4761:1-12-01 Representation; appearance; communication; applicability.

 

 

 

4761:1-12-01               Representation; appearance; communication; applicability.

 

 

 

(A)As used in Chapter 4761:1-11 of the Administrative Code, "respondent" shall be defined as the licensee through its representative who is requesting or has requested a hearing as provided in Chapter 119. of the Revised Code.

 

(B)As used in Chapter 4761:1-11 of the Administrative Code, "hearing examiner" shall be defined as an attorney license to practice in Ohio retained by the board to conduct hearings on its behalf.

 

(C)As used in Chapter 4761:1-11 of the Administrative Code, "appointed  hearing officer" shall be defined as a member of the board appointed to conduct a hearing should the hearing be held before the board and not a hearing examiner.

 

(D)The respondent may be self-represented or may be represented by an attorney admitted to the practice of law in Ohio. In the absence of an attorney, the respondent shall be deemed the representative of record for the purposes of Chapter 4761:1-11 of the Administrative Code.

 

(E)The respondent is not required to personally appear at any hearing provided he/she has not been subpoenaed. The respondent may authorize an attorney to represent him/her in all matters of the hearing before the board.

 

(F) The respondent or attorney representative may present positions, arguments, or contentions in writing rather than appear at any hearing provided that the respondent has not been subpoenaed.

 

(G)The representative of record for the respondent shall enter appearances in writing.

 

(H)The representative of record from the Ohio attorney general's office shall enter appearances in writing.

 

(I)The  person  entering  an  appearance  as  representative  of  record  will  remain  the representative of record until a written withdrawal is filed with the board.

 

(J) Except as otherwise provided under Chapter 119. of the Revised Code, communications from the board, its appointed hearing officer, its hearing examiner, or representative from the Ohio attorney general's office shall be sent to the respondent's representative of record.

 

(K)The members of the board shall base their decisions on any matter subject to hearing only on the evidence contained in the record. No information acquired by a member of the board in any way other than by review of the evidence of the record shall be considered by such member in that member's decision on a matter subject to hearing.

 

Any board member who participates in the probable review determination will be recused from the adjudication hearing.

 

 

(L) Except as otherwise provided under this chapter or by statute, no hearing examiner or member of the board shall initiate or consider ex parte communications concerning a pending or impending adjudicatory proceeding. Nothing contained herein, however, shall preclude the hearing examiner from nonsubstantative ex parte communications on procedural matters and matters affecting the efficient conduct of adjudicatory hearings.

(M) The attorney hearing examiner and members of the board shall disclose on the record the source and substance of any ex parte or attempted ex parte communications. That disclosure shall be made at an adjudicatory hearing or at a board meeting prior to deliberation on a pending or impending adjudicatory proceeding.

(N) If any provision of the rules in this chapter is held invalid or if the application of any provision of the rules in this chapter to any person or circumstances is held invalid, the invalidity does not affect any other provision of the rules in this chapter, or the application of any other provision of the rules in this chapter, that can be given effect without the invalid provision or application, and, to this end, the provision of the rules in this chapter are hereby declared severable.

Effective:                                                     05/23/2005

R.C. 119.032 review dates:                         04/25/2008

CERTIFIED ELECTRONICALLY

Certification

05/12/2005

Date

Promulgated Under:                           119.03

Statutory Authority:                           4752.17(A)(11)

Rule Amplifies:                                  4752.09 (A)