3745-47-04 Hearing Clerk.

(A) The duties of the hearing clerk shall be performed by the employee designated by the agency as hearing clerk, together with such assistants as the hearing clerk may require to accomplish the hearing clerk’s duties. The hearing clerk shall:

(1) Immediately upon initiation of hearing proceedings, open a hearing file and assign a docket number to the proceedings.

(2) Be the custodian of all hearing files for the agency.

(3) Upon initiation of hearing proceedings, include in the hearing file copies of the proposed action, all notices, the fact sheet where one is required, and any written comments received by the agency. Upon request of any party, the hearing clerk shall also place into the hearing file a copy of the application, if any, any documents filed by the applicant in support of its application, and any documents prepared by the agency in support of the proposed action.

(4) During the pendency of the proceedings carefully preserve in the hearing file all papers delivered to the hearing clerk for that purpose and all written comments pertaining to the proceedings received by the agency, recording on all such papers the date of receipt thereof.

(5) Permit any person to make a copy of any papers in the hearing file or other files of the agency in the possession of the hearing clerk except where such matters are not open to public inspection by operation of paragraph (B) of rule 3745-47-20 of the Administrative Code.

(6) Effect all notices pertaining to agency public meetings and adjudication hearings required by statute or rule.

(7) Prepare and certify the record or documents in the hearing file in any instance where certification by the agency or director is required by law.

(8) Perform such other duties as are assigned to the hearing clerk by the director.

(B) The acceptance of papers or documents for filing or the commission of any other act by the hearing clerk shall not be construed as an admission by the agency of the validity or proper filing of such paper or of compliance with any procedural requirements imposed by statute or rule.

Eff 7-5-73; 6-30-81

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC Chapter 3745.

119.032 Review Date: 5-25-03