Ohio Administrative Code
Title 5101:6 - Hearings
Chapter 5101:6-6 - Hearing Procedure
Section 5101:6-6-04 - State hearings: telephone hearings

(a) If the hearing is to be scheduled as a telephone hearing, the JFS 04002 " Notice to Appear for Scheduled Hearing" (rev. 1/2015 ) or its computer-generated equivalent shall inform the individual of that fact and that he or she may choose to have a face-to-face hearing instead. The JFS 04002 is generated in the hearings and appeals tracking system (HATS X).

(b) The JFS 04002 shall include a telephone number which the individual can call free of charge to request a face-to-face hearing and shall explain that a request for a face-to-face hearing shall be made no later than three days prior to the date of the hearing.

(c) Hearings initially scheduled as telephone hearings that are rescheduled as face-to-face hearings at the individual's request shall be rescheduled in accordance with rule 5101:6-6-01 of the Administrative Code.

(a) The agency shall be responsible for submitting an appeal summary with all relevant documents to the appropriate hearings office as required by rule 5101:6-5-01 of the Administrative Code. In the case of a hearing in which the sole issue is that of a disability determination or disability onset date, the disability determination area (DDA) representative shall not routinely participate in the hearing. A copy of the appeal summary shall be sent to the appellant prior to the hearing date, explaining that the appeal summary shall stand in place of DDA participation, and if the appellant chooses to have a DDA representative participate in the hearing, a request, either in writing or orally, can be made to the hearing authority and arrangement for participation shall be made.

(b) The individual shall be responsible for providing any documents he or she wants considered to the appropriate hearings office prior to the hearing. The local agency shall assist in copying and sending such documents if the individual requests.

(c) If, during the hearing, it is determined that not all necessary documents have been received by the hearing officer, the agency shall transmit the additional documents to the hearing officer, so that they may be examined by the hearing officer before the conclusion of the hearing.

(d) If it is not possible to transmit the additional documents to the hearing officer before the conclusion of the hearing, the record shall be held open until they are received. The individual shall be given the option of having the hearing reconvened when the additional documents are received.

Once the additional documents are received and reviewed, the hearing officer may also decide to reconvene the hearing to resolve questions which arise upon review.

(e) Documents that were not available for the individual to review during the hearing may not be submitted to the hearing officer after the hearing, unless the individual is provided the opportunity for rebuttal as required by rule 5101:6-6-02 of the Administrative Code.

(a) Notifying the local agency that the hearing shall involve telephone participation, so that a suitable hearing room can be provided.

(b) Notifying the medical determination unit or other party of the date and time of the hearing and obtaining the telephone number where the representative can be reached on the day of the hearing.

(a) Providing a suitable hearing room.

(b) Providing a staff member to attend the hearing and to bring the individual's case file, including, if applicable, the appeal summary and supporting documentation provided by the medical determination unit.