Ohio Administrative Code 3379 — Ohio Arts Council

Chapter 3379-1 Principal Office

Ohio Adm.Code 3379-1-01 Principal office.

The principal office of the Ohio arts council (hereinafter referred to as the "council") shall be located in Columbus, Ohio.

Last updated December 5, 2023 at 11:45 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Chapter 3379-3 Meetings

Ohio Adm.Code 3379-3-01 Annual meeting.

The annual meeting of the council shall be held each year at such time as the executive committee shall designate.

Last updated December 5, 2023 at 11:45 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-3-02 Special meetings.

Special meetings of the council may be held upon call of the chair or, in the absence of the chair, by the vice chair. However, members of the council may not be reimbursed for expenses in attending more than four meetings per year.

Last updated December 5, 2023 at 11:45 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-3-03 Place of meeting.

The annual meeting of the council shall be held at the principal office of the council or at any other place within the state designated by the executive committee. Special meetings shall be held at the place designated in the notice of such meeting, and all meetings shall be valid wherever held.

Last updated December 5, 2023 at 11:46 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-3-04 Notice.

Notice of each meeting of the council shall be given at least ten days prior to the date thereof, sending by any reasonable method, a copy of the notice to the members. Each notice shall specify the place, the day, the hour of the meeting, and, in the case of a special meeting, the nature of the business to be transacted.

Last updated December 5, 2023 at 11:46 AM

History

• Effective: February 21, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 3379-3-05 Quorum.

A simple majority of the voting members of the council shall constitute a quorum for the transaction of business and when a quorum is present, business may be transacted upon a simple majority vote of the voting members present at such meeting. In the absence of a quorum, any meeting may be adjourned by a vote of the majority of the voting members present thereat, but no other business may be transacted.

Last updated December 5, 2023 at 11:46 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-3-06 Voting rights.

Each voting member of the council shall be entitled to one vote on any matter of business before the council and voting rights may not be exercised by proxy, unless subsequent changes to state law permit the use of proxies.

Last updated December 5, 2023 at 11:46 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-3-07 Organization.

At every meeting, the chair of the council, or in the absence of the chair, the vice chair, or in the absence of both, the secretary may act as chair. The secretary of the council may act as secretary at all meetings. In the absence of the secretary, the director shall perform all duties of the office of secretary as specified in rule 3379-7-05 of the Administrative Code.

Last updated December 5, 2023 at 11:47 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-7-05

The secretary shall:

(A) Certify and keep at the principal office of the council an original and copy of its rules and regulations, as amended.

(B) Keep at the principal office of the council or such other place as the members of the council may direct, a book of the minutes of all the meetings of the council (whether annual or special), their time and place, the notices thereof and the names of those present at the meetings, copies of which minutes shall be sent, by any reasonable method, to each member after the meeting.

(C) See that all notices are duly given in accordance with the provisions of these rules and regulations and as required by law.

(D) Be custodian of the records of the council.

(E) See that the books, reports, statements and all other documents and reports required by law are properly kept and filed.

(F) Exhibit at all reasonable times to any member of the council, upon application, the records of the proceedings of the members.

(G) In general, perform all duties of the office of secretary and such other duties as may from time to time be required of him or her by the council.

Last updated December 5, 2023 at 11:48 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-3-08 Notice to the public.

In accordance with division (F) of section 121.22 of the Revised Code, notification of the time and place of all regularly scheduled meetings of the council shall include, but not be limited to;

(A) Internet. Notice of all regular or special meetings shall be posted on the council's internet site: http://www.oac.ohio.gov, or any successor website.

(B) Statehouse press corps and electronic media. Notice of all regular and special meetings shall be given to the statehouse press corps and electronic media via distribution of press release. Notwithstanding the foregoing, the council shall not hold a special meeting unless it provides twenty-four hours advance notice to the news media that have requested notification, except in the event of an emergency requiring official action. In the event of an emergency, the member or members calling the meeting shall immediately notify the news media that have requested notification of the time, place, and purpose of such meeting, to the best ability of the council.

(C) Request in writing. Anyone wishing to be notified of any regular or special meeting of the council shall request the same in writing submitted to: "Ohio Arts Council, 30 E. Broad St, 33 Floor, Columbus, Ohio 43215-3414." Such submittal shall include the address and phone number where notification can be made. The submittal shall be good for all meetings remaining during the fiscal year such submission is made. The fiscal year shall run from July first of any year to and including June thirtieth of the next year.

(D) Costs. The council may determine the reasonable expenses incurred by notification and may charge a fee to cover such expenses.

