3745-47-17. Record

(A) After the initiation of an adjudication proceeding, a record of the adjudication proceeding shall be maintained at the expense of the agency. Such record shall include the following pertaining to the adjudication proceeding:

(1) The adjudication file.

(2) Any stenographic record.

(3) Offers of proof.

(4) Stipulations.

(5) Written motions.

(6) Exhibits.

(7) Requests.

(8) Objections.

(9) Answers.

(10) Comments submitted on the proposed action.

(11) Written statements.

(12) Correspondence.

(13) Briefs.

(14) A copy of the proposed action.

(15) Copies of public notices.

(16) The fact sheet, where the agency is required to prepare one.

(17) The report and recommendation of the hearing examiner.

(18) The record of a public meeting.

(19) Any comments submitted pursuant to paragraph (D) of rule 3745-49-05 of the Administrative Code.

(20) The report of the presiding officer if a public meeting was held, and written orders or rulings of the hearing examiner.

(21) Any further documentary evidence and additional testimony, if any, permitted by the director, pursuant to paragraph (D) of rule 3745-47-16 of the Administrative Code, after the filing of the hearing examiner's report and recommendation.

(B) The record shall be the exclusive basis for decision by the director in an adjudication proceeding.

(C) The director's decision pertaining to the adjudication proceeding shall be added to the record.

Replaces: Part of 3745-47-25 and 3745-47-26

Five Year Review (FYR) Dates: 10/2/2018 and 10/02/2023
Promulgated Under: 119.03
Statutory Authority: 3745.01, 3734.74, 3734.73, 3734.72, 3734.71, 3734.70, 3734.12, 3734.021, 3734.02 , 3714.02, 3704.03, 3753.02, 6111.041, 6111.03, 6109.04, 3752.03, 3751.02, 3746.04
Rule Amplifies: 3745.07, 119.09, 119.08, 119.07, 119.06
Prior Effective Dates: 07/05/1973, 04/26/1976, 06/30/1981, 04/02/2012

Prior History: (Effective: 04/02/2012
R.C. 119.032 review dates: 04/02/2017
Promulgated Under: 119.03
Statutory Authority: 3704.03, 3714.02, 3734.02, 3734.021, 3734.12, 3734.70, 3734.71, 3734.72, 3734.73, 3734.74, 3745.01, 3746.04, 3751.02, 3752.03, 3753.02, 6109.04, 6111.03, 6111.041
Rule Amplifies: 119.06, 119.07, 119.08, 119.09, 3745.07
Prior Effective Dates: 07/05/73, 4/26/76, 06/30/81 )