Sec. 109.572. (A)(1) Upon receipt of a request pursuant to | 12 |
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, | 13 |
a completed form prescribed pursuant to division (C)(1) of this | 14 |
section, and a set of fingerprint impressions obtained in the | 15 |
manner described in division (C)(2) of this section, the | 16 |
superintendent of the bureau of criminal identification and | 17 |
investigation shall conduct a criminal records check in the manner | 18 |
described in division (B) of this section to determine whether any | 19 |
information exists that indicates that the person who is the | 20 |
subject of the request previously has been convicted of or pleaded | 21 |
guilty to any of the following: | 22 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 23 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 24 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 25 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 26 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 27 |
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 28 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 29 |
2925.06, or 3716.11 of the Revised Code, felonious sexual | 30 |
penetration in violation of former section 2907.12 of the Revised | 31 |
Code, a violation of section 2905.04 of the Revised Code as it | 32 |
existed prior to July 1, 1996, a violation of section 2919.23 of | 33 |
the Revised Code that would have been a violation of section | 34 |
2905.04 of the Revised Code as it existed prior to July 1, 1996, | 35 |
had the violation been committed prior to that date, or a | 36 |
violation of section 2925.11 of the Revised Code that is not a | 37 |
minor drug possession offense; | 38 |
(2) On receipt of a request pursuant to section 5123.081 of | 43 |
the Revised Code with respect to an applicant for employment in | 44 |
any position with the department of developmental disabilities, | 45 |
pursuant to section 5126.28 of the Revised Code with respect to an | 46 |
applicant for employment in any position with a county board of | 47 |
developmental disabilities, or pursuant to section 5126.281 of the | 48 |
Revised Code with respect to an applicant for employment in a | 49 |
direct services position with an entity contracting with a county | 50 |
board for employment, a completed form prescribed pursuant to | 51 |
division (C)(1) of this section, and a set of fingerprint | 52 |
impressions obtained in the manner described in division (C)(2) of | 53 |
this section, the superintendent of the bureau of criminal | 54 |
identification and investigation shall conduct a criminal records | 55 |
check. The superintendent shall conduct the criminal records check | 56 |
in the manner described in division (B) of this section to | 57 |
determine whether any information exists that indicates that the | 58 |
person who is the subject of the request has been convicted of or | 59 |
pleaded guilty to any of the following: | 60 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 61 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 62 |
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, | 63 |
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, | 64 |
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 65 |
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, | 66 |
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, | 67 |
2925.03, or 3716.11 of the Revised Code; | 68 |
(3) On receipt of a request pursuant to section 173.27, | 73 |
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a | 74 |
completed form prescribed pursuant to division (C)(1) of this | 75 |
section, and a set of fingerprint impressions obtained in the | 76 |
manner described in division (C)(2) of this section, the | 77 |
superintendent of the bureau of criminal identification and | 78 |
investigation shall conduct a criminal records check with respect | 79 |
to any person who has applied for employment in a position for | 80 |
which a criminal records check is required by those sections. The | 81 |
superintendent shall conduct the criminal records check in the | 82 |
manner described in division (B) of this section to determine | 83 |
whether any information exists that indicates that the person who | 84 |
is the subject of the request previously has been convicted of or | 85 |
pleaded guilty to any of the following: | 86 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 87 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 88 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 89 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 90 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 91 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 92 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 93 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 94 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 95 |
(4) On receipt of a request pursuant to section 3701.881 of | 99 |
the Revised Code with respect to an applicant for employment with | 100 |
a home health agency as a person responsible for the care, | 101 |
custody, or control of a child, a completed form prescribed | 102 |
pursuant to division (C)(1) of this section, and a set of | 103 |
fingerprint impressions obtained in the manner described in | 104 |
division (C)(2) of this section, the superintendent of the bureau | 105 |
