Chapter 4734-4 Hearings

4734-4-01 Hearings; disciplinary procedures.

Licensees governed by Chapter 4734. of the Revised Code, and by this chapter, shall be disciplined in accordance with Chapters 4734. and 119. of the Revised Code, for violation of Chapter 4734. of the Revised Code and Chapter 4734. of the Administrative Code.

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, 4734.31 , 4734.45 , 4734.46 , 4734.47 , 4734.48
Prior Effective Dates: 8/12/02

4734-4-02 Representatives; appearances; communications; applicability.

(A) As used in Chapter 4734-4 of the Administrative Code, respondent shall be defined as the person who is requesting or has requested a hearing as provided in Chapter 119. of the Revised Code.

(B) Any provision of the rules in this chapter which references a hearing officer shall apply to the board in those instances in which the administrative hearing is conducted before the board, or to an attorney hearing examiner hired by the board or presiding board member, unless such rule by its nature is clearly inapplicable.

(C) All filings in any cases before the board shall be directed to the attention of the executive director and filed at the board office.

(D) A respondent may represent him or herself or may be represented by an attorney admitted to the practice of law in Ohio. If the respondent does represent him or herself, he or she shall be deemed the representative of record for purposes of Chapter 4734-4 of the Administrative Code.

(E) A respondent is not required to personally appear at any hearing provided he or she has not been subpoenaed and has authorized his or her representative to represent him or her in all facets of a hearing before the board.

(F) A respondent or his or her representative may present his or her position, arguments, or contentions in writing, rather than personally appearing at any hearing, provided the respondent has not been subpoenaed.

(G) The representative of record for the respondent shall file a notice of appearance of counsel in writing with the board and shall serve such notice upon the representative of record from the office of the attorney general.

(H) The representative of record from the office of the attorney general shall, within fourteen days of the hearing inform the respondent or if applicable, the respondent's representative of record, in writing, that the attorney general's representative will serve as counsel of record for the case.

(I) Any representative of record who has entered an appearance before the board remains the representative of record unless and until a written withdrawal is filed with the board.

(J) Except as otherwise provided under Chapter 119. of the Revised Code, communications from the board or its hearing officer shall be sent to the representative of record.

(K) The members of the board shall base their decisions on any matter subject to hearing only on the evidence of record. No information acquired by a member of the board in any way other than by review of the evidence of record shall be considered by such member in that member's decision on a matter subject to hearing. The receipt of information about a matter subject to hearing outside the evidence of record shall not disqualify the member from participating in the decision on that matter, unless the member excuses himself or herself from participation in the decision on the ground that he or she cannot restrict his or her decision on the matter only to the evidence of record.

(L) Except as otherwise provided under this chapter or by statute, no hearing officer or member of the board shall initiate or consider ex parte communications concerning a pending or impending adjudicatory proceeding. Nothing contained herein, however, shall preclude the hearing officer or presiding board member from nonsubstantive ex parte communications on procedural matters and matters affecting the efficient conduct of adjudicatory hearings.

(M) The hearing officer and members of the board shall disclose on the record the source and substance of any ex parte or attempted ex parte communications. That disclosure shall be made at the earliest possible opportunity, but at least prior to deliberation on a pending or impending adjudicatory proceeding.

(N) Except as otherwise provided under this chapter or by statute, a rule promulgated under this chapter shall apply only to those administrative proceedings for which a notice of opportunity for hearing was mailed to respondent, or his representative, on or after the effective date of the particular rule.

(O) If any provision of the rules in this chapter is held invalid or if the application of any provision of the rules in this chapter to any person or circumstance is held invalid, the invalidity does not affect any other provision of the rules in this chapter, or the application of any other provision of the rules in this chapter, that can be given effect without the invalid provision or application, and, to this end, the provisions of the rules in this chapter are hereby declared severable.

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, 4734.31 , 4734.45 , 4734.46 , 4734.47 , 4734.48
Prior Effective Dates: 8/12/02

4734-4-03 Continuances.

