the board shall vote at its next regularly-scheduled meeting whether to recommend to the director of the department of education and workforce that the member should be removed from or not reappointed to his/her position.

(D) Meetings of the board shall be open to the public in accordance with section 121.22 of the Revised Code.

(1) Each meeting of the board shall include time for public participation. A person wishing to address the board will make a written request to the secretary of the board.

(2) Remarks shall be limited to five minutes but may be extended by the president or motion of the board when available time and the nature of the subject warrant.

(3) Cameras and photographic equipment are permitted as long as their use does not interfere with the normal business of the board.

(4) Any person may learn the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings by:

(a) Writing to the "State Librarian, The State Library of Ohio, " at its business address;

(b) Calling the office of the state librarian during normal business hours;

(c) Consulting the state library's website.

(5) Any representative of the news media may obtain notice of all special meetings by requesting in writing that such notice be provided. Such notice will only be given, however, to one representative of any particular publication or radio or television station. A request for such notification shall be addressed to the state librarian. The request shall provide the name of the individual media representative to be contacted, his/her mailing address and a maximum of two telephone numbers where he/she can be reached. The state librarian's designee shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to this paragraph.

(6) The state library board shall notify the public and media (who have requested notice) at least seventy-two hours in advance of any regular meeting to be held including a video conference or similar electronic technology. Notifications of special meetings shall follow the protocols as outlined in paragraphs (D)(4) to (D)(7) of rule 3375-1-01 of the Administrative Code.

(7) In accordance with section 121.221 of the Revised Code, the state library board will conduct hybrid meetings to allow only those board members unable to participate physically due to an emergency to participate virtually while ensuring in-person access for the public.

(a) The state library board shall provide notification of regularly scheduled meetings to the public following the rules set forth in paragraph (D)(4) of rule 3375-1-01 of the Administrative Code. In the event of a meeting for an emergency requiring immediate official action, the board shall follow the rules as set in rules set forth in paragraphs (D)(4) to (D)(7) of rule 3375-1-01 of the Administrative Code.

(b) In line with state library board resolution 25-1, regular meetings will implement livestreaming for the portion of the board meetings open to the public, subject to the following conditions: first, that the livestream is temporaneous and not in existence after the conclusion of the meeting; second, the board stipulates that public participation must occur in person at the meeting and not via the livestream; third, that any and all executive sessions will not be livestreamed; and finally, that the ability to livestream is subject to the availability of high-speed internet in the locale of the meeting.

(c) The public must be able to observe and hear all discussions and deliberations at the designated in-person location, regardless of whether board members are attending in person or virtually.

(d) Public participation will be available to the public by attending in person at place of meeting and will be heard by both board members attending in person and virtually, consistent with paragraphs (D)(1) to (D)(3) of rule 3375-1-01 of the Administrative Code.

This policy ensures compliance with section 121.221 of the Revised Code, which requires public access to meetings conducted via video conference or similar electronic technology.

(8) Those board members participating virtually who are unable to participate physically due to an emergency shall be considered present and counted toward a quorum.

(9) A board member wishing to attend virtually must notify the board president as soon as reasonably possible.

(10) The board president will determine whether or not the board member requesting to participate virtually is unable to participate physically due to an emergency.

(11) Hybrid meetings or virtual attendance by board members shall not be permitted when:

(a) Voting on a major non-routine expenditure;

(b) Voting on a significant hiring decision;

(c) If, upon the notification of an upcoming meeting of a public body, and not later than forty-eight hours before the meeting, two members of the public body notify the board president that an item on the agenda must be acted upon at a fully in-person meeting, then upon the board president's acknowledgment of receipt of the notification, the state library board shall take action on that item only at a meeting conducted fully in person;

(d) Special meetings, as defined in this policy.

(12) Technology requirements

(a) Board members participating virtually must use a stable internet connection with video and audio capabilities that allow them to be seen and heard clearly.

(b) If a technical failure prevents a board member from being seen and heard, they will be considered absent for that portion of the meeting.

(13) Compliance and amendments

(a) This policy shall be reviewed regularly and may be amended by a majority vote of the state library board.

(b) The state library board shall comply with all applicable Ohio laws and regulations regarding public meetings.

