Chapter 4775-3 Ohio Motor Vehicle Collision Repair Board; Hearings

4775-3-01 Notice of hearing.

(A) Any motor vehicle collision repair business who is in violation of section 4775.02 of the Revised Code, shall be afforded the opportunity for a hearing, as required by sections 119.01 to 119.13 of the Revised Code, prior to the imposition of fines or business closure.

(B) When, in the opinion of the board, reasonable grounds exist to not issue, or not renew a registration certificate, i.e. violation of the rules governing the registration of a motor vehicle collision repair operator or business, the executive director shall send a notice of opportunity for hearing by certified mail, return receipt requested, to the applicant cited at the address specified in the application for registration. Such notice shall specify the alleged violations of the Revised Code or the rules of the board, and shall apprise the applicant or registration certificate holder, of their right to request an adjudicatory hearing on the matter.

Effective: 01/10/2011
R.C. 119.032 review dates: 10/05/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.09
Prior Effective Dates: 12/02/2005

4775-3-02 Date, time and place of hearing.

Upon written request by an applicant whose registration has not been renewed or issued, which request must occur within thirty days after receipt of the notice of opportunity for hearing, the board must set the date, time and place of hearing, and immediately notify the registration applicant or his/her appointed representative. The date, time and place for such hearing shall be determined by the board. Notice to the registration applicant as to the date, time and place for hearing shall be provided by the board within seven to fifteen days after the party has requested a hearing. If the registration applicant fails to respond to the notice of opportunity for hearing within thirty days, the board may consider the violation(s) as proven and may, in its discretion and without a hearing, disapprove the registration application, levy administrative fines and enter decisions in its journal.

Effective: 01/10/2011
R.C. 119.032 review dates: 10/05/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.09
Prior Effective Dates: 12/02/2005

4775-3-03 Appointment of hearing examiner or referee; report of findings and recommendations.

(A) The board, in its discretion, may appoint a referee or examiner to conduct the hearing. The referee or examiner shall have the same powers and authority in conducting the hearing as is granted to the agency. Such referee or examiner shall have been admitted to the practice of law in the state and be possessed of such additional qualifications as the agency requires.

(B) Upon the conclusion of an adjudicatory hearing the referee or examiner shall submit to the agency a written report setting forth his/her findings of fact and conclusions of law and a recommendation of the action to be taken by the agency. A copy of such written report and recommendations of the referee or examiner shall within five days of the date of filing thereof, be furnished to the party or his/her attorney or other representative of record, by certified mail, return receipt requested or other means of registered receipt delivery.

Effective: 01/10/2011
R.C. 119.032 review dates: 10/05/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.09
Prior Effective Dates: 12/02/2005

4775-3-04 Continuances.

(A) Any hearing may be postponed or continued by the board on its own motion, or within the discretion of the board at the request of the registration applicant for such period of time and upon such terms as the board may prescribe, subject to paragraph (C) of this rule.

(B) The registration applicant requesting a continuance shall submit to the board, at least five days prior to the date set for the hearing, a written request, stating the reason(s) for the desired continuance. Verified statements setting out the grounds for the continuance shall be filed with the request.

(C) A hearing, if requested by an applicant pursuant to the rules adopted by the board, shall be conducted within one year from the date the board determined the motor vehicle collision repair operator's registration application was not in compliance with its registration requirements and thus, a registration certificate not be issued or renewed.

Effective: 02/20/2011
R.C. 119.032 review dates: 11/15/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.09
Prior Effective Dates: 1/21/99, 12/2/05

4775-3-05 [Rescinded] Evidence.

Effective: 01/10/2011
R.C. 119.032 review dates: 10/05/2010
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.09
Prior Effective Dates: 12/02/2005

4775-3-06 Stenographer's record.

(A) Only at adjudication hearings in which the record may be the basis of an appeal to a court, will a stenographic record of the testimony and other evidence submitted be taken. The stenographic recording in those instances shall be taken at the expense of the board.

