Current through all regulations passed and filed through September 16, 2024
(A) With respect to all actions of the agency
that would require the agency to afford an opportunity for an adjudication
hearing in accordance with sections
119.06 and
119.07 of the Revised Code and
Chapter 3745-47 of the Administrative Code, the director shall prepare a
proposed action.
(1) A proposed action shall
be issued to the person who is the subject of the proposed action by certified
mail, return receipt requested or another type of mail
accompanied by a receipt. Service shall be complete in accordance with
section 119.07 of the Revised Code and
the "Ohio Rules of Civil Procedure."
(2) All proposed actions, except amended
proposed actions, shall be accompanied by a notice that states when and how a
person may request an adjudication hearing in accordance with Chapter 3745-47
of the Administrative Code.
(B) In any instance in which the director is
not obligated to afford an opportunity for an adjudication hearing in
accordance with sections
119.06 and
119.07 of the Revised Code and
Chapter 3745-47 of the Administrative Code, the director may issue a draft
action to the person subject thereto. All draft actions shall be sent by
certified mail , first class mail, or another
type of mail accompanied by a receipt to the person subject thereto and
shall be accompanied by a statement as to when a final action may be
issued.
(C) Draft action or
proposed action process determined by effective dates.
(1) A draft action or proposed action may
bear a date upon which the action will become effective as a final action, or
the action
may be issued with no such date stated. If the draft action or proposed action
bears an effective date, the date shall not be prior to the following:
(a) For a proposed action, the deadline for
filing an adjudication hearing request and an objection set forth in rule
3745-47-03 of the Administrative
Code.
(b) For a draft action,
either of the following:
(i) The deadline for
filing comments set forth in paragraph (D) of this rule.
(ii) The deadline for requesting a public
meeting set forth in rule
3745-49-13 of the Administrative
Code.
(2) If a
draft action or proposed action is issued with an effective date, amendments
thereto are issued, and the amended action is entered in the director's
journal, the agency need not, at the time of entry, provide notice or a copy of
the amended action to the person subject thereto.
(3) If a draft action or proposed action is
issued without an effective date, amendments thereto are issued, and the agency
later assigns an effective date and enters the amended action in the director's
journal, the agency shall mail notice to the person subject thereto informing
such person of the effective date.
(D) Public comments.
(1) Any person may submit written comments
relating to a draft action or proposed action.
(2) All comments received by the agency not
later than thirty days after public notice in accordance with rule
3745-49-07 of the Administrative
Code, or such longer period as the public notice may specify, shall be
considered by the director prior to issuance of a final action. This paragraph
does not apply to amended draft actions or amended proposed actions unless the
agency gives public notice of the amended draft action or amended proposed
action pursuant to rule
3745-49-07 of the Administrative
Code.
(3) All comments or
statements presented to the agency at a public meeting held pursuant to rule
3745-49-13 of the Administrative
Code shall be considered by the director prior to issuance of a final
action.
(E) Amendment and
withdrawal of a draft action or proposed action.
(1) If a draft action or proposed action is
issued with an effective date, the director may amend the draft action or
proposed action at any time prior to the stated effective date. A draft action
or proposed action issued without an effective date may be amended at any time
prior to entry in the director's journal as a final action.
(2) The director may withdraw a draft action
or proposed action prior to the effective date stated, or if no date is stated,
at any time. However, the director may not withdraw a proposed action after the
initiation of an adjudication proceeding in accordance with Chapter 3745-47 of
the Administrative Code unless objections made in accordance with section
3745.07 of the Revised Code and
rule 3745-47-03 of the Administrative
Code and all requests for an adjudication hearing have been withdrawn or
dismissed.
(F) A draft
action or proposed action shall be issued as a final action in accordance with
rule 3745-49-06 of the Administrative
Code.
