Ohio Administrative Code 5902 — Department of Veterans Services

Chapter 5902-1 Requirements for Service Commissioners and Officers

Ohio Adm.Code 5902-1-01 Training and education.

For purposes of Chapter 5902-1 of the Administrative Code:

(A) Training and education curricula for the accreditation of county veterans service officers shall be determined by the director of the Ohio department of veterans services or the director's designee, in consultation with the Ohio state association of county veterans service officers;

(B) Training and education curricula for the training of county veterans service commissioners shall be determined by the director of the Ohio department of veterans services or the director's designee, in consultation with the Ohio state association of county veterans service commissioners;

(C) In each case, training will be selected from the following list of topics:

(1) Veterans' benefits, including but not limited to

(a) Claims, appeals, survivor benefits, death benefits, national and state cemeteries;

(b) Financial assistance; housing and small business loan programs; social security administration;

(c) Individual unemployability compensation, presumptive disabilities, ratings;

(d) Women veteran programs;

(e) Issues related or specific to service in the reserves or national guard;

(f) Programs intended for disabled veterans;

(2) Education programs for veterans;

(3) Employment resources, including but not limited to

(a) Vocational rehabilitation;

(b) Resources for post-9/11 veterans;

(c) Survivors' and dependents' educational assistance;

(4) Financial counseling, including but not limited to

(a) Debt management;

(b) Insurance programs;

(c) Retiree issues;

(5) Veteran healthcare, including but not limited to

(a) Employee health;

(b) Environmental exposures;

(c) Mental health issues and resources;

(d) Traumatic brain injury;

(e) Suicide prevention;

(f) Nursing home, domiciliary, and other medical care;

(6) Operations of county veterans service commissions and other veterans' resources and programs, including but not limited to

(a) Accreditation by the United States department of veterans affairs or by veterans service organizations;

(b) Consumer protection;

(c) Customer awareness;

(d) Federal veterans' affairs;

(e) State veterans' affairs;

(f) Equal opportunity and sexual harassment provisions;

(g) Workplace violence provisions;

(h) Ethics law;

(i) Veteran homelessness programs;

(j) Labor law;

(k) Public records law;

(l) Records (e.g. discharges and upgrades) management;

(m) Board of veterans appeals;

(n) United States veterans affairs regional office updates and trends;

(o) Veterans health administration;

(p) Shared services;

(q) Any federal, state, and local veterans' programs;

(r) Sunshine law;

(7) Additional topics required by the United States department of veterans affairs or otherwise considered beneficial to Ohio's veterans by the director of the Ohio department of veterans services;

(D) Dates, times, and locations of training and education opportunities shall be maintained on the website of the Ohio department of veterans services.

Last updated January 24, 2023 at 3:13 AM

History

• Effective: January 23, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5902-1-02 Education, training, and certification for county veterans service commissioners.

(A) In order to be recertified, county veterans service commissioners shall earn annually no fewer than five credits per calendar year. Additional credits or training may be required at the discretion of the director of the Ohio department of veterans services. The director, or the director's designee, shall determine the curriculum for each training conference, school, or other event provided by the Ohio state association of county veterans service commissioners, in consultation with that association. Newly-appointed commissioners shall attend a special course of instruction conducted by the department of veterans services and earn credit at the discretion of the director of the department of veterans services. Each commissioner shall sign a standards of conduct form.

(B) County veterans service commissioners shall attend or take:

(1) All training or education required by the director of the department of veterans services; and

(2) At least one of the following:

(a) The Ohio state association of county veterans service commissioners' spring conference; or

(b) The Ohio state association of county veterans service commissioners' fall conference; and

(3) Any other education or training approved by the director of the department of veterans services and needed for service commissioners to earn the required number of credits annually.

Last updated January 7, 2025 at 11:26 AM

History

• Effective: January 1, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 5902-1-03 Criteria for hiring county veterans service officers.

(A) Minimum qualifications for hiring veterans service officers:

(1) Shall be a veteran with an honorable discharge/separation;

(2) Shall be a high school graduate or equivalent;

(3) Shall satisfactorily complete a background investigation by a local law enforcement agency.

(B) Hiring preference shall be given to veterans with a service-connected disability.

Last updated January 7, 2025 at 11:26 AM

History

• Effective: January 1, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 5902-1-05 Accrediting and certifying county veterans service officers.

In order to hold the position of a county veterans service officer, an individual shall be accredited by the Ohio department of veterans services within eighteen months of being hired. The department of veterans services shall certify an individual's accreditation to the United States department of veterans affairs upon completion of each of the following requirements:

(A) Attend state association of county veterans service officers new service officers school;

(B) Achieve a minimum score of at least seventy per cent on the certification test administered by the department of veterans services.

County veterans service officers not yet accredited and within the initial eighteen months of employment shall have all benefit applications reviewed by an accredited service officer prior to submission to the veterans benefits administration.

