3770:1-2-05 Licensing decisions.

(A) Director to comply with Administrative Procedure Act. The director shall comply with sections 119.06 to 119.10 of the Revised Code and other applicable provisions of the Administrative Procedure Act in decisions and orders made or adopted in conducting the licensing function.

(B) Licensing hearings. When required to do so by the Administrative Procedure Act, the director shall afford a hearing to a person affected by an order or decision of the director to refuse, suspend or revoke a license. Such hearings shall be conducted by the director or a hearing officer designated by the director and shall comply with the requirements for adjudication hearings set out in the Administrative Procedure Act. The requirement of the Administrative Procedure Act that adjudication hearings be afforded prior to a final decision by the director to suspend a license may be waived under circumstances such as non-payment of funds owed by a sales agent to the lottery fund, for reasons related to the public safety convenience or trust or which require immediate action. The director, however, must continue to comply with the requirements of the Administrative Procedure Act in affording the sales agent subsequent opportunity for an adjudication hearing.

R.C. 119.032 review dates: 10/26/2009 and 10/26/2014

Promulgated Under: 119.03

Statutory Authority: 3770.03

Rule Amplifies: 3770.01 , 3770.02 , 3770.03 , 3770.04 , 3770.05 , 3770.06 , 3770.07 , 3770.08

Prior Effective Dates: 7/15/1974, 5/27/1993, 12/27/1996, 2/13/2004