of criminal identification and investigation shall conduct a | 106 |
criminal records check. The superintendent shall conduct the | 107 |
criminal records check in the manner described in division (B) of | 108 |
this section to determine whether any information exists that | 109 |
indicates that the person who is the subject of the request | 110 |
previously has been convicted of or pleaded guilty to any of the | 111 |
following: | 112 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 113 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 114 |
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, | 115 |
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, | 116 |
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 117 |
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 118 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 119 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a | 120 |
violation of section 2925.11 of the Revised Code that is not a | 121 |
minor drug possession offense; | 122 |
(5) On receipt of a request pursuant to section 5111.032, | 126 |
5111.033, or 5111.034 of the Revised Code, a completed form | 127 |
prescribed pursuant to division (C)(1) of this section, and a set | 128 |
of fingerprint impressions obtained in the manner described in | 129 |
division (C)(2) of this section, the superintendent of the bureau | 130 |
of criminal identification and investigation shall conduct a | 131 |
criminal records check. The superintendent shall conduct the | 132 |
criminal records check in the manner described in division (B) of | 133 |
this section to determine whether any information exists that | 134 |
indicates that the person who is the subject of the request | 135 |
previously has been convicted of, has pleaded guilty to, or has | 136 |
been found eligible for intervention in lieu of conviction for any | 137 |
of the following, regardless of the date of the conviction, the | 138 |
date of entry of the guilty plea, or the date the person was found | 139 |
eligible for intervention in lieu of conviction: | 140 |
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 141 |
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 142 |
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 143 |
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 144 |
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 145 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 146 |
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 147 |
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 148 |
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 149 |
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 150 |
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 151 |
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 152 |
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 153 |
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 154 |
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, | 155 |
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual | 156 |
penetration in violation of former section 2907.12 of the Revised | 157 |
Code, a violation of section 2905.04 of the Revised Code as it | 158 |
existed prior to July 1, 1996, a violation of section 2919.23 of | 159 |
the Revised Code that would have been a violation of section | 160 |
2905.04 of the Revised Code as it existed prior to July 1, 1996, | 161 |
had the violation been committed prior to that date; | 162 |
(6) On receipt of a request pursuant to section 3701.881 of | 167 |
the Revised Code with respect to an applicant for employment with | 168 |
a home health agency in a position that involves providing direct | 169 |
care to an older adult, a completed form prescribed pursuant to | 170 |
division (C)(1) of this section, and a set of fingerprint | 171 |
impressions obtained in the manner described in division (C)(2) of | 172 |
this section, the superintendent of the bureau of criminal | 173 |
identification and investigation shall conduct a criminal records | 174 |
check. The superintendent shall conduct the criminal records check | 175 |
in the manner described in division (B) of this section to | 176 |
determine whether any information exists that indicates that the | 177 |
person who is the subject of the request previously has been | 178 |
convicted of or pleaded guilty to any of the following: | 179 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 180 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 181 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 182 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 183 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 184 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 185 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 186 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 187 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 188 |
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 210 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, | 211 |
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, | 212 |
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 213 |
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 214 |
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, | 215 |
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, | 216 |
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, | 217 |
