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Ohio Laws and Rules
(A) The form of the complaint and accompanying instructions shall be as prescribed by the superintendent of the division of real estate, in consultation with the commission.
(B) Complaints may be filed by mail or other delivery to the division of real estate at 615 Superior Avenue N.W., Cleveland, Ohio 44113. The filing of a complaint with the division of real estate shall constitute a filing with the commission.
(C) Written notice acknowledging the receipt of a complaint shall be sent by regular mail to the person or persons who filed the complaint not more than twenty days after receipt of the complaint. Written notice of the complaint, including a copy of it, shall be sent by regular mail within seven days of receipt to the person shown by the cemetery registration records of the division as being responsible for the operation and/or maintenance of the cemetery that is the subject of the complaint.
(D) The person responsible for the operation and/or maintenance of the cemetery that is the subject of the complaint shall have thirty days after the mailing of the notice to respond to the division with respect to the complaint. Upon receipt of a response from the owner or the person responsible for the operation and/or maintenance of the cemetery that is the subject of the complaint, or if no response is received, the division may proceed to investigate the complaint and, if appropriate, attempt to resolve the matter using informal techniques of mediation, conciliation and persuasion. Notice of any offers to resolve a dispute that is the subject of a complaint and any responses to such offers, when communicated to the commission or division, shall be given to the other parties in person, by telephone or by mail.
(E) The commission shall hear each complaint filed within one hundred eighty days after its filing with the division, unless it has been resolved by the parties to the complaint.
(F) The division shall submit to the commission at their regularly scheduled meetings a report identifying the status of complaints filed, any responses, and the results of any investigations or attempts to resolve a complaint. The commission, upon reviewing a complaint, may:
(1) Order further investigation or initiate additional attempts to resolve the complaint by using informal techniques of mediation, conciliation and persuasion;
(2) Order a hearing on the complaint at a time and place to be fixed by the chairman or vice-chairman; or
(3) Dismiss the complaint in accordance with division (C) of section 4767.08 of the Revised Code.
(G) Investigations authorized by section 4767.08 of the Revised Code and attempts to resolve complaints as set forth in paragraph (F)(1) of this rule may be conducted by the division or individual commission members, at the direction of the commission, in consultation with the superintendent.
(H) If, as a result of an investigation, the commission determines that there is not substantial evidence of a violation of sections 1721.19, 1721.20, 1721.21, 1721.221 1721.211, 4735.22, or 4767.02 of the Revised Code, and that further attempts to resolve the complaint by using informal techniques of mediation, conciliation and persuasion would not be beneficial, the commission shall close the investigation and take no further action with regard to the complaint. If the commission closes an investigation, it shall notify the parties to the complaint within twenty days of reaching its decision.
HISTORY: Eff 1-20-94; 12-17-01
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 4767.07
Rule amplifies: RC 4767.06
RC 119.032 review dates: 6-30-2001; 6-30-2006
(A) Hearings are to be scheduled by the chairman or vice-chairman and may be continued from time to time to a date certain, for the purpose of:
(1) Ascertaining whether further attempts to resolve a matter that is the subject of a complaint may be successful and for that purpose making findings of fact and recommendations to the parties together with requests that each party promptly notify the commission of any action he has taken in response to the commission’s recommendations;
(2) Determining whether there is good cause to believe there has been a violation of sections 1721.19, 1721.20, 1721.21, 1721.211, 4735.22 or 4767.02 of the Revised Code.
(B) The chairman or vice-chairman of the commission, or a member of the commission appointed by the chairman or vice-chairman, shall preside at a hearing.
(C) If the hearing is pursuant to a complaint, notice shall be given to the parties by certified mail, return receipt requested, not less than thirty days prior to the hearing. If the hearing is in connection with an investigation by the commission, on its own motion, notice shall be given as the commission determines.
(D) Hearings are to be conducted on an informal basis and shall be recorded by electronic devices. References may be made to rules of evidence but the commission shall not be bound by them. Parties and those giving testimony may be represented by counsel. Those subpoenaed to give testimony and others wishing to present testimony are to be sworn. Comments which are not in the nature of testimony as to facts may be given without the making of an oath.
(E) The commission will announce any finding of facts and recommendations either at the conclusion of the hearing or by subsequent notice by mail to the parties to a complaint.
(F) The commission may conduct nonpublic hearings and maintain commission proceedings and records of those proceedings as confidential when the commission determines that public disclosure of the nature of the complaint would cause severe emotional distress to the complainants or other persons, exclusive of the cemetery registrant.
(G) If as a result of a hearing or other investigation the commission believes that a violation of one or more of the sections of the Revised Code listed in paragraph (A)(2) of this rule has occurred, it shall make reports and request further proceedings in accordance with section 4767.08 of the Revised Code.
HISTORY: Eff 1-20-94; 12-17-01
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 4767.06
Rule amplifies: RC 4767.06
RC 119.032 review dates: 6-30-2001; 6-30-2006
(A) The division shall submit to the commission, for its review, a quarterly report of its activities related to the administration of Chapter 4767. of the Revised Code which shall include but not be limited to:
(1) The number of written complaints recieved during the quarter and the action taken with regard to the complaints;
(2) The number of complaint forms furnished during the quarter;
(3) The number and nature of written and verbal inquiries received by the division during the quarter relating to the application of sections 1721.19, 1721.20, 1721.21, 1721.211, 4735.22, or 4767.02 of the Revised Code and the duties and functions of the commission.
(B) Reports required by divisions (D) and (E) of section 4767.06 of the Revised Code shall be prepared by the division, subject to the approval of the commission.
R.C. 119.032 review dates: 07/11/2008 and 06/30/2011
Promulgated Under: 119.03
Statutory Authority: 4767.06
Rule Amplifies: 4767.06
Prior Effective Dates: 1/20/1994, 12/13/2001