Chapter 4146-5 Appeals at Hearing Officer Level

4146-5-01 What constitutes an appeal at hearing officer level.

An appeal at hearing officer level is any written notice stating that the interested party appeals from or desires a review of a determination or redetermination issued by the director, or one of the director's deputies transferred to the review commission for hearing and disposition.

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 , 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 12/31/66, 12/06/1999

4146-5-02 Notice that an appeal has been transferred.

A notice that an appeal filed in accordance with division (A) of section 4141.281 or division (B) of section 4141.281 of the Revised Code has been transferred to the review commission by the director and that a hearing officer level hearing will be held shall be mailed by the review commission to the last known post office address of each interested party. No notice shall be sent when the review commission elects to transfer jurisdiction back to the director prior to the notice of transfer having been mailed.

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 , 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 12/31/66, 5/1/92, 12/06/1999

4146-5-03 Matters which may be considered.

(A) Any issue within the jurisdiction of the director in an initial determination, reconsidered decision or redetermination from which an appeal is filed with the review commission, or filed with the director and transferred to the review commission shall be heard, considered and decided by the review commission or the hearing officer to whom the case is assigned for decision.

(B) The issue(s) need not be specifically considered or referred to by the director in the director's determination, reconsidered decision or redetermination, referred to specifically in the appeal, or raised by an interested party.

(C) Failure to include notice of an issue in the "notice of hearing," as provided in rule 4146-5-04 of the Administrative Code, shall not preclude consideration of the issue on appeal, but if any interested party is surprised by a new issue, and unprepared to proceed, a continuance shall be granted.

(D) The hearing officer shall advise all parties of any new issue not contained in the notice of hearing. If a party does not waive notice of this new issue and agree to proceed, the case shall be continued.

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 , 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 12/31/66, 12/06/1999

4146-5-04 Notice of hearing.

(A) A notice of hearing for all scheduled hearings, except for hearings held under Chapter 4146-23 of the Administrative Code, i.e., contribution rate appeal hearings, shall be sent to each interested party at least seven days prior to the hearing date. In a hearing held under Chapter 4146-23 of the Administrative Code, the notice of hearing shall be mailed to the last known post office address of each interested party at least twenty-one days prior to the hearing date. A notice of hearing shall specify:

(1) The date, time and place of hearing or the date and time of the telephone hearing, and

(2) A brief summary of the issues to be heard and decided.

(B) Any interested part or their authorized representative may waive formal written notice of hearing. A hearing may be scheduled earlier than the number of days specified in this rule only upon the agreement of the interested parties.

Eff 12-31-66; 5-1-92; 10-1-98; 8-9-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 4141.06 , 4141.14
Rule amplifies: RC 4141.281(C)(3) [,] (7)
RC 119.032 Review Date: 07/03/2003 and 08/09/2009

4146-5-05 Notice that an appeal has been transferred and a hearing officer level telephone hearing will be held; election of an in-person hearing.

(A) Where the review commission intends to hold a telephone hearing at hearing officer level, the notice that an appeal has been transferred shall indicate that a telephone hearing is to be held. The notice also shall: (1) inform the interested parties that if they do not wish to have their appeal heard by telephone, any party may elect to have an in-person hearing where the party agrees to travel to a hearing site determined by the review commission; (2) describe the telephone hearing procedure and (3) explain how parties may submit documents and exhibits.

(B) A request for an in-person hearing must be filed with the review commission within ten days of the mailing date of notice that an appeal has been transferred.

(C) A request for in-person hearing is considered to be timely filed when it is received by the review commission and one of the following occurs:

(1) Receipt is before the close of business on the last day of the filing period;

(2) The request is mailed, and the enclosing envelope bears a postmark date, as governed by the United States postal regulations, before midnight of the last day of the filing period; or

(3) The request is mailed, the postmark date is illegible or missing, and it is received no later than the third calendar day following the last day of the filing period.

(4) The request is sent by fax and received by midnight of the last day of the filing period.

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, 10/01/1998, 12/06/1999

4146-5-06 Scheduling of hearings.

(A) Hearings held under these rules shall be scheduled as promptly as is administratively feasible. All hearings will initially be scheduled to be heard by telephone at a time determined by the review commission. In the scheduling of hearings, consideration will be given to the prompt disposition of appeals, the hours and days of the week established for conducting hearings, and the regular hearing sites within the state in the case of an in person hearing request.

(B) All evening hearings shall be scheduled to be heard by telephone. The party which requested an evening hearing may elect to have an in-person hearing if the party agrees: (1) to waive the right to an evening hearing and, (2) travel to a hearing site designated by the review commission.

(C) If a conflict concerning a request for an evening hearing and an in-person hearing arises, the commission shall schedule the hearing by telephone during evening hours.

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: 5/01/1992, 10/01/1998, 8/09/2004

4146-5-07 Postponement of hearing.

(A) Upon the showing of good cause, a hearing may be postponed at the request of any interested party or their authorized representative, or upon the motion of the review commission or hearing officer. All interested parties shall be notified of any postponement. When the matter is rescheduled, notice of hearing shall be sent to all interested parties.

(B) On its own motion, or upon the showing of good cause by an interested party, the review commission or hearing officer may adjourn or continue the hearing to a different time and/or place. A notice of the date, time, and place of the continued hearing shall be sent to the interested parties.

R.C. 119.032 review dates: 08/14/2008 and 07/03/2013

Promulgated Under: 119.03

Statutory Authority: R.C. 4141.06 , R.C. 4141.14

Rule Amplifies: R.C. 4141.281

Prior Effective Dates: 5/1/92, 10/01/98, 8/9/04

4146-5-08 Documents to be considered in telephone hearings.

(A) Where an interested party has documents or written materials for the hearing officer or review commission to consider, a copy of the documents or materials shall be sent to the review commission at the address directed on the notice as well as to all interested parties and their representatives listed on the notice that an appeal has been transferred or notice that a request for review has been allowed and a hearing will be held. Each document shall be identified by a letter. Each page of a multipage document shall be numbered. Documents shall be filed with the review commission within fourteen days of the mailing date of the notice that an appeal has been transferred or notice that a request for review has been allowed and a hearing will be held.

(B) If documents have not been filed with the review commission and received by all interested parties at the time of hearing, then the documents shall not be considered by the review commission or hearing officer unless the hearing is continued to allow the other parties to review the document.

(C) A party may waive the right to a continuance to see the document and may proceed with the hearing. If a document is not relevant to the issue at the hearing, then the review commission or hearing officer may disregard it without continuing the hearing.

(D) Documents are considered to be timely filed when they are received by the review commission, and one of the following occurs:

(1) Receipt is before the close of business on the last day of the filing period;

(2) The documents are mailed, and the enclosing envelope bears a postmark date, as governed by the United States postal regulations, before midnight of the last day of the filing period; or

(3) The documents are mailed, the postmark date is illegible or missing, and it is received no later than the third calendar day following the last day of the filing period.

(4) The documents are sent by fax and the fax is received prior to midnight of the last day of the filing period.

R.C. 119.032 review dates: 07/07/2009 and 07/07/2014

Promulgated Under: 119.03

Statutory Authority: R.C. 4141.06 , R.C. 4141.14

Rule Amplifies: R.C. 4141.281

Prior Effective Dates: 5-1-92, 12-6-99