Chapter 4146-11 Disqualification; Challenges
No hearing officer or member of the review commission shall participate in proceedings in any case in which the hearing officer or member has an interest which might prevent the hearing officer or member from conducting a fair hearing or reaching an impartial decision.
A hearing officer or member of the review commission who might be subject to disqualification under rule 4146-11-01 of the Administrative Code may be challenged by any interested party at any time prior to the disposition of the appeal by the hearing officer or the review commission, whichever is the subject of the challenge. A challenge to a hearing officer may be presented orally at a scheduled hearing and made a part of the record, or a written challenge shall be filed with the review commission. Such challenges to hearing officers shall be decided by the review commission. Challenges to members of the review commission shall be directed to the secretary of the advisory council and shall set forth the grounds on which such challenge is based. The chairman of the advisory council shall decide challenges to members of the review commission. In the event a challenge to a member of the review commission is sustained, or a member of the review commission withdraws under rule 4146-11-01 of the Administrative Code, the chairman of the advisory council shall so advise the governor, who shall then proceed to appoint a member of the advisory council to act for the member of the review commission as provided in section 4141.06 of the Revised Code.
Five Year Review (FYR) Dates: 05/27/2015 and 05/27/2020
Promulgated Under: 119.03
Statutory Authority: 4141.06, 4141.14
Rule Amplifies: 4141.06
Prior Effective Dates: 08/09/2004, 10/01/1998