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 | 218 |
of the Revised Code, a violation of section 2905.04 of the Revised | 219 |
Code as it existed prior to July 1, 1996, a violation of section | 220 |
2919.23 of the Revised Code that would have been a violation of | 221 |
section 2905.04 of the Revised Code as it existed prior to July 1, | 222 |
1996, had the violation been committed prior to that date, a | 223 |
violation of section 2925.11 of the Revised Code that is not a | 224 |
minor drug possession offense, two or more OVI or OVUAC violations | 225 |
committed within the three years immediately preceding the | 226 |
submission of the application or petition that is the basis of the | 227 |
request, or felonious sexual penetration in violation of former | 228 |
section 2907.12 of the Revised Code; | 229 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 244 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, | 245 |
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, | 246 |
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, | 247 |
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, | 248 |
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, | 249 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 250 |
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 251 |
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, | 252 |
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, | 253 |
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or | 254 |
3716.11 of the Revised Code, felonious sexual penetration in | 255 |
violation of former section 2907.12 of the Revised Code, a | 256 |
violation of section 2905.04 of the Revised Code as it existed | 257 |
prior to July 1, 1996, a violation of section 2919.23 of the | 258 |
Revised Code that would have been a violation of section 2905.04 | 259 |
of the Revised Code as it existed prior to July 1, 1996, had the | 260 |
violation been committed prior to that date, a violation of | 261 |
section 2925.11 of the Revised Code that is not a minor drug | 262 |
possession offense, a violation of section 2923.02 or 2923.03 of | 263 |
the Revised Code that relates to a crime specified in this | 264 |
division, or a second violation of section 4511.19 of the Revised | 265 |
Code within five years of the date of application for licensure or | 266 |
certification. | 267 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 282 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 283 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 284 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 285 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 286 |
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 287 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 288 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, | 289 |
felonious sexual penetration in violation of former section | 290 |
2907.12 of the Revised Code, a violation of section 2905.04 of the | 291 |
Revised Code as it existed prior to July 1, 1996, a violation of | 292 |
section 2919.23 of the Revised Code that would have been a | 293 |
violation of section 2905.04 of the Revised Code as it existed | 294 |
prior to July 1, 1996, had the violation been committed prior to | 295 |
that date, or a violation of section 2925.11 of the Revised Code | 296 |
that is not a minor drug possession offense; | 297 |
(11) On receipt of a request for a criminal records check | 302 |
from an individual pursuant to section 4749.03 or 4749.06 of the | 303 |
Revised Code, accompanied by a completed copy of the form | 304 |
prescribed in division (C)(1) of this section and a set of | 305 |
fingerprint impressions obtained in a manner described in division | 306 |
(C)(2) of this section, the superintendent of the bureau of | 307 |
criminal identification and investigation shall conduct a criminal | 308 |
records check in the manner described in division (B) of this | 309 |
section to determine whether any information exists indicating | 310 |
that the person who is the subject of the request has been | 311 |
convicted of or pleaded guilty to a felony in this state or in any | 312 |
other state. If the individual indicates that a firearm will be | 313 |
carried in the course of business, the superintendent shall | 314 |
require information from the federal bureau of investigation as | 315 |
described in division (B)(2) of this section. The superintendent | 316 |
shall report the findings of the criminal records check and any | 317 |
information the federal bureau of investigation provides to the | 318 |
director of public safety. | 319 |
(12) On receipt of a request pursuant to section 1321.37, | 320 |
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised | 321 |
Code, a completed form prescribed pursuant to division (C)(1) of | 322 |
this section, and a set of fingerprint impressions obtained in the | 323 |
manner described in division (C)(2) of this section, the | 324 |
superintendent of the bureau of criminal identification and | 325 |
investigation shall conduct a criminal records check with respect | 326 |
to any person who has applied for a license, permit, or | 327 |
certification from the department of commerce or a division in the | 328 |
department. The superintendent shall conduct the criminal records | 329 |
