Ohio Admin. Code 4501:2-10-03

Current through all regulations passed and filed through November 4, 2024
Section 4501:2-10-03 - Participation in LEADS

[Comment: For dates and availability of material incorporated by reference in this rule, see rule 4501:2-10-13 of the Administrative Code.]

(A) Participation in LEADS and the assignment of a full access or limited access originating agency identifier requires application and documentation the requester meets criteria set forth in the NCIC operating manual - ORI file section.

Access to bureau of motor vehicles records may be granted if the requester is a governmental, noncriminal justice agency, or subunit thereof, created by federal, state or local code, whose mission is to enforce or assist in enforcing federal, state or local laws or ordinances may access Ohio and other state bureau of motor vehicle data as available.

(B) Agencies approved to participate in LEADS shall be granted access subject to the following :
(1) Direct access (entry, inquiry, and message switching capabilities):
(a) A criminal justice agency that qualifies for an ORI.
(b) Entering agencies must must staff twenty-four hours a day, seven days a week, every day of the year or include instructions for after-hour hit confirmation in the miscellaneous field of applicable entries.

(c) Intrastate regional systems under criminal justice management control whose central computer system is staffed twenty-four hours a day, seven days a week, every day of the year or includes instructions for after-hour hit confirmation in the miscellaneous field of applicable entries.

(2) Indirect access:
(a) An agency which qualifies for an ORI may enter into an agreement with LEADS and separately with a terminal agency to receive service.
(b) Agencies authorized to indirectly access LEADS data are certified as such in a database prepared/maintained by LEADS, which is accessible to all terminal agencies.

(C) Agencies participating in LEADS shall meet the following requirements:
(1) Messages and/or throughput of any kind accessed through LEADS shall be restricted to the use of duly authorized law enforcement and/or criminal justice agencies for the administration of criminal justice. Access to and dissemination of LEADS throughput is governed by the CJIS security policy, LEADS manual, NCIC operating manual, III manual, N-DEx policy, NICS policy and Nlets policy.
(2) Direct access to LEADS shall be limited to certified operators. Each operator is accountable for all transactions occurring while their assigned account is logged on to a terminal accessing LEADS.
(3) Remit payment of all monetary obligations as invoiced by the Ohio state highway patrol. The following monthly fees have been established for participation in LEADS and will be reviewed annually by the superintendent or designee.
(a) Direct access is two hundred fifty dollars;
(b) Secure network connectivity is the direct access fee plus three hundred fifty dollars per router;
(c) VPN client-based network connectivity is the direct access fee plus five dollars per computer;
(d) Identity management and multi-factor authentication is five dollars per user;
(e) Indirect access is fifty dollars.
(4) Assume responsibility for, and enforce, system security and integrity.
(5) Adhere to policies and guidelines published in the NCIC operating manual, CJIS security policy, LEADS operating manual, III manual, N-DEx policy, NICS policy, Nlets policy, newsletters, and administrative messages from LEADS, all of which are either available on the LEADS intranet or disseminated to LEADS agencies.

(6) Execute all required agreements and forms. These agreements and forms must be kept current and on file for review and updated as part of the agency audit. The completed agreements and forms will be filed with LEADS and the user agency.
(7) Appoint a LEADS terminal agency coordinator (TAC) and organizational personnel with security responsibilities. Each participating non-terminal agency must have a non-terminal agency coordinator (NTAC). Agencies accessing N-DEx must appoint a N-DEx agency coordinator (NAC).

(8) Train all personnel of the agency having access to LEADS data with the capabilities, services offered and rules of LEADS. Compliance with this rule shall include, but is not limited to, completion of the LEADS provided training.
(9) All records must be kept accurate and up-to-date. Invalid records or data must be removed from the files immediately. Records not validated in accordance with LEADS and NCIC manuals are subject to removal. Failure to properly validate records as required will subject the agency to sanctions.

(10) Enter protection orders and warrants, which meet state or federal firearm prohibition criteria, within seventy-two hours of receipt to ensure all disqualifying records are accessible by the "National Instant Background Check System."

Ohio Admin. Code 4501:2-10-03

Effective: 10/1/2024
Five Year Review (FYR) Dates: 6/27/2024 and 06/01/2029
Promulgated Under: 119.03
Statutory Authority: 5503.10
Rule Amplifies: 5503.10
Prior Effective Dates: 10/10/1991, 03/28/1992, 04/11/1994, 09/29/1994, 10/21/1995, 05/27/1996, 07/31/1998, 07/01/2001, 11/01/2003, 12/23/2004, 02/15/2008, 04/05/2013, 09/25/2018 (Emer.), 01/01/2019