(A) For the purpose of this chapter of the Administrative Code:
(1) "Respondent" means the person to whom the board has issued a notice of opportunity for hearing as provided in Chapter 119. of the Revised Code.
(2) "Hearing examiner" means the attorney appointed by the board to conduct a hearing pursuant to section 119.09 of the Revised Code.
(3) "Representative of record" means the respondent or legal counsel for respondent who has filed a notice of appearance in accordance with rule 4779-11-02 of the Administrative Code and the assistant attorney general representing the state of Ohio.
(B) The compilation of all time periods set forth in this chapter of the Administrative Code shall be in accordance with section 119 of the Revised Code.
(C) Filing or mailing a motion or notice for a board adjudication proceeding shall be in accordance with the following:
(1) Any notice specifying the date, time, and place for a hearing shall be mailed by certified mail to respondent and, if applicable, to counsel for respondent who has filed a notice of appearance in accordance with rule 4779-11-02 of the Administrative Code.
(2) The date of mailing any document concerning a board adjudication proceeding, including, but not limited to, a notice of opportunity or adjudication order, shall be the date appearing on the certified mail receipt, if inscribed by the USPS, or the next business day following the date mailed as indicated by board records.
(3) A document is filed with the board when the document is received and time stamped at the board office located in Columbus, Ohio.
(D) A certified copy of a conviction, plea of guilty to, or a judicial finding of guilt of any crime from a court of competent jurisdiction shall be conclusive proof of the commission of all elements of that crime.
(E) The "Ohio rules of evidence" may be taken into consideration by the board or the hearing examiner in determining the admissibility of evidence but shall not be controlling. The board or hearing examiner may permit the use of electronic or photographic means for presentation of evidence.
(F) The board may consider circumstances when making a decision regarding charges or disciplinary action. Circumstances the board may consider include, but are not limited to the following:
(1) Whether the act is willful, intentional, irresponsible, or unintentional;
(2) The frequency of the occurrence of the act at issue;
(3) Whether the act represents a pattern of commissions or omissions;
(4) The outcome of a licensee's or applicant's actions; or
(5) The level of harm or potential harm to a client.
R.C. 119.032 review dates: 12/27/2012 and 01/02/2018
Promulgated Under: 119.03
Statutory Authority: 4779.08
Rule Amplifies: RC 119.06, 119.09, 4779.08, 4779.28
Prior Effective Dates: 01/23/03, 01/23/08