5101:12-55-26 Suspension and reinstatement of license to practice law.

 

 

 

PUBLIC HEARING NOTICE

OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

 

DATE:           12/31/2007

TIME:              10:00 a.m.

LOCATION: Room 3110 B, Rhodes State Office Tower, 30 East Broad St., Columbus, Ohio 43215

 

Pursuant to sections 3123.63, 3125.03, and 3125.25 and Chapter 119. of the Ohio Revised Code, the director of the Ohio Department of Job and Family Services gives notice of the department's intent to consider the rescission and adoption of the rules as identified below and of a public hearing thereon.

 

The following Ohio Administrative Code (OAC) rules are being proposed for rescission as a result of a review conducted in accordance with section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period:

 

·         Rule 5101:12-10-40.1, "Program income," describes what is considered IV-D program income and that IV-D program income must be reported by the child support  enforcement agency (CSEA) on the JFS 02750, "Child Support Administrative Fund Monthly Financial Statement." This rule is being proposed for rescission and replaced by a new rule 5101:12-1-53 so that the rule will be located in the appropriate Chapter of the OAC.

 

·         Rule 5101:12-55-25, "License suspension," describes the types of licenses that are subject to suspension, refusal, or denial to renew; the requirements and process by which the license can be suspended, refused, or denied renewal; and the process to reinstate the license.  This rule is being proposed for rescission and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added.

 

·         Rule 5101:12-55-26, "Suspension of license to practice law," describes the requirements and process to suspend a license to practice law in Ohio and the process to reinstate the license.  This rule is being proposed for rescission and replaced by a new rule with the same rule number and title because more than fifty percent of this rule is being stricken and a comparable amo unt of new text is being added.

 

 

The following OAC rules are being proposed for adoption to replace rules rescinded as a result of a review conducted in accordance with Section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period:

 

·         Rule 5101:12-1-53, "Program income," describes what is considered IV-D program income and that IV-D program income must be reported by the CSEA on the JFS 02750, "Child Support Administrative Fund Monthly Financial Statement."  Changes from the rescinded rule include:  changed the rule number from 5101:12-10-40.1 so that the rule

 

 

 

 

 

would be located in the appropriate Chapter of the OAC; added the revision date of the JFS 02750 in paragraph (C); and changed "non-OWF" to "IV-D" in paragraph (D)(4).

·         Rule 5101:12-55-25, "License suspension," describes the types of licenses that are  subject to suspension, refusal, or denial to renew; the requirements and process by which the license can be suspended, refused, or denied renewal; and the process to reinstate the license.  This rule replaces existing rule 5101:12-55-25. Changes from the rescinded rule include:  deleted references to actions completed by the licensing entity; clarified that the CSEA may not suspend a recreational license until the Department of Natural Resources has implemented a computer system; in paragraph (E) clarified that the CSEA may use the JFS 07229, JFS 07232, or create its own notice; added language in paragraph (G) regarding reinstating the license via the JFS 04038 when the license has been suspended by mistake; and added new paragraph (H) to require the CSEA to have written procedures of the license suspension process and to maintain a copy if the CSEA creates the form referenced in paragraph (E).

·         Rule 5101:12-55-26, "Suspension of license to practice law," describes the requirements and process to suspend a license to practice law in Ohio and the process to reinstate the license.  This rule replaces existing rule 5101:12-55-26.  Changes from the rescinded rule include:  deleted references to actions completed by the Supreme Court; added provisions to reinstate the license when it has been suspended by mistake or when the obligor is no longer in default; and added a new paragraph (E) to require the CSEA to have written procedures of the license suspension process and to maintain a copy if it creates the form referenced in paragraph (B).

Copies of the proposed rules are available, without charge, to any person affected by the rules at the address listed below.  The rules are also available on the internet at http://www.registerofohio.state.oh.us/.

A public hearing on the proposed rules will be held at the date, time, and location listed at the top of this notice.  Either written or oral testimony will be taken at the public hearing.  Additionally, written comments submitted or postmarked no later than the date of the public hearing will be treated as testimony.

Requests for a copy of the proposed rules or comments on the rules should be submitted by mail to the Ohio Department of Job and Family Services, Office of Legal Services, 30 East Broad Street, 31st Floor, Columbus, Ohio 43215-3414, by fax at [phone], or by e- mail at [e-mail].