4723-16-01 General information.

(A) For the purpose of this chapter of the Administrative Code:

(1) "Respondent" means the person who is requesting or has requested a hearing as provided in Chapter 119. of the Revised Code.

(2) "Hearing examiner" means the attorney appointed by the board to conduct a hearing pursuant to section 119.09 of the Revised Code.

(3) "Representative of record" means the respondent or legal counsel for respondent who has filed a notice of appearance in accordance with rule 4723-16-02 of the Administrative Code or the assistant attorney general representing the state of Ohio.

(4) "Board committee" means a standing committee of not less than three board members, appointed by the board at a public meeting, to conduct administrative hearings and provide a report and recommendation to the board as set forth in rule 4723-16-13 of the Administrative Code.

(B) The compilation of all time periods set forth in this chapter of the Administrative Code shall be in accordance with section 1.14 of the Revised Code.

(C) Procedures for filing, or mailing a motion or notice related to a board hearing shallcomply with the following:

(1) Any notice specifying the date, time, and place for a hearing mailed by the board shall be mailed by certified mail, or regular mail with a certificate of mailing, to respondent and, if applicable, respondent's representative of record.

(2) The mailing date of any document mailed by the board , including but not limited to, a notice of opportunity or adjudication order, shall be the date appearing on the certified mail receipt or certificate of mailing.

(3) A document is filed with the board when the document is received and time stamped at the board office located in Columbus, Ohio.

(D) A certified copy of a conviction, plea of guilty to, or a judicial finding of guilt of any crime from a court of competent jurisdiction shall be conclusive proof of the commission of all elements of that crime.

(E) The Ohio Rules of Evidence may be taken into consideration by the board, board committee or the hearing examiner in determining the admissibility of evidence but shall not be controlling. The board, board committee or hearing examiner may permit the use of electronic or photographic means for presentation of evidence.

Effective: 02/01/2010
R.C. 119.032 review dates: 10/13/2009 and 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.28
Prior Effective Dates: 02/01/2000, 02/01/2002, 02/01/2004, 04/01/2005