Last updated January 7, 2025 at 11:27 AM

History

• Effective: January 1, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 5902-1-06 Education of county veterans service officers.

(A) County veterans service officers shall earn no fewer than five credits per calendar year beginning in the first full calendar year of employment following their accreditation by the Ohio department of veterans services. Additional credits or training may be required at the discretion of the director of the Ohio department of veterans services. At the time the department of veterans services accredits county veterans service officers, the department shall send each service officer notice of accreditation and how many credits the service officer must earn in that calendar year, dependent upon the time of year and training opportunities remaining.

(B) The director, or the director's designee, shall determine the curriculum for each training conference, school, or other event provided by the Ohio state association of county veterans service officers, in consultation with that association.

(C) County veterans service officers shall attend or take:

(1) All training or education required by the director of the department of veterans services; and

(2) At least one of the following:

(a) The Ohio state association of county veterans service officers' spring school; or

(b) The Ohio state association of county veterans service officers' fall school; and

(3) Any other education or training approved by the director of the department of veterans services and needed for service officers to earn the required number of credits annually.

Last updated January 7, 2025 at 11:27 AM

History

• Effective: January 1, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 5902-1-08 Revocation of certification of county veterans service commissioners.

(A) The director of the department of veterans services, at their discretion, shall promptly investigate allegations of incompetence, misfeasance, malfeasance, nonfeasance, and unethical behavior on the part of a veterans service commissioner for purposes of determining whether such commissioner's certification shall be revoked.

(B) Such investigation may be performed by the director personally or such other individual as the director may designate.

(C) At the conclusion of the investigation, the director shall make a determination as to whether the certification of the commissioner should be revoked and shall issue a report of that determination. Copies of the report shall be sent to the commissioner who was the subject of the investigation and to the administrative judge of the common pleas court of the county where the commissioner serves.

(D) If the director's report indicates that the grounds are insufficient to warrant the revocation of the commissioner's certification, the report may also include other findings and recommendations the director may deem appropriate.

(E) If the director's report indicates that the grounds are sufficient to warrant the revocation of the commissioner's certification, the report shall notify the commissioner who was the subject of the investigation that they may appeal such determination to the veterans advisory committee within thirty days of the issuance of the report.

(F) In the case of a timely appeal to the veterans advisory committee, the committee chairperson shall appoint a subcommittee of three committee members, all of whom shall be representatives of the state association of county veterans services commissioners, to hear the appeal, except that if any of the three representatives are from the same county as the individual filing the appeal, the chairperson shall appoint a substitute advisory committee member to the subcommittee who also serves as a county veterans service commissioner. If the chairperson cannot, for any reason, fill the three positions on the subcommittee with advisory committee members who are also county veteran service commissioners, they shall contact the state association of county veterans service commissioners for the purpose of the temporary appointment of one or more association members to the advisory committee for the limited purpose of serving on the appeal subcommittee. The subcommittee shall conduct a hearing and shall make a report and recommendation to the full committee at the next scheduled meeting. The veterans advisory committee shall then vote, by a simple majority of those in attendance at the meeting, either to affirm the director's decision to revoke the commissioner's certification or to overrule the director's determination. If the advisory committee votes to overrule the director's determination, the certification shall not be revoked.

(G) If the director's determination that a county veterans service commissioner's certification shall be revoked is not appealed to the advisory committee, or if appealed, the director's determination is affirmed by the advisory committee, such determination shall be reported to the administrative judge of the common pleas court of the county where the veterans service commissioner serves and to the United States department of veterans affairs as soon as practical.

Last updated January 24, 2023 at 3:13 AM

History

• Effective: January 23, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5902-1-09 Revocation of certification of county veterans service officers.

(A) The director of the department of veterans services, at their discretion, shall promptly investigate allegations of incompetence, misfeasance, malfeasance, nonfeasance, and unethical behavior on the part of a veterans service officer for purpose of determining whether such officer's certification shall be revoked.

(B) Such investigation may be performed by the director personally or such other individual as the director may designate.

(C) At the conclusion of the investigation, the director shall make a determination as to whether the certification of the service officer should be revoked and shall issue a report of that determination. Copies of the report shall be sent to the service officer who was the subject of the investigation and to the veterans service commission of the county where the service officer serves.

(D) If the director's report indicates that the grounds are insufficient to warrant the revocation of the service officer's certification, the report may also include other findings and recommendations the director may deem appropriate.

(E) If the director's report indicates that the grounds are sufficient to warrant the revocation of the service officer's certification, the report shall notify the service officer who was the subject of the investigation that they may appeal such determination to the veterans advisory committee within thirty days of the issuance of the report.

