Current through all regulations passed and filed through September 16, 2024
(A)
The board of health
may deny, suspend, or revoke approval of a business offering
body art services if the business made any material
misrepresentation to the board, does not meet or no longer meets, or has a
history of non-compliance with the requirements of sections
3730.01 to
3730.11 of the Revised Code and
this chapter of the Administrative Code.
(B)
In the case of a
proposal to deny, suspend, or revoke approval of a business offering
body
art
services, the board of health shall provide the business with written notice of
the proposed action and the cause for the action. The notice shall describe the
procedure for appealing the proposed denial, suspension, or revocation.
(1) The written notice shall be provided by
certified mail, return receipt requested, or by hand delivery. If the notice is
returned because of failure of delivery, the board of health shall either send
the notice by regular mail to the business location listed on the application,
or conspicuously post the notice at an entrance of the business. In either
case, the notice shall be deemed to have been received on the date it was
mailed or posted.
(2) The notice
shall state that the business may obtain a hearing under this rule if a written
request for a hearing is mailed or hand-delivered to the board of health's
address specified in the notice, within fifteen days after the affected
business receives or is deemed to have received the notice.
(3) Upon receiving a timely hearing request,
the board of health shall schedule a hearing before the board or a hearing
officer designated by the board of health. If the board of health provides a
hearing officer, he or she shall be licensed to practice law in Ohio and shall
not have participated in any manner in the decision to take the action against
the operator.
(4) The board of
health shall mail or hand-deliver notice of the date, time, and place of the
hearing to the operator no less than ten days before the scheduled date. The
board of health may additionally post the notice of hearing at the entrance of
the business.
(5) The business and
the board of health each shall have one opportunity to reschedule the hearing
date upon specific request to the hearing officer, or if a hearing officer has
not been designated, to the other party. Any other postponements of the hearing
shall be by agreement of the board of health, the business, and the hearing
officer, if one is designated.
(6)
At the hearing, the business shall have the opportunity to present its case
orally or in writing and to confront and cross-examine adverse witnesses. The
business may be represented by its counsel, if desired, and may review the case
record before the hearing. If the board of health has designated a hearing
officer, a member of that board does not have to be present at the
hearing.
(7) If the hearing is
before a hearing officer, he or she shall prepare a written recommendation as
to the validity of the board of health's action, which shall rest solely on the
evidence presented at the hearing and the statutory and regulatory provisions
governing the board of health's action. The hearing officer shall describe the
basis for his or her recommendation, but need not prepare a full opinion or
formal findings of fact and conclusions of law. The hearing officer shall mail
by certified mail, return receipt requested, or hand-deliver the recommendation
to the board of health and the operator. Either party may file objections to
the recommendation provided that the objections are received by the board of
health within five days of receiving a copy of the recommendation from the
hearing officer.
(8) After
reviewing any timely objections, the board of health may by motion take
additional evidence or approve, modify, or disapprove the hearing officer's
recommendation and shall enter an order in the record of its
proceedings.
(9) If the board of
health does not receive a timely request for hearing, the board may immediately
enter an order as proposed in the notice.
(C)
In the case of a suspension of approval for a
violation presenting an immediate danger to the public health, the board of
health shall provide the business with written notice of the action, the cause
of the action, and the effective date of the action. The written notice shall
specify the procedure for appealing the suspension and shall list the address
to which a hearing request shall be sent or delivered. The business may appeal
the suspension by mailing or hand-delivering a written request for hearing to
the address specified in the notice. If a hearing is requested, it shall be
heard not later than two business days after the request is received by the
board of health. At the hearing, the business shall have the opportunity to
present its case orally or in writing and to confront and cross-examine adverse
witnesses. The business may be represented by its counsel, if desired, and may
review the case record before the hearing. At the hearing, the board of health
shall determine whether the immediate danger to the public health continues to
exist.
(D)
Any determination
made or order entered by the board of health pursuant to this rule shall be
made by a majority vote of the members of the board present at a meeting at
which there is a quorum. If the board of health conducts the hearing, the board
may immediately render a decision denying, suspending, or revoking approval, or
render a decision removing or continuing an approval suspension. The
determination or order may be considered and made at a meeting without
publication or advertisement, and may become effective without such publication
or advertisement, recording or certifying. An order is not effective until it
is recorded in the board of health's record of its proceedings.