(A) The board may initially continue a hearing upon its own motion for a period of not less than thirty days, in order to more efficiently and effectively conduct its business, unless the circumstances establish that a continuance would not serve the interest of justice. The hearing officer or presiding board member may continue a hearing upon the motion of a representative of record. Hearings shall not be continued upon motion unless a showing of reasonable cause and proper diligence is presented. Before granting any continuance, consideration shall be given to harm to the public which may result from delay in proceedings.

(B) No continuance of an adjudicatory hearing under section 4734.37 of the Revised Code shall be granted without the written agreement of the respondent or his representative and the board.

(C) If a continuance is granted, the hearing officer or presiding board member shall immediately establish a new hearing date, unless circumstances prohibit.

(D) Hearings may be continued due to the unavailability of a subpoenaed witness, at the discretion of the hearing officer or presiding board member. The hearing officer or presiding board member may hold the record open to accept a deposition in lieu of live testimony of a subpoenaed witness. The procedures set forth in this chapter shall apply to any deposition taken pursuant to this rule.

(E) No adjudication hearing shall be continued for more than ninety days for the purpose of exchanging witness or document lists to the extent provided by this chapter unless the presiding board member or hearing officer finds in writing that such exchange was diligently pursued but was not completed due to the unusual circumstances of the case.

R.C. 119.032 review dates: 08/27/2012 and 08/27/2017
Promulgated Under: 119.03
Statutory Authority: 4734.10 , 4734.48
Rule Amplifies: ORC 119, 4734.31 , 4734.45 , 4734.46 , 4734.47 , 4734.48
Prior Effective Dates: 8/12/02

4734-4-04 Out-of-state attorneys.

(A) Only those out-of-state attorneys who have been granted authority by a court of competent jurisdiction may represent respondents in administrative hearings before the board.

R.C. 119.032 review dates: 08/27/2012 and 08/27/2017
Promulgated Under: 119.03
Statutory Authority: 4734.10 , 4734.46
Rule Amplifies: ORC 119, 4734.31 , 4734.45 , 4734.46 , 4734.47 , 4734.48
Prior Effective Dates: 8/12/02

4734-4-05 Authority and duties of hearing officers.

(A) Adjudication hearings may be conducted before a hearing officer pursuant to Chapters 4734. and 119. of the Revised Code. The board shall set the qualifications for hearing officers and shall appoint its hearing officers to serve during each fiscal year. The board or the executive director shall determine which hearing officer is assigned a particular case.

(B) All hearings shall be open to the public, but the hearing officer or presiding board member conducting a hearing may close the hearing to the extent necessary to protect compelling interests and rights or to comply with statutory requirements. In the event the hearing officer or presiding board member determines to close the hearing, the hearing officer or presiding board member shall state these reasons on the record prior to closing the hearing.

(C) The hearing officer or presiding board member shall conduct hearings in such a manner as to prevent unnecessary delay, maintain order, and ensure the development of a clear and adequate record.

(D) The authority of the hearing officer or presiding board member shall include, but not be limited to:

(1) Administer oaths and affirmations;

(2) Order issuance of subpoenas and subpoenas duces tecum to require the attendance of witnesses at hearings and depositions in lieu of live testimony at hearing and to require the production of evidence for hearings and depositions;

(3) Examine witnesses and direct witnesses to testify;

(4) Ruling on the admissibility of evidence;

(5) Ruling on procedural motions, whether such motions are oral or written;

(6) Hold prehearing and status conferences and mediate settlement discussions;

(7) Requesting briefs before, during or following the hearing, as well as suggested findings, orders, and conclusions of law within such time limits as the hearing officer may determine;

(8) Preparing entries, findings, orders, or reports and recommendations;

(9) Requesting preparation of entries, findings, or orders;

(10) Ruling on requests to broadcast, record, televise or photograph the hearing;

(11) Determining the order in which any hearing shall proceed.