(F) In the case of a timely appeal to the veterans advisory committee, the committee chairperson shall appoint a subcommittee of three committee members, all of whom shall be representatives of the state association of county veterans service officers, to hear the appeal, except that if any of the three representatives are from the same county as the individual filing the appeal, the chairperson shall appoint a substitute advisory committee member to the subcommittee who also serves as a county veterans service officer. If the chairperson cannot, for any reason, fill the three positions on the subcommittee with advisory committee members who are also county veteran service officers, they shall contact the state association of county veterans service officers for the purpose of the temporary appointment of one or more association members to the advisory committee for the limited purpose of serving on the appeal subcommittee. The subcommittee shall conduct a hearing and shall make a report and recommendation to the full committee at the next scheduled meeting. The veterans advisory committee shall then vote, by a simple majority of those in attendance at the meeting, either to affirm the director's decision to revoke the service officer's certification or to overrule the director's determination. If the advisory committee votes to overrule the director's determination, the certification shall not be revoked.

(G) If the director's determination that a county veterans service officer's certification shall be revoked is not appealed to the advisory committee, or if appealed, the director's determination is affirmed by the advisory committee, such determination shall be reported to the veterans service commission of the county where the veterans service officer serves and to the United States department of veterans affairs as soon as practical.

Last updated January 24, 2023 at 3:13 AM

History

• Effective: January 23, 2023
• Promulgated Under: 119.03

Chapter 5902-2 Meetings

Ohio Adm.Code 5902-2-01 Veterans advisory committee.

(A) The veterans advisory committee, established by the director of the department of veterans services in accordance with section 5902.02 of the Revised Code, will follow the Ohio open meeting laws as codified in section 121.22 of the Revised Code.

(B) Each organization as specified in division (J) of section 5902.02 of the Revised Code will name a representative(s) to the committee to represent the organization by November first of each year and will forward the name(s) of the representative(s) to the director of the department of veterans services.

(C) The quorum requirements of the committee is established at fifty per cent of those representatives currently appointed to the committee.

(D) A simple majority of the representatives present are required to vote on any issue before the committee.

(E) Meetings will be conducted in accordance with Robert's Rules of Order.

(F) The committee will elect a chairperson and a vice chairperson at the annual meeting which will be conducted by December thirty-first of each year. The department will perform the duties of secretary.

(G) In addition to the annual meeting , the committee will conduct other regular meetings as the chairperson or the director deem necessary, but no less often than once per quarter at times and places determined by the chairperson or the director. The committee secretary will deliver notice of each meeting to each representative at least seven calendar days prior to the scheduled date of the meeting, except in the case of a special emergency meeting, for which the notice requirement is shortened to forty-eight hours. Such notice may be delivered by e-mail . Meeting notices will contain the date, time, and place of the meeting, and in the case of special emergency meetings, include the purpose of the meeting.

(H) Changes in the rules for the operation of the committee requires a majority vote of those representatives currently appointed to the committee.

(I) Voting by the committee shall be conducted as follows:

(1) For voting to endorse, oppose, or take any other official action or stance regarding legislation presented to the committee, all votes will be by roll call and in rotating order.

(2) For voting to hold an executive session for the reasons outlined in division (G) of section 121.22 of the Revised Code, all votes will be by roll call and in rotating order.

(3) For all other business, the committee may vote by show of hands, voice vote, or other methods prescribed in Robert's Rules of Order unless a representative moves to vote by roll call and is seconded by another representative.

(J) Minutes of the veterans advisory committee will be sent to representatives at least seven calendar days prior to the next regularly scheduled meeting.

(K) When a member of the committee fails to attend three meetings within a one year period, the department , will send a notice to that member and the organization represented by that member. This notice will state that pursuant to section 3.17 of the Revised Code the failure of a committee member to attend three-fifths of all committee meetings within a two year period will result in the forfeiture of that member's position on the committee.

(L) Notices of all regular and special meetings of the committee will be posted and/or disseminated by the department as follows:

(1) The department will post notice of the dates, times, and locations of each regular meeting on the department's website at least seven calendar days in advance.

(2) The department will post a notice of the dates, times, and locations of each special meeting on the department's website as far in advance of the meeting as is practical, except that the committee will not schedule a special meeting, except in cases of an emergency, without giving news media who have requested notification at least twenty-four hours' advance notice. In the event the need for a special meeting is deemed an emergency by the director or chairman of the committee, the department will immediately notify news media who have requested advance notification of the date, time, and location of the emergency special meeting.

(3) Any person, upon request to the committee and payment of a reasonable fee, may obtain reasonable advance notice of all meetings at which any specific type of public business is to be discussed. The requesting person may request the notification by email or such other method(s) pursuant to division (F) of section 121.22 of the Revised Code.

Last updated June 25, 2026 at 10:51 AM

History

• Effective: June 25, 2026
• Promulgated Under: 119.03

Chapter 5902-3 Education, Diplomas, Degrees

Ohio Adm.Code 5902-3-01 Education, diplomas and degrees high school diplomas to world war II, Korean conflict, or Vietnam conflict veterans.