(14) In the event of a special meeting not of an emergency nature, the state librarian's designee shall notify all media representatives on the list of such meeting by doing at least one of the following:

(a) Sending written notice, which must be mailed no later than four calendar days prior to the day of the special meeting;

(b) Notifying such representatives by telephone no later than twenty-four hours prior to the special meeting. Such telephone notice shall be complete if a message has been left for the representative; or if, after reasonable effort, the state librarian's designee has been unable to provide such telephone notice;

(c) Informing such representative personally no later than twenty-four hours prior to the special meeting.

(15) In the event of a special meeting of an emergency nature, the state librarian's designee shall notify all media representatives on the list of such meeting by providing either the notice described in paragraph (E)(6)(b) of this rule; or that described in paragraph (E)(6)(c) of this rule; or notifying the state house press room. In such event, however, the notice need not be given twenty-four hours prior to the meeting, but shall be given as soon as possible. In giving the notices required by paragraphs (E)(6) and (E)(7) of this rule, state librarian's designee may rely on assistance provided by any member of the state library staff; and any such notice is complete if given by such member in the manner provided in said paragraphs.

(16) Minutes of meetings of the state library board shall be prepared promptly by the state librarian, and shall be distributed to board members in advance of the next meeting of the board, at which time they shall be approved. Upon approval, copies of the minutes shall be available for public inspection online at the state library's website and during normal business hours in the office of the state librarian.

(E) A president and a vice-president shall be elected at the board's regular meeting, prior to the beginning of each fiscal biennium. The term of office shall be for the fiscal biennium.

(1) Nominations for such officers may be made at the meeting.

(2) A member shall not be re-elected to succeed himself in the office of president or vice-president, but shall be eligible for election to that office after it has been held by another member of the board (section 3375.01 of the Revised Code)

(3) In the event of a vacancy in the office of president, the vice-president shall accede to that office to serve for the remainder of the biennial term. The board thereupon shall elect a vice-president for the same term. Election of a vice-president for a partial term shall not preclude the member from being elected to a subsequent full two-year term.

(F) The state librarian shall serve as secretary of the board (section 3375.02 of the Revised Code).

(G) The board shall act as a committee of the whole. Special committees may be appointed by the president of the board for specific purposes and will continue to exist until the duty assigned to them is discharged unless discharged sooner by the board.

(H) The name of the library agency of the state of Ohio shall be "The State Library of Ohio."

(I) The state librarian shall be appointed by and hold office at the pleasure of the board (section 3375.02 of the Revised Code).

(J) Qualifications. The state librarian must be a citizen of the United States and shall have the following qualifications: A master's degree in library science from an American library association accredited library school and significant library experience.

(K) Duties. The state librarian shall administer the state library and the state's library development program in accordance with the law and the policies of the board and in accordance with good library practice. He/she shall prepare a budget and disburse funds; appoint and supervise the staff; be responsible for public relations and publicity; recommend policies to the board; study the problems of Ohio libraries and recommend development programs to the board; report regularly upon finances, the program of the state library, and the status of library development (section 3375.02 of the Revised Code).

(L) The state librarian shall give his/her full time to the duties of his/her office.

(M) The state librarian has the authority to appoint and remove the employees of the state library (section 3375.02 of the Revised Code).

(N) Selection of staff members shall be based solely upon merit, with due consideration of knowledge, skills and abilities for the position involved. As an equal opportunity employer, there shall be no discrimination in the selection of employees by reason of religion, national origin, race, sex, political affiliation, color, sexual orientation, genetic information, age, disability, military status or any other consideration which is unrelated to merit or qualifications.

(O) The state librarian may make such administrative orders as he/she sees fit, and publish these for the guidance and information of the staff and public, provided such orders are not in conflict with the policies, rules, and regulations of the board.

(P) Organization. The state librarian may organize divisions and departments of the library and assign staff to these in accordance with policies established by the board (section 3375.04 of the Revised Code).

(Q) The state librarian shall receive and review applications for grants under the federal Library Services and Technology Act program, and shall recommend to the state library board action upon such applications. He/she is authorized to review and act upon applications for grants of less than five thousand dollars and to make payment of such grants. Action on these shall be reported to the next meeting of the state library board.

(R) Reports.

(1) The state librarian shall report regularly upon the finances and programs of the library and shall also compile an annual report.

(2) The state librarian shall compile statistics and information concerning the operation of the public libraries of the state.

(S) Hours. The hours of the state library shall be from eight a.m. to five p.m., Monday through Friday. Public service hours may vary.

