Chapter 4146-17 Availability of Information; Notice of Hearing

4146-17-01 Availability of information contained in review commission files.

(A) In addition to the director's file, the review commission shall maintain a file in each case before it. The review commission file shall consist of the appeal, request for review or an application for appeal, all exhibits introduced at the hearing, the transcript where it exists and any other documents pertaining to the case that are submitted or generated after an appeal, application for appeal or request for review has been filed.

(B) An interested party may request a copy of the director's file and/or the review commission file prior to a hearing in order to prepare for a hearing before a hearing officer or the review commission. The review commission will copy the file(s) and send it to the requesting party. Where the request is for an electronic copy of the file(s), there will be no charge for the copy. An interested party may also purchase a hard copy of the file(s) directly from the review commission at a reproduction cost set by the commission.

(C) Where an interested party wishes to purchase a copy of the file(s) prior to a scheduled hearing, the request should be made within ten days of the date of mailing of one of the following notices referred to in the Administrative Code:

(1) Rule 4146-5-02 of the Administrative Code, notice that an appeal has been transferred to the review commission.

(2) Rule 4146-5-05 of the Administrative Code, where a telephone hearing is to be held, or

(3) Paragraph (C) of rule 4146-25-04 of the Administrative Code, where a review level hearing is to be held.

Where an interested party's request is made after the time specified above, the request will be allowed if it can be accommodated without causing delay to a scheduled hearing.

(D) Where an appealing party wishes to obtain a copy of the file(s) prior to the review commission's examination of a request for review, the request should be made at the time the request for review is filed or no later than ten days after such filing.

(E) Copying of files pursuant to this rule shall be permitted only for purposes relating to Chapter 4141. of the Revised Code.

Effective: 11/17/2013
R.C. 119.032 review dates: 07/07/2009 and 11/17/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06 , R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 12/31/66, 5/01/1992, 12/06/1999

4146-17-02 Furnishing of transcripts or hearing tapes.

The record of a hearing shall not be transcribed except as required by statute. Upon a request made of the review commission, a copy of the hearing record will be provided at the cost of the requesting party.

Effective: 11/17/2013
R.C. 119.032 review dates: 07/07/2009 and 11/17/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06 , R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 12/31/66, 5/01/1992, 12/06/1999

4146-17-03 Notice of public hearing.

(A) The commission shall publish notice of public hearing to be conducted for the purpose of adopting, amending or rescinding rules, in accordance with section 119.032 of the Revised Code and the register of Ohio.

(B) The notice shall state the board's intention to adopt, amend or rescind a rule; shall include a synopsis of the proposed rule, amendment, or rule to be rescinded, or a general statement of the subject matter to which the proposed rule, amendment or rescission relates; shall enumerate the date, time and place of the hearing. The notice also shall state the manner in which copies of the proposed rule, amendment or rule to be rescinded may be obtained.

Effective: 11/17/2013
R.C. 119.032 review dates: 07/07/2009 and 11/17/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06 , R.C. 4141.14
Rule Amplifies: R.C. 4141.14
Prior Effective Dates: 12/31/66, 5/01/1992, 12/06/1999