(A) A high school diploma may be awarded to any living World War II, Korean conflict, or Vietnam conflict veteran, or posthumously to a living relative, who left a public or non-public school located in any state prior to graduation in order to serve in the armed forces of the United States, or who left a public or nonpublic school located in any state prior to graduation due to family circumstances and subsequently entered the armed forces of the United States, and meets all of the following criteria:

(1) The veteran is a current resident of the state of Ohio, or was previously enrolled in any high school in this state, or was a resident of the state of Ohio at the time of death.

(2) The veteran served at any time during the period of September 16, 1940 to December 31, 1946 or June 27, 1950 to January 31, 1955, or August 5, 1964 (February 28, 1961, for veterans who served "in country" before August 5, 1964) to May 7, 1975 in any branch of the armed forces of the United States, which includes:

(a) United States army air corps.

(b) United States air force.

(c) United States army.

(d) United States coast guard.

(e) United States marine corps.

(f) United States navy.

(3) The veteran received an honorable discharge from the armed forces of the United States as verified by a certified copy of their discharge or of other proof of service.

(B) An application verifying all the requirements set forth in paragraph (A) of this rule shall be forwarded, upon completion, to the board of education of any city, exempted village, or local school district or governing authority of any chartered nonpublic school or county education service center in Ohio.

(1) The person is a current resident of the state of Ohio, or was previously enrolled in any high school in this state, or was a resident of the state of Ohio at the time of death.

(2) The person left a public or nonpublic school located in any state prior to graduation in order to join the workforce to support their family or to join the war effort; or,

(3) The person left a public or nonpublic school located in any state prior to graduation due to family circumstances and subsequently joined the workforce or war effort; and,

(4) The person has not been granted a diploma as provided in section 3313.61 or 3313.612 of the Revised Code, a diploma of adult education as provided in section 3313.611 of the Revised Code or a diploma under this rule.

(C) An application verifying all the requirements set forth in paragraph (A) or (B) of this rule shall be forwarded, upon completion, to the board of education of any city, exempted village, or local school district or governing authority of any chartered nonpublic school or county education service center in Ohio.

Last updated January 24, 2023 at 3:13 AM

History

• Effective: January 23, 2023
• Promulgated Under: 119.03

Chapter 5902-5 Accessing Confidential Personal Information

Ohio Adm.Code 5902-5-01 Definitions.

For the purposes of administrative rules promulgated in accordance with section 1347.15 of the Revised Code to regulate employee access to confidential personal information within the department of veterans services, hereafter referred to as "the agency," the following definitions apply:

(A) "Access" as a noun means an opportunity to copy, view, or othersie perceive 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 they 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 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 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 common place, 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 the agency's employees that is maintained by the agency for 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 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 January 23, 2023 at 10:54 AM

History

• Effective: January 23, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5902-5-02 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) 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 their 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) 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) 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) 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 January 23, 2023 at 10:54 AM

History

• Effective: January 23, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5902-5-03 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 department of veterans services' 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 Ohio department of veterans services, authorized employees would also have valid reasons for accessing CPI in these following circumstances:

(1) Employees of the Ohio department of veterans services may access the CPI of residents of the Ohio veterans' homes for purposes of diagnosis and treatment related to residents' physical, mental, and/or psycho-social well-being and for purposes of carrying out the agency's duties related to resident assessments and resident billing for services provided.

(2) Employees of the Ohio department of veterans services may access the CPI of individuals seeking admission to the Ohio veterans' homes for purposes of determining eligibility for admissions.

(3) Employees of the Ohio department of veterans services may access the CPI of applicants for compensation under the veterans bonus program for purposes of carrying out the duties found in Section 2r of Article VIII of the Constitution of the state of Ohio.

(4) Employees of the Ohio department of veterans services may access the CPI of former members of the U.S. armed forces, members of the national guard, reservists and their dependents applying for assistance from the agency related to eligibility for benefits or availability of programs for which they may qualify under state and/or federal law. Such access is permissible whether the application for assistance was made by the veteran on his or her own behalf; or through county veterans service officers, state or federal legislators, the U.S. department of veterans affairs, veterans' service organizations, legal guardians, or other individuals or organizations making applications for assistance on the individual's behalf.

(5) Employees of the Ohio department of veterans services may access the CPI of former members of the U.S. armed forces, members of the national guard, reservists and their dependents, applying for education and employment training services under the G.I. bill for purposes of carrying out its duties as the administering body for the state approving authority (SAA) for veterans training in Ohio.

Last updated January 7, 2025 at 1:05 PM

History

• Effective: September 17, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 5902-5-04 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:

(A) Social security numbers: 5 U.S.C. 552a.

(B) "Bureau of Criminal Investigation and Information" criminal records check results: section 4776.04 of the Revised Code.

(C) Medical records: 42 U.S.C. section 201 et seq, and division (A)(1)(a) of section 149.43 of the Revised Code.

(D) Federal tax returns and return information: 26 USCS section 6103(a).

(E) Confidential law enforcement investigatory records: division (A)(1)(h) of section 149.43 of the Revised Code.