(T) The state librarian and assigned designees reserve the right to regulate activities by any non-employee or employee which disrupts or interferes with the normal work flow or use of the facility.

(U) This board shall, in accordance with sections 3375.01, 3375.81 and 3375.82 of the Revised Code, adopt and publish rules for the administration of state aid, subsidy, and grant programs, including provision for amendment of such rules.

(V) This board shall also adopt rules for exercising, under the Administrative Procedure Act, its responsibility under divisions (G), (H), and (K) of section 3375.01 of the Revised Code.

(W) These rules may be rescinded or amended, or new rules adopted, at any regular meeting of the library board provided that the intent to make such change is indicated in the agenda.

Last updated July 1, 2026 at 8:58 AM

History

• Effective: July 1, 2026
• Promulgated Under: 111.15

Chapter 3375-2 State Grants

Ohio Adm.Code 3375-2-05 Grants.

(A) Grants are made by the state library board to carry out the several purposes of the statutes and the federal library development programs for which the state library board is responsible.

(B) Grants may be made for the improvement of library services according to purposes, policies, and priorities in the state plan for administration of the federal Library Services and Technology Act as adopted by the state library board, and approved by the federal institute of museum and library services. These grants from federal Library Services and Technology Act funds include those for: improving access to information resources for Ohio residents through the effective use of technology; developing and maintaining a system for the access and delivery of library resources to all Ohio residents; ensuring equal access to library resources for the underserved; or for other purposes as may be authorized in the future by federal law. Grants may be made from state funds or from any other sources.

Last updated October 7, 2024 at 11:59 AM

History

• Effective: August 21, 2000
• Promulgated Under: Ch 119.

Ohio Adm.Code 3375-2-06 Administration of grants.

(A) Each library or library organization receiving funds or grants shall certify to the state library board that it is complying with all the laws of the state of Ohio.

(B) Proposals and applications for grants shall be prepared and submitted in a form determined by the state librarian.

(C) Recipients of funds or grants will keep adequate records of expenditures and fiscal control, and provide all reports and supporting documents which the state library or the state or federal auditors might require in such form as they may require.

Last updated October 7, 2024 at 11:59 AM

History

• Effective: August 18, 2000
• Promulgated Under: Ch 119.

Ohio Adm.Code 3375-2-07 Regional library system.

(A) In carrying out its responsibilities under Chapter 3375. of the Revised Code and in approving regional library system (RLS) plans, the state library board shall keep in mind the overall and long-range needs for assuring library services to the residents of Ohio and will base its decisions and actions upon these needs.

(B) Planning for the regional library system.

The state library board will grant a charter to a RLS and declare its eligibility for subsidy only after the approval of the submitted plan and demonstration that the RLS board has been organized in accordance with the statutes and this rule.

(1) Four or more libraries, representing two or more types of libraries, in a single metropolitan area, or public libraries in two or more counties, may submit a plan for the formation of a regional library system.

(2) The plan shall demonstrate that the proposed boundaries do not overlap the boundaries of an existing state library chartered library system.

(3) The plan shall be prepared and submitted in a form determined by the state librarian.

(4) The plan shall contain a draft set of bylaws covering the organization, administration, and operation of the RLS which will be approved by the membership after charter is granted.

(5) The regional library system shall be governed by a board of trustees consisting of at least seven and not more than fifteen persons to be selected from among the duly appointed representatives of the member institutions. The number of trustees, the manner of selection, the term of office and the provision for filling vacancies shall be determined and set forth in the bylaws.

(6) The RLS plan shall show how the proposed RLS will promote access to library materials and services required by area residents; provide the staff resources necessary to bring about the effective use of library materials and provision of services required by area residents; and promote the library network connections required so that Ohio's library and information resources are available to all area residents.

(7) The plan shall identify the regional library system needs, methods by which goals and objectives are carried out, and a planned evaluation process addressing the total plan.

(8) Membership: Participating libraries may be full voting members of only one existing state library chartered regional library system. The plan may include a separate category of membership for associate members.

(9) The RLS plan shall be based upon the following principles and shall clearly state the application of each principle proposed:

(a) The plan is suitable for the geographic, demographic, educational and economic features of the area.

(b) The plan shows the organization to be built on existing strengths of the current resources, services, and facilities of member libraries.

(c) The plan provides for the addition and withdrawal of member libraries, and definition and change of boundaries.