check in the manner described in division (B) of this section to | 330 |
determine whether any information exists that indicates that the | 331 |
person who is the subject of the request previously has been | 332 |
convicted of or pleaded guilty to any of the following: a | 333 |
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or | 334 |
2925.03 of the Revised Code; any other criminal offense involving | 335 |
theft, receiving stolen property, embezzlement, forgery, fraud, | 336 |
passing bad checks, money laundering, or drug trafficking, or any | 337 |
criminal offense involving money or securities, as set forth in | 338 |
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of | 339 |
the Revised Code; or any existing or former law of this state, any | 340 |
other state, or the United States that is substantially equivalent | 341 |
to those offenses. | 342 |
(13) On receipt of a request for a criminal records check | 343 |
from the treasurer of state under section 113.041 of the Revised | 344 |
Code or from an individual under section 4701.08, 4715.101, | 345 |
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, | 346 |
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 347 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 348 |
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, | 349 |
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by | 350 |
a completed form prescribed under division (C)(1) of this section | 351 |
and a set of fingerprint impressions obtained in the manner | 352 |
described in division (C)(2) of this section, the superintendent | 353 |
of the bureau of criminal identification and investigation shall | 354 |
conduct a criminal records check in the manner described in | 355 |
division (B) of this section to determine whether any information | 356 |
exists that indicates that the person who is the subject of the | 357 |
request has been convicted of or pleaded guilty to any criminal | 358 |
offense in this state or any other state. The superintendent shall | 359 |
send the results of a check requested under section 113.041 of the | 360 |
Revised Code to the treasurer of state and shall send the results | 361 |
of a check requested under any of the other listed sections to the | 362 |
licensing board specified by the individual in the request. | 363 |
(14) On receipt of a request pursuant to section 1121.23, | 364 |
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised | 365 |
Code, a completed form prescribed pursuant to division (C)(1) of | 366 |
this section, and a set of fingerprint impressions obtained in the | 367 |
manner described in division (C)(2) of this section, the | 368 |
superintendent of the bureau of criminal identification and | 369 |
investigation shall conduct a criminal records check in the manner | 370 |
described in division (B) of this section to determine whether any | 371 |
information exists that indicates that the person who is the | 372 |
subject of the request previously has been convicted of or pleaded | 373 |
guilty to any criminal offense under any existing or former law of | 374 |
this state, any other state, or the United States. | 375 |
(15) On receipt of a request for a criminal records check | 376 |
from an appointing or licensing authority under section 3772.07 of | 377 |
the Revised Code, a completed form prescribed under division | 378 |
(C)(1) of this section, and a set of fingerprint impressions | 379 |
obtained in the manner prescribed in division (C)(2) of this | 380 |
section, the superintendent of the bureau of criminal | 381 |
identification and investigation shall conduct a criminal records | 382 |
check in the manner described in division (B) of this section to | 383 |
determine whether any information exists that indicates that the | 384 |
person who is the subject of the request previously has been | 385 |
convicted of or pleaded guilty or no contest to any offense under | 386 |
any existing or former law of this state, any other state, or the | 387 |
United States that is a disqualifying offense as defined in | 388 |
section 3772.07 of the Revised Code or substantially equivalent to | 389 |
such an offense. | 390 |
(16) On receipt of a request for a criminal records check | 391 |
from an agency under section 5903.101 of the Revised Code, a | 392 |
completed form prescribed under division (C)(1) of this section, | 393 |
and a set of fingerprint impressions obtained in the manner | 394 |
prescribed under division (C)(2) of this section, the | 395 |
superintendent of the bureau of criminal identification and | 396 |
investigation shall conduct a criminal records check in the manner | 397 |
described in division (B) of this section to determine whether any | 398 |
information exists that indicates that the individual who is the | 399 |
subject of the request previously has been convicted of or pleaded | 400 |
guilty or no contest to any offense under any existing or former | 401 |
law of this state, any other state, or the United States. The | 402 |
superintendent shall report the findings of the criminal records | 403 |
check and any information the federal bureau of investigation | 404 |
provides to the agency. | 405 |
(17) Not later than thirty days after the date the | 406 |
superintendent receives a request of a type described in division | 407 |
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), | 408 |
