1301:13-3-02 Hearings.

(A) Hearings are to be scheduled by the chairman or vice-chairman and may be continued for good cause shown 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 that has been taken in response to the commission’s recommendations;

(2) Determining whether there is good cause to believe that there has been a violation of section 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.

(E) The commission will announce any finding of facts and recommendations either at the conclusion of the hearing or by subsequent notice by regular 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.

Effective: 09/25/2008

R.C. 119.032 review dates: 07/11/2008 and 06/30/2012

Promulgated Under: 119.03

Statutory Authority: 4767.06

Rule Amplifies: 4767.06, 4767.07

Prior Effective Dates: 1/20/1994, 12/17/2001