4101:16-4-04 Adjudication hearings.

 

 

 

4101:16-4-04               Adjudication hearings.

 

 

The appropriate specialty section shall determine the need for adjudication hearings in accordance with sections 119.06 to 119.13 of the Ohio Revised Code.

 

(A)   Prior to the denial, revocation, or suspension of a license issued pursuant to Chapter 4740. of the Ohio Revised Code, the appropriate specialty section shall notify the licensee or applicant or license holder of their that individual's right to request a hearing on the proposed action. The notice shall be in writing and sent by registeredcertified mail, return receipt requested.

 

(B)  The notice of proposed section action shall include:

 

(1)   The charges or reasons for the proposed action.;

 

(2)   The applicable laws or rules directly involved.; and

 

(3)   A statement informing the license holderlicensee or applicant that:

 

(a)   The license holderlicensee or applicant is entitled to a hearing if requested within thirty days of the date the notice was mailed.;

 

(b)     The license holderlicensee or applicant may appear in person or be represented by an attorney.;

 

(c)     The license holderlicensee or applicant may choose to present their position, argument, or contentions in writing.; and

 

(d)     The license holderlicensee or applicant may present evidence, and examine witnesses appearing on the licensee or applicant's behalf and cross-examine the appropriate specialty section's witnesses at the hearing.

 

(C)    Upon receiving a written request for hearing from the license holderlicensee or applicant, the section shall immediately set the date, time, and location of the hearing. The date set for hearing shall be within seven and fifteen days of receiving the request for hearing, unless otherwise agreed to by both parties.

 

(D)The appropriate specialty section or the secretary of the board may issue subpoenas for any witnesses or to compel the production of any books, records, or papers in accordance with section 119.09 of the Ohio Revised Code upon request of the licensee, applicant, a member of the board, or legal counsel to the board. Such request for subpoenas shall be made no later than fourteen days prior to the date of

 

 

 

the adjudication hearing. The service and enforcement of subpoenas shall be made in accordance with section 119.09 of the Ohio Revised Code.

(D)(E) The appropriate specialty section may continue the date of an adjudication hearing on its own motion.

(E)(F) All adjudication hearings shall be conducted in accordance with the procedures described in section 119.09 of the Ohio Revised Code.

(F)(G) Following an adjudication hearing in which an order to revoke, suspend or deny a license is entered in the appropriate specialty section's records, the appropriate specialty section shall notify the administrative section of this action. The administrative section shall serve upon the affected individual the order of the appropriate specialty section. The order shall include notification to the adversely affected individual of the right to appeal the decision of the section to the court of common pleas as provided in section 119.12 of the Ohio Revised Code. The notice of the order shall be served by certified mail, return receipt requested.

Replaces:                                 former 4101:16-2-06 in part

Effective:                                02/09/2004 R.C. 119.032 review dates:                           06/19/2006

CERTIFIED ELECTRONICALLY

Certification

01/30/2004

Date

Promulgated Under:   119.03

Statutory Authority:   4740.05

Rule Amplifies:           4740.04, 4740.05, 4740.10

Prior Effective Dates: 3/24/03