4779-11-04 Motion or request for extension of time and addressing the board regarding a hearing.

(A) Except as otherwise provided in Chapter 119. of the Revised Code or rules of the board, any motion or request for an extension of time in which to file a motion, brief, or objection, unless made upon the record at the hearing, shall be made in writing and filed with the board. The decision with respect to a request for an extension of time shall be rendered by the board or, if the board is not in session, by the president of the board acting on behalf of the board.

(B) The board shall adhere to all timelines set by the Revised Code or by the hearing examiner. No motion for an extension of time shall be granted by the board unless:

(1) The party filing the motion demonstrates that an extraordinary situation exists which could not have been anticipated and which would justify the granting of a motion for extension of time; and

(2) The respondent or respondent's representative of record can show that no harm to the public will result from the delay in the proceedings. In making a determination about harm to the public, the board may consider whether the respondent holds a current, valid license to practice under R.C. 4779 in Ohio, whether the license has been suspended, or whether the license has been voluntarily surrendered.

(C) Without leave of the board neither respondent nor any representative of record shall be permitted to address the board at the time of the board's consideration of the hearing examiner's report and recommendation. Any request for such leave shall be filed by motion no less than three business 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 of record has been actually notified of the request and given an opportunity to respond. The board, or if the board is not in session, the board president acting on behalf of the board, shall render a decision as to whether to permit respondent or a representative of record to address the board. If a request to address the board is granted, the opposing representative may also address the board.

(D) If a request to address the board is granted, the parties shall speak no longer than ten minutes each, inclusive of any questions and answers. The time to address the board may be divided, consistent with the approach used for appellate practice, if such division is mutually agreed to by both parties and approved by the board.

R.C. 119.032 review dates: 12/27/2012 and 10/01/2017
Promulgated Under: 119.03
Statutory Authority: 4779.08
Rule Amplifies: 119.06 , 119.09 , 4779.08 , 4779.28
Prior Effective Dates: 01/23/03