Ohio Administrative Code
Title 5160 - Ohio Department of Medicaid
Chapter 5160-71 - Hearings for recovery of overpayments
Section 5160-71-04 - Chapter 119. hearings conducted under authority of section 5111.914 of the Revised Code: notice and requesting a hearing
Universal Citation: OH Admin Code 5160-71-04
Current through all regulations passed and filed through September 16, 2024
(A) Written notice of intended action.
(1) Whenever an issuing state agency proposes
to take an action under authority of section
5111.914 of the Revised Code,
the issuing state agency shall send the affected party written notice of the
agency's intended action ("notice of intended action"). The issuing state
agency shall mail, certified mail, return receipt requested, such notice
,
which shall at a minimum include all of the
following:
(a) Notice of the specific action
or actions the agency intends to take;
(b) Charges or reasons for the proposed
action or actions;
(c) Statute or
rule directly involved;
(d) A
statement that the affected party is entitled to a prior hearing if the hearing
is requested within thirty days from the date of mailing the notice;
(e) A statement that the affected party may
appear at a hearing in person or through an attorney;
(f) A statement that the affected party may
present positions entirely in writing, may examine evidence and adverse
witnesses at the hearing, and may introduce evidence and bring forth witnesses
on behalf of the affected party; and
(g) A statement that rules governing affected
party hearings before the issuing state agency are to be found in Chapter
5101:6-51 of the Administrative Code.
(2) The issuing state agency shall also mail
a copy of the notice to the affected party's attorney or other representative
of record. To qualify as an attorney or representative of record, the party or
the attorney or representative must notify the issuing state agency, in
writing, that the attorney or representative is to be designated the attorney
or representative of record. The notification must include the address where
the issuing state agency should mail the notice to the attorney or
representative of record. The mailing of notice to the affected party's
attorney or representative is not deemed to perfect service of the notice.
Failure to mail a copy of the notice to the attorney or representative of
record shall not result in failure of otherwise perfected service upon the
affected party. In those instances where an affected party is a corporation
doing business in Ohio or is incorporated in Ohio, the mailing of notice to the
corporation's statutory agent pursuant to sections
1701.07 and
1703.19 of the Revised Code
shall perfect service provided there is compliance with all the requirements of
paragraph (A) of this rule.
(3)
When the notice required by paragraph (A) of this rule is returned because of
inability to deliver, the issuing state agency may either have its employee
make personal delivery of the notice or cause the notice to be published once a
week for three consecutive weeks in a newspaper of general circulation in the
county where the last known place of residence or business of the affected
party is located. The issuing state agency shall mail, first class mail, a copy
of the first publication of the notice in a newspaper to the affected party at
the last known place of residence or business. The notice is deemed received as
of the date of last publication. Nothing in this rule is to be construed to
limit or otherwise prohibit the utilization of sections
1701.07 and
1703.19 of the Revised Code to
perfect service of process.
(B) Request for a hearing.
(1) Any request for a hearing made as the
result of notice issued pursuant to paragraph (A) of this rule must be made in
writing and mailed or delivered to the issuing state agency within thirty
calendar days of the mailing or personal delivery
of the notice. If a request for a hearing is mailed or delivered to the issuing
state agency, the request is deemed to have been made as follows:
(a) If the request is mailed by certified
mail, the request is deemed to have been made as of the date stamped by the
U.S. postal service on its receipt form (PS form 3800 or any future equivalent postal service form).
(b) If the request is mailed by
regular U.S. mail, the request is deemed to have been made as of the date of
the postmark appearing upon the envelope containing the request. In those cases
where a postmark is illegible or fails to appear on the envelope, the request
is deemed to have been made as of the date of its receipt by the issuing state
agency as evidenced by the agency's time stamp.
(c) If a request for a hearing is mailed or
personally delivered to a party or address other than the issuing state agency,
the request is deemed to have been made as of the date of its receipt by the
issuing state agency as evidenced by the agency's time stamp.
(d) If a request for a hearing is personally
delivered to the issuing state agency, the request is deemed to have been made
as of the date of its receipt as evidenced by the agency's time stamp.
(e) If a request for a hearing is
made by facsimile transmission or by electronic mail, the request is deemed to
have been made as of the date of its receipt as evidenced by the receipt date
generated by the facsimile transmission or as shown on the electronic mail
received by the issuing state agency.
(2) Any request for a hearing made as the
result of notice issued by publication pursuant
to paragraph (A)(3) of this rule must be made in
writing and delivered to the proper address listed in the notice of the issuing
state agency within thirty calendar days of the notice's final date of
publication.
(3) All requests for
hearings must clearly identify both the affected party involved and the
proposed action that is being contested.
(4) A request for a hearing is not valid if
it is delivered to ODJFS.
(C) If an affected party fails to request a hearing or if the request is not timely, the issuing state agency shall request ODJFS to issue a final and binding order of adjudication adopting and ratifying the allegations contained in the notice of intended action.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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