(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 shallis
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 shallare to be conducted in Columbus during normal business hours unless other
times are authorized by the director.
(b)Upon the written request of the appellant, the director may
designate the site of the hearing to be the county seat of the county wherein
the appellant resides or, alternately, a place within fifty miles of the
appellant's residence. The approval of an alternative location is at the
discretion of the director. Requests for an alternative hearing site shall be
filed with the depository agent at least thirty days before the scheduled date
of the hearing and served as provided in rule 5101:6-50-05 of the Administrative
CodeAll 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 comducted
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 shallis 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 shallis to
do so in accordance with procedures ordered by the hearing examiner. The
hearing examiner's order shallis 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 shallare to be
incorporated into the record and shall 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 shallis 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 (7/1/2016)(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 pursuant to paragraph (B) of this rule.
(B)Findings of
fact, conclusions of law, recommendations, and objections.
(1)Upon the
conclusion of any hearing, the hearing examiner shallis 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 shallis 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 shallis to send by certified mail, return receipt requested,
to the appellant, the appellant's attorney, or other authorized representative
of record a copy of the hearing examiner's report. The report shallis to be considered
to have been mailed as of the mailing date appearing on United States postal
service form 3800 (rev. 4/20151/2023), 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 shallare to be followed.
(2)An appellant
may file written objections to the hearing examiner's report. Any such
objections shallare 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 form. The
director shallwill
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 shallwill
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 shallwill mail to the
appellant by certified mail, return receipt requested, 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 shallis to
be mailed to the attorney or other authorized representative of record
representing the party.
(D)Appeal of final
adjudication order.
(1)Any appellant other than a licensee against whom a final order
of adjudication is entered, pursuant to this rule, may appeal that order to the
Franklin county court of common pleas. 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 shallis 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 shallis to be received by the proper depository agent, as
evidenced by an ODJFS date and time stamp, no later than fifteen days after the mailing toservice on
the affected party, as evidenced by the mailing date on the United States postal
service form 3800, or any future equivalent postal service form, of the order
to be appealed from. Appellant shallis to also file the notice of appeal with the court of
common pleas no later than fifteen days after the mailing to the affected
party, as evidenced by United States postal service form 3800, or any future
equivalent postal service form, 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: 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, 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