Last updated December 5, 2023 at 11:47 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Chapter 3379-5 Committees

Ohio Adm.Code 3379-5-01 Standing committees.

There shall be an executive committee and such other standing committees as the council may from time to time determine.

Last updated December 5, 2023 at 11:47 AM

History

• Effective: January 31, 1977
• Promulgated Under: 111.15

Ohio Adm.Code 3379-5-02 Executive committee.

The executive committee shall be elected annually at the first meeting of the new fiscal year of the council and shall consist of the chair of the council, the vice chair, and four additional members. The immediate past chair of the council may be elected to serve as a fifth additional member of the executive committee with the approval of council, and so long as the immediate past chair is and continues to be a member of council. Four members shall constitute a quorum and the committee may act upon the majority vote of at least a quorum of its members who are present at the meeting. The executive committee shall, during the interval between meetings of the council, possess and exercise all of the powers of the council in management of the business and affairs of the council except as to such matters as the council has by resolution expressly reserved to itself, including but not limited to rules promulgation pursuant to rule 3379-13-01 of the Administrative Code. In addition, the executive committee is authorized to approve the director's application for funds to the "National Endowment for the Arts." The executive committee shall keep full and accurate records and accounts of its proceedings and transactions. All action by the executive committee shall be reported to the council at its meeting next succeeding such action and shall be subject to revision and alteration by the council, provided that no rights of third persons shall be affected by any such revision or alteration.

Last updated December 5, 2023 at 11:47 AM

History

• Effective: February 21, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 3379-13-01

Any of these rules and regulations may be either amended or repealed and new rules and regulations may be adopted at any meeting of the council by the affirmative vote of the majority of all voting members present. The notice of each such meeting shall be accompanied by a copy of any such proposed amendment to or of any proposed new rules and regulations, and of any proposal to repeal them in whole or in part.

Last updated December 5, 2023 at 11:49 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-5-03 Procedure.

The chair of the council shall be the chair of the executive committee and the committee shall send, by any reasonable method, a written report of its proceedings to the council promptly. Meetings of the executive committee shall be held on the call of any member of the committee with advance notification.

Last updated December 5, 2023 at 11:47 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-5-04 Vacancy.

A vacancy occurring in the executive committee shall be filled by the council at its next meeting and any vacancy in other standing committees shall be filled by the executive committee.

Last updated December 5, 2023 at 11:47 AM

History

• Effective: January 31, 1977
• Promulgated Under: 111.15

Chapter 3379-7 Officers

Ohio Adm.Code 3379-7-01 Number.

The officers of the council shall be the chair, the vice chair, and the secretary, and such other officers as may be appointed in accordance with law.

Last updated December 5, 2023 at 11:48 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-7-02 Election and term of office.

Each officer, except such as may be appointed in accordance with the provision of sections 3379.01 to 3379.09 of the Revised Code, shall be elected annually and should hold office until the next annual meeting of the new fiscal year and until their successors are elected and qualified.

Last updated December 5, 2023 at 11:48 AM

History

• Effective: February 21, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 3379-7-03 Vacancy.

A vacancy in any office, other than chair and vice chair, caused by death, resignation, removal or disqualification or for any other cause may be filled for the unexpired portion of the term by the executive committee subject, however, to the approval of council at its next meeting.

Last updated December 5, 2023 at 11:48 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-7-04 Director's powers and duties.

(A) The director shall be chief administrative officer of the council and shall have general supervision over the affairs of the council and over its subordinate officers and employees; subject, however, to the direction and control of the members of the council and its executive committee.

(B) The director may sign and execute in the name of the council any contracts or other documents authorized by the council or the executive committee, except in cases where the signing and execution thereof shall be expressly delegated by council action to some other officer or agent; and, in general, shall perform all duties incident to the office of the chief administrative officer of the council and such other duties as may from time to time be required of the director by the council.

(C) The director shall be responsible for preparing the council budget; once the council has approved the budget, and it has been passed by the state office of budget and management and the general assembly, the director shall have full authority to make expenditures under the budget and in accordance with existing state laws, except for matters of compensation governed by rule 3379-7-08 of the Administrative Code.

(D) The director shall, whenever it may be necessary in his or her opinion, prescribe the duties of any subordinate officers whose duties are not otherwise defined.

(E) The director shall in the event of a vacancy in the office of the secretary perform all duties of the office of secretary as specified in rule 3379-7-05 of the Administrative Code.

(F) The director shall not receive additional payment in any form for his or her services, such as fees for speaking or any form of gratuity.

(G) The director shall comply with the applicable statutes and regulations of the state of Ohio.

