(A)Any countylocal agency that
disagrees with a state hearing decision, to which it was a party, may request
that the decision be reviewed by the bureau of state hearings, through a
process similar to the administrative appeal process described in rule
5101:6-8-01 of the Administrative Code.
(1)The request mustshall be signed by
the agency director and received by the bureau of state hearings, within thirty calendar days from the date the decision being
sent for review was issued no later than thirty
days after the decision was mailed. In lieu of a hard copy request,
requests for county review can be made via E-mail from the agency director.
(2)The request mustshall include the
reason why the director would like the decision reviewed. A decision will be
reviewed if the director asserts the decision relies on an incorrect
application of the law or rule.
(3)The request
for review willshall
not stay the implementation of the state hearing decision nor willshall it change the
outcome of the state hearing decision.
(4)If the written
request does not meet the requirements of paragraphs (A)(1) and (A)(2) of this
rule, the bureau of state hearings willshall dismiss the
request for review by sending written notice of dismissal to the countylocal agency.
(5)Once a request
is accepted for review, the bureau of state hearings willshall issue a county review decision, within thirty
days from the date the request for review is received. Copies of the review
decision willshall
be sent to all hearing supervisors and hearing officers in state hearings, the
relevant policy areas and the countylocal agency.
(B)The medical
determination units identified in rule 5101:6-6-01 of the Administrative Code,
may also request county review of a state hearing decision to which they are a
party by following the procedures outlined in paragraph (A) of this rule. The
written request, either in hard copy or via e-mail however, mustshall be submitted by
the chief of the bureau that retains administrative responsibility for that
unit.
(C)State hearings
shall maintain a library of all county review decisions. The decisions shall be
available for public inspection and copying, subject to applicable disclosure
safeguards.
Effective: 3/1/2019
Five Year Review (FYR) Dates: 11/27/2018 and 03/01/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 02/05/2019
Promulgated Under: 119.03
Statutory Authority: 5101.35
Rule Amplifies: 5101.35, 5160.011
Prior Effective Dates: 06/01/2003, 09/01/2008, 02/28/2014