4775-3-08. Board approval, modification, or disapproval of referee's or examiner's findings and recommendation

(A) No recommendation of the referee or examiner may be approved, modified, or disapproved by the agency until after ten days after service of such report and recommendation upon the registrant. The recommendation of the referee or examiner may be approved, modified, or disapproved by the board, and the order of the board based on such report, recommendation, transcript of testimony and evidence, or objections of the parties, and additional testimony and evidence shall have the same effect as if such hearing had been conducted by the board.

(B) No such recommendation shall be final until confirmed and approved by the board as indicated by the order entered on its record of proceedings, and if the board modifies or disapproves the recommendation of the referee or examiner it shall include in the record or its proceedings the reasons for such modification or disapproval.

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: 01/21/99, 12/2/05, 2/20/11.

Prior History: (Effective: 02/20/2011
R.C. 119.032 review dates: 11/15/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.09
Prior Effective Dates: 1/21/99, 12/2/05)