(F) Medical records pertaining to the Americans with Disabilities Act: 42 USCS section 12112(d)(3)(B).

(G) Peace officer residential and familial information: division (A)(1)(p) of section 149.43 of the Revised Code.

(H) Law enforcement automated data system ("LEADS") information: section 5503.10 of the Revised Code.

(I) Driver's license numbers or state identification numbers: sections 4501.34 and 4501.27 of the Revised Code.

(J) Personal information required by the bureau of motor vehicles for driver's license purposes: Drivers Privacy Protection Act (18 U.S.C. 2721-2725).

(K) U.S. military records of discharge: sections 317.24 and division (A)(1)(z) of section 149.43 of the Revised Code, and 5 U.S.C. 552a.

Last updated January 7, 2025 at 1:05 PM

History

• Effective: August 1, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 5902-5-05 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 to confidential personal information that is kept electronically shall require a password or other authentication measure.

(B) 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) 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 themselves.

(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 January 23, 2023 at 10:54 AM

History

• Effective: January 23, 2023
• Promulgated Under: 119.03

Chapter 5902-6 Military Nonstandard License Plate Application and Guidelines

Ohio Adm.Code 5902-6-01 Agency responsibilities.

(A) The director of the Ohio department of veterans services shall adopt rules specifying guidelines for establishment of the military nonstandard license plate program pursuant to division (B) of section 4503.29 of the revised code.

(B) The registrar of motor vehicles shall adopt rules for the implementation and issuance of military nonstandard license plates pursuant to division (B) of Section 4503.29 of the Revised Code.

Last updated October 12, 2021 at 12:24 PM

History

• Effective: October 9, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 5902-6-02 Authorized military nonstandard license plates.

(A) A formal recommendation, by the director of veteran services to the registrar of motor vehicles, shall be made for the establishment of military related license plates. All recommendations shall include eligibility and documentation requirements necessary for issuance.

(B) Pursuant to section 4503.29 of the Revised Code, license plates established under this program shall adhere to the following parameters:

(1) Any military nonstandard license plate issued by the registrar as of June 29, 2018 shall continue to be available for issue in accordance with division (C) of section 4503.29 of the Revised Code.

(2) Military nonstandard license plates that reflect service in the armed forces as defined in section 5903.01 of the Revised Code. Such plates may be issued to any eligible person currently serving, retired from, or veteran of the applicable branch of service. License plates created under this division shall be manufactured in accordance with rule 4501-27-01 of the Administrative Code. The registrar shall, with the assistance of the Ohio department of veterans services and the institute of heraldry, design the license plates.

(3) Military nonstandard license plates that reflect service participation in any named military campaign, expeditionary operation, or overseas defensive mission.

(4) Military nonstandard license plates that reflect military honors earned for valor or are only awarded for participation in combat operations.

(5) Except as provided in division (B)(1) of this rule, military nonstandard license plates that reflect unit awards, non-combat achievements, or individual qualifications are prohibited pursuant to division (B)(7) of section 4503.29 of the Revised Code.

(6) Military non-standard license plates shall only display one military designation.

Last updated October 12, 2021 at 12:25 PM

History

• Effective: October 9, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 4501-27-01

(A) This rule contains the specifications for the manufacture of license plates for the state of Ohio.

(B) In accordance with section 4503.22 of the Revised Code, the director of public safety shall designate all of the following:

(1) The substrate material for the license plate which shall be galvanized steel as specified in paragraph (D) of this rule or aluminum as specified in paragraph (E) of this rule;

(2) The colors and design of the retroreflective multi-year sheeting which shall constitute the background colors and design of the license plate; and,

(3) The colors and design of the characters that form the distinctive numbers and letters for the license plate.

(C) The finished license plate shall contain any logo, inscription, or design feature prescribed by law and may contain any logo, inscription, or other design feature as designated by the director.

(D) If the director designates galvanized steel as the substrate, it shall have satisfactory strength while retaining flatness after embossing. It shall not crack or break when embossed with standard embossing dies used to manufacture license plates. The galvanized steel shall conform to ASTM A653, "Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process," approved December 1, 2025 (ASTM A653/A653M-25a), and shall have a G-90 coating designation to retard corrosion and requiring no phosphate coating. The thickness of the galvanized steel shall be nineteen one-thousandths inch plus or minus three one-thousandths inch continuous galvanized, zinc chromated. The supplier of the steel shall warrant the substrate of the license plate for a minimum of four years. At the director's discretion, the director may obtain a certification from an independent testing facility stating whether or not the galvanized steel supplied by the manufacturer meets the standards as specified in this rule. ASTM standards are available directly from ASTM international (formerly the "American Society for Testing and Materials"), 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428, (610) 832-9500, web site: http://www.astm.org. ASTM standards incorporated by reference in this rule may be viewed at the "Ohio Department of Public Safety, Office of Legal Services, 1970 West Broad Street, Columbus, Ohio 43223."

