Ohio Administrative Code
Title 5101:6 - Hearings
Chapter 5101:6-20 - Administrative Violations
Section 5101:6-20-15 - State hearings: administrative disqualification hearing procedures
Universal Citation: OH Admin Code 5101:6-20-15
Current through all regulations passed and filed through September 16, 2024
(A) The following provisions apply to the administrative disqualification hearing process:
(1) The accused individual and authorized
representative shall be provided access to documents and regulations in
accordance with rule
5101:6-5-01
of the Administrative Code.
(2) The
accused individual,
the authorized
representative and the local agency have the right to request the issuance of
subpoenas in accordance with rule
5101:6-5-01
of the Administrative Code.
(3) The
local agency may provide transportation to the accused individual in accordance
with rule
5101:6-5-01
of the Administrative Code.
(4) The
time and place of the administrative disqualification hearing shall be in
accordance with rule
5101:6-6-01
of the Administrative Code.
(5) The
accused individual is entitled to one postponement of the scheduled hearing.
(a) The request for postponement
shall be
received by the bureau of state hearings
at least ten
days prior to the date of the
scheduled hearing.
(b) The hearing
shall not be postponed for more than thirty days.
(B) The following provisions apply to the conduct of the administrative disqualification hearing:
(1) The accused individual and the local
agency have the right to be represented by legal counsel in accordance with
rule
5101:6-5-01
of the Administrative Code.
(2) The
administrative disqualification hearing shall be conducted informally, in
accordance with rule
5101:6-6-02
of the Administrative Code.
(3)
Attendance at the administrative disqualification hearing shall be limited, in accordance with rule
5101:6-6-01
of the Administrative Code.
(4)
Administrative disqualification hearings shall be recorded in accordance with
rule
5101:6-6-03
of the Administrative Code.
(5) The
role of the agency representative at the administrative disqualification
hearing shall be as described in rule
5101:6-6-02
of the Administrative Code.
(6) The
accused individual and/or authorized representative shall have the rights
described in rule
5101:6-6-02
of the Administrative Code.
(7) The
role of the hearing officer at the administrative disqualification hearing
shall be as described in paragraph (C) of rule
5101:6-6-02
of the Administrative Code, except that paragraphs (C)(14) and (C)(15) of rule
5101:6-6-02
of the Administrative Code do not apply.
(8) At the hearing, the hearing officer shall
advise the accused individual and representative that they may refuse to answer
questions during the hearing.
(9)
Once the administrative disqualification hearing has begun, the accused
individual may no longer waive the right to a hearing. If the local agency or
the bureau of state hearings has not received a
signed JFS 04026 "Waiver of Administrative Disqualification Hearing" (rev.
1/2015
) or its
computer-generated equivalent, prior to the time of the scheduled
hearing, the hearing officer shall proceed with the hearing and render a
written decision.
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