Ohio Administrative Code › Title 5902 - Governor's Office of Veterans' Affairs › Chapter 5902-1 - Requirements for Service Commissioners and Officers › Section 5902-1-08 - Revocation of certification of county veterans service commissioners

Current through all regulations passed and filed through July 1, 2024
(A) The director of
			 the department of veterans services, at their
								 discretion, shall promptly
			 investigate allegations of incompetence, misfeasance, malfeasance, nonfeasance,
			 and unethical behavior on the part of a veterans service commissioner for
			 purposes of determining whether such commissioner's certification shall be
			 revoked.
(B) Such investigation may
			 be performed by the director personally or such other individual as the
			 director may designate.
(C) At the
			 conclusion of the investigation, the director shall make a determination as to
			 whether the certification of the commissioner should be revoked and shall issue
			 a report of that determination. Copies of the report shall be sent to the
			 commissioner who was the subject of the investigation and to the administrative
			 judge of the common pleas court of the county where the commissioner
			 serves.
(D) If the director's
			 report indicates that the grounds are insufficient to warrant the revocation of
			 the commissioner's certification, the report may also include other findings
			 and recommendations the director may deem appropriate.
(E) If the director's report indicates that
			 the grounds are sufficient to warrant the revocation of the commissioner's
			 certification, the report shall notify the commissioner who was the subject of
			 the investigation that they
								 may appeal such determination to the
			 veterans advisory committee within thirty days of the issuance of the
			 report.
(F) In the case of a timely
			 appeal to the veterans advisory committee, the committee chairperson shall
			 appoint a subcommittee of three committee members, all of whom shall be
			 representatives of the state association of county veterans services
			 commissioners, to hear the appeal, except that if any of the three
			 representatives are from the same county as the individual filing the appeal,
			 the chairperson shall appoint a substitute advisory committee member to the
			 subcommittee who also serves as a county veterans service commissioner. If the
			 chairperson cannot, for any reason, fill the three positions on the
			 subcommittee with advisory committee members who are also county veteran
			 service commissioners, they
								 shall contact the state association
			 of county veterans service commissioners for the purpose of the temporary
			 appointment of one or more association members to the advisory committee for
			 the limited purpose of serving on the appeal subcommittee. The subcommittee
			 shall conduct a hearing and shall make a report and recommendation to the full
			 committee at the next scheduled meeting. The veterans advisory committee shall
			 then vote, by a simple majority of those in attendance at the meeting, either
			 to affirm the director's decision to revoke the commissioner's certification or
			 to overrule the director's determination. If the advisory committee votes to
			 overrule the director's determination, the certification shall not be
			 revoked.
(G) If the director's
			 determination that a county veterans service commissioner's certification shall
			 be revoked is not appealed to the advisory committee, or if appealed, the
			 director's determination is affirmed by the advisory committee, such
			 determination shall be reported to the administrative judge of the common pleas
			 court of the county where the veterans service commissioner serves and to the
			 United States department of veterans affairs as soon as practical.