4759-8-29 Settlements, dismissals, and voluntary surrenders.

(A) Any matter which is the subject of a hearing may be settled at any time prior to the close of the hearing record. If settlement negotiations are to continue after the close of the hearing record, the representatives of record must, within ten days of the close of the hearing, jointly present the attorney hearing examiner or presiding board member with written notice specifying a period of time, not to exceed thirty days, for which the record is to be held open for purposes of negotiation. Such notice shall toll the thirty-day time period for issuance of finding of fact and conclusions of law pursuant to rule 4759-8-15 of the Administrative Code. If the attorney hearing examiner has not received appropriate written notice that a settlement agreement has been executed within the time period specified by the representatives' joint notice, the tolling of the attorney hearing examiner's thirty-day period for issuance of findings of fact and conclusions of law shall cease, no further settlement negotiations shall be undertaken, and no settlement agreement shall be executed in lieu of the issuance of a final order by the board.

(B) Settlement shall be negotiated on behalf of the board by the probable review panel. Concurrence of the full board will be required prior to the execution of any settlement agreement containing terms not in conformity with disciplinary guidelines previously adopted.

(C) All settlement agreements shall be in writing and shall be signed by the respondent and chairman of the board.

The representative from the office of the attorney general and the respondent's attorney, if any, shall sign the agreement in their representative capacities.

(D) Signed settlement agreements shall be submitted for ratification by the board.

(E) Authorization to enter a notice of dismissal must be received from the presiding board member or chairman. Such a notice may be entered at any time prior to closing of the hearing record. If negotiations are to be continued and the hearing record has been closed, the procedures in paragraph (A) of this rule must be followed. Any notice of dismissal must be signed by the board's chariman.

(F) In the event that the board issues an amended notice of opportunity for hearing, the original notice of opportunity for hearing is automatically superseded by the amended notice. To request a hearing pursuant to Chapter 119. of the Revised Code, the respondent must file a new hearing request in response to the amended notice of opportunity for hearing.

R.C. 119.032 review dates: 12/20/2012 and 12/20/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 119, 4759.09, 4759.07(A)(1)
Prior Effective Dates: 03/15/03