123:2-16-07 Adjudication hearings.

The director of the department of administrative services shall determine the need for adjudication hearings in accordance with sections 119.06 to 119.13 of the Revised Code.

(A) Prior to a revocation of a certification or upon denial of certification issued pursuant to section 123.152 of the Revised Code and of this chapter, the director of the department of administrative services shall notify the owner of the affected business of the owner's right to request a hearing on the decision. The notice shall be in writing and sent by registered mail, return receipt requested, to the applicant's last address provided to the equal employment opportunity division of the department of administrative services.

(B) The notice shall include:

(1) The reasons for the proposed action.

(2) The applicable laws or rules directly involved.

(3) A statement informing the owner that:

(a) The owner is entitled to a hearing if requested within thirty days of the mailing date of the notice.

(b) The owner may appear in person or be represented by an attorney.

(c) The owner may chose to present the owner's position in writing.

(d) The owner may present evidence and examine witnesses at the hearing.

(C) Upon receiving a written request for hearing from the owner, the director shall set the date, time and location of the hearing. The date set for the hearing shall be within seven and fifteen days of receiving the request for hearing, unless otherwise agreed to by the parties.

(D) The director of the department of administrative services may continue the date of the adjudication hearing on the director's own accord.

(E) All adjudication hearings shall be conducted in accordance with the procedures described in section 119.09 of the Revised Code.

(F) Following an adjudication hearing in which an order not to certify or an order to revoke certification is rendered, the director of administrative services shall serve upon the affected owner the order of the director. The order shall include notification to the affected owner of the right to appeal the decision the decision of the director to the court of common please as provided in section 119.12 of the Revised Code. The notice of the order shall be served by certified mail, return receipt requested.

Eff 11-26-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 123.152
Rule amplifies: RC 123.152
R.C. 119.032 review dates: 11/26/2009