Lawriter - OAC - 4709-1-07 Adjudication hearings.

4709-1-07 Adjudication hearings.

The board shall determine the need for adjudication of hearings in accordance with sections 119.06 to 119.13 of the Revised Code.

(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.

Replaces: 4709-1-07

R.C. 119.032 review dates: 04/02/2013 and 04/01/2018
Promulgated Under: 119.03
Statutory Authority: 4709.05
Rule Amplifies: 4709.13, 4709.14
Prior Effective Dates: 10/23/92, 08/09/02