4906-9-01 Enforcement investigations by the board.

 

 

 

TO BE RESCINDED

 

4906-9-01                    Enforcement investigations by the board.

 

 

 

(A)   Upon finding reasonable grounds, the board shall initiate a proceeding to investigate an alleged violation of section 4906.98 of the Revised Code.

 

(B)   The board shall conduct a violation proceeding under sections 4906.97 and 4906.98 of the Revised Code, and in accordance with Chapter 4906-7 of the Administrative Code to the extent not inconsistent with section 4906.97 of the Revised Code.

 

(C)   While an alleged violation of section 4906.98 of the Revised Code is under board investigation, the board or its chairperson or designee may order the suspension of the involved activity. A suspension order may be terminated by the board or its chairperson or designee at any time during the board's investigation of the alleged violation.

 

(D)  Unless otherwise ordered by the board or an administrative law judge, the staff of the board shall file with the board, and serve upon the person alleged to have violated section 4906.98 of the Revised Code and all other parties, a written report of investigation within twenty-one days after initiation of the involved proceeding. The report shall include the staff's findings on the alleged violation and staff's recommendations for board action.

 

(E)   The board shall require an evidentiary hearing on the alleged violation. The hearing may include evidence on corrective action, forfeitures, and other remedies.

 

(F)   The complaining party (which may include staff) shall have the burden to prove the occurrence of the violation by a preponderance of the evidence.

 

(G)   If, after a hearing, the board finds that a violation of section 4906.98 of the Revised Code occurred, the board may order appropriate remedies, which may include one or more of the following:

 

(1)  Direct the person to cease the violation.

 

(2)     Direct  the  person  to  comply  with  the  certificate  and/or  a  board  order  or suspension.

 

(3)    Direct the person to take corrective action and include a date by which such corrective action must be taken or completed.

 

(4)    Assess forfeitures in accordance with sections 4906.97 and 4906.99 of the

 

 

Revised Code.

(5)     Direct the attorney general to seek enforcement of board orders, including orders assessing forfeitures and appropriate remedies, in state or federal court.

(6)   Approve other appropriate remedies.

(H)     The  board  may  request  that  the  attorney  general  seek  enforcement  and  other appropriate relief in common pleas court, if necessary to enforce its order.

Effective:                                                             12/11/2015

Five Year Review (FYR) Dates:                         10/03/2014

CERTIFIED ELECTRONICALLY

Certification

11/30/2015

Date

Promulgated Under:                           111.15

Statutory Authority:                           4906.03

Rule Amplifies:                                  4906.03, 4906.97, 4906.98, 4906.12

Prior Effective Dates:                         6/17/05