(B) If an adjudication order is made without a stenographic record of the hearing, the board shall, upon request of the party, afford a hearing or rehearing for the purpose of making such a record which may be the basis of an appeal to court.

Effective: 02/20/2011
R.C. 119.032 review dates: 11/15/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.09
Prior Effective Dates: 1/21/99, 12/2/05

4775-3-07 Hearing procedure.

In all hearings before the board, the procedure shall be as follows:

(A) The board or it's referee or examiner may request or permit the filing of briefs and attached exhibits.

(B) The attorney general concisely may state his/her case, and may briefly state his/her evidence to sustain it.

(C) The registration applicant or his/her attorney, may then briefly state his/her case, and briefly may state his/her evidence in support of it.

(D) The attorney general first must produce and submit his/her evidence, and the registration applicant or his/her attorney must then produce and submit his/her evidence.

(E) The attorney general may offer evidence in rebuttal.

(F) The board or its appointed referee or examiner may hear arguments.

(G) The attorney general and the applicant or his/her attorney may produce, examine, cross-examine, and take testimony from witnesses. Witnesses may also be produced, examined, and testimony taken from to rebut the testimony of other witnesses.

(H) The attorney general and the applicant or his/her attorney may present closing or summary arguments.

(I) The board, if presiding at a hearing, shall then retire to weigh and consider the evidence and shall timely deliver a decision to the applicant. If, in its discretion, the board has appointed a referee or examiner to preside at the hearing, the appointed representative shall then retire to weigh and consider the evidence presented and shall prepare a report and recommendation(s) to be timely delivered to the board for its consideration.

Effective: 01/10/2011
R.C. 119.032 review dates: 10/05/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.09
Prior Effective Dates: 12/02/2005

4775-3-08 Board approval, modification, or disapproval of referee's or examiner's findings and recommendation.

(A) No recommendation of the referee or examiner may be approved, modified, or disapproved by the agency until after ten days after service of such report and recommendation upon the registrant. The recommendation of the referee or examiner may be approved, modified, or disapproved by the board, and the order of the board based on such report, recommendation, transcript of testimony and evidence, or objections of the parties, and additional testimony and evidence shall have the same effect as if such hearing had been conducted by the board.

(B) No such recommendation shall be final until confirmed and approved by the board as indicated by the order entered on its record of proceedings, and if the board modifies or disapproves the recommendation of the referee or examiner it shall include in the record or its proceedings the reasons for such modification or disapproval.

Effective: 02/20/2011
R.C. 119.032 review dates: 11/15/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.09
Prior Effective Dates: 1/21/99, 12/2/05

4775-3-09 Decision of the board.

(A) After submission of the referee's or examiner's recommendation to the board, the board may retire and deliberate immediately or take the case under advisement.

(B) The decision of the board shall be written and a copy of such decision shall be mailed to the party by certified mail, return receipt requested, and a copy mailed to the attorney for the party, if any. A copy shall be forwarded to the attorney general.

Effective: 02/20/2011
R.C. 119.032 review dates: 11/15/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.09
Prior Effective Dates: 1/21/99, 12/2/05

4775-3-10 Party's objections to board's, referee's or examiner's findings and recommendations.

(A) The party may, within ten days of receipt of the board's, referee's or examiner's written report and recommendation, file with the agency written objections to the report and recommendation, which objections shall be considered by the agency before approving, modifying, or disapproving the recommendation.

(B) The board may grant extensions of time to the registrant within which to file such objections.

Effective: 02/20/2011
R.C. 119.032 review dates: 11/15/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.09
Prior Effective Dates: 1/21/99, 12/2/05

4775-3-11 Appeal by party adversely affected.

Any party adversely affected by any order of an agency issued pursuant to an adjudication denying the issuance or renewal of a license or registration may appeal from the order of the agency to the court of common pleas .

Effective: 01/10/2011
R.C. 119.032 review dates: 10/05/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.09
Prior Effective Dates: 12/02/2005