4731-13-02 Filing request for hearing.

(A) In order to request a hearing pursuant to Chapter 119. of the Revised Code, the respondent or the respondent's attorney or attorneys shall file a written request for a hearing in accordance with rule 4731-13-08 of the Administrative Code. The request shall be filed within thirty days of the date of mailing of the board's notice of opportunity for hearing upon which service is perfected, of the date of personal service of the board's notice of opportunity for hearing or of the date of publication of the board's notice of opportunity for hearing in accordance with Chapter 119. of the Revised Code, whichever occurs first. The date of mailing of the board's notice of opportunity for hearing shall be the date postmarked on the certified mail receipt.

(B) A respondent properly filing a request for a hearing, whether personally or by attorney or attorneys, shall be entitled to such hearing within fifteen days but not sooner than seven days after such request has been filed unless both parties agree otherwise or a continuance is granted pursuant to section 119.09 of the Revised Code and rule 4731-13-06 of the Administrative Code.

Effective: 7/31/2016
Five Year Review (FYR) Dates: 05/05/2016 and 07/31/2021
Promulgated Under: 119.03
Statutory Authority: 4731.05
Rule Amplifies: 119.07, 119.09
Prior Effective Dates: 6/30/89, 2/28/04