(12) Taking such other actions as may be necessary to accomplish the purposes of paragraph (C) of this rule and to carry out Chapters 119. and 4734. of the Revised Code.

(E) The authority of the hearing officer or presiding board member shall not include:

(1) Granting motions for dismissal of charges;

(2) Modifying, compromising, or settling charges or allegations.

(F) The hearing officer or presiding board member shall have such other powers, duties, and authority as are granted by statutes or rules.

(G) All rulings on evidence and motions and on any other procedural matters shall be subject to review by the board upon presentation of the proposed findings of facts and conclusions of law of the hearing officer or presiding board member. When such rulings warrant, the matter may be remanded to the hearing officer or presiding board member.

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, 4734.31 , 4734.45 , 4734.46 , 4734.47 , 4734.48
Prior Effective Dates: 8/12/02

4734-4-06 Broadcasting and photographing administrative hearings.

If the hearing officer or presiding board member determines that broadcasting, televising, recording or taking of photographs in the hearing room would not distract participants or impair the dignity of the proceedings or otherwise materially interfere with the achievement of a fair administrative hearing, the broadcasting, televising, recording or taking of photographs during hearing proceedings open to the public may be permitted under the following conditions and upon request:

(A) Requests for permission for the broadcasting, televising, recording or taking of photographs in the hearing room shall be made in writing to the hearing officer or presiding board member prior to the commencement of the hearing, and shall be made a part of the record of the proceedings;

(B) Permission is expressly granted prior to commencement of the hearing in writing by the hearing officer or presiding board member and is made a part of the record of the proceedings;

(C) If the permission is granted, the hearing officer or presiding board member shall specify the place or places in the hearing room where operators and equipment are to be positioned;

(D) The filming, videotaping, recording or taking of photographs of witnesses who object thereto shall not be permitted.

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, 4734.31 , 4734.45 , 4734.46 , 4734.47 , 4734.48
Prior Effective Dates: 8/12/02

4734-4-07 Depositions in lieu of testimony at hearing and transcripts of prior testimony for submission at hearing.

(A) Upon written motion of any representative of record or the hearing officer's or presiding board member's own motion, and upon service of that motion to all other representatives, the hearing officer or presiding board member may order that the testimony of a witness be taken by deposition in lieu of live testimony under such conditions and terms as the hearing officer or presiding board member shall set, and that any designated books, papers, documents or tangible objects, not privileged, be produced at the same time and place if it appears probable that:

(1) The witness will be unavailable to attend or will be prevented from attending a hearing; and

(2) The testimony of the witness is material; and

(3) The testimony of the witness is necessary in order to prevent a failure of justice.

In the case of an expert witness, a showing of the unavailability of the expert shall not be necessary for the hearing officer#s or presiding board member's consideration of the motion of a representative to take a deposition in lieu of live testimony.

(B) The representatives shall agree to the time and place for taking the deposition in lieu of live testimony. Depositions shall be conducted in the same county in which the hearing is conducted unless otherwise agreed to by the representatives. If the representatives are unable to agree, the hearing officer or presiding board member shall set the time or fix the place of deposition. At a deposition taken pursuant to this rule, representatives shall have the right, as at hearing, to fully examine witnesses. The hearing officer or presiding board member has the discretion to be present at the deposition in lieu of testimony at hearing.

(C) Unless requested due to the sudden unavailability of a witness, a deposition taken under this rule shall be filed with the board not later than one day prior to hearing, and shall be offered into evidence at hearing by the representative requesting the deposition, in lieu of the witness' live testimony at hearing. The cost of preparing a transcript of any testimony taken by deposition in lieu of live testimony shall be borne by the board. In the event of appeal, such costs shall be made a part of the cost of the hearing record. The expense of any video deposition shall be borne by the requestor. Any motion for a post-hearing deposition arising from the sudden unavailability of a witness shall be ruled upon by the hearing officer or presiding board member.