(E) If the director designates aluminum as the substrate, it shall have satisfactory strength while retaining flatness after embossing. It shall not crack or break when embossed with standard embossing dies used to manufacture license plates. The aluminum shall conform to ASTM B209/B209-21a, "Standard Specification for Aluminum and Aluminum Alloy Sheet Plate," approved December 1, 2021 and ASTM B449, "Standard Specification for Chromates on Aluminum," approved October 1, 2022, and free of any powdery residue, oil, or other foreign material which may affect adhesion of reflective sheeting. The substrate aluminum shall have a chrome-free, environmentally friendly conversion coating. The thickness of the aluminum shall be between twenty-two one-thousandths inch and thirty-two one-thousandths inch plus or minus one one-thousandths. The supplier of the aluminum shall warrant the substrate of the license plate for a minimum of four years. At the director's discretion, the director may obtain a certification from an independent testing facility stating whether or not the aluminum supplied by the manufacturer meets the standards as specified in this rule. ASTM standards are available directly from ASTM international (formerly the "American Society for Testing and Materials"), 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428, (610) 832-9500, web site: http://www.astm.org. ASTM standards incorporated by reference in this rule may be viewed at the "Ohio Department of Public Safety, Office of Legal Services, 1970 West Broad Street, Columbus, Ohio 43223."

(F) The retroreflective sheeting shall have sufficient adherence to the substrate to remain firmly attached during the license plate manufacturing process and for a minimum service life of four years. The supplier of the sheeting shall warrant the sheeting for a minimum of four years. At the director's discretion, the director may require the manufacturer to provide a certification from an independent testing facility stating that the sheeting meets the standards as specified in this rule.

(G) The photometric retroreflective performance values of the white sheeting, when new, shall be no less than fifty as described below:

(Photometric retroreflective performance values are expressed as minimum candlepower/foot-candle/square foot of retroreflective license plate sheeting.)

Measurements shall be computed in accordance with standard photometric procedure as set forth in federal specification LS 300 C, "Sheeting and Tape, Reflective: Non-Exposed Lens," dated July 12, 1974, and as incorporated in ASTM D4956, "Standard Specification for Retroreflective sheeting for Traffic Control," approved September 1, 2004, and shall be expressed as candlepower/foot-candle/square foot. ASTM standards are available directly from ATSM international (formerly the "American Society for Testing and Materials"), 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428, (610) 832-9500, web site: http://www.astm.org. ASTM standards incorporated by reference in this rule may be viewed at the "Ohio Department of Public Safety, Office of Legal Services, 1970 West Broad Street, Columbus, Ohio 43223."The retroreflective sheeting shall retain a minimum photometric retroreflective performance value of at least twenty-five candlepower/foot-candle/square foot rating at the end of four years under normal use and conditions on a passenger vehicle. In no case shall the minimum test using clean rear license plates be less than twenty-five candlepower/foot-candle/square foot.

(H) Except as otherwise provided in this rule, the dimensions of the license plate shall be twelve inches in width and six inches in height. The plate shall have bolt holes blanked with center-to-center spacing of seven inches, centered horizontally, and four and three-quarters inches, centered vertically.

(I) The dimensions of license plates for motorcycles, motorized bicycles, and any all-purpose vehicles required by statute to display a license plate shall be seven inches in width and four inches in height. The plate shall have bolt holes blanked with center-to-center spacing of five and three-fourths inches, centered horizontally, and two and three-fourths inches, centered vertically.

(J) If it is technologically practical to do so, the license plate may contain graphic symbols showing the date of expiration and the county of registration name or number in lieu of a validation sticker or county identification sticker.

Last updated August 3, 2026 at 8:19 AM

History

• Effective: August 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 5902-6-03 Application and documentation.

(A) Any application for a military nonstandard license plate shall be completed in accordance with rule 4501:1-7-13 of the Administrative Code. Documents or subsequent verification shall be submitted as directed by the registrar.

(B) Former members of the Armed Forces, as defined by section 5903.01 of the revised code, shall submit a DD-214, NGB-22, current federal retiree identification, or other equivalent service documentation demonstrating separation under honorable conditions and military awards or service relevant to the requested license plate.

(C) Currently serving members of the Armed Forces, as defined by section 5903.01 of the revised code, shall provide current federal identification indicating their service and military personnel record documentation, orders, or equivalent service documentation demonstrating military awards relevant to the requested license plate. Currently serving members of the Armed Forces shall also provide a letter from their commanding officer when applying for military nonstandard license plates issued under division (B)(2) of rule 5902-6-2 of the Administrative Code.

(D) In circumstances where a DD-214, NGB-22, military personnel record, or other equivalent service documentation does not specify the appropriate military award, the applicant may submit official Department of Defense or other federal agency certificates or orders demonstrating military awards relevant to the requested license plate.

