742-3-30. Agents standard of conduct

(A) All attorneys, agents and representatives of an OP& F member shall abide by the following standards of conduct while representing the member in any dealings with OP& F:

(1) Provide competent representation to a member, which requires the knowledge, skill, thoroughness and preparation reasonably necessary for the representation. This also includes being, or becoming, familiar with OP& F's governing statutes, administrative rules and procedures;

(2) Abide by OP& F's governing provisions and procedures at all times;

(3) Conduct his or her dealings in an ethical manner that furthers the efficient, fair and orderly conduct of the administrative decision-making process. This includes acting with reasonable diligence and promptness in representing a member and providing prompt and responsive answers to requests from OP& F for any relevant information or documentation;

(4) Be forthright in his or her dealings with OP& F and with the member; and

(5) Otherwise act in a manner that is consistent with OP& F's core values, which includes acting with prudence, integrity and empathy.

(B) All attorneys, agents and representatives of an OP& F member shall not do any of the following while representing the member in any dealings with OP& F:

(1) In any manner or by any means threaten, coerce, intimidate, deceive or knowlingly mislead any member or beneficiary regarding benefits or other rights;

(2) Knowingly make or present any misleading oral or written statements, assertions or representations about a material fact or provision of law concerning any matter;

(3) Through his or her own actions or omissions, unreasonably delay or cause to be delayed any benefit process;

(4) Divulge, without the member's written consent, any information from the member's personal history record;

(5) Attempt to influence, directly or indirectly, the outcome of a decision, determination or other administrative action by offering a loan, gift or anything of value to a board member or employee of OP& F; and

(6) Engage in actions or behavior prejudicial to the fair and orderly conduct of administrative proceedings, including, but not limited to, threatening or intimidating language, gestures or actions.

(C) All attorneys, agents and representatives of an OP& F member shall be required to sign a letter of engagement on a form provided by OP& F in which they acknowledge the provisions of this rule and agree to abide by such standards when representing an OP& F member in any dealings with OP& F. Any attorney, agent or representative of an OP& F member who fails to sign the letter of engagement or violates any provision of this rule shall not be permitted to practice or represent parties before OP& F's board of trustees.

Five Year Review (FYR) Dates: 9/7/2018 and 09/07/2023
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.41, 742.10
Prior Effective Dates: 09/19/2008 (Emer.), 12/04/2008

Prior History: (R.C. 119.032 review dates: 10/29/2013 and 10/29/2018
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.10, 742.41
Prior Effective Dates: 12/04/2008)