4775-3-07. Hearing procedure

In all hearings before the board, the procedure shall be as follows:

(A) The board or it's referee or examiner may request or permit the filing of briefs and attached exhibits.

(B) The attorney general concisely may state his/her case, and may briefly state his/her evidence to sustain it.

(C) The registration applicant or his/her attorney, may then briefly state his/her case, and briefly may state his/her evidence in support of it.

(D) The attorney general first must produce and submit his/her evidence, and the registration applicant or his/her attorney must then produce and submit his/her evidence.

(E) The attorney general may offer evidence in rebuttal.

(F) The board or its appointed referee or examiner may hear arguments.

(G) The attorney general and the applicant or his/her attorney may produce, examine, cross-examine, and take testimony from witnesses. Witnesses may also be produced, examined, and testimony taken from to rebut the testimony of other witnesses.

(H) The attorney general and the applicant or his/her attorney may present closing or summary arguments.

(I) The board, if presiding at a hearing, shall then retire to weigh and consider the evidence and shall timely deliver a decision to the applicant. If, in its discretion, the board has appointed a referee or examiner to preside at the hearing, the appointed representative shall then retire to weigh and consider the evidence presented and shall prepare a report and recommendation(s) to be timely delivered to the board for its consideration.

Five Year Review (FYR) Dates: 01/12/2016 and 01/12/2021
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.03
Prior Effective Dates: 12/2/05, 01/10/11.

Prior History: (Effective: 01/10/2011
R.C. 119.032 review dates: 10/05/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.09
Prior Effective Dates: 12/02/2005 )