(d) The plan provides for coordination of library resources and services, cooperation with other libraries, library organizations, and other regional library systems; and for contracting with other libraries, other state library chartered regional library systems, and/or other legal entities to provide and/or receive services.

(e) The plan provides that the board of trustees, elected from the member institutions, establishes adequate criteria for the selection and evaluation of its RLS director who will have authority to appoint staff, prepare budgets, and administer programs for the RLS. Qualifications for the RLS director shall include, as a minimum, a masters in library and information science (MLS) degree from a library school accredited by the "American Library Association." The plan provides for the board of trustees to hire a clerk as a treasurer of the organization's funds. The clerk shall carry out the duties as defined in section 3375.92 of the Revised Code. The RLS director and staff shall have the same employment status as employees of public libraries.

(f) The plan assures that each member library has a method for providing input to and evaluation of the plan.

(g) The plan is designed to meet the library service needs within the region.

(i) Resources. The plan shall show how the system will provide for an effective utilization of library resources and a plan to provide access to those resources.

(ii) Services. The plan shall show how the system will provide for identification and coordination of services for the area.

(iii) Special staff. The plan shall demonstrate provision of services, on a systemwide basis, by professional specialists to address the identified area needs. These specialists may be staff members of participating libraries.

(h) Administration: The plan shall assure adherence to applicable Ohio law and state library regulations in the operation of the regional library system. The administrative element of the plan will be sufficiently detailed to demonstrate how the program objectives will be accomplished.

(i) The plan shall include provision for identifying and providing access to materials not available within the RLS.

(j) The plan shall make specific provision for staff development to raise the level of library services.

(k) The plan shall encourage a coordinated and ongoing public information program to make people aware of the services provided by the member libraries and encourage the use of these services.

(l) The plan shall include a timetable for reaching specific levels of service throughout the area as related to paragraph (B)(7) of this rule.

(m) The plan shall outline the methods for continual evaluation. Evaluation shall be related to the stated objectives of the RLS; scope and extent of services, and progress in adopting new developments and techniques to improve direct service as related to paragraphs (B)(7) and (B)(9)(1) of this rule. A report of such evaluation shall be submitted annually to the state library board.

(n) The plan shall include provision for regular reporting to the RLS membership and submission to the state library of an annual fiscal and narrative report and other reports as required.

(10) The RLS plan shall include a detailed biennial program budget and a four-year budget projection.

(11) The fiscal year of the RLS shall be defined by the state fiscal year (July first through June thirtieth).

(C) Chartering the regional library system.

The state library board will charter a regional library system upon approval of the library system's plan. The state library staff will evaluate the RLS plan and submit its recommendations and comments for consideration by the state library board.

(1) The comments and recommendations of the state library staff shall be submitted to the state library board which will approve or disapprove the RLS plan. If approval is granted, the state library board will grant charter to the, RLS and declare the RLS eligible to receive subsidy funds and apply for grants from the state library board.

(2) In order to provide an appeal channel in the event a plan is disapproved and chartering denied, applicants may request a hearing before the state library board for review of the plan. Such a request must be filed with the state librarian within thirty days of state library board action.

(D) State funding.

(1) State aid subsidy fund grants will be made for the support of the administrative and operational needs of the regional library system upon the chartering of the regional library system and the appropriation of funds by the general assembly.

(2) The state library will evaluate the biennial programs and budgets and shall submit comments and recommendations to the state library board. The state library board will set the level of the subsidy request.

(3) If insufficient subsidy funds are appropriated to finance all requests of the chartered systems, the state library board shall give priority funding to those systems successfully carrying out a state library approved plan of service as evaluated by the state library staff, and may reduce the grants proportionately.

(4) Subsidy fund payments shall be made according to the statutes and this rule, and the terms of written agreements between the RLS board and the state library board. These agreements shall, among other things, specify the RLS board to which payment is to be made; the purposes for which the funds are to be expended; specify the amount, time and manner of payment; specify that payment is to be conditioned upon receipt by the state library board of progress reports from the RLS as related to paragraphs (B)(9)(m) and (B)(9)(n) of this rule; specify that the subsidy grant can be expended only in augmentation, and not in lieu of, local appropriations.

(a) Payments in subsequent years shall be contingent upon the state librarian's confirmation to the state library board that the RLS board has submitted all reports as required, has submitted its biennial program and annual program statement updates, and is functioning in accordance with the RLS plan.

