Ohio Admin. Code 5123-5-07 - Investigative agent certification standards
(A)
Purpose
This rule establishes minimum qualifications through certification standards that apply to staff working in investigative agent positions at county boards of developmental disabilities and persons or employees of government entities under contract with a county board of developmental disabilities to provide investigative agent services.
(B)
Definitions
For the purposes of this rule, the following definitions apply:
(1)
"Accredited college or university" means a college or
university accredited by a national or regional association recognized by the
secretary of the United States department of education or a foreign college or
university of comparable standing.
(2)
"Continuing
professional education" means department-approved training required for renewal
of investigative agent certification.
(a)
Training related
to major unusual incidents or investigations, conducted by the department, the
office of the attorney general, the Ohio peace officer training academy, a
public children services agency, the Ohio department of health, the Ohio
department of job and family services, the Ohio department of medicaid, a law
enforcement agency, or an entity with statutory authority to conduct civil or
criminal investigations, will be considered continuing professional
education.
(b)
An investigative agent who develops and conducts
training approved by the department for continuing professional education may
receive double the credit toward renewal of investigative agent certification,
for up to a total of six hours during each year of the effective period of the
certification.
(c)
An investigative agent is not required to, but may,
repeat the foundational investigative agent training as continuing professional
education.
(3)
"County board" means a county board of developmental
disabilities.
(4)
"Department" means the Ohio department of developmental
disabilities.
(5)
"Director" means the director of the Ohio department of
developmental disabilities or that person's designee.
(6)
"Foundational
investigative agent training" means training provided by the department that
includes, but is not limited to:
(a)
Civil and criminal investigatory
practices.
(b)
Rule
5123-17-02 of the Administrative
Code.
(c)
Trauma informed care as the basis for interacting with
individuals with developmental disabilities, families, guardians, direct
support professionals, and others during the course of an
investigation.
(d)
The role of an investigative agent in creating a
culture that fosters trust through open communication, universal
accountability, learning, and fair treatment of all persons
involved.
(7)
"Investigative agent" means a person, regardless of
title, who conducts investigations pursuant to section
5126.313 of the Revised
Code.
(8)
"Major unusual incident" has the same meaning as in
rule 5123-17-02 of the Administrative
Code.
(C)
Description
(1)
The department may issue initial investigative agent
certification for a five-year period to an applicant who meets the following
requirements:
(a)
The applicant is at least eighteen years of
age.
(b)
The applicant holds a high school diploma or
certificate of high school equivalence.
(c)
The
applicant:
(i)
Holds a bachelor's degree or graduate-level degree from an
accredited college or university; or
(ii)
Holds an
associate's degree from an accredited college or university or has achieved at
least junior year standing at an accredited college or university and has
successfully completed two years full-time (or part-time equivalent),
supervised, paid work experience in conducting administrative, civil, and/or
criminal investigations; or
(iii)
Holds an
associate's degree from an accredited college or university or has achieved at
least junior year standing at an accredited college or university and has
successfully completed two years full-time (or part-time equivalent),
supervised, paid work experience in administration, supervision, instruction,
or habilitation of individuals with developmental disabilities;
or
(iv)
Has successfully completed Ohio peace officer basic
training or a comparable program that prepares a person to be a peace officer
or a law enforcement officer and has successfully completed two years full-time
(or part-time equivalent), supervised, paid work experience in conducting
administrative, civil, and/or criminal investigations; or
(v)
Has successfully
completed four years full-time (or part-time equivalent), supervised, paid work
experience in conducting administrative, civil, and/or criminal
investigations.
(d)
The applicant has submitted to the department in the
format prescribed by the department, an application and supporting
documentation sufficient to establish that the requirements set forth in this
rule are met.
(2)
The investigative agent will successfully complete
foundational investigative agent training within the first one hundred eighty
days of employment as an investigative agent. An investigative agent who fails
to successfully complete foundational investigative agent training within the
first one hundred eighty days of employment is ineligible to perform the duties
of an investigative agent until the training has been
completed.
(3)
The department may renew investigative agent
certification for a five-year period for an applicant who has:
(a)
Successfully
completed foundational investigative agent training.
(b)
Successfully
completed fifty hours of continuing professional education subsequent to the
effective date of the preceding investigative agent certification, of which at
least ten hours are related to:
(i)
Conducting investigations; and/or
(ii)
Trauma informed
care as the basis for interacting with individuals with developmental
disabilities, families, guardians, direct support professionals, and others
during the course of an investigation.
(c)
Submitted to the
department in the format prescribed by the department, an application and
supporting documentation sufficient to establish that the requirements set
forth in this rule are met.
(D)
Investigative
agent certifications issued prior to the effective date of this rule
(1)
Investigative
agent certifications issued prior to the effective date of this rule will
remain in effect until their assigned expiration dates.
(2)
A person holding
level one investigative agent certification, level two investigative agent
certification, or professional grade investigative agent certification on the
day immediately prior to the effective date of this rule will be eligible for
five-year investigative agent certification provided:
(a)
The person's
investigative agent certification has not expired.
(b)
The person has
successfully completed foundational investigative agent
training.
(c)
The person has successfully completed:
(i)
The renewal
requirements for the investigative agent certification issued to the person
prior to the effective date of this rule; or
(ii)
Fifty hours of
continuing professional education subsequent to the effective date of the
investigative agent certification issued to the person prior to the effective
date of this rule, of which at least ten hours are related to:
(a)
Conducting
investigations; and/or
(b)
Trauma informed care as the basis for interacting with
individuals with developmental disabilities, families, guardians, direct
support professionals, and others during the course of an
investigation.
