(A)Within ten days of receiving a request for a hearing under rule 5101:11-8-01 of the Administrative Code, the council office, with the exception noted in this paragraph, will appoint a hearing officer. The exception is that in cases involving equal employment opportunity (EEO) non-compliance, the appointment is to be made in the same period by the chairperson or if he/she encounters an impediment or a conflict of interest in doing so, then by his/her designee. If the chairperson appoints a designee, the latter is to be another council member.

(B)The hearing officer will promptly schedule the hearing, pursuant to consultation with the sponsor involved, as to a mutually convenient place, date, and time. The proceeding is to occur within thirty days of this consultation. If the sponsor's authorized representative can neither attend a hearing within that period, nor assign a responsible spokesperson to do so, then the hearing will proceed without sponsor representation.

(C)Immediately on scheduling this event, the officer will provide to the sponsor a hearing notice, as well as a copy of the relevant notice of enforcement proceedings. These materials are to be transmitted by registered mail, return receipt requested. The hearing notice will state the following:

(1)The date, time and place of the hearing;

(2)That the hearing has been scheduled pursuant to this rule and the sponsor's request, and will be in reference to issues raised in the enclosed notice of enforcement proceedings;

(D)The hearing officer will plan, regulate, and preside over the course of the hearing, which to the extent feasible will be informally conducted. Every party will have the right to counsel, and a fair opportunity to present his/her case, including such cross-examination as may be appropriate in the circumstances. The sponsor, whether represented or not in this proceeding, may submit any written information in advance that it considers relevant.

(E)The hearing officer will develop findings and a recommended decision, on the basis of the record of the hearing and any record(s) available to the parties at the time of the hearing, and will present these within thirty calendar days of the conclusion of the hearing to the council office administrator.

Replaces: 5101:11-7-02

Effective: 10/1/2020

Five Year Review (FYR) Dates: 10/01/2025

Certification: CERTIFIED ELECTRONICALLY

Date: 09/14/2020

Promulgated Under: 119.03

Statutory Authority: 4139.03

Rule Amplifies: 4139.03, 4139.05

Prior Effective Dates: 06/20/1979, 11/23/1998, 03/22/2004, 06/06/2009, 08/07/2014