Lawriter - OAC - 5101:6-8-02 State hearings: county reviews.

5101:6-8-02 State hearings: county reviews.

(A) Any local agency that disagrees with a state hearing decision, to which it was a party, may request that the decision be reviewed by the bureau of state hearings, through a process similar to the administrative appeal process described in rule 5101:6-8-01 of the Administrative Code.

(1) The request shall be signed by the agency director and received by the bureau of state hearings no later than thirty days after the decision was mailed. In lieu of a hard copy request, requests for county review can be made via E-mail from the agency director.

(2) The request shall include the reason why the director would like the decision reviewed. A decision will be reviewed if the director asserts the decision relies on an incorrect application of the law or rule.

(3) The request for review shall not stay the implementation of the state hearing decision nor shall it change the outcome of the state hearing decision.

(4) If the written request does not meet the requirements of paragraphs (A)(1) and (A)(2) of this rule, the bureau of state hearings shall dismiss the request for review by sending written notice of dismissal to the local agency.

(5) Once a request is accepted for review, the bureau of state hearings shall issue a county review decision, within thirty days from the date the request for review is received. Copies of the review decision shall be sent to all hearing supervisors and hearing officers in state hearings, the relevant policy areas and the local agency.

(B) The medical determination units identified in rule 5101:6-6-01 of the Administrative Code, may also request county review of a state hearing decision to which they are a party by following the procedures outlined in paragraph (A) of this rule. The written request, either in hard copy or via e-mail however, shall be submitted by the chief of the bureau that retains administrative responsibility for that unit.

(C) State hearings shall maintain a library of all county review decisions. The decisions shall be available for public inspection and copying, subject to applicable disclosure safeguards.

Effective: 3/1/2019
Five Year Review (FYR) Dates: 11/27/2018 and 03/01/2024
Promulgated Under: 119.03
Statutory Authority: 5101.35
Rule Amplifies: 5101.35 , 5160.011
Prior Effective Dates: 06/01/2003, 09/01/2008, 02/28/2014