(A)Written notice
of intended action.
(1)Whenever ODJFS
proposes to take an action that the Ohio general assembly has expressly made
subject to the administrative adjudication procedure outlined in Chapter 119.
of the Revised Code, ODJFS shallis to give notice of the intended action to the affected
party informing the affected party of the affected party’s right to a hearing.
Notice shallis to
be given by registered mail, return receipt requested, and shall, at a minimum, include all of the following:
(a)The specific
action or actions ODJFS intends to take;
(b)The charges or
other reasons for the proposed action or actions;
(c)The statute or
rule directly involved;
(d)A statement
informing the affected party that the affected party is entitled to a hearing
if the affected party requests it within thirty days of the time of mailing the
notice;
(e)A statement
informing the affected party that at the hearing the affected party may appear
in person or through an attorney;
(f)A statement
informing the affected party that the affected party or the affected party's
attorney may present the affected party's position, arguments or contentions
entirely in writing, and that at the hearing the affected party or the affected
party's attorney may present evidence and examine witnesses appearing for and
against the affected party; and
(g)A statement
informing the affected party that rules governing hearings in accordance with
Chapter 119. of the Revised Code are found in Chapter 5101:6-50 of the
Administrative Code.
(2)ODJFS shallis to also mail a
copy of the notice to the affected party's attorney or other representative of
record. To qualify as an attorney or representative of record, the affected
party or the attorney or representative shallis to notify ODJFS, in writing, that the attorney or
representative is to be designated the attorney or representative of record.
The notification shallis
to include the address where ODJFS should mail the notice to the
attorney or representative of record. The mailing of notice to the affected
party's attorney or representative is not deemed to perfect service of the
notice. Failure to mail a copy of the notice to the attorney or representative
of record will not result in failure of otherwise perfected service upon the
affected party. In those instances where an affected party is a corporation
doing business in Ohio or is incorporated in Ohio, the mailing of notice to the
corporation's statutory agent pursuant to sections 1701.07 and 1703.19 of the
Revised Code will perfect service provided that all the requirements of paragraph
(A) of this rule have been complied with.
(3)When any notice
sent by registered mail pursuant to this rule is returned because the affected
party fails to claim the notice, ODJFS shallwill send the notice by ordinary mail to the affected
party at the affected party's last known address and shall
obtain a certificate of mailing. Service by ordinary mail is complete
when the certificate of mailing is obtained unless the notice is returned
showing failure of delivery.
(4)If any notice
sent by registered or ordinary mail is returned for failure of delivery, ODJFS
either shallwill
make personal delivery of the notice by an employee or agent of ODJFS or shallwill cause a summary
of the substantive provisions of the notice to be published once a week for
three consecutive weeks in a newspaper of general circulation in the county
where the last known address of the affected party is located. When notice is
given by publication, a proof of publication affidavit, with the first
publication of the notice set forth in the affidavit, shallis to be mailed by ordinary mail to the affected party
at the affected party's last known address and the notice shallis to be deemed
received as of the date of the last publication. An employee or agent of ODJFS
may make personal delivery of the notice upon a party at any time.
(5)Refusal of
delivery by personal service or by mail is not failure of delivery and service
is deemed to be complete at the time of personal refusal or at the time of
receipt by ODJFS of the refused mail as demonstrated by the ODJFS time and date
stamp. Failure of delivery occurs only when a mailed notice is returned by the
postal authorities marked undeliverable, address or addressee unknown, or
forwarding address unknown or expired.
(B)Request for a hearing.
(1)Any request for
a hearing made as the result of notice issued pursuant to paragraph (A) of this
rule shallis to be
made in writing and mailed or delivered to the proper depository agent within
thirty calendar days of the following, as applicable:
(a)The time of
mailing the notice if notice is given pursuant to paragraph (A)(1) of this
rule;
(b)The date that
service is complete if notice is given pursuant to paragraph (A)(3) or (A)(5)
of this rule;
(c)The date of the
last publication if notice is given by publication pursuant to paragraph (A)(4)
of this rule; or
(d)The date of
personal service.
(2)If a request
for a hearing is mailed to the proper depository agent, the request is deemed
to have been made as follows:
(a)If the request
is mailed by certified mail, as of the date stamped by the U.S. postal service
on its receipt form.
(b)If the request
is mailed by regular U.S. mail, as of the date of the postmark appearing upon
the envelope containing the request.
(c)If the request
is mailed by regular U.S. mail and the postmark is illegible or fails to appear
on the envelope, as of the date of its receipt by the depository agent as
evidenced by the agent's time stamp.
(3)If a request
for a hearing is made by facsimile transmission or by electronic mail to the
proper depository agent, the request is deemed to have been made as of the date
of its receipt as evidenced by the receipt date generated by the facsimile
transmission or the date of receipt shown in the source code of the electronic mail
received by the proper depository agent.
(4)If a request
for a hearing is mailed, personally delivered, made by facsimile transmission,
or made by electronic mail to a party or address other than the proper
depository agent, the request is deemed to have been made as of the date of its
receipt by the depository agent as evidenced by the agent's time stamp.
(5)If a request
for a hearing is personally delivered to the proper depository agent, the
request is deemed to have been made as of the date of its receipt as evidenced
by the depository agent's time stamp.
(6)All requests
for hearings mustare to
clearly identify both the affected individual involved and the proposed action
that is being contested.
(C)Computation of
time deadlines.
Section 1.14 of the Revised Code controls the computing of time
deadlines imposed by Chapter 119. of the Revised Code and Chapter 5101:6-50 of
the Administrative Code. The time within which an act is required by law to be
completed is computed by excluding the first day and including the last day.
When the last day falls on a Saturday, Sunday, or legal holiday, the act may be
completed on the next succeeding day that is not a Saturday, Sunday, or legal
holiday. When the last day to perform an act that is required by law is to be
performed in a public office and that public office is closed to the public for
the entire day, the act may be performed on the next succeeding day that is not
a Saturday, Sunday, or legal holiday.
(D)Failure to
request a hearing.
When an affected party fails to request a hearing or the request
is not submitted timely, ODJFS will issue a final and binding order of
adjudication adopting and ratifying any or all of the allegations contained in
the original notice that shallwill implement the proposed action.
Effective: 1/1/2024
Five Year Review (FYR) Dates: 10/13/2023 and 01/01/2029
Certification: CERTIFIED ELECTRONICALLY
Date: 12/18/2023
Promulgated Under: 119.03
Statutory Authority: 5101.02
Rule Amplifies: 119.06, 119.07, 119.09, 5101.24, 5103.03,
5103.12, 5104.03, 5104.04
Prior Effective Dates: 01/01/1983, 01/10/1987, 12/01/1987
(Emer.), 02/15/1988, 02/01/1999, 04/01/2004, 10/01/2008, 02/28/2014, 01/01/2019