4761:1-12-15 Reports and recommendations.

(A) If the board uses a hearing examiner to hear a case, the hearing examiner shall submit a written report setting forth the proposed findings of fact and conclusions of law and recommendations of the action to be taken by the board within thirty days following the close of an adjudication hearing conducted pursuant to Chapter 119. of the Revised Code. The hearing shall not be considered closed until such time as the record is complete, as determined by the hearing examiner. Failure of the hearing examiner to issue the report and recommendation within thirty days after the hearing record is closed does not constitute in and of itself grounds for dismissal of the charges against respondent.

(B) A copy of such written report shall be issued to the representatives of record as identified in rule 4761:1-12-01 of the Administrative Code. 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) The respondent's representative of record may, within ten days of his receipt of the hearing examiner'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 examiner's recommendation.

(D) Upon written request, the board may grant extensions of the time within which to file objections. In the event that the full board is not in session, the appointed hearing officer may grant such extensions.

(E) The board shall consider the hearing examiner'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 act upon the report and recommendation. For purposes of taking such additional testimony or documentary evidence, the board may remand to the hearing examiner.

(F) 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 rules 4761:1-12-03 , 4761:1-12-04 , and 4761:1-12-05 of the Administrative Code. Such motion to reopen shall be filed not later than three days prior to the scheduled consideration by the board of the hearing examiner's report and recommendation and any objections thereto. If such motion is filed prior to the issuance of the hearing examiner's report and recommendation, the hearing examiner shall rule on the motion. If such motion is filed subsequent to the issuance of the hearing examiner's report and recommendation, the board shall rule upon the motion.

(G) Any request for leave to address the board 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. No such leave shall be granted unless the opposing representative has been actually notified of the request and given opportunity to respond. 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 examiner's report and recommendation.

(H) If a request to address the board is granted, the opposing representative may also address 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
Prior Effective Dates: 05/23/2005