Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-3 - Adult Parole Authority Licensed Facilities › Section 5120:1-3-02 - Licensing requirements for a halfway house or community residential center as a licensed facility

Current through all regulations passed and filed through July 1, 2024
(A) The division of parole and community
			 services is charged with the inspection, supervision and
			 licensing of halfway houses or other licensed
			 facilities.
(B) The division of
			 parole and community services conducts annual on- site inspections
			 of halfway houses or other licensed facilities under
			 contract with the division for the purpose of conducting an audit or site
			 inspection of the facility. Such audits or site inspection
			 are
			 scheduled in advance with written notice to the person in charge of the halfway
			 house or other licensed facility
								.
(C) During the inspection, auditors employed
			 by the division of parole and community services shall have full access to all
			 areas of a halfway house or other licensed facility and to all
			 records, including electronically stored record or data, relating to the
			 operation of the facility, including offender files.
(D) The auditors employed by the division of
			 parole and community services 
			 ascertain compliance with performance based and/or
			 program specific standards
								.
(1) Within forty-five
			 calendar days after an audit or a site inspection,
									 the division
			 of parole and community services will prepare a written report of the results
									that describes and
			 include a summary of any findings of noncompliance. The report
			 will be
			 sent to the person in charge of the halfway house or other licensed facility
									.
(2) In addition to the appeal rights granted
			 under section 119.12 of the Revised Code, the
			 division of parole and community services will allow licensed halfway house and
			 community residential center managers to administratively appeal adverse
			 decisions regarding licensure of the halfway house or other licensed facility
									. The appeal procedure
			 
									is
			 as follows:
(a)
										
										The licensed facility will be
			 provided with a written report detailing the particulars of such failures
			 or deficiencies
(b) The licensed facility has the right
			 to an administrative appeal
										 during the
			 forty-five calendar day period following
			 receipt
			 of the written report, at which time evidence can be submitted to rebut,
			 clarify, or correct particulars detailed in the written
			 report.
(c) The
			 division of parole and community services 
										requires the licensed facility
			 to correct these deficiencies within forty-five
			 calendar days from notification or to submit an acceptable plan and
			 timetable to remedy these areas.
(3) An appeal of an adverse decision
			  pursuant to paragraph
			 (D)(2) of this rule 
									does not affect the authority of the division of
			 parole and community services to terminate a contract with a facility at any
			 time pursuant to the terms of the contract.
(4) The scope of the administrative appeal
			 authorized under paragraph (D)(2) of this rule is limited to reviewing an
			 adverse decision on licensure and does not include challenging a decision by
			 the division of parole and community services to terminate a contract with a
			 licensed facility pursuant to the contract's terms or any other
			 purpose.