Current through all regulations passed and filed through September 16, 2024
(A) For the purpose of this chapter of the
Administrative Code:
(1) "Days" means
calendar days.
(2) "Board hearing
committee" means a standing committee of not less than three board members,
appointed by the board at a public meeting, to conduct administrative hearings
and provide a report and recommendation to the board as set forth in rule
4723-16-13 of the Administrative
Code.
(3) "Hearing examiner" means
the attorney appointed by the board to conduct a hearing pursuant to section
119.09 of the Revised
Code.
(4) "Respondent" means the
person who is requesting or has requested a hearing as provided in Chapter 119.
of the Revised Code.
(5)
"Representative of record" means the respondent or legal counsel for respondent
who has filed a notice of appearance in accordance with rule
4723-16-02 of the Administrative
Code or the assistant attorney general representing the state of
Ohio.
(6) "Telecommunication" means
communication by telephone conference or videoconference.
(B) The compilation of all time periods set
forth in this chapter of the Administrative Code shall be in accordance with
section 1.14 of the Revised
Code.
(C) Procedures for filing, or
mailing a motion or notice related to a board hearing shall comply with the
following:
(1) Any notice specifying the
date, time, and place for a hearing mailed by the board shall be mailed by
certified mail, or regular mail with a certificate of mailing, to respondent
and, if applicable, respondent's representative of record.
(2) The mailing date of any document mailed
by the board, including but not limited to, a notice of opportunity or
adjudication order, shall be the date appearing on the certified mail receipt
or certificate of mailing.
(3) A
document is filed with the board when the document is received and time stamped
at the board office located in Columbus, Ohio.
(4) A document may be
filed by hand-delivery, mail, email or facsimile. If multiple copies of the
same document are filed, only the first to be received by the board will be
time stamped and retained by the board.
(D) A certified copy of a conviction, plea of
guilty to, judicial finding of guilt, judicial finding of eligibility for
pretrial diversion or similar program, or judicial finding of eligibility for
intervention in lieu of conviction related to a felony or misdemeanor from a
court of competent jurisdiction shall be conclusive proof of the commission of
all elements of the felony or misdemeanor.
(E) The Ohio Rules of Evidence may be taken
into consideration by the board, board hearing committee or the hearing
examiner in determining the admissibility of evidence but shall not be
controlling. The board, board hearing committee or hearing examiner may permit
the use of electronic or photographic means for presentation of
evidence.