(D) Any deposition or transcript of prior testimony of a witness may be used for the purpose of refreshing the recollection, contradicting the testimony or impeaching the credibility of that witness. If only a part of a deposition of prior testimony is offered into evidence by a representative, the opposing representative may offer any other part. Nothing in this paragraph shall be construed to permit the taking of depositions for purposes other than those set forth in paragraph (A) of this rule.

(E) A transcript of testimony and exhibits from a prior proceeding may be introduced for any purpose if that prior proceeding forms the basis for the allegations in the current case. Upon offering part of a transcript or exhibit from a prior proceeding, the offering representative may be required by the opposing representative to present any other part of the offered item which should in fairness be considered contemporaneously with it.

(F) The content of investigative depositions taken by the board as part of its investigatory process may be introduced into evidence at hearing upon the motion for counsel for the state, if the respondent was given notice and an opportunity to attend the deposition. If the respondent was not given an opportunity to attend the deposition, the hearing officer may admit the deposition if the interests of justice require that it be so introduced.

R.C. 119.032 review dates: 08/27/2012 and 08/27/2017
Promulgated Under: 119.03
Statutory Authority: 4734.10 , 4734.48
Rule Amplifies: ORC 119, 4734.31 , 4734.45 , 4734.46 , 4734.47 , 4734.48
Prior Effective Dates: 8/12/02

4734-4-08 Witnesses; subpoenaes; witness fees.

(A) Witnesses.

(1) Testimony under oath: All witnesses at any administrative hearing or during any deposition in lieu of live testimony, shall testify under oath or affirmation.

(2) Legal counsel for witness: A witness may be accompanied and advised by legal counsel. Participation by counsel for a witness other than the respondent is limited to protection of that witness' rights, and the witness' legal counsel may neither examine nor cross-examine any witnesses.

(3) Refusal by witness to testify: Should a witness refuse to be sworn, refuse to answer a question ruled proper at a hearing or disobey a subpoena, the board may institute contempt proceedings pursuant to section 119.09 of the Revised Code.

(4) Hearing officer/board member incompetent as witness: The presiding hearing officer, because of his duties, shall not be a competent witness nor subject to deposition in any adjudication proceeding. Unless the testimony of a board member or a hearing officer is material to the factual allegations set forth in the notice of opportunity for hearing, board members and hearing officers shall not be competent witnesses nor subject to deposition in lieu of live testimony in any adjudication proceeding. Evidence from other persons relating to the mental processes of the presiding hearing officer or board members shall not be admissible.

(5) Recusal by hearing officer/board member: If the hearing officer/board member intends to serve as a witness, he/she shall recuse him or herself from presiding over, deliberating on, or ruling on the matter.

(6) Separation of witnesses: Any representative of record or the hearing officer or presiding board member may move for a separation of witnesses. Expert witnesses shall not be separated. In granting a separation order, the hearing officer or presiding board member shall permit the executive director of the board and any case investigator designated by the counsel for the state, to remain present at the hearing. Notwithstanding the respondent's intent to testify, he or she may also remain present. A board member may attend a hearing as a member of the audience. Each representative of record at a hearing shall inform the hearing officer or presiding board member of the identity of each potential witness for his case present in the hearing room. Failure to so identify potential witnesses may be grounds for their later disqualification as witnesses.

(7) Propriety of board action: No witnesses shall be permitted to testify as to the nature, extent, or propriety of disciplinary action to be taken by the board. A witness may, at the discretion of the hearing officer or presiding board member, testify as to an ultimate issue of fact.

(B) Subpoenaes.

(1) Procedure for issuance: Upon written request of either party in a precipe filed with the board, the board shall issue subpoenas for purposes of hearing to compel the attendance and testimony of witnesses and production of books, records and papers at the hearing. Each subpoena shall indicate on whose behalf the witness is required to testify. The precipe shall indicate the method of service of the subpoena, i.e. (personal, residence, certified mail, etc.) and who is to effect service (i.e. deputy sheriff, return to counsel for service, process server).