(14), or (15), or (16) of this section, the completed form, and | 409 |
the fingerprint impressions, the superintendent shall send the | 410 |
person, board, or entity that made the request any information, | 411 |
other than information the dissemination of which is prohibited by | 412 |
federal law, the superintendent determines exists with respect to | 413 |
the person who is the subject of the request that indicates that | 414 |
the person previously has been convicted of or pleaded guilty to | 415 |
any offense listed or described in division (A)(1), (2), (3), (4), | 416 |
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15), or (16) | 417 |
of this section, as appropriate. The superintendent shall send the | 418 |
person, board, or entity that made the request a copy of the list | 419 |
of offenses specified in division (A)(1), (2), (3), (4), (5), (6), | 420 |
(7), (8), (9), (10), (11), (12), (14), or (15), or (16) of this | 421 |
section, as appropriate. If the request was made under section | 422 |
3701.881 of the Revised Code with regard to an applicant who may | 423 |
be both responsible for the care, custody, or control of a child | 424 |
and involved in providing direct care to an older adult, the | 425 |
superintendent shall provide a list of the offenses specified in | 426 |
divisions (A)(4) and (6) of this section. | 427 |
(B) The superintendent shall conduct any criminal records | 438 |
check requested under section 113.041, 121.08, 173.27, 173.394, | 439 |
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03, | 440 |
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, | 441 |
3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08, 4715.101, | 442 |
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, | 443 |
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 444 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 445 |
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 446 |
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 447 |
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, | 448 |
5126.281, or 5153.111, or 5903.101 of the Revised Code as follows: | 449 |
(1) The superintendent shall review or cause to be reviewed | 450 |
any relevant information gathered and compiled by the bureau under | 451 |
division (A) of section 109.57 of the Revised Code that relates to | 452 |
the person who is the subject of the request, including, if the | 453 |
criminal records check was requested under section 113.041, | 454 |
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, | 455 |
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, | 456 |
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, | 457 |
3722.151, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, | 458 |
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or | 459 |
5153.111, or 5903.101 of the Revised Code, any relevant | 460 |
information contained in records that have been sealed under | 461 |
section 2953.32 of the Revised Code; | 462 |
(2) If the request received by the superintendent asks for | 463 |
information from the federal bureau of investigation, the | 464 |
superintendent shall request from the federal bureau of | 465 |
investigation any information it has with respect to the person | 466 |
who is the subject of the request, including fingerprint-based | 467 |
checks of national crime information databases as described in 42 | 468 |
U.S.C. 671 if the request is made pursuant to section 2151.86, | 469 |
5104.012, or 5104.013 of the Revised Code or if any other Revised | 470 |
Code section requires fingerprint-based checks of that nature, and | 471 |
shall review or cause to be reviewed any information the | 472 |
superintendent receives from that bureau. If a request under | 473 |
section 3319.39 of the Revised Code asks only for information from | 474 |
the federal bureau of investigation, the superintendent shall not | 475 |
conduct the review prescribed by division (B)(1) of this section. | 476 |
(C)(1) The superintendent shall prescribe a form to obtain | 481 |
the information necessary to conduct a criminal records check from | 482 |
any person for whom a criminal records check is requested under | 483 |
section 113.041 of the Revised Code or required by section 121.08, | 484 |
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, | 485 |
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, | 486 |
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07, | 487 |
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, | 488 |
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, | 489 |
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061, | 490 |
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, | 491 |
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 492 |
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, | 493 |
5126.281, or 5153.111, or 5903.101 of the Revised Code. The form | 494 |
that the superintendent prescribes pursuant to this division may | 495 |
be in a tangible format, in an electronic format, or in both | 496 |
tangible and electronic formats. | 497 |
(2) The superintendent shall prescribe standard impression | 498 |
sheets to obtain the fingerprint impressions of any person for | 499 |
whom a criminal records check is requested under section 113.041 | 500 |
of the Revised Code or required by section 121.08, 173.27, | 501 |