(b) The state library board may require the RLS as a condition to receiving any future payments, to supply additional information as it shall deem necessary.

Last updated October 7, 2024 at 11:59 AM

History

• Effective: August 21, 2000
• Promulgated Under: Ch 119.

Ohio Adm.Code 3375-2-08 Ohio public library information network (OPLIN).

(A) Purpose

In carrying out its responsibilities under Chapter 3375. of the Revised Code the state library board will approve the Ohio public library information network (OPLIN) biennial budget with the biennial budget request of the state library. OPLIN shall electronically link public libraries so that equity of access to information is assured for all Ohio citizens.

(B) Planning for the Ohio public library information network

(1) The Ohio public library information network shall be governed by a board of eleven trustees appointed by the state library board.

(a) Trustees shall be appointed from among:

(i) Past and present members of boards of trustees of Ohio public libraries and

(ii) Staff from Ohio public libraries participating in OPLIN.

(b) The state librarian or his designee will serve ex-officio on the OPLIN board.

(c) Appointments to the OPLIN board will be made based on recommendations solicited from the Ohio library community.

(2) The OPLIN board shall submit a strategic plan to be included in the state library's long range information systems plan. The strategic plan shall follow the guidelines and directives of the department of administrative services and the office of budget and management.

(C) State funding

(1) The state library will act as the fiscal agent for the OPLIN board. The fiscal year of the OPLIN shall be defined by the state fiscal year (July First through-June Thirtieth). The fiscal agent will insure that OPLIN expenditures comply with state regulations and procedures. The fiscal agent will submit monthly financial reports to the OPLIN board and the state library board.

(2) OPLIN budget requests will be maintained as a separate line item in the state library budget.

Last updated October 7, 2024 at 11:59 AM

History

• Effective: September 22, 1995
• Promulgated Under: Ch 119.

Chapter 3375-4 County District Library Boundaries

Ohio Adm.Code 3375-4-01 Procedure for accepting and acting upon resolutions for establishment of county district libraries pursuant to division (E) of section 3375.01 of the Revised Code.

(A) The board of library trustees of a library desiring and eligible to form a county library district under sections 3375.20 to 3375.212 of the Revised Code shall transmit in writing to the state librarian as secretary of the state library board, a resolution requesting the formation of a county district library. Such resolution should include the names of the school districts to be included in the proposed county library district and the reasons for the proposed action. The requesting board shall furnish, on a form determined by the state librarian, the following information and documentation:

(1) Information as to the current boundaries of the library district requesting formation of a county district library;

(2) The reasons why a change is desirable including evidence that the change will ensure equitable access to library services for all residents of the area;

(3) The proposed new library boundaries;

(4) Resolutions from affected boards of library trustees expressing their agreement or disagreement with the change; and

(5) Any other pertinent information relating to circumstances and other parties that might be affected by a boundary change.

(B) Upon receipt of this resolution the state librarian shall review and study the proposal. The state librarian may request further information and may conduct whatever investigation of the facts deemed necessary to procure a full explanation of the proposed action, the boundaries of the proposed library district, and in the case of action proposed to be taken under section 3375.20 of the Revised Code, facts on the nature of approved service. The state librarian, upon completion of the study, shall transmit to the state library board a recommendation for approval, disapproval, or modification of the resolution. Upon action by the board, the state librarian shall notify the affected boards of library trustees of their right to a hearing on the matter by the manner outlined in Chapter 119. of the Revised Code.

(C) If the state library board issues an order approving the resolution, the state librarian shall certify such action to the board(s) of library trustees which initiated the resolution and the boards of library trustees of libraries adjacent to the proposed district, and in the case of action proposed to be taken under section 3375.20 of the Revised Code, this certificate shall confirm that the library has been giving approved library service and therefore is eligible under said section to become a county district library.

(D) Any board of library trustees which initiates a request for a county library district or any adjacent board of library trustees which is adversely affected by the order of the board issued pursuant to an adjudication hearing may appeal to the court of common pleas of Franklin county.

(E) Within thirty days after the state library board's determination, the state librarian shall certify such action to the boards of election, taxing authorities, the boards of trustees of libraries affected and other appropriate bodies set forth in division (J) of section 3375.01 of the Revised Code.

Last updated October 7, 2024 at 12:00 PM

History

• Effective: April 12, 2013
• Promulgated Under: 119.03

Ohio Adm.Code 3375-4-05 Procedure for amending, defining and adjusting library boundaries upon application of the library districts, pursuant to division (F through I) of section 3375.01 of the Revised Code.

