Chapter 4709-1 General Provisions
"The ohio barber board," hereinafter referred to as the "board," means those members appointed by the governor of the state in accordance with Chapter 4709. of the Revised Code who are vested with both statutory and discretionary authority.
The administrative agency regulating the practice of barbering shall be headed by the executive director of the board. The executive director shall operate as the chief administrator of the board. Such executive director shall act in accordance with all rules established by the board for the governing of the board and enforce the rules and orders of the board.
A "rule" shall mean a policy or directive approved by the members of the board in accordance with Chapter 119. of the Revised Code. Such rule shall govern the executive director and the administrative staff of the board and shall establish their duties and responsibilities.
The procedure of the Ohio barber board for giving public notice for the adoption, amendment, or rescission of its rules pursuant to section 119.03 of the Revised Code shall be as follows:
(A) The board shall give public notice at least thirty days prior to the date set for the public hearing by placing such notice in the register of Ohio . Such notice shall contain:
(1) A statement of the board's intention to consider the adoption, amendment, or rescission of a rule;
(2) A synopsis of the proposed rule, amendment, or rule to be rescinded;
(3) A statement of the reason or purpose for adopting, amending, or rescinding the rule; and
(4) The date, time and place of the hearing on the proposed action.
(B) The board shall furnish the public notice required under section 119.03 of the Revised Code and as described in paragraph (A) of this rule to any person who requests a copy of such notice in writing and who pays a reasonable fee, not to exceed the cost of copying and mailing.
(C) Prior to the effective date of the rule, amendment, or rescission, the board shall make a reasonable effort to inform those affected by the rule, amendment, or rescission and to have available for distribution to those requesting it the full text of the rule as adopted, amended or rescinded.
The board shall conduct its public meetings in accordance with section 121.22 of the Revised Code.
All barber services as defined in division (A) of section 4709.01 of the Revised Code shall be performed at a location duly approved and licensed by the state barber board as a barber shop.
(A) Prior to the denial, revocation, or suspension of a permit, the board shall notify the applicant/permit holder in writing by registered mail, return receipt requested, of a statement of the charges against him/her and a notice of the time and place for the hearing on the charges prior to the issuance of the order denying, revoking, or suspending the permit.
(B) Such notice shall include:
(1) The charges or other reasons for the proposed action;
(2) The law or rule(s) directly involved; and
(3) A statement informing the party that;
(a) He/she is entitled to a hearing if he/she requests a hearing within thirty days of the time of the mailing of the notice;
(b) That at the hearing, he/she may appear in person, by his/her attorney, or by such other representative;
(c) May present his/her position, arguments or contentions in writing; and
(d) At the hearing, he/she may present evidence and examine witnesses appearing for or against him/her.
(C) The date set for such hearing shall be within fifteen days, but not earlier than seven days, after the notice is mailed to the applicant/permit holder unless otherwise agreed to by both the board and the party requesting such hearing. The board may continue the date set for the hearing at its own discretion.
(D) The hearing shall be conducted in accordance with section 119.09 of the Revised Code.
(E) Following the hearing, and after such order is entered on the board's journal, a certified copy of the board's order to revoke, suspend or deny a permit shall be served by certified mail, return receipt requested, upon the party affected thereby. Such order shall notify the party adversely affected by such order of his/her right to appeal the decision of the board to the court of common pleas as provided in section 119.12 of the Revised Code.