Chapter 4167-14 Contest of Violation
(A) A public employer to whom a citation has been issued has fourteen calendar days after the receipt of the citation to contest all or any part of the citation.
(B) Any public employee or public employee representative has fourteen calendar days after the receipt of a citation to file notice that the time period fixed in the citation for the abatement of a violation is unreasonable.
(C) The contest for an adjudication hearing must include:
(1) By the public employer, the factual basis for contesting each provision of the act, standard, regulation, rule, or order issued by the administrator.
(2) By the public employer, employee or employee representative evidence that any proposed abatement date is unreasonable.
(D) Any contest must be postmarked within fourteen calendar days of the receipt of the citation and be mailed to the superintendent of the division of safety and hygiene at the official address listed in rule 4167-1-02 of the Administrative Code.
(E) Any contest of an superintendent's citation must be made to the superintendent within fourteen calendar days of the receipt of the citation.
(F) At the request of an affected employer, employee, representative of employees, or upon the superintendent's own motion, the superintendent will hold an informal conference for the purpose of discussing any issues raised by an inspection, citation, or notice of intention to contest. If the conference is requested by the employer, an affected employee or his representative may be afforded an opportunity to participate, at the discretion of the superintendent. When the complainant is an employee and/or an employee representative, the complainant may be given the opportunity to participate in the conference. Any party may be represented by counsel at such conference. No such conference or request for such conference shall operate as a stay of any fourteen calendar day period for filing a notice of intention to contest as prescribed in this rule.
R.C. 119.032 review dates: 10/24/2008 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4167.02, 4167.07
Rule Amplifies: 4167.02
Prior Effective Dates: 5/22/95, 11/15/96, 8/1/01
(A) Except as provided in paragraph (E) of rule 4167-14-01 of the Administrative Code, any public employer, public employee, or public employee representative affected by an order, rule or Ohio employment risk reduction standard proposed, adopted, or otherwise issued pursuant to this chapter, may request, within fourteen calendar days of the proposal, adoption, or issuance of the order, rule, or standard, a hearing from the superintendent.
(B) The superintendent shall appoint a hearing officer within fourteen calendar days of the receipt of the request. The hearing officer shall hold a hearing within fourteen calendar days of appointment and render a decision within fourteen calendar days of the hearing.
(C) The hearing will be held in conformance with the procedures outlined in section 119.09 of the Revised Code.
(D) A public employer, public employee, or public employee representative may appeal the decision of the hearing officer to the superintendent pursuant to 119. of the Revised Code, provided that the appeal is made within thirty days of the receipt of the hearing officer's decision. The decision of the hearing officer is final unless appealed to the superintendent within the time period set in this rule or unless the superintendent, on his own motion, modifies or reverses the decision within that time period.
(E) The superintendent shall issue a decision within thirty days of receipt of the appeal of the hearing officer's decision.
(F) If a party fails to appeal the decision of the hearing officer, the decision of the hearing officer is not, for purposes of paragraph (C) of this rule, a final order of the administrator and is not appealable to court as provided in rule 4167-14-03 of the Administrative Code, except that if the party fails to appeal the decision of the hearing officer and the administrator modifies or reverses the decision of the hearing officer under this paragraph, the decision of the administrator is appealable to court pursuant to rule 4167-14-03 of the Administrative Code.
(A) A public employer, public employee, or public employee representative who has exhausted all administrative appeals of a final order by the superintendent may within thirty calendar days of issuance of the order appeal to the court of common pleas of Franklin county or to the court of common pleas of the county in which the alleged violation has occurred.
(B) The court shall conduct a hearing on the appeal filed under paragraph (A) of this rule and shall give preference to all proceedings under this rule over all other civil cases, irrespective of the position of the proceedings on the calendar of the court. The hearing shall proceed as in the case of a civil action as provided for in Chapter 2505. of the Revised Code, and the court shall determine the rights of the parties in accordance with the laws applicable to the action.
(C) If the court finds an undue hardship to the appellant as defined in rule 4167-5-02 of the Administrative Code will result from the enforcement of the order pending determination of the appeal, the court may grant a suspension of the order and fix the terms thereof.
(D) The court shall affirm the order of the superintendent upon consideration of the record as a whole and additional evidence as the court has admitted, if the order is supported by reliable, probative, and substantial evidence and is in accordance with law.
(E) In the absence of the elements of paragraph (C) of this rule, the court shall reverse, vacate or modify the order or make such other ruling as is supported by this rule.
(F) The judgment of the court is final and conclusive unless reversed, vacated, or modified on appeal as provided in Chapter 2505. of the Revised Code.
(G) No person who has failed to exhaust all administrative appeals as provided in this rule and rule 4167-5-03 of the Administrative Code may file an appeal of a final order of the superintendent.