(d)
The person has
submitted to the department in the format prescribed by the department, an
application and supporting documentation sufficient to establish that the
requirements set forth in this rule are met.
(3)
Investigative
agent certifications issued prior to the effective date of this rule that have
expired will not be renewed; applicants will be required to meet the
requirements for five-year investigative agent certification in accordance with
paragraph (C) of this rule.
(E)
Renewal of
expired investigative agent certifications issued on or after the effective
date of this rule
(1)
Investigative agent certifications issued on or after
the effective date of this rule which have been expired for less than one year
may be renewed upon completion of all renewal requirements of the expired
certification.
(2)
Investigative agent certifications issued on or after
the effective date of this rule which have been expired for one or more years
may be renewed upon completion of all renewal requirements of the expired
certification and completion of fifteen additional hours of continuing
professional education.
(F)
Administrative
review
An applicant for investigative agent certification whose application is disapproved based upon the applicant's failure to meet the requirements set forth in this rule, may request in writing, within thirty calendar days of the rejection, an administrative review by the director.
(G)
Standards of conduct
(1)
An investigative
agent will, during the course of an investigation, act in a professional manner
and treat all parties involved, including individuals with developmental
disabilities, families, guardians, direct support professionals, and others,
with courtesy and respect.
(2)
A superintendent
of a county board or an executive director of a regional council of governments
formed pursuant to section
5126.13 of the Revised Code by
two or more county boards will notify the department in writing within
seventy-two hours of becoming aware that a holder of or applicant for
investigative agent certification:
(a)
Is guilty of serious intemperate, immoral, or conduct
unbecoming to the investigative agent position or serious incompetence or
negligence within the scope of investigative agent duties;
(b)
Has been
convicted of, pleaded guilty to, or been found eligible for intervention in
lieu of conviction for any of the disqualifying offenses listed or described in
paragraphs (E)(1)(a) to (E)(1)(d) of rule
5123-2-02 of the Administrative
Code; or
(c)
Has been included in one or more of the databases
described in paragraphs (C)(2)(a) to (C)(2)(g) of rule
5123-2-02 of the Administrative
Code.
(H)
Denial, suspension, or revocation
(1)
The director will
deny, suspend, or revoke investigative agent certification if the director
finds, pursuant to an adjudication conducted in accordance with Chapter 119. of
the Revised Code, that the applicant for or holder of investigative agent
certification has engaged in an immoral act, incompetence, negligence, or
conduct that is unbecoming to the applicant's or holder's
position.
(2)
Except as provided in paragraph (H)(3) of this rule,
the director will deny or revoke investigative agent certification if the
director finds, pursuant to an adjudication conducted in accordance with
Chapter 119. of the Revised Code, that the applicant for or holder of
investigative agent certification:
(a)
Has been convicted of, pleaded guilty to, or been found
eligible for intervention in lieu of conviction for any of the disqualifying
offenses listed or described in paragraph (E)(1)(a) of rule
5123-2-02 of the Administrative
Code;
(b)
Has been convicted of, pleaded guilty to, or been found
eligible for intervention in lieu of conviction for any of the disqualifying
offenses listed or described in paragraph (E)(1)(b) of rule
5123-2-02 of the Administrative
Code if a period of ten years has not elapsed from the date the applicant or
holder was fully discharged from imprisonment, probation, and
parole;
(c)
Has been convicted of, pleaded guilty to, or been found
eligible for intervention in lieu of conviction for any of the disqualifying
offenses listed or described in paragraph (E)(1)(c) of rule
5123-2-02 of the Administrative
Code if a period of seven years has not elapsed from the date the applicant or
holder was fully discharged from imprisonment, probation, and
parole;
(d)
Has been convicted of, pleaded guilty to, or been found
eligible for intervention in lieu of conviction for any of the disqualifying
offenses listed or described in paragraph (E)(1)(d) of rule
5123-2-02 of the Administrative
Code if a period of five years has not elapsed from the date the applicant or
holder was fully discharged from imprisonment, probation, and
parole;
(e)
Has been convicted of, pleaded guilty to, or been found
eligible for intervention in lieu of conviction for multiple disqualifying
offenses if the applicable period of time in accordance with paragraph (E)(2)
of rule 5123-2-02 of the Administrative
Code has not elapsed from the date the applicant or holder was fully discharged
from imprisonment, probation, and parole; or
(f)
Has been included
in one or more of the databases described in paragraphs (C)(2)(a) to (C)(2)(f)
of rule 5123-2-02 of the Administrative
Code.
(3)
A conviction of or plea of guilty to a disqualifying
offense listed or described in paragraphs (E)(1)(a) to (E)(1)(d) of rule
5123-2-02 of the Administrative
Code will not constitute grounds for the denial or revocation of investigative
agent certification if the requirements contained in paragraph (F) of rule
5123-2-02 of the Administrative
Code are met.
(4)
An applicant for or holder of investigative agent
certification must disclose a conviction that has been sealed.
Replaces: 5123-5-07
Notes
Promulgated Under: 119.03
Statutory Authority: 5123.04, 5126.25
Rule Amplifies: 5123.04, 5123.081, 5126.221, 5126.25
Prior Effective Dates: 03/21/2002, 07/23/2012, 07/04/2013, 07/25/2019
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