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, | 502 |
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, | 503 |
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08, | 504 |
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, | 505 |
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 506 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 507 |
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 508 |
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 509 |
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, | 510 |
5126.281, or 5153.111, or 5903.101 of the Revised Code. Any person | 511 |
for whom a records check is requested under or required by any of | 512 |
those sections shall obtain the fingerprint impressions at a | 513 |
county sheriff's office, municipal police department, or any other | 514 |
entity with the ability to make fingerprint impressions on the | 515 |
standard impression sheets prescribed by the superintendent. The | 516 |
office, department, or entity may charge the person a reasonable | 517 |
fee for making the impressions. The standard impression sheets the | 518 |
superintendent prescribes pursuant to this division may be in a | 519 |
tangible format, in an electronic format, or in both tangible and | 520 |
electronic formats. | 521 |
(3) Subject to division (D) of this section, the | 522 |
superintendent shall prescribe and charge a reasonable fee for | 523 |
providing a criminal records check requested under section | 524 |
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, | 525 |
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, | 526 |
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, | 527 |
3722.151, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121, | 528 |
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, | 529 |
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091, | 530 |
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, | 531 |
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, | 532 |
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034, | 533 |
5123.081, 5126.28, 5126.281, or 5153.111 or 5903.101 of the | 534 |
Revised Code. The person making a criminal records request under | 535 |
any of those sections shall pay the fee prescribed pursuant to | 536 |
this division. A person making a request under section 3701.881 of | 537 |
the Revised Code for a criminal records check for an applicant who | 538 |
may be both responsible for the care, custody, or control of a | 539 |
child and involved in providing direct care to an older adult | 540 |
shall pay one fee for the request. In the case of a request under | 541 |
section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or | 542 |
5111.032 of the Revised Code, the fee shall be paid in the manner | 543 |
specified in that section. | 544 |
(D) A determination whether any information exists that | 550 |
indicates that a person previously has been convicted of or | 551 |
pleaded guilty to any offense listed or described in division | 552 |
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or | 553 |
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b), | 554 |
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15), | 555 |
or (A)(16) of this section, or that indicates that a person | 556 |
previously has been convicted of or pleaded guilty to any criminal | 557 |
offense in this state or any other state regarding a criminal | 558 |
records check of a type described in division (A)(13) of this | 559 |
section, and that is made by the superintendent with respect to | 560 |
information considered in a criminal records check in accordance | 561 |
with this section is valid for the person who is the subject of | 562 |
the criminal records check for a period of one year from the date | 563 |
upon which the superintendent makes the determination. During the | 564 |
period in which the determination in regard to a person is valid, | 565 |
if another request under this section is made for a criminal | 566 |
records check for that person, the superintendent shall provide | 567 |
the information that is the basis for the superintendent's initial | 568 |
determination at a lower fee than the fee prescribed for the | 569 |
initial criminal records check. | 570 |
(c) A student working to earn a four-year, post-secondary | 597 |
degree, or higher, in a social or behavior science, or both, who | 598 |
conducts assessor's duties under the supervision of a professional | 599 |
counselor, social worker, or marriage and family therapist | 600 |
licensed under Chapter 4757. of the Revised Code or a psychologist | 601 |
licensed under Chapter 4732. of the Revised Code. Beginning July | 602 |
1, 2009, a student is eligible under this division only if the | 603 |
supervising professional counselor, social worker, marriage and | 604 |
family therapist, or psychologist has completed training in | 605 |
accordance with rules adopted under section 3107.015 of the | 606 |
Revised Code. | 607 |
(D) Not later than January 1, 2008, the department of job and | 633 |
family services shall develop and maintain an assessor registry. | 634 |
The registry shall list all individuals who are employed, | 635 |
appointed by, or under contract with a court, public children | 636 |
services agency, private child placing agency, or private | 637 |