Last updated October 12, 2021 at 12:25 PM

History

• Effective: October 9, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 4501:1-7-13

[Comment: For dates and availability of material incorporated by reference in this rule, see paragraph (A) in rule 4501:1-7-15 of the Administrative Code.]

(A) Definitions.

(1) "Applicant" means any veteran, service member or reservist, as defined in section 5903.01 of the Revised Code, who applies to the registrar of motor vehicles for the registration of any passenger car, noncommercial motor vehicle, or recreational vehicle, or other motor vehicle eligible under the Revised Code that the person owns or leases, either singly or jointly, for the purpose of obtaining specialty license plates for a service member, reservist or a veteran renewal thereof.

(2) "Reservist" means any person who at the time of verification is a member of the reserves of the armed forces of the United States or the national guard of any state.

(3) "Service Star" means a military award approved by the chairman of the joint chiefs of staff for service members who were engaged in actual combat against the enemy under certain circumstances.

(4) "Veteran" has the same meaning as in section 5903.01 of the Revised Code.

(5) "Wartime military service" means military service in the armed forces of the United States during the following:

(a) World War I includes only the following periods: April 6, 1917, through November 11, 1918; for veterans who served in Russia, April 6, 1917, through April 1, 1920, extended through July 1, 1921, for veterans who had one day of service between April 7, 1917, and November 11, 1918.

(b) World War II includes only the period December 7, 1941, through December 31, 1946.

(c) The Korean conflict includes only the period June 27, 1950, through January 31, 1955.

(d) The Korean defense service that includes July 28, 1954, through date to be set by law or presidential proclamation.

(e) The Vietnam conflict includes only the period August 5, 1964, through May 7, 1975.

(f) "Mission of 1982" (Lebanon) means the period August 25, 1982, through August 1, 1984.

(g) "Invasion of 1983" (Grenada) means the period October 23, 1983, through November 23, 1983.

(h) "Invasion of 1989" (Panama) means the period December 20, 1989, through January 31, 1990.

(i) The Persian gulf war includes only the period August 2, 1990, through a date to be set by law or presidential proclamation.

(j) The Kosovo campaign means the following periods:

(i) Kosovo air - March 24, 1999 through June 10, 1999.

(ii) Kosovo defense - June 11, 1999 through December 31, 2013.

(k) Inherent resolve campaign means the following periods:

(i) Abeyance - June 15, 2014 through November 24, 2015.

(ii) Intensification - November 25, 2015 to a date to be set by law or presidential proclamation.

(B) "Military Specialty License Plate program" as defined in section 4503.29 of the Revised Code.

(1) The director of the Ohio department of veterans services specifies guidelines for establishment of the military specialty license plate program pursuant to division (B) of section 4503.29 of the Revised Code.

The list of military specialty license plates shall be available electronically on the bureau of motor vehicles public facing website.

(2) The registrar shall establish guidelines for the implementation and issuance of military specialty license plates as recommended in writing by the Ohio department of veterans services pursuant to division (B) of section 4503.29 of the Revised Code.

(3) Any application for a military specialty license plate shall be via BMV form 4507 "Gratis Registration Application for Disabled Veterans, Former Prisoners of War, Spouses of Deceased Prisoners of War & Free Boat Trailer License Plates," BMV form 4705 "Request for Specialty License Plates" or BMV form 4625 "Application for Registration by Mail" and accompanied by appropriate documentation, as annotated in rule 5902-6-03 of the Administrative Code, demonstrating eligibility for the applicable license plate. Documents or subsequent verification shall be submitted as directed by the registrar.

(4) The specialty license plate shall be manufactured in accordance with rule 4501-27-01 of the Administrative Code. The registrar shall, with the assistance of the Ohio department of veteran services and the institute of heraldry, design the license plate.

(5) An applicant shall be entitled to license plates or a validation sticker for any number of vehicles.

(6) A veteran may apply for designation of wartime military service in only one wartime period for each set of license plates.

(7) Only one military designation can be displayed on each set of license plates.

(8) The registrar may cancel the registration and seize the specialty license plates and sticker of any reservist, veteran or person on active duty who is no longer eligible for such plates at the beginning of the next succeeding registration period, or of any reservist, veteran or person on active duty whose driver's license is suspended for violation of any law or rule.

(9) Each service star medal license plate shall be inscribed with identifying words or markings as prescribed by the registrar and approved by institute of heraldry indicating receipt of the award with the corresponding ribbon and number of service stars as evidenced in the applicant's DD-214.

Any application for the display of service star medal license plates shall be made via BMV 4508 "Application for Service Star Medal License Plates" or BMV form 4625 "Application for Registration by Mail" and must be accompanied by appropriate documentation as annotated in rule 5902-6-03 of the Administrative Code, demonstrating eligibility for the service star medal license plate.

(a) The ribbon on the service star license plate for the "Armed Forces Expeditionary Medal and National Defense Service Medal" shall represent the first award. Subsequent awards shall be represented with a bronze service star for a single campaign.

