Ohio Administrative Code
Title 5101:6 - Hearings
Chapter 5101:6-20 - Administrative Violations
Section 5101:6-20-14 - State hearings - failure to attend the administrative disqualification hearing
Current through all regulations passed and filed through March 18, 2024
(A) If the accused individual or authorized representative fails, without good cause, to appear at the hearing, the hearing shall still be conducted, without the individual being represented, if:
(B) Even though the individual is not represented, the hearing officer shall consider the evidence carefully and determine, based on clear and convincing evidence, whether an intentional program violation was committed.
(C) When good cause for failure to appear is based upon non-receipt of the advance notice of the hearing required by rule 5101:6-20-12 of the Administrative Code, the individual or authorized representative shall have thirty days from the date of the hearing decision to contact the hearing authority and present good cause for failing to attend.
In all other instances, the individual or authorized representative shall have ten days from the date of the hearing to contact the hearing authority and present good cause for failing to attend.
The hearing officer shall enter the good cause determination into the hearing record.
(D) When the hearing officer finds that an intentional program violation was committed but good cause for failure to appear is subsequently shown, the hearing decision shall be vacated and a new hearing scheduled.