Ohio Administrative Code › Title 5902 - Governor's Office of Veterans' Affairs › Chapter 5902-1 - Requirements for Service Commissioners and Officers › Section 5902-1-09 - Revocation of certification of county veterans service officers

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 officer for purpose of
			 determining whether such officer'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 service officer should be revoked and shall issue a report
			 of that determination. Copies of the report shall be sent to the service
			 officer who was the subject of the investigation and to the veterans service
			 commission of the county where the service officer serves.
(D) If the director's report indicates that
			 the grounds are insufficient to warrant the revocation of the service officer'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 service officer's
			 certification, the report shall notify the service officer 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 service officers,
			 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 officer. If the chairperson cannot, for any
			 reason, fill the three positions on the subcommittee with advisory committee
			 members who are also county veteran service officers, they
								 shall
			 contact the state association of county veterans service officers 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 service officer'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 officer'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 veterans service commission of the county where the veterans
			 service officer serves and to the United States department of veterans affairs
			 as soon as practical.