Last updated December 5, 2023 at 11:48 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-7-08

(A) The salary of the director shall be established by the action of the council. The director, with the approval of the council and in accordance with the laws of the state of Ohio, may recommend classification and job assignments of the remaining staff positions.

(B) Compensation of the director and/or any employee of the council, as well as expenses of the council, expenses of the director, expenses of the members of the council, of the executive committee, and other standing committees of the council, shall be paid upon voucher signed by the director.

(C) The expenses of the offices of the chair of the council shall be budgeted to include postage, telephone, travel, stationery, and incidental secretarial assistance where required.

Last updated December 5, 2023 at 11:48 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-7-05

The secretary shall:

(A) Certify and keep at the principal office of the council an original and copy of its rules and regulations, as amended.

(B) Keep at the principal office of the council or such other place as the members of the council may direct, a book of the minutes of all the meetings of the council (whether annual or special), their time and place, the notices thereof and the names of those present at the meetings, copies of which minutes shall be sent, by any reasonable method, to each member after the meeting.

(C) See that all notices are duly given in accordance with the provisions of these rules and regulations and as required by law.

(D) Be custodian of the records of the council.

(E) See that the books, reports, statements and all other documents and reports required by law are properly kept and filed.

(F) Exhibit at all reasonable times to any member of the council, upon application, the records of the proceedings of the members.

(G) In general, perform all duties of the office of secretary and such other duties as may from time to time be required of him or her by the council.

Last updated December 5, 2023 at 11:48 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-7-06 Consultants to the council.

The council from time to time may appoint one or more consultants for the purpose of advising the council on particular matters pertaining to its functions. Each consultant shall be formally designated as such and shall serve for such period as the council shall designate.

Last updated December 5, 2023 at 11:48 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-7-07 Advisory panels.

(A) The council or the executive committee from time to time may create an advisory panel in any designated art field or other relevant professions. Each panel shall perform such duties as shall be specified by the council, including submitting from time to time recommendations to the council for courses of action designed to promote the functions and activities of the council. Each panel shall be advisory only and shall not have authority to commit the council financially or otherwise without the council's express consent.

(B) A list of potential advisory panel members shall be compiled for council approval. The council will review potential panel members as submitted by the chair and director who, in turn, have had input from staff and the arts field or other relevant professions.

(C) Appointments to each advisory panel shall be equal in duration to that of the grants to be awarded by that panel, or for one year, whichever is longer. An advisory panel member may be reappointed but such reappointment must be approved by council and shall not result in such member serving for more than four consecutive meetings of the same panel. After an advisory panel member serves four consecutive meetings of the panel, such member may not be appointed to any advisory panel again until two years have elapsed.

Last updated December 5, 2023 at 11:48 AM

History

• Effective: February 21, 2019
• Promulgated Under: 119.03

Chapter 3379-9 Reports

Ohio Adm.Code 3379-9-01 State of arts reports.

The council shall report biennially as required by law to the governor and the general assembly of Ohio on the state of the arts. It may also publish other reports or studies on matters affecting the state of the arts in the growth and development of the state of Ohio. All such reports shall be provided to the governor, the general assembly of Ohio, and upon request, to the general public.

Last updated December 5, 2023 at 11:49 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-9-02 Conflict of interest reports.

(A) Each council member will file with the executive director and chair of the council at such date as determined by the council (and in the case of new members of the council within sixty days following their appointment by the governor), a statement listing his or her employment by or interest in (financial or otherwise) organizations eligible for council support. Such statement shall be kept current to reflect any substantial changes.

(B) A council member shall not submit an application for council funds, or any report required by the council on behalf of an organization which employs him or her or in which he or she has an interest.

(C) Council officials and employees must, at all times, comply with the ethics law (Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code) as interpreted by the courts and Ohio ethics commission, and fully described in commission advisory opinions to the council.

(D) If an officer, board member or employee of an organization serves on council, the council member is prohibited from having an interest in the organization's receipt of financial support from the council unless the council member shows that he or she meets a four-part exception to the public contract restrictions in the ethics law, set forth in division (C) of section 2921.42 of the Revised Code.

(E) In order to meet one of the requirements (division (C)(2) of section 2921.42 of the Revised Code), the council member would have to show that:

(1) The advisory panel conducts an independent review of all applications using the same level of scrutiny;

(2) The organization meets the eligibility requirements to receive a grant;

(3) The organization's score is above the cutoff point for funding if one has been established by the council;

(4) The organization receives a funding amount based on an objective formula; and

(5) All other applicants whose scores are above the cutoff point also receive funding based on the same formula.

(F) Council members who are employees of organizations, colleges, or universities that receive financial support from the council shall not receive any definite and direct profit, such as a fee, commission, or compensation, from the proceeds of any council grants awarded to the organizations or institutions by which they are employed.