(b) The ribbon on the service star license plate for "Korean Service Medal, Southwest Asian Service Medal," and "Vietnam Service Medal" may be represented by a bronze service star for each campaign the veteran participated in as evidenced in applicant's DD-214.

(c) In lieu of five bronze service stars, one silver service star shall be represented.

Last updated August 1, 2022 at 8:49 AM

History

• Effective: August 1, 2022
• Promulgated Under: 119.03

Chapter 5902-7 DVS Veteran Hiring Preference

Ohio Adm.Code 5902-7-01 Department of veteran services veteran hiring preference.

(A) For purposes of Chapter 5902-7 of the Administrative Code an except as otherwise provided, the following definitions apply:

(1) "Armed forces" has the same meaning as in section 5903.01 of the Revised Code.

(2) "Veteran" has the same meaning as in section 5903.01 of the Revised Code.

(B) Whereas all other qualifications for employment are equal, hiring preference shall be given to an applicant who is a veteran of the armed forces.

Last updated January 23, 2023 at 11:18 PM

History

• Effective: January 23, 2023
• Promulgated Under: 119.03

Chapter 5902-8 Military Injury Relief Fund (MIRF) Grant Program

Ohio Adm.Code 5902-8-01 Military injury relief fund (MIRF) grant program: definitions.

(A) "Military injury relief fund" means a fund created in the state treasury consisting of money contributed to it under section 4503.535 of the Revised Code, section 5747.113 of the Revised Code, and contributions made directly to it by any person.

(B) "Eligible individual" means any individual who, at the time of application:

(1) Is an Ohio resident;

(2) Suffered a combat-related injury, and can show that:

(a) The injury resulted in an award of the "Purple Heart": or

(b) The injury is connected to an incident that resulted in the award of a "Combat Infantryman Badge, " "Combat Action Badge," "Combat Ribbon Badge" or its equivalent; or

(c) Sho through other documentation that the injury was directly related to a combat action.

(3) Can document either that they;

(a) Were injured while on active duty with the armed forces of the United States ("U.S. Military") after October 7, 2001; or

(b) Have a medical diagnosis of post-tramatic stress disorder ("PTSD") as a result of his/her service while on active duty with the U.S. military after October 7, 2001.

(C) Individuals who may apply on behalf of and in lieu of eligible individuals are:

(1) Executors and administrators of the estates of eligible individuals;

(2) Attorneys for and agents of eligible individuals. Such persons include anyone named an agent by a valid and applicable power of attorney;

(3) Spouses or children (if they have reached eighteen years of age) of eligible individuals.

(D) "Acceptable documentation of injury" may include the following:

(1) Proof of a valid "Purple Heart";

(2) U.S. military medical records;

(3) An enlisted or officer record brief, or their equivalent;

(4) Medical discharge paperwork issued by the U.S. military;

(5) Any other authenticated documentation that proves that an individual meets the requirements of paragraph of this rule.

(E) "Director" means director of the department of veterans services.

(F) "State fiscal year" means the period of July first of the current year and ending June thirtieth of the next year.

Last updated February 28, 2023 at 8:54 AM

History

• Effective: February 28, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 5902-8-02 Military injury relief fund grant program: application and appeal process.

(A) The Ohio department of veterans services (DVS) shall issue a military injury relief fund (MIRF) grant to an eligible individual if an applicant submits a complete application and there are sufficient MIRF monies available to issue the grant.

(B) Eligible individuals shall be entitled to one MIRF grant per Ohio fiscal year; for no more than three fiscal years .

(C) An applicant for a MIRF grant must complete the application provided by DVS. The application may be collected from the DVS office in Columbus or from any Ohio veterans home. It may also be downloaded from the department of veteran services website. No partial applications shall be accepted. If a grant is to be awarded, it shall be awarded per the state fiscal year in which it is received. Applications shall contain completion instructions, including how to submit a completed application.

(D) Proof of eligibility rests with an applicant. If DVS determines that an applicant submitted false or misleading information, DVS may deny the application. If a grant was issued based on false or misleading information, DVS may take action to collect the grant funds from the applicant and additional penalties may be imposed.

(E) If DVS denies an applicant, the applicant may appeal to the DVS director or his or her designee in writing, within sixty days. The appear must The appeal must be submitted to DVS at "77 South High Street, 7th Floor, Columbus, Ohio 43215." The appeal must state why the appellant disagrees with DVS's decision and provide any documentation the appellant feels is relevant. The director or designee will timely review the appeal and issue a decision to the appellant in writing.

(F) MIRF grant award amounts will be five hundred dollars and will be awarded on a first-come, first-served basis as funds are available based on the amount of MIRF contributions received.

(G) MIRF applications and supporting documentation containing personally identifiable information are confidential.

Last updated February 28, 2023 at 8:55 AM

History

• Effective: February 28, 2023
• Promulgated Under: 119.03