4117-1-08 Notice of hearing; consolidation.

(A) Whenever a hearing is to be conducted, the board shall issue and serve upon all parties a notice of hearing specifying the date, time, and place of the hearing. Such notice shall include a statement of the purpose of the hearing, the legal authority under which the hearing is to be held, with a reference to the particular sections of the statutes and rules involved, and, if the hearing is not conducted by the board, the name of the board member or administrative law judge who shall conduct the hearing. Such notice shall be served upon all parties at least ten days prior to the scheduled hearing, except in the case of hearings conducted pursuant to division (B) of section 4117.12 of the Revised Code.

(B) A party contending that the administrative law judge or other agent designated to conduct a hearing is biased or partial in the proceeding may raise an objection by filing with the board a sworn statement setting forth the facts relevant to the objection. Such statement must be filed with the board prior to five days before the hearing. The board in its discretion may disqualify the administrative law judge or agent and designate another administrative law judge or agent to conduct the hearing.

(C) Upon direction of the board separate cases involving the same facts, same or similar issues of law, or the same or related parties may be consolidated. Any party may file a written objection to the consolidation within ten days of service of the notice of consolidation. Unless otherwise specified by the board, all filings relating to any of the consolidated cases shall list all case numbers.

R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02 , 4117.11 , 4117.12 , 4117.14 , 4117.16 , 4117
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05.