(G) A council member is prohibited from participating in an activity financially supported by the council, regardless of whether the council member receives a definite and direct benefit from the council funds for his or her participation, unless the council member meets the four-part exception set forth in division (C) of section 2921.42 of the Revised Code and fully explained in the commission's advisory opinions.

(H) When the application of a particular grantee organization, by which a council member is employed or in which he or she has an interest, is discussed by the council, such council member shall refrain from participating in such discussions and shall also refrain from voting on the funding of such applications.

(I) Council members shall make every reasonable effort to act without self-interest on all applications submitted to the council, recognizing that loyalties to a particular geographic area, arts discipline, institution, or specific interest group, must be subjugated to the broader purpose of acting in the best interests of state-wide arts promotion and development.

Last updated December 5, 2023 at 11:49 AM

History

• Effective: February 21, 2019
• Promulgated Under: 119.03

Chapter 3379-11 Emergency Grants

Ohio Adm.Code 3379-11-01 Emergency grants.

(A) In case of emergency and proven need, the awarding of emergency grants will be authorized by council.

(B) The sum of all emergency grants awarded during any fiscal year shall not exceed five per cent of the total subsidy monies for that fiscal year.

Last updated December 5, 2023 at 11:49 AM

History

• Effective: July 23, 1984
• Promulgated Under: 111.15

Chapter 3379-13 Amendments

Ohio Adm.Code 3379-13-01 Amendments.

Any of these rules and regulations may be either amended or repealed and new rules and regulations may be adopted at any meeting of the council by the affirmative vote of the majority of all voting members present. The notice of each such meeting shall be accompanied by a copy of any such proposed amendment to or of any proposed new rules and regulations, and of any proposal to repeal them in whole or in part.

Last updated December 5, 2023 at 11:49 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Chapter 3379-15 Accessing Confidential Personal Information

Ohio Adm.Code 3379-15-01 Definitions.

For the purposes of administrative rules promulgated in accordance with section 1347.15 of the Revised Code, the following definitions apply:

(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 December 5, 2023 at 11:49 AM

History

• Effective: December 18, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 3379-15-02 Procedures for accessing confidential personal information.

For personal information systems, whether manual or computer systems, that contain confidential personal information, the council 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 December 5, 2023 at 11:49 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-15-03 Valid reasons for accessing confidential person 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 council 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:

Performing the following functions constitute valid reasons for authorized employees of the agency to access confidential personal information:

(A) Responding to a public records request;

(B) Responding to a request from an individual for the list of CPI the agency maintains on that individual;

(C) Administering a constitutional provision or duty;

(D) Administering a statutory provision or duty;

(E) Administering an administrative rule provision or duty;

(F) Complying with any state or federal program requirements;

(G) Processing or payment of claims or otherwise administering a program with individual participants or beneficiaries;

(H) Auditing purposes;

(I) Licensure [or permit, eligibility, filing, etc.] processes;

(J) Investigation or law enforcement purposes;

(K) Administrative hearings;

(L) Litigation, complying with an order of the court, or subpoena;

(M) Human resource matters (e.g., hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, time card approvals/issues);

(N) Complying with an executive order or policy;

(O) 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

(P) Complying with a collective bargaining agreement provision.

Last updated December 5, 2023 at 11:49 AM

History

• Effective: April 15, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-15-04 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. (2010), unless the individual was told that the number would be disclosed.

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

Last updated December 5, 2023 at 11:50 AM

History

• Effective: May 1, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 3379-15-05 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 December 5, 2023 at 11:50 AM

History

• Effective: December 18, 2010
• Promulgated Under: 119.03

Chapter 3379-17 Gifts and Donations

Ohio Adm.Code 3379-17-01 Gifts and donations.

The council may maintain a fund in the state treasury designed to accommodate gifts and donations made to the council and fees paid for council publications and conferences the council sponsors. The funds shall be used to pay the council's operating expenses, including but not limited to, payroll, personal services, maintenance, equipment, and subsidy payments. All funds must be accounted for in accordance with state policies and procedures.

The council reserves the right to accept donations based on the compatibility and propriety of the donor with a project and the mission and goals of the council. Donations may be appropriately acknowledged, but will not be recognized by any special privilege associated with programs or through the naming of features after living persons.

No acknowledgement shall convey an endorsement of a particular donor or product. An endorsement is defined as the expression of a favorable opinion about the quality, value, or effectiveness of a particular product, service, company, or organization.

Last updated December 5, 2023 at 11:50 AM

History

• Effective: February 21, 2019
• Promulgated Under: 119.03