(2) Process servers: Any representative of record may move the hearing officer or presiding board member for the appointment of a special process server. The motion shall state the name of the proposed process server, the process server's occupation, business address, that the process server is at least 18 years of age and not employed by or a business associate of the respondent. The hearing officer or presiding board member may then appoint such applicant as a special process server for the board, authorized to serve subpoenas for that particular case. The board's executive director may appoint special process servers to serve any process or papers issued by the board on an ongoing basis. The executive director shall enter such appointment and the particulars on the journal of the board. The respondent is responsible for payment of any special process servers working on his or her behalf.

(3) Details of subpoena: For purposes of a hearing conducted under Chapter 119. of the Revised Code, subpoena requests shall specify the name and address of the individual to be served and the date, time and location at which they are to appear at the administrative hearing. If the subpoena includes a duces tecum request, the specific documents or tangible things to be produced at the administrative hearing shall be listed in the request.

(4) Time to file request for subpoena: Except upon leave of the board or its hearing officer or presiding board member, subpoena requests are to be filed with the board as provided in this chapter, at least twenty-one days in advance of the requested date of compliance, in order to allow sufficient time for preparation and service of the subpoenas.

(5) Excessive subpoenas: In the event that the number of subpoenas requested appears to be unreasonable, the board or its hearing officer or presiding board member may require a showing of necessity therefore, and, in the absence of such showing, may limit the number of subpoenas. Absent such a limitation, subpoenas shall be issued within five business days of request. Failure to issue subpoenas within this time may constitute sufficient grounds for the granting of a continuance.

(6) After the hearing has commenced, the board or its hearing officer or presiding board member may order the issuance of subpoenas for purposes of hearing to compel the attendance and testimony of witnesses and production of books, records and papers. Copies of such subpoenas shall be issued to the representatives as identified by the parties.

(7) Quashing subpoenas: Upon motion and for good cause, the board or its hearing officer or presiding board member may order any subpoena be quashed. Motions to quash shall be made in the manner provided in this chapter, except that motions to quash shall be filed at least five days prior to the date of compliance. The non-moving party may file a response no later than four days after service of the motion to quash or at least one day prior to the date of compliance, whichever is earlier. Unless a motion to quash has been granted, a witness shall attend the hearing to which he or she was subpoenaed. The board shall make a reasonable attempt to contact any witness whose subpoena has been quashed.

(8) Witnesses may not be subpoenaed to prehearing conferences. (C) Mileage reimbursement and witness fees.

(1) Mileage and witness fees shall be paid in the same manner as that allowed pursuant to section 119.094 of the Revised Code.

(2) The respondent may not subpoena him or herself.

(3) Mileage and witness fees shall not be paid to anyone who fails to register at the hearing for which he or she was subpoenaed.

Effective: 12/01/2012
R.C. 119.032 review dates: 09/10/2012 and 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4734.10 , 4734.48
Rule Amplifies: ORC 119, 4734.31 , 4734.45 , 4734.46 , 4734.47 , 4734.48
Prior Effective Dates: 8/12/02

4734-4-09 Evidence; judicial notice of board records; stipulations; certified copy of conviction deemed conclusive.

(A) The Ohio rules of evidence may be taken into consideration by the hearing officer or presiding board member in determining the admissibility of evidence, but shall not be controlling. The hearing officer or presiding board member may permit the use of electronic or photographic means for the presentation of evidence.

(B) The hearing officer or presiding board member shall admit evidence of any prior action entered by the state chiropractic board against the respondent, including formal disciplinary action or warning letters. The board may take administrative (judicial) notice of its own records and reports, upon timely notice to the respondent.

(C) Representatives of record may, by stipulation, agree on any or all facts involved in proceedings before the hearing officer or presiding board member. The hearing officer or presiding board member may thereafter require development of any fact deemed necessary for just adjudication.

