(A)Conduct of the
hearing.
(1)The date,
time, and place of any hearing before ODJFS is set by ODJFS or the hearing
examiner. The hearing examiner is to provide written or electronic notice
before the date of the hearing to all participants in the hearing and file a
copy of the written notice with the depository agent. Hearings are to be
scheduled in accordance with the following requirements.
(a)All hearings
are to be conducted during normal business hours unless other times are
authorized by the director.
(b)All hearings
will be conducted virtually unless objected to by either of the parties or if
the hearing examiner, after hearing arguments from both parties, determines the
hearing should be comductedconducted in person. If so determined, the hearing is
to be conducted in Columbus.
(c)Once begun,
any hearing normally continues day to day until completed, unless continued by
the hearing officer for good cause shown.
(2)Subject to the
prior approval of the hearing examiner, any appellant may choose to present the
case entirely in writing provided that a written request is made by the
appellant no later than fourteen business days before the date scheduled for
the hearing. Any request to present the case entirely in writing is to be filed
with the depository agent and served as provided in rule 5101:6-50-05 of the
Administrative Code. Any appellant who elects to present the case entirely in
writing is to do so in accordance with procedures ordered by the hearing
examiner. The hearing examiner's order is to be in writing and filed with the
depository agent. In the event that the appellant elects to present its case in
writing, ODJFS, with the consent of the appellant, may elect to present its
case entirely in writing. Nothing in this rule is to be construed as preventing
ODJFS from compelling the attendance of the appellant or other witnesses at the
hearing and questioning the appellant or other witnesses as if on cross-examination.
Nothing in this rule is to be construed as preventing any appellant from
examining any witnesses or evidence presented by ODJFS at the hearing.
(3)During the
course of any hearing, the participants to the proceeding may enter into oral
stipulations of fact, procedure, or the authenticity of documents, which are to
be incorporated into the record and bind the conduct of the participants. The
hearing examiner conducting the case may require oral stipulations to be
reduced to writing and submitted to the hearing examiner. The hearing examiner
assigned to conduct a hearing has the power to rule on the admissibility of
evidence or testimony, but a participant may make objections to the rulings
thereon. If the hearing examiner refuses to admit evidence or testimony, the
participant seeking admission of same is to make a proffer thereof and such
proffer will be made a part of the record of the hearing. The hearing examiner
may refer to the guidelines contained in the Ohio Rules of Evidence (7/1/2023)
in making decisions on admissibility.
(4)Any audit
report, report of examination, exit conference report, or report of final
settlement issued by ODJFS and entered into evidence is to be considered prima
facie evidence of what it asserts and its admissibility is not subject to the
consent of the appellant.
(B)Findings of
fact, conclusions of law, recommendations, and objections.
(1)Upon the
conclusion of any hearing, the hearing examiner is to prepare a written report
of findings of fact, conclusions of law, and recommendations of action to be
taken by ODJFS in disposition of the hearing. The report is to be filed with
the depository agent. Within five days of the report's filing with the
depository agent, as evidenced by the time stamp of the agent, ODJFS is to send by certified mail, return receipt requested, in accordance with section 119.05 of the Revised Code,
to the appellant, the appellant's attorney, or other authorized representative
of record a copy of the hearing examiner's report. The
report is to be considered to have been mailed as of the mailing date appearing
on United States postal service form 3800 (rev. 1/2023), or any future
equivalent postal service form. If delivery is not successful by certified
mail, the applicable provisions of section 119.07 of the Revised Code are to be
followed.
(2)An appellant
may file written objections to the hearing examiner's report. Any such
objections are to be received no later than ten days after the appellant
receives the report. The director may grant an extension of time to file
objections if the appellant's written request for an extension is received by
ODJFS no later than ten days after the appellant's receipt of the report. The
date the appellant receives the hearing examiner's report is the receipt date indicated on the United States postal service
form 3800, or any future equivalent postal services formto be in accordance with section 119.05 of the Revised Code.
The director will consider timely written objections before approving,
modifying, or disapproving the recommendations of the hearing examiner.
(C)Final order of
adjudication.
(1)Recommendations
of the hearing examiner may be approved, modified, or disapproved by the
director. The director may order additional testimony to be taken and permit
the introduction of further documentary evidence. In those instances where the
director modifies or disapproves the recommendations of the hearing examiner,
the director will include the reasons therefor and incorporate said reasons
into the final order of adjudication.
(2)After the
director has entered an order approving, modifying, or disapproving the hearing
examiner's recommendation on the ODJFS journal of proceedings, the director
will mail to the appellant by certified mail, return
receipt requested, in accordance with section
119.05 of the Revised Code, a copy of the order and a statement of the
time and method by which an appeal may be perfected. A copy of such order is to
be mailed to the attorney or other authorized representative of record
representing the party.
(D)Appeal of
final adjudication order.
(1)Any licensee
against whom a final order of adjudication is entered, pursuant to this rule,
may appeal that order to the court of common pleas of the county in which the
place of business of the licensee is located or the county in which the
licensee is a resident.
(2)Any party
desiring an appeal pursuant to this rule is to file a notice of appeal with the
proper depository agent setting forth the order appealed from and stating that
the agency's order is not supported by reliable, probative, and substantial
evidence and is not in accordance with the law. The notice may, but need not,
set forth the specific grounds of the party's appeal beyond the statement that
the agency's order is not supported by reliable, probative, and substantial
evidence and is not in accordance with the law. In order to be determined filed
with ODJFS, the notice of appeal is to be received by the proper depository
agent, as evidenced by an ODJFS date and time stamp, no later than fifteen days
after service on the affected party, as evidenced by the
mailing date on the United States postal service form 3800, or any future
equivalent postal service formin accordance with
section 119.05 of the Revised Code, of the order to be appealed from.
Appellant is to also file the notice of appeal with the court of common pleas
no later than fifteen days after the mailing toservice on the affected party, as
evidenced by United States postal service form 3800, or any future equivalent
postal service formin accordance with section
119.05 of the Revised Code, of the order to be appealed from. In filing
a notice of appeal with the agency or court, the notice that is filed may be
the original notice or a copy of the original notice.
Effective: 6/15/2024
Five Year Review (FYR) Dates: 1/1/2029
Certification: CERTIFIED ELECTRONICALLY
Date: 06/03/2024
Promulgated Under: 119.03
Statutory Authority: 5101.02
Rule Amplifies: 119.05, 119.06, 119.07, 119.09, 119.12, 1701.07,
1703.19, 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, 01/20/2011,
02/28/2014, 01/01/2019, 01/01/2024