(A) One or more boards of library trustees may apply to amend, define, and adjust their boundaries by communicating in writing to the state librarian their desire that such action be taken. Upon consolidation of two or more school districts or upon the state library board's own initiative to eliminate areas of overlap the board may define, amend, and adjust the boundaries of overlapping library districts. The affected library boards shall furnish, on a form determined by the state librarian, the following information and documentation:

(1) Information as to the current boundaries of the library districts making the application;

(2) The reasons why a change is desirable including evidence that the change will ensure equitable access to library services for all residents of the area;

(3) The proposed new library boundaries;

(4) Resolutions from the affected boards of library trustees expressing their agreement or disagreement with the change; and

(5) Any other pertinent information relating to circumstances and other parties that might be affected by a boundary change.

(B) The state librarian shall review and study the proposal. The state librarian may request further information and may conduct whatever investigation of the facts deemed necessary to procure a full explanation of the desirability of a boundary change. The state librarian, upon completion of the study, shall transmit to the state library board a recommendation as to whether the application should be approved, disapproved or modified. Upon action by the state library board, the state librarian shall notify the affected boards of library trustees of their right to a hearing on the matter by the manner outlined in Chapter 119. of the Revised Code.

(C) Any board of library trustees for a library district adversely affected by any order of the board issued pursuant to an adjudication hearing may appeal to the court of common pleas of Franklin county.

(D) Within thirty days after the state library board's determination, the state librarian shall certify such action to the boards of election, taxing authorities, the boards of trustees of libraries affected and other appropriate bodies set forth in division (J) of section 3375.01 of the Revised Code.

Last updated October 7, 2024 at 12:00 PM

History

• Effective: April 12, 2013
• Promulgated Under: 119.03

Chapter 3375-5 Accessing Confidential Personal Information

Ohio Adm.Code 3375-5-01 Definitions.

Except where another definition is specified for the purposes of section 1347.15 of the Revised Code and Chapters 3375-5-01 to 3375-5-05 of the Administrative Code:

(A) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving whereas "access" as a verb means to copy, view, or otherwise perceive.

(B) "Acquisition of a new computer system" means the purchase of a "computer system," as defined in this rule, that is not a computer system currently in place nor one for which the acquisition process has been initiated as of the effective date of the agency rule addressing requirements in section 1347.15 of the Revised Code.

(C) "Computer system" means a "system," as defined by section 1347.01 of the Revised Code, that stores, maintains, or retrieves personal information using electronic data processing equipment.

(D) "Confidential personal information" (CPI) has the meaning as defined by division (A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the agency in accordance with division (B)(3) of section 1347.15 of the Revised Code that reference the federal or state statutes or administrative rules that make personal information maintained by the agency confidential.

(E) "Employee of the state agency" means each employee of a state agency regardless of whether he/she holds an elected or appointed office or position within the state agency. "Employee of the state agency" is limited to the specific employing state agency.

(F) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

(G) "Individual" means a natural person or the natural person's authorized representative, legal counsel, legal custodian, or legal guardian.

(H) "Information owner" means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

(I) "Person" means a natural person.

(J) "Personal information" has the same meaning as defined in division (E) of section 1347.01 of the Revised Code.

(K) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes manual and computer systems.

(L) "Research" means a methodical investigation into a subject.

(M) "Routine" means commonplace, regular, habitual, or ordinary.

(N) "Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating to employees and maintained by the agency for internal administrative and human resource purposes.

(O) "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.

(P) "Upgrade" means a substantial redesign of an existing computer system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modifications that entail a limited addition of functionality due to changes in business or legal requirements.

Last updated August 13, 2026 at 9:10 AM

History

• Effective: August 12, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 3375-5-02 Procedures for accessing confidential personal information.

For personal information systems, whether manual or computer systems, that contain confidential personal information, the agency shall do the following:

(A) Criteria for accessing confidential personal information. Personal information systems of the agency are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of the agency to fulfill his/her job duties. The determination of access to confidential personal information shall be approved by the employee's supervisor and the information owner prior to providing the employee with access to confidential personal information within a personal information system. The agency shall establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties including, but not limited to, transfer or termination. Whenever an employee's job duties no longer require access to confidential personal information in a personal information system, the employee's access to confidential personal information shall be removed.

