4734-4-14. Requesting adjudication hearing; timing of hearing; notification of hearing; requirements for filing; calculation of time; transcripts

(A) Requesting adjudication hearing: In order to request a hearing under Chapter 119. of the Revised Code, a respondent or his or her representative must, in accordance with paragraph (C) of this rule, file in writing a statement requesting such adjudication hearing. Such request must be received in the board office within thirty days of the date of mailing of the board's notice of opportunity for hearing. The date of mailing shall be the date appearing on the certified mail receipt.

(B) Timing of adjudication hearing: A respondent or his or her representative properly filing a request for an adjudication hearing shall be entitled to such adjudication hearing within fifteen days but not sooner than seven days after such request has been filed unless both representatives agree otherwise or a continuance is granted pursuant to section 119.09 of the Revised Code and this chapter. Written notice specifying the date, time and place set for hearing shall be mailed by certified mail or served in accordance with section 4734.48 of the Revised Code, to the respondent's representatives as identified pursuant to this chapter.

(C) Requirements for filing: A document is filed when it is received and date stamped in the offices of the state chiropractic board during normal business hours. The burden of ensuring that the document(s) is properly filed is borne by the party filing the document(s).

(D) Calculation of time: The date of occurrence of the event causing time to run is not counted in the computation of any time limit under this chapter. The last day of the period is included in the computation of the time limit. If the last day of a period is not a regular business day, the time period runs through the end of the next regularly scheduled business day. The board or its hearing officer or presiding board member may extend the time for filing or responding to motions and briefs. Requests for extension of time shall be made in writing and filed as provided in this rule prior to the expiration of any applicable time limit. Requests for extension of time shall be served as provided in this chapter.

(E) Hearing transcripts: Duplicate transcripts of the stenographic record taken of hearings may be obtained directly from the court reporter at the requestor's expense before or after receipt of the original transcript by the board. Upon request made to the board, a copy of the original hearing transcripts may be reviewed at the board office. Copies may be prepared at the requestor's expense. Original transcripts shall not be removed from the board office.

Five Year Review (FYR) Dates: 06/30/2017 and 06/30/2022
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 119, 4734.45
Prior Effective Dates: 8/12/02

Prior History: (R.C. 119.032 review dates: 08/27/2012 and 08/27/2017
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: ORC 119, 4734.31, 4734.45, 4734.46, 4734.47, 4734.48
Prior Effective Dates: 8/12/02 )