4734-2-03 Rules hearings.

(A) Prior to adopting, amending or rescinding a rule, the board shall make public notice of said adoption, amendment, or rescission in accordance with Chapter 119. of the Revised Code and Chapter 4734-2 of the Administrative Code. Said notice shall include the date, time and place of the hearing on the proposed action.

(B) On the date, time and place designated in the notice, the board will conduct a public hearing on the proposed rules action. The rules hearing may be held by or before the full board, a designated board member, or an attorney hearing examiner.

(C) Any person affected by the proposed rule may:

(1) Appear and be heard in person, by the person's attorney, or both;

(2) Present their positions, arguments, or contentions, orally or in writing;

(3) Offer and examine witnesses;

(4) Present evidence tending to show that the proposed rule, amendment, or rescission, if adopted or effectuated, would be unreasonable or unlawful.

(D) The testimony at the hearing must be recorded at the expense of the board.

(E) The board may permit persons affected by the proposed rule, amendment, or rescission to present their positions, arguments, or contentions in writing, for a reasonable period before, after, or both before and after the hearing. A person who presents their position or arguments or contentions in writing before or after the hearing is not required to appear at the hearing.

(F) Upon closure of the hearing record, the board will thoroughly review and consider all testimony. The board may make changes to a rule based on testimony received. If the board refiles a rule, a second public hearing notice is not required unless the change in the rule makes the rule inconsistent with the public hearing notice provided with the original rule filing.

R.C. 119.032 review dates: 08/27/2012 and 08/27/2017
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: ORC 119
Prior Effective Dates: 8/12/02