(A) Definitions.
For purposes of this rule:
(1) "Affected
party" means any public employer, public employee, or public employee
representative affected by an order, rule or Ohio employment risk reduction
standard proposed, adopted, or otherwise issued pursuant to this
chapter.
(2) "Program
action" means the proposal, adoption, or issuance of the order, rule, or
standard under this chapter.
(B) Request of hearing from the
superintendent.
Any affected party may request, within fourteen
calendar days of a program action, a hearing from the superintendent.
(1) The superintendent
shall appoint a hearing officer within fourteen calendar days of the receipt of
the request.
(2) The hearing officer
shall hold a hearing within fourteen calendar days of appointment. The hearing
will be held in conformance with the procedures outlined in section 119.09 of
the Revised Code.
(a) Continuances may be ordered by the hearing officer on
the superintendent's own motion, or may be granted by the hearing officer
on motion or application of any party filed in writing and showing good and
sufficient cause for the continuance.
(b) The parties may, by stipulations filed in writing with
the hearing officer or orally presented at the hearing, agree on any facts
involved in the proceedings, but the hearing officer may thereafter require
development of any fact necessary to a proper determination of a
controversy.
(3) The hearing officer
shall render a decision within fourteen calendar days of the
hearing.
(4) The hearing
officer's decision shall be a final order after thirty days,
unless:
(a) Within thirty days, the adversely impacted party
appeals the decision to the superintendent pursuant to paragraph (C) of this
rule; or
(b) The superintendent, on the superintendent's own
motion, modifies or reverses the decision within thirty days which shall be a
final order after thirty days of issuance if the superintendent's
decision has not been appealed pursuant to paragraph (D) of this
rule.
(C) Appeal of hearing officer's
decision to superintendent.
A public employer, public employee, or public
employee representative may appeal the decision of the hearing officer to the
superintendent pursuant to Chapter 119. of the Revised Code, provided that the
appeal is made within thirty days of the receipt of the hearing officer's
decision.
(1) The superintendent
will review the record of the hearing and issue a determination within thirty
days of receipt of the appeal of the hearing officer's
decision.
(2) The
superintendent's determination shall be a final order after thirty days of
issuance if it has not been appealed pursuant to paragraph (D) of this
rule.
(D) Appeal of superintendent's determination to
court.
An affected party that has received a
determination by the superintendent under paragraph (B)(4)(b) or paragraph
(C)(1) of this rule may, within thirty calendar days of issuance of the
determination, appeal to the court of common pleas of Franklin county or the
court of common pleas of the county in which the alleged violation occurred,
pursuant to section 4167.16 of the Revised Code.
