Chapter 124-17 Internal Procedure

124-17-01 Scope of rules.

These rules govern practice and procedure in all proceedings before the board. No rules shall be construed so as to conflict with any statute or other rule of law. Judicial invalidation of one rule shall not be considered to invalidate any other rule.

R.C. 119.032 review dates: 02/10/2014 and 02/10/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 119.03 , 119.04 , 124.03 , 124.14 , 124.328 , 124.33 , 124.34 , 124.40 , 124.56
Prior Effective Dates: 7/1/79

124-17-02 Procedure for adoption of new or amended rules, or rescission of existing rules.

(A) A majority of the members of the board shall concur in the adoption of new or amended rules, or the rescission of existing rules. Any opposition by a member of the board to the adoption of a new or amended rule, or the rescission of an existing rule may be noted in the resolution to adopt or rescind.

(B) A copy of each proposed new, amended, or rescinded rule shall be filed, as required by law, at least thirty days prior to any public hearing on the matter.

(C) Notice of any such public hearing shall be provided at least thirty calendar days prior to the date of the public hearing.

(1) Notice of the hearing shall be published in the register of Ohio pursuant to section 119.037 of the Revised Code.

(2) The notice shall contain a statement of the board's intention to consider the adoption of a new or amended rule, or the rescission of an existing rule; the subject matter to which the proposed new, amended, or rescinded rule relates; and the date, time and place of the public hearing.

(3) In all other respects, the adoption of a new or amended rule, or rescission of an existing rule shall be governed by the provisions of section 119.03 of the Revised Code.

(D) The board or its agent shall make all certifications required by law when making a final filing of any new, amended, or rescinded rules.

Effective: 03/24/2014
R.C. 119.032 review dates: 01/07/2014 and 01/07/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 119.03 , 119.04 , 124.03
Prior Effective Dates: 7/7/79, 2/14/86, 3/1/93, 5/17/01

124-17-03 Quorum.

(A) Two members of the board constitute a quorum at any scheduled meeting.

(B) The board cannot act without the concurrence of at least two members.

(C) Any member of the board may write a concurring or dissenting opinion.

R.C. 119.032 review dates: 02/10/2014 and 02/10/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.02 , 124.03 , 124.05 , 124.06 , 124.08
Prior Effective Dates: 7/1/79

124-17-04 Records.

The board shall maintain, in accordance with the approved retention schedule for the board, records of all appeals filed, together with the final actions on the appeals and the dates on which such actions occurred.

Effective: 03/24/2014
R.C. 119.032 review dates: 01/07/2014 and 01/07/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03
Prior Effective Dates: 7/1/79

124-17-05 Notice of meetings and hearings.

(A) The state personnel board of review regularly meets during the board's normal business hours.

(B) The matters to be considered at a particular meeting or the time of a particular hearing of the board may be obtained by written request or by telephone request at (614) 466-7046.

Effective: 03/24/2014
R.C. 119.032 review dates: 01/07/2014 and 01/07/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 121.22 , 124.02 , 124.03 , 124.08
Prior Effective Dates: 7/1/79, 2/14/86, 3/1/93, 3/28/98

124-17-06 Duties of the principal administrative officer.

(A) The board may designate a principal administrative officer to perform such duties as it prescribes.

(B) The principal administrative officer shall:

(1) Serve as the legal custodian of the board's records .

(2) Make appropriate certification of any rules adopted by the board .

(3) Rule on any pending non-dispositive motions in a case scheduled before the full board.

Effective: 03/24/2014
R.C. 119.032 review dates: 01/07/2014 and 01/07/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03 , 124.08
Prior Effective Dates: 7/1/79, 3/1/93, 5/17/01

124-17-07 Standards of conduct and suspension.

(A) All representatives appearing before the board shall conform to the standards of ethical conduct required of attorneys practicing before the courts of the state of Ohio.

(B) The board may bar from participation in hearings before it any representative who refuses to comply with its directions or who engages in dilatory tactics or contemptuous behavior in the course of any proceeding before the board.

R.C. 119.032 review dates: 02/10/2014 and 02/10/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03 , 124.14 , 1244.328, 124.34 , 124.40 , 124.56
Prior Effective Dates: 7/1/79, 3/1/93

124-17-08 Business day.

The board shall be open for business Monday through Friday from 8:00 a.m. through 5:00 p.m. except on legal holidays as determined by the state of Ohio.

R.C. 119.032 review dates: 02/10/2014 and 02/10/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03 , 124.08
Prior Effective Dates: 7/1/79, 3/1/93