4731-13-06 Continuance of hearing.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

State Medical Board

Agency Name

 

Sallie Debolt

Division                                                                  Contact

 

30 East Broad Street 3rd floor Columbus OH 43215-6127

614-644-7021

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

4731-13-06

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Continuance of hearing.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 4731.05

5.  Statute(s) the rule, as filed, amplifies or implements: 119.08, 119.09, 4731.22, 4731.23

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

Replacement rule 4731-13-06 significantly amends current Rule 4731-13-06 in order to decrease the time from Notice of Opportunity for Hearing to a final order being issued by the Medical Board.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE,

then summarize the content of the rule:

Replacement rule 4731-13-06 amends the current rule in the following ways: Requires hearing dates to be scheduled with input of the parties and in accordance with a case management schedule which will be set through Medical Board policy. Requires that continuances requested less than 14 days prior to the scheduled hearing will be only granted upon a showing of good cause. Authorizes a hearing record to be held open to accept a deposition in lieu of live testimony.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

Proposed replacement rule 4731-13-06 references provisions of the Ohio Administrative Code that are readily available via an internet search, the Medical Board's website, and the public library.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Not applicable.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

The rule is being re-filed without change. At its July 2016 meeting the Medical Board considered the comments received at the public hearing and voted to re-file the rule as originally filed as the proposed rule is not inconsistent with the comments.

12.  Five Year Review (FYR) Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0.00

Not applicable.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

The cost for compliance with proposed replacement rule 4731-13-06 can be reasonably calculated. It is the fee charged by an attorney, if the Respondent hires an attorney, times the number of hours needed to prepare motions establishing good cause and proper diligence.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? Yes

Failure to comply with rule 4731-13-06 could result in the denial of a request for a continuance.

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No

Filing a motion for a continuance is not mandatory. However, when one is filed it most contain evidence establishing good cause and proper diligence.