Current through all regulations passed and filed through December 16, 2024
(A) Definitions.
For purposes of this rule:
(1) "Affected party" means any public
employer, public employee, or public employee representative affected by an
order, rule or Ohio employment risk reduction standard proposed, adopted, or
otherwise issued pursuant to this chapter.
(2) "Program action" means the proposal,
adoption, or issuance of the order, rule, or standard under this
chapter.
(B) Request of
hearing from the superintendent.
Any affected party may request, within fourteen calendar days
of a program action, a hearing from the superintendent.
(1) The superintendent shall appoint a
hearing officer within fourteen calendar days of the receipt of the
request.
(2) The hearing officer
shall hold a hearing within fourteen calendar days of appointment. The hearing
will be held in conformance with the procedures outlined in section
119.09 of the Revised Code.
(a) Continuances may be ordered by the
hearing officer on the superintendent's own motion, or may be granted by the
hearing officer on motion or application of any party filed in writing and
showing good and sufficient cause for the continuance.
(b) The parties may, by stipulations filed in
writing with the hearing officer or orally presented at the hearing, agree on
any facts involved in the proceedings, but the hearing officer may thereafter
require development of any fact necessary to a proper determination of a
controversy.
(3) The
hearing officer shall render a decision within fourteen calendar days of the
hearing.
(4) The hearing officer's
decision shall be a final order after thirty days, unless:
(a) Within thirty days, the adversely
impacted party appeals the decision to the superintendent pursuant to paragraph
(C) of this rule; or
(b) The
superintendent, on the superintendent's own motion, modifies or reverses the
decision within thirty days
which shall be a final
order after thirty days of issuance if
the superintendent's decision has not been
appealed pursuant to paragraph (D) of this rule.
(C) Appeal of hearing officer's decision to
superintendent.
A public employer, public employee, or public employee
representative may appeal the decision of the hearing officer to the
superintendent pursuant to
Chapter 119 of the Revised Code, provided that
the appeal is made within thirty days of the receipt of the hearing officer's
decision.
(1) The superintendent
will
review the record of the hearing and issue a determination within thirty days
of receipt of the appeal of the hearing officer's decision.
(2) The superintendent's determination shall
be a final order after thirty days of issuance if it has not been appealed
pursuant to paragraph (D) of this rule.
(D) Appeal of superintendent's determination
to court.
An affected party that has received a
determination by the superintendent under paragraph (B)(4)(b) or paragraph
(C)(1) of this rule may, within thirty calendar days of issuance of the
determination, appeal to the court of common pleas of Franklin county or the
court of common pleas of the county in which the alleged violation occurred,
pursuant to section 4167.16 of the Revised
Code.