(B) Individual's request for a list of confidential personal information. Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the agency, the agency shall do all of the following:

(1) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information;

(2) Provide to the individual the list of confidential personal information that does not relate to an investigation about the individual or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and

(3) If all information relates to an investigation about that individual, inform the individual that the agency has no confidential personal information about the individual that is responsive to the individual's request.

(C) Notice of invalid access.

(1) Upon discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, the agency shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the agency shall delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the agency may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information invalidly was accessed, and to restore the reasonable integrity of the system.

"Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the agency determines that notification would not delay or impede an investigation, the agency shall disclose the access to confidential personal information made for an invalid reason to the person.

(2) Notification provided by the agency shall inform the person of the type of confidential personal information accessed and the date(s) of the invalid access.

(3) Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

(D) Appointment of a data privacy point of contact. The agency director shall designate an employee of the agency to serve as the data privacy point of contact. The data privacy point of contact shall work with the chief privacy officer within the office of information technology to assist the agency with both the implementation of privacy protections for the confidential personal information that the agency maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter.

(E) Completion of a privacy impact assessment. The agency director shall designate an employee of the agency to serve as the data privacy point of contact who shall timely complete the privacy impact assessment form developed by the office of information technology.

Last updated August 13, 2026 at 9:10 AM

History

• Effective: August 12, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 3375-5-03 Valid reasons for accessing confidential personal information.

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 State Library Board's exercise of its powers or duties, for which only employees of the agency 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 agency 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;

(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 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 state library board, authorized employees would also have valid reasons for accessing CPI in these following circumstances:

(1) Employees of the state library board may review CPI of individuals in the course of performing routine library duties while processing patron requests for materials or content.

(2) Employees of the state library board may review CPI of individuals in the course of performing routine library duties while investigating the location of lost or overdue library materials.

(3) Employees of the state library board may review CPI of individuals in the course of identifying and resolving errors with the electronic systems that support the organization, discovery, acquisition, and tracking of library materials.

(4) Employees of the state library board may review CPI of individuals in the course of reviewing and processing patron requests for a library card.

Last updated August 13, 2026 at 9:10 AM

History

• Effective: August 12, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 3375-5-04 Confidentiality statutes.

The following federal statutes or regulations or state statutes and administrative rules make personal information maintained by the agency confidential and identify the confidential personal information within the scope of rules promulgated by this agency in accordance with section 1347.15 of the Revised Code:

Releasing library record or patron information: section 149.432 of the Revised Code.

Last updated August 14, 2026 at 8:29 AM

History

• Effective: August 12, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 3375-5-05 Restricting and logging access to confidential personal information in computerized personal information systems.

For personal information systems that are computer systems and contain confidential personal information, the agency shall do the following:

(A) Access restrictions. Access to confidential personal information that is kept electronically shall require a password or other authentication measure.

(B) Acquisition of a new computer system. When the agency acquires a new computer system that stores, manages or contains confidential personal information, the agency shall include a mechanism for recording specific access by employees of the agency to confidential personal information in the system.

(C) Upgrading existing computer systems. When the agency modifies an existing computer system that stores, manages or contains confidential personal information, the agency shall make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system shall include a mechanism for recording specific access by employees of the agency to confidential personal information in the system.

(D) Logging requirements regarding confidential personal information in existing computer systems.

(1) The agency shall require employees of the agency who access confidential personal information within computer systems to maintain a log that records that access.

(2) Access to confidential information is not required to be entered into the log under the following circumstances:

(a) The employee of the agency is accessing confidential personal information for official agency purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(b) The employee of the agency is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(c) The employee of the agency comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(d) The employee of the agency accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(i) The individual requests confidential personal information about himself/herself.

(ii) The individual makes a request that the agency takes some action on that individual's behalf and accessing the confidential personal information is required in order to consider or process that request.

(3) For purposes of this paragraph, the agency may choose the form or forms of logging, whether in electronic or paper formats.

(E) Log management. The agency shall issue a policy that specifies the following:

(1) Who shall maintain the log;

(2) What information shall be captured in the log;

(3) How the log is to be stored; and

(4) How long information kept in the log is to be retained.

Nothing in this rule limits the agency from requiring logging in any circumstance that it deems necessary.

Last updated August 13, 2026 at 9:10 AM

History

• Effective: August 12, 2011
• Promulgated Under: 119.03