Chapter 4761:1-11 Disciplinary Procedures

4761:1-11-01 Administrative procedure for refusal to issue or renew a license, suspend, or revoke a license or impose a fine or other disciplinary action.

(A) Hearings held pursuant to proposed board action shall be in compliance with Chapter 119. of the Revised Code, including the following:

(1) A notice to be sent to the licensee by certified mail, of which receipt by a person employed by the facility shall constitute acceptable delivery, informing the license holder of the hearing on the proposed board action.

(2) The notice shall include a reason or reasons for such proposed action, the law or rule allegedly violated, and a statement informing the license holder of entitlement to a hearing, if requested, within thirty days of the time of mailing of the notice.

(3) The notice shall inform the licensee that he/she may appear in person, submit contentions in writing, or be represented by an attorney, and that the licensee may present evidence and examine witnesses at the hearing.

(4) In order to request a hearing under Chapter 119. of the Revised Code, a respondent representing the licensee or the respondent's attorney must, in accordance with rule 4761:1-12-03 of the Administrative Code, file in writing a statement requesting such adjudication hearing within thirty days of the date of mailing of the board's notice of opportunity for hearing, or final publication in a newspaper having general circulation in the respondent's county of residence. The date of mailing shall be the date appearing on the certified mail receipt.

(5) A respondent representing the licensee or the respondent's 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 a request has been filed, unless both representatives agree otherwise or a continuance is granted pursuant to section 119.09 of the Revised Code and rule 4761:1-12-14 of the Administrative Code.

R.C. 119.032 review dates: 05/06/2010 and 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(11)
Rule Amplifies: 4752.09 , 119
Prior Effective Dates: 05/23/2005

4761:1-11-02 Board imposition of penalties.

(A) A license holder found by the board to be in violation of section 4752.09 of the Revised Code may have a license suspended, revoked or permanently revoked by the board. In addition, the board may take other disciplinary action or fine violators as provided for in division (A) of section 4752.09 of the Revised Code, not more than five thousand dollars nor less than five hundred dollars.

(B) A certificate of registration holder found to have the accreditation upon which the certificate of registration was issued revoked, suspended or otherwise no longer valid may have the certificate of registration suspended or revoked by the board.

(C) Upon suspension, revocation or nonrenewal of a license or certificate of registration, the facility shall return the license certificate or certificate of registration to the board, within thirty days after the disciplinary action goes into effect.

R.C. 119.032 review dates: 05/06/2010 and 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(11)
Rule Amplifies: 4752.09
Prior Effective Dates: 05/23/2005

4761:1-11-03 Filing a request with the Ohio attorney general's office for injunctive relief or civil penalties.

(A) Upon determining that a person or persons has offered, is offering, or is threatening to offer HME services to the public without valid authorization and in violation of section 4752.02 of the Revised Code, the board may file a request with the Ohio attorney general asking that a civil action for appropriate relief be filing with the court of common pleas in the county in which the violation has occurred, is occurring, or threatens to occur. The report shall include the following:

(1) The name and address of the alleged violator;

(2) The findings and conclusions of the board with reference to evidence obtained during the course of investigation;

(3) Summary of the board's actions to prevent or restrict the actions of the alleged violator and the dates such action was commenced; and

(4) The specific relief being sought by the board in compliance with division (A) of section 4752.19 of the Revised Code.

(B) The request must be signed by the president of the Ohio respiratory care board, following approval of the request by motion of the board.

R.C. 119.032 review dates: 05/06/2010 and 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(11)
Rule Amplifies: 4752.09 , 4752.19
Prior Effective Dates: 05/23/2005

4761:1-11-04 Other disciplinary action.

In accordance with division (A) of section 4752.09 of the Revised Code, the board may take other disciplinary action for violating any grounds contained in divisions (A)(1) to (A)(12) of that section. The following additional disciplinary actions may be imposed by the board pursuant to this section:

(A) The board may refuse to issue or renew a license;

(B) The board may place a licensee on probation and impose conditions upon the licensee as in the determination of the board is required;

(C) The board may reprimand a licensee; or

(D) The board may impose restrictions on a licensee as required.

R.C. 119.032 review dates: 05/06/2010 and 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(11)
Rule Amplifies: 4752.09(a)
Prior Effective Dates: 05/23/2005