Ohio Admin. Code 3701-12-19 - Monitoring of activities determined to not be reviewable activities
(A) The director
shall monitor the implementation of an activity which the director has
determined to not be a reviewable activity under rule
3701-12-04
of the Administrative Code, if the director determines that the activity
requires monitoring under paragraph (B) of this rule. The director shall
monitor the activity to determine whether it is implemented in the manner
described in the request for the ruling and whether it still is not a
reviewable activity.
(B) The
director may determine that an activity requires monitoring under this rule at
the time that the activity is determined to not be a reviewable activity or at
any subsequent time. The director shall commence monitoring when the director
determines that one or more of the factors specified in this paragraph are
applicable. The director may consider the following factors in determining
which activities require monitoring under this rule:
(1) Whether the determination that the
activity was not a reviewable activity was based upon representations that
certain services would or would not be provided as a result of the
activity;
(2) Whether the
determination that the activity was not a reviewable activity was based upon
representations that the activity would be conducted through a particular
organizational structure or by a certain type of facility such as
a a county home;
(3) Whether the determination that the
activity was not a reviewable activity was based upon certain configurations,
types, or uses of physical space or the request lacked specificity concerning
the configuration, type, or use of physical space;
(4) Whether the activity involved exclusion
of items listed in division (B) of section 3702.51
3702.511
of the Revised
Code from a construction or renovation project that otherwise would have been
reviewable;
(5) The director has
reason to believe that the activity is being implemented differently from the
representations made in the request for the reviewability ruling or in a manner
that may make the activity a reviewable activity;
(6) Whether the activity is a reviewable
activity if any of the conditions specified under division (B) of section
3702.511 of the Revised Code
were not been met.
(C)
Upon determining that an activity requires monitoring under this rule, the
director shall provide written notice of that determination to the person who
filed the request for reviewability determination. The notice shall specify the
provisions of paragraph (B) of this rule that form the basis for the
determination that monitoring is required. In the case of monitoring on the
basis of paragraph (B)(5) of this rule, the notice shall specify the reason why
the director believes that paragraph applies.
(D) For purposes of conducting monitoring
under this rule, the director may request compliance with the provisions of
this paragraph that are relevant to the basis for monitoring a particular
activity, as specified in the notice provided under paragraph (C) of this rule.
Upon request by the director , a person who filed the request for reviewability
determination for an activity that the director determines requires monitoring
under this rule shall do all of the following, as applicable, beginning no
later than forty-five days after the director 's request:
(1) Provide progress reports on the
implementation of the activity, at the times and containing the information
requested by the director ;
(2) In
the case of an activity monitored under paragraph (B)(4) of this rule, provide
accurate statements of costs involved in implementation or operation of the
activity and supporting documentation;
(3) In the case of an activity monitored
under paragraph (B)(3) (B)(4), or (B)(5) of this rule, provide contracts,
drawings, descriptions, or other information relating to construction or
renovation work associated with the activity;
(4) In the case of an activity monitored
under paragraph (B)(1) or (B)(2) of this rule, provide information about the
services to be furnished as a result of the activity, including the identity
and type of the providers of the services and data on the utilization of the
services;
(5) In the case of an
activity monitored under paragraph (B)(2) of this rule, provide information
about the organizational relationships of persons involved in implementing and
operating the activity;
(6) Allow
the director to have access to the site or sites at which the activity is
implemented or operated and to examine records pertinent to implementation or
operation of the activity, subject to applicable confidentiality laws. The
director shall examine only those portions of the site or those records that
are relevant to the basis for the determination that monitoring is required, as
specified in the notice provided under paragraph (C) of this rule;
(7) Provide any other information that is
relevant to monitoring whether the activity is being conducted in a manner
consistent with the representations in the request for the ruling and that does
not render it reviewable; and
(8)
Provide documentation to verify compliance with the conditions specified under
division (B) of section
3702.511 of the Revised Code, if
the activity is monitored under paragraph (B)(7)
(6) of this
rule.
(E) The director
shall monitor an activity under this rule only for the period of time necessary
to determine that the activity has been implemented in accordance with the
request for the reviewability ruling and in a manner that does not make it a
reviewable activity. For other activities, such as activities monitored under
paragraph (B)(1) of this rule, monitoring may be continuing.
(F) Upon request by the director , the person
to who filed the request for reviewability determination shall provide
affidavits from appropriate individuals attesting to the accuracy of any
information provided under this rule.
Notes
Promulgated Under: 119.03
Statutory Authority: 3702.52; 3702.57
Rule Amplifies: 3702.52; 3702.57
Prior Effective Dates: 05/20/1991, 09/06/1999, 09/01/2008, 03/25/2010, 09/02/2013, 10/23/2015
Promulgated Under: 119.03
Statutory Authority: 3702.52, 3702.57
Rule Amplifies: 3702.52, 3702.57
Prior Effective Dates: 5/20/1991, 9/6/99, 9/27/07, 9/1/08, 3/25/10, 9/2/13
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