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

R.C. 119.032 review dates: 08/28/2007 and 08/28/2012

Promulgated Under: 119.03

Statutory Authority: 4734.10

Rule Amplifies: 4734.31 , 4734.45 , 4734.46 , 4734.47 , 4734.48 , ORC 119

Prior Effective Dates: 8/12/2002

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, 4734.31 , 4734.45 , 4734.46 , 4734.47 , 4734.48
Prior Effective Dates: 8/12/02

4734-4-10 Limited discovery procedures.

(A) Any representative of record may serve upon the opposing representative of record a written request for a list of both the witnesses and the documents intended to be introduced at hearing. Within twelve days of service of that request, the opposing representative shall provide a response to the requesting representative. All final lists requested under this rule shall be exchanged no later than fourteen days prior to the commencement of the administrative hearing, unless leave from the hearing officer or presiding board member has been obtained.

(B) Failure without good cause to comply with paragraph (A) of this rule may result in exclusion from the hearing of such testimony or documents, upon motion of the representative to whom disclosure is refused.

(C) The hearing officer or presiding board member shall, upon written motion of any representative of a party, issue an order setting forth a schedule by which the parties shall simultaneously exchange hearing exhibits, identify lay and expert witnesses and exchange written reports from expert witnesses. Any written report by an expert required to be exchanged under the hearing officer's or presiding board member's order shall set forth the opinions to which the expert will testify and the bases for such opinions. The failure of a party to produce a written report from an expert under the hearing officer's or presiding board member's order may result in the exclusion of that expert's testimony at hearing. The failure of a party to produce an exhibit under the terms of the hearing officer's or presiding board member's order may result in the exclusion of that exhibit from evidence. The failure of a party to identify a lay or expert witness under the terms of the hearing officer's or presiding board member's order may result in the exclusion of that witness' testimony at hearing.

(D) The hearing officer or presiding board member may order any additional pre-hearing discovery that, in the hearing officer's or presiding board member's judgment, will assist the board in developing a full and fair record.

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, 4734.31 , 4734.45 , 4734.46 , 4734.47 , 4734.48
Prior Effective Dates: 8/12/02

4734-4-11 Motions.

(A) Except as otherwise provided in this chapter or Chapter 119. of the Revised Code, all motions, unless made upon the record at the hearing, shall be made in writing. A written motion shall state with particularity the relief or order sought, shall be accompanied by a memorandum setting forth the grounds therefore, and shall be filed in compliance with this chapter. A proposed entry may accompany any motion. All motions except for motions for continuance and those motions filed subsequent to the close of the hearing shall be filed with the board no later than fourteen days before the date of hearing, unless express exception is granted by the hearing officer, presiding board member, or by this chapter. All motions and briefs shall contain the name, address, telephone number, and if available the facsimile number and electronic mail address of the person submitting the motion or brief and shall be appropriately captioned to indicate the name of the respondent and the board's case number.

(B) All motions, together with supporting documentation, if any, shall be served as follows:

(1) Any motion to be served on a representative of record may be served personally, by fax, by electronic mail, by United States mail, or other delivery service. Service shall be made upon the representative as identified in this chapter. Service is complete on the date of transmittal, date of mailing, or on personal service of the document.

(2) A motion shall be considered by the hearing officer or presiding board member only if a certificate of service appears on it. Any signed statement is an acceptable certificate of service so long as it contains all of the following information:

(a) Date of service;

(b) Method by which service was made;

(c) Address where service was made;

(d) Name of the person or authority who was served; and

(e) The signature of the representative of record.

All motions and briefs shall contain the name, address, and telephone number of the person submitting the motion or brief and shall be appropriately captioned to indicate the name of the respondent.

(C) Within ten days after service of a written prehearing motion, or such other time as is fixed by the hearing officer or presiding board member, a response to that motion may be filed. A movant may reply to a response only with the permission of the hearing officer or presiding board member.

