3301-73-05. Notice for opportunity for hearing; failure to request

(A) The superintendent shall determine if the results of an investigation warrant initiating an action to limit, suspend, revoke or deny a license.

(B) If the results of an investigation warrant initiating an action, the superintendent shall give notice of an opportunity for a hearing in accordance with sections 119.01 to 119.13 of the Revised Code. Nothing in this provision shall prohibit the superintendent from amending the notice for the proposed action.

(C) The notice shall also inform the respondent that if he/she fails within thirty calendar days to request a hearing in accordance with section 119.07 of the Revised Code, or fails to appear at a scheduled hearing, the state board may suspend, limit, deny or revoke, as applicable, any licenses held or applied for without holding an administrative hearing.

(D) Should the respondent fail to properly request a hearing in accordance with section 119.07 of the Revised Code, that respondent shall be deemed to have waived his or her right to participate in any and all proceedings in front of a hearing officer should an administrative hearing take place.

Five Year Review (FYR) Dates: 10/11/2018 and 10/11/2023
Promulgated Under: 119.03
Statutory Authority: 3319.311, 3319.31 , 3301.07
Rule Amplifies: 3319.311
Prior Effective Dates: 09/25/2004, 05/23/2009, 03/27/2014

Prior History: (Effective: 03/27/2014
R.C. 119.032 review dates: 01/07/2014 and 12/23/2018
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3319.31, 3319.311
Rule Amplifies: 3319.311
Prior Effective Dates: 9/25/04, 5/23/2009)