(A) Within thirty calendar days following both the close of the record of an administrative hearing conducted pursuant to Chapter 119. and section 3319.311 of the Revised Code and of receiving the transcript from the hearing, the hearing officer shall submit a written report setting forth a summary of proceedings, proposed findings of fact and conclusions of law, and a recommendation of the action to be taken by the state board. The hearing record shall not be considered closed until such time as the record is complete, as determined by the hearing officer.
(B) Any requests by the hearing officer to extend the time to file the report must be submitted in writing to the superintendent prior to the thirtieth day and shall include an explanation why such extension is necessary. Such request shall be decided by the superintendent or his/her designee.
(C) The original written report shall be submitted to the department. The department will serve the parties as provided under Chapter 119. of the Revised Code.
(D) The respondent or department may file written objections to the report and recommendation within ten business days of receipt of the hearing officer's report and recommendation. Filing of objections shall be in compliance with rule 3301-73-06 of the Administrative Code. Only those objections filed in a timely manner shall be considered by the state board.
(E) Upon written request, the superintendent may grant extensions of time within which to file objections. The extension shall not be for more than seven business days.
(F) The state board shall consider the hearing officer's report and recommendation and any objections thereto at the next possible regularly scheduled meeting after the time for filing objections has passed. The state board may act upon the report and recommendation or remand the matter to the hearing officer.
R.C. 119.032 review dates: 03/04/2009 and 03/04/2014
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3319.31 , 3319.311
Rule Amplifies: 3319.31 , 3319.311
Prior Effective Dates: 9/25/04