4501-51-01 Citation review board.

(A) Purpose of the citation review board

The purpose of the citation review board is to establish an official representative body to review citations issued by the investigative unit of the Ohio department of public safety made at the request of the Ohio department of public safety. The board determines if a citation should be forwarded to the liquor control commission for hearing.

(B) Composition The citation review board shall consist of the following individuals (all individuals that comprise the board may at their option designate another person to fill their position if they are unable to attend a scheduled date):

(1) Executive director of the investigative unit;

(2) Deputy director of administration for the investigative unit;

(3) Deputy directors of operations for the investigative unit;

(4) Chief counsel for the Ohio department of public safety;

(5) Section chief of the attorney general's office assigned to present the investigative unit's cases to the liquor commission;

(6) Ohio investigative unit agent assigned as the liquor control commission liaison (non-voting member).

(C) Process

The assistant attorney general assigned to present the investigative unit's cases to the liquor control commission will prepare a docket of cases to be reviewed and present the cases to the citation review board. At the conclusion of the presentation of each citation, a vote will be taken by the board to determine whether to proceed with the citation.

The executive director of the investigative unit will chair the citation review board. All members of the board, except as noted in paragraph (B)(6) of this rule, will have voting rights.

A majority vote of the voting members is necessary to establish a recommendation that a citation be voided.

Cases will be decided as follows: dismissal, move forward for docketing to the liquor control commission, or tabled for future review.

(D) Memorializing

The investigative unit of the Ohio department of public safety shall maintain a journal of the citations reviewed by the citation review board and the outcome of the review. If the citation review board determines that a citation should be voided, the permit holder in question shall be notified, in writing, of the decision.

(E) Staff

The investigative unit of the Ohio department of public safety will provide an individual charged with keeping the minutes of the board and notifying permit holders, the division of liquor control, the liquor control commission, and the attorney general of the outcome of each case.

Replaces:

4501-51-01

Effective: 01/18/2010
Promulgated Under: 111.15
Statutory Authority: R.C. 5502.01
Rule Amplifies: R.C. 5502.01
Prior Effective Dates: 12/24/59, 12/28/91, 12/31/93, 02/12/96, 12/16/99