noncustodial agency and meet the requirements of an assessor as | 638 |
described in this section. A public children services agency, | 639 |
private child placing agency, private noncustodial agency, court, | 640 |
or any other person may contact the department to determine if an | 641 |
individual is listed in the assessor registry. An individual | 642 |
listed in the assessor registry shall immediately inform the | 643 |
department when that individual is no longer employed, appointed | 644 |
by, or under contract with a court, public children services | 645 |
agency, private child placing agency, or private noncustodial | 646 |
agency to perform the duties of an assessor as described in this | 647 |
section. The director of job and family services shall adopt rules | 648 |
in accordance with Chapter 119. of the Revised Code necessary for | 649 |
the implementation, contents, and maintenance of the registry, and | 650 |
any sanctions related to the provision of information, or the | 651 |
failure to provide information, that is needed for the proper | 652 |
operation of the assessor registry. | 653 |
(4) Rabbis, priests, Christian science practitioners, clergy, | 670 |
or members of religious orders and other individuals participating | 671 |
with them in pastoral counseling when the counseling activities | 672 |
are within the scope of the performance of their regular or | 673 |
specialized ministerial duties and are performed under the | 674 |
auspices or sponsorship of an established and legally cognizable | 675 |
church, denomination, or sect or an integrated auxiliary of a | 676 |
church as defined in federal tax regulations, paragraph (g)(5) of | 677 |
26 C.F.R. 1.6033-2 (1995), and when the individual rendering the | 678 |
service remains accountable to the established authority of that | 679 |
church, denomination, sect, or integrated auxiliary; | 680 |
(7) Until two years after the date the department of alcohol | 690 |
and drug addiction services ceases to administer its process for | 691 |
the certification or credentialing of chemical dependency | 692 |
counselors and alcohol and other drug prevention specialists under | 693 |
section 3793.07 of the Revised Code, as specified in division (B) | 694 |
of that section, or in the case of an individual who has the | 695 |
expiration date of the individual's certificate or credentials | 696 |
delayed under section 4758.04 of the Revised Code, until the date | 697 |
of the delayed expiration, individuals with certification or | 698 |
credentials accepted by the department under that section who are | 699 |
acting within the scope of their certification or credentials as | 700 |
members of the profession of chemical dependency counseling or as | 701 |
alcohol and other drug prevention specialists; | 702 |
Sec. 5903.10. Any(A) A holder of an expired license or | 729 |
certificate from this state or any political subdivision or agency | 730 |
of the state to practice a trade or profession, whose license or | 731 |
certificate was not renewed because of the holder's service in the | 732 |
armed forces of the United States, or in the national guard or in | 733 |
a reserve component, shall, upon presentation of satisfactory | 734 |
evidence of honorable discharge or separation under honorable | 735 |
conditions therefrom within six months of such discharge or | 736 |
separation, be granted a renewal of saidthe license or | 737 |
certificate by the issuing board or authorityagency at the usual | 738 |
cost without penalty and without re-examination, if not otherwise | 739 |
disqualified because of mental or physical disability, and if | 740 |
either: | 741 |
Sec. 5903.102. (A) Except as provided in division (B) of this | 805 |
section, an agency of this state or of any political subdivision | 806 |
of this state, or a private state contractor, authorized by the | 807 |
Revised Code to grant a licensure or certification shall, upon | 808 |
presentation of satisfactory evidence, consider relevant | 809 |
education, training, or service completed by an individual as a | 810 |
member of the armed forces of the United States or reserve | 811 |
components thereof, the national guard of any state, the military | 812 |
reserve of any state, or the naval militia of any state toward the | 813 |
qualifications required to receive the licensure or certification. | 814 |
(2) An education program approved by an agency or private | 825 |
state contractor may grant advanced standing to an individual who | 826 |
served as a member of the armed forces of the United States or | 827 |
reserve components thereof, the national guard of any state, the | 828 |
military reserve of any state, or the naval militia of any state | 829 |
for the individual's prior relevant military experience and | 830 |
coursework, in accordance with specific written policies and | 831 |
procedures of the education program and in accordance with rules | 832 |
promulgated by the appropriate governmental unit or contractor | 833 |
that permit granting advanced standing in those education | 834 |
programs. If applicable, such advanced standing shall be applied | 835 |
to the individual's status toward completion of an education | 836 |
program if the individual satisfies all of the program | 837 |
requirements adopted under the appropriate governmental unit's or | 838 |
contractor's rules. | 839 |