(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 willshall
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 willshall 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 mustshall 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 Code.
(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 mustshall 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 mustshall do so in accordance with procedures ordered by the
hearing examiner. The hearing examiner's order mustshall 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 willshall be incorporated
into the record and willshall
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 mustshall 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 (7/1/20127/1/2016) 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 willshall 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 mustshall
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 willshall 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 willshall be
considered to have been mailed as of the mailing date appearing on United States
postal service form 3800 (rev. 8/20064/2015), 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 shall be followed.
(2)An appellant may
file written objections to the hearing examiner's report. Any such objections mustshall 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 willshall 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 willshall 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 willshall 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
shall 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 mustshall 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 mustshall be received by the
proper depository agent, as evidenced by an ODJFS date and time stamp, no later
than fifteen days after the mailing to 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 shall 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: 1/1/2019
Five Year Review (FYR) Dates: 10/3/2018 and 01/01/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 12/10/2018
Promulgated Under: 119.03
Statutory Authority: 5101.02, 5164.02
Rule Amplifies: 119.06, 119.07, 119.09, 119.12, 1701.07, 1703.19,
5101.24, 5103.03, 5103.12, 5104.03, 5104.04, 5164.02
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