(A)For the
purposes of division (B)(3)(c)(v) of section 4141.01 of the Revised Code, an
individual is deemed to be in a "major nontenured policymaking or advisory
position" when the following factors are met:
(1)The individual
serves:
(a)In a position
designated under section 121.03 or 121.05 of the Revised Code; or
(b)As a member of
the board or commission to which the individual was appointed by the governor
subject to the advice and consent of the senate;
(2)The individual
is not in the classified service of the state.
(B)Only
individuals meeting all of the factors in this rule may be determined to be in
a "major nontenured policymaking or advisory position." If the
director determines that all of the factors in this rule have not been met,
then the individual shall be determined to be in employment for purposes of
Chapter 4141. of the Revised Code.
Five Year Review (FYR) Dates: 1/13/2023 and 01/13/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 01/13/2023
Promulgated Under: 119.03
Statutory Authority: 4141.13
Rule Amplifies: 4141.01(B)(3)(c)(v)
Prior Effective Dates: 06/01/1994, 01/15/2001, 12/28/2017