(B) The department shall do both of the following:

1. (1) Investigate the allegation or adopt the findings of an investigation or review of the allegation conducted by another person or government entity and determine whether there is a reasonable basis for the allegation;
2. (2) If the department determines that there is a reasonable basis for the allegation, conduct an adjudication pursuant to Chapter 119. of the Revised Code.

(C)

1. (1) The department shall appoint an independent hearing officer to conduct any hearing conducted pursuant to division (B)(2) of this section, except that, if the hearing is regarding an employee of the department who is represented by a union, the department and a representative of the union shall jointly select the hearing officer.

2. (2)

   1. (a) Except as provided in division (C)(2)(b) of this section, no hearing shall be conducted under division (B)(2) of this section until any criminal proceeding or collective bargaining arbitration concerning the same allegation has concluded.

   2. (b) The department may conduct a hearing pursuant to division (B)(2) of this section before a criminal proceeding concerning the same allegation is concluded if both of the following are the case:

      1. (i) The department notifies the prosecutor responsible for the criminal proceeding that the department proposes to conduct a hearing.
      2. (ii) The prosecutor consents to the hearing.

3. (3) In conducting a hearing pursuant to division (B)(2) of this section, the hearing officer shall do all of the following:

   1. (a) Determine whether there is clear and convincing evidence that the developmental disabilities employee has done any of the following:

      1. (i) Misappropriated property of one or more individuals with developmental disabilities that has a value, either separately or taken together, of one hundred dollars or more;
      2. (ii) Misappropriated property of an individual with a developmental disability that is designed to be used as a check, draft, negotiable instrument, credit card, charge card, or device for initiating an electronic fund transfer at a point of sale terminal, automated teller machine, or cash dispensing machine;
      3. (iii) Misappropriated prescribed medication of an individual with a developmental disability;
      4. (iv) Knowingly abused such an individual;
      5. (v) Recklessly abused or neglected such an individual, with resulting physical harm;
      6. (vi) Negligently abused or neglected such an individual, with resulting serious physical harm;
      7. (vii) Recklessly neglected such an individual, creating a substantial risk of serious physical harm;
      8. (viii) Engaged in sexual conduct or had sexual contact with an individual with a developmental disability who was not the developmental disabilities employee's spouse and for whom the developmental disabilities employee was employed or under a contract to provide care;
      9. (ix) Unreasonably failed to make a report pursuant to division (C) of section 5123.61 of the Revised Code when the employee knew or should have known that the failure would result in a substantial risk of harm to an individual with a developmental disability;
      10. (x) Been convicted of or entered a plea of guilty to any of the following if the victim of the offense is an individual with a developmental disability: an offense of violence, a violation of a section contained in Chapter 2907. or Chapter 2913. of the Revised Code, or a violation of section 2903.16, 2903.34, 2903.341, or 2919.22 of the Revised Code.
   2. (b) Give weight to the decision in any collective bargaining arbitration regarding the same allegation;
   3. (c) Give weight to any relevant facts presented at the hearing.

(D)

1. (1) Unless the director of developmental disabilities determines that there are extenuating circumstances and except as provided in division (E) of this section, if the director, after considering all of the factors listed in division (C)(3) of this section, finds that there is clear and convincing evidence that a developmental disabilities employee has done one or more of the things described in division (C)(3)(a) of this section the director shall include the name of the employee in the registry established under section 5123.52 of the Revised Code.
2. (2) Extenuating circumstances the director must consider include the use of physical force by a developmental disabilities employee that was necessary as self-defense.
3. (3) If the director includes a developmental disabilities employee in the registry established under section 5123.52 of the Revised Code, the director shall notify the employee, the person or government entity that employs or contracts with the employee, the individual with a developmental disability who was the subject of the report and that individual's legal guardian, if any, the attorney general, and the prosecuting attorney or other law enforcement agency. If the developmental disabilities employee holds a license, certificate, registration, or other authorization to engage in a profession issued pursuant to Title XLVII of the Revised Code, the director shall notify the appropriate agency, board, department, or other entity responsible for regulating the employee's professional practice.
4. (4) If an individual whose name appears on the registry is involved in a court proceeding or arbitration arising from the same facts as the allegation resulting in the individual's placement on the registry, the disposition of the proceeding or arbitration shall be noted in the registry next to the individual's name.