901:3-4-17(C) State survey procedures for program evaluation

The director will survey the retail food establishment program in accordance with the survey methodology and determine whether the licensor is qualified to administer and enforce Chapter 3717. of the Revised Code, this chapter and Chapter 3717-1 of the Administrative Code. The licensor will be classified as provisional if any subparagraph of paragraph (C)(1), (C)(2), or (C)(3) of this rule is identified as "needs improvement" during the current survey. The licensor will be classified as provisional if all subparagraphs of paragraph (C)(4) of this rule are identified as "needs improvement" during the current survey.

(1)

Fee setting:

(a)

Licensing fees exceed the maximum calculated fee; or

(b)

Licensing categories do not comply with rule 901:3-4-03 of the Administrative Code; or

(c)

Licensor charges licensing fees that have been disapproved.

(2)

Licensing:

(a)

Licensor charges additional fees to retail foods establishments not specified in paragraph (C) of rule 901:3-4-03 of the Administrative Code; or

(b)

Licensor does not remit state fees to the director as specified in division (C)(2) of section 3717.25 of the Revised Code and paragraph (E) of rule 901:3-4-02 of the Administrative Code.

(3)

Inspections:

(a)

Inspections are not conducted at the frequency specified in rule 901:3-4-06 of the Administrative Code; or

(b)

Inspections are not conducted by a registered environmental health specialist or environmental health specialist in training.

(4)

Program administration:

(a)

Less than fifty per cent of the registered environmental health specialist or environmental health specialist in training pass the written assessment or electronic assessment; and

(b)

The licensor does not administer and enforce Chapter 3717. of the Revised Code, this chapter and Chapter 3717-1 of the Administrative Code; and

(c)

The licensor does not train and evaluate its food program staff.