3770:1-2-05. Licensing decisions

(A) Director to comply with Administrative Procedure Act. The director shall comply with sections 3770.02 and 3770.03, as well as sections 119.06 to 119.10 of the Revised Code, and other applicable provisions of the Administrative Procedure Act, in decisions and orders made or adopted in conducting the licensing function.

(B) Licensing hearings. When required to do so by the Administrative Procedure Act, the director shall afford a hearing to a person affected by an order or decision of the director to refuse, suspend or revoke a license, except to the extent that the director is authorized by sections 3770.02 and 3770.03 of the Revised Code to suspend or revoke a license without prior hearing. Such hearings shall be conducted by the director or a hearing officer designated by the director and shall comply with the requirements for adjudication hearings set out in the Administrative Procedure Act. The requirement of the Administrative Procedure Act that adjudication hearings be afforded prior to a final decision by the director to suspend a license may be waived under circumstances such as non-payment of funds owed by a sales agent to the lottery fund, for reasons related to the public safety convenience or trust or which require immediate action. The director, however, must continue to comply with the requirements of the Administrative Procedure Act in affording the sales agent subsequent opportunity for an adjudication hearing.

Five Year Review (FYR) Dates: 6/12/2019 and 01/18/2024
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.01, 3770.02, 3770.03 , 3770.04, 3770.05, 3770.06, 3770.07, 3770.08
Prior Effective Dates: 07/15/1974, 05/27/1993, 12/27/1996, 02/13/2004, 12/25/2014

Prior History: (Effective: 12/25/2014
Five Year Review (FYR) Dates: 09/22/2014 and 10/26/2019
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.01, 3770.02, 3770.03, 3770.04, 3770.05, 3770.06, 3770.07, 3770.08
Prior Effective Dates: 7/15/1974, 5/27/1993, 12/27/1996, 2/13/2004)