(D) Before ruling upon a written motion, the hearing officer or presiding board member shall consider all memoranda and supporting documents filed. The hearing officer or presiding board member may enter a written ruling and shall issue copies to the representatives of record. In the alternative, the hearing officer or presiding board member may issue a ruling on the motion on the record at the hearing. The ruling on all oral motions made at hearing shall be included in the record, except where the hearing officer or presiding board member elects to take the motion under advisement and the hearing officer or presiding board member may issue a written ruling at a later time. The hearing officer or presiding board member shall include in each written ruling on a motion a statement of the reasons therefore.

(E) Upon motion by any representative of record, the hearing officer or presiding board member may consolidate two or more hearings into a single hearing. If different hearing officers or presiding board members are assigned to the hearings, the board president shall rule on the motion and determine which hearing officer or presiding board member will preside.

(F) Petitions to intervene shall not be permitted. However, with leave of the hearing officer or presiding board member, an interested party may file a brief on a case within ten days of an administrative hearing for the hearing officer's, presiding board member's and board's consideration.

(G) Except as otherwise provided in this chapter or Chapter 119. of the Revised Code, rulings on all substantive motions filed subsequent to the issuance of the report and recommendation shall be rendered by the board, and rulings on all procedural motions may be rendered by the president acting on its behalf.

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, 4734.31 , 4734.45 , 4734.46 , 4734.47 , 4734.48
Prior Effective Dates: 8/12/02

4734-4-12 Pre-hearing conferences; status conferences.

(A) The hearing officer or presiding board member shall, upon request of either party, schedule a prehearing conference, or may do so on the hearing officer's or presiding board member's own initiative. Further, the hearing officer or presiding board member may direct participation by the representatives of record in such a prehearing conference

(B) Prehearing conferences may be held for the following purposes:

(1) Identification of issues;

(2) Obtaining stipulations and admissions;

(3) Agreements limiting the number of witnesses;

(4) Discussion of documents, exhibits, and witness lists;

(5) Estimating the time necessary for hearing;

(6) Discussion of any other matters tending to expedite the proceedings.

(C) All representatives of record shall attend the prehearing conference fully prepared to discuss the items enumerated in paragraph (B) of this rule.

(D) Procedural orders may be issued by the hearing officer or presiding board member based upon information obtained at a prehearing conference.

(E) With or without written motion from the representative of any party, the hearing officer or presiding board member may convene a status conference with representatives of the parties to address any matter related to preparation for hearing or the conduct of a hearing. The hearing officer or presiding board member may issue such orders related to preparation for hearing and the conduct of the hearing which in the judgment of the hearing officer or presiding board member facilitates the just and efficient disposition of the subject of the hearing.

(F) Pre-hearing conferences and status conferences may be held via whatever medium is permitted by the hearing officer or presiding board member, i.e. in-person, via telephone, via videoconference, or otherwise.

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, 4734.31 , 4734.45 , 4734.46 , 4734.47 , 4734.48
Prior Effective Dates: 8/12/02

4734-4-13 Post hearing procedures; reports and recommendations; newly discovered evidence; addressing the board.

(A) Deadline for report: Within forty-five days following the close of an adjudication hearing conducted pursuant to Chapter 119. of the Revised Code, the hearing officer shall file with the board a written report setting forth the hearing examiner's findings of fact, conclusions of law and a recommendation of the action to be taken by the board, in the form of a proposed order. Any requests by the hearing officer to extend the time to file the report must be submitted to the board office and approved by the board president. The hearing shall not be considered closed until such time as the record is complete, as determined by the hearing officer.

(B) Issuing the report to parties: A copy of such written report shall be transmitted to the representatives of record by the executive director of the board. The copy issued to the respondent's representative of record shall be accompanied by notice of the date the report and recommendation is to be considered by the board.

(C) Objections to report: The respondent's representative of record may, within ten days of his or her receipt of the hearing officer's report and recommendation, file written objections to the report and recommendation. Only those objections filed in a timely manner shall be considered by the board before approving, modifying, or disapproving the hearing officer's recommendation.

(D) Extensions of time for objections: Upon written request, the board may grant extensions of the time within which to file objections. In the event that the board is not in session, the board president may grant such extensions.

(E) Board consideration of report: The board shall consider the hearing officer's report and recommendation and any objections thereto at its next regularly scheduled meeting, after the time for filing objections has passed. At that time, the board may order additional testimony to be taken or permit the introduction of further documentary evidence, or it may act upon the report and recommendation. For purposes of taking such additional testimony or documentary evidence, the board may remand the case back to the hearing officer.

(F) Newly discovered evidence: Any motion to reopen the hearing record for purposes of introducing newly discovered material evidence which, with reasonable diligence could not have been discovered and produced at the hearing shall be made in the manner provided in this chapter. Such motion to reopen shall be filed not later than ten days prior to the scheduled consideration by the board of the hearing officer's report and recommendation and any objections thereto. If such motion is filed prior to the issuance of the hearing officer's report and recommendation, the hearing officer shall rule on the motion. If such motion is filed subsequent to the issuance of the hearing officer's report and recommendation, the board shall rule upon the motion.

(G) Addressing the board: Without leave of the board, the respondent or any representative of record shall not be permitted to address the board at the time of consideration of the hearing officer's report and recommendation. Any request for such leave shall be filed by motion no less than five days prior to the date the report and recommendation is to be considered by the board and shall be served upon the other representative of record. If a request to address the board is granted, the opposing representative may also address the board.

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, 4734.31 , 4734.45 , 4734.46 , 4734.47 , 4734.48
Prior Effective Dates: 8/12/02

4734-4-14 Requesting adjudication hearing; timing of hearing; notification of hearing; requirements for filing; calculation of time; transcripts.

(A) Requesting adjudication hearing: In order to request a hearing under Chapter 119. of the Revised Code, a respondent or his or her representative must, in accordance with paragraph (C) of this rule, file in writing a statement requesting such adjudication hearing. Such request must be received in the board office within thirty days of the date of mailing of the board's notice of opportunity for hearing. The date of mailing shall be the date appearing on the certified mail receipt.

(B) Timing of adjudication hearing: A respondent or his or her representative properly filing a request for an adjudication hearing shall be entitled to such adjudication hearing within fifteen days but not sooner than seven days after such request has been filed unless both representatives agree otherwise or a continuance is granted pursuant to section 119.09 of the Revised Code and this chapter. Written notice specifying the date, time and place set for hearing shall be mailed by certified mail or served in accordance with section 4734.48 of the Revised Code, to the respondent's representatives as identified pursuant to this chapter.

(C) Requirements for filing: A document is filed when it is received and date stamped in the offices of the state chiropractic board during normal business hours. The burden of ensuring that the document(s) is properly filed is borne by the party filing the document(s).

(D) Calculation of time: The date of occurrence of the event causing time to run is not counted in the computation of any time limit under this chapter. The last day of the period is included in the computation of the time limit. If the last day of a period is not a regular business day, the time period runs through the end of the next regularly scheduled business day. The board or its hearing officer or presiding board member may extend the time for filing or responding to motions and briefs. Requests for extension of time shall be made in writing and filed as provided in this rule prior to the expiration of any applicable time limit. Requests for extension of time shall be served as provided in this chapter.

(E) Hearing transcripts: Duplicate transcripts of the stenographic record taken of hearings may be obtained directly from the court reporter at the requestor's expense before or after receipt of the original transcript by the board. Upon request made to the board, a copy of the original hearing transcripts may be reviewed at the board office. Copies may be prepared at the requestor's expense. Original transcripts shall not be removed from the board office.

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, 4734.31 , 4734.45 , 4734.46 , 4734.47 , 4734.48
Prior Effective Dates: 8/12/02