(A) Denial of an application for
licensure or any proposed action against a license shall be in accordance with
Chapter 119. of the Revised Code.
(1) Pursuant to section
119.07 of the Revised Code, a request for an administrative hearing on the
proposed action shall be received by the athletic trainers section within
thirty days of the mailing of the notice of opportunity for a
(2) If a request for an
administrative hearing is not received by the athletic trainers section within
thirty days of the mailing of the notice of opportunity for a hearing, the
section, upon consideration of the charges cited, may take appropriate action
in the absence of the applicant or license holder.
(3) Pursuant to section
4755.031 of the Revised Code, a person sanctioned under section 4755.64 of the
Revised Code shall pay a fee in the amount of the actual cost of the
administrative hearing, including the cost of the court reporter, the hearing
officer, transcripts, and any witness fees for lodging and travel.
(B) The athletic trainers section may
deny, suspend, or revoke the license of any person or reprimand, fine, or place
a license holder on probation for violation of any provision of Chapter 4755.
of the Revised Code or any lawful order or rule of the section.
(C) If the physical or mental condition
of a license holder is at issue in a disciplinary proceeding, the athletic
trainers section may order the license holder to submit to reasonable
examinations by a health care practitioner designated or approved by the
section at the cost of the license holder.
(D) In the event the license of an
athletic trainer is suspended or revoked by the athletic trainers section
pursuant to violation of any provision of sections 4755.60 to 4755.65 of the
Revised Code or violation of any lawful order or rule of the athletic trainers
section, the athletic trainer shall, upon receipt of the final order or rule of
the athletic trainers section, immediately surrender to the board office all
evidence of the person's license, including the wall
Any photocopies of the wall certificate
maintained in offices of employment shall be retrieved by the athletic trainer
This rule shall apply in the case of consent
agreements which may result in the voluntary surrender of a license by an
(E) In accordance with division (D) of
section 4755.64 of the Revised Code, if the athletic trainers section
determines that a license holder poses an immediate threat to the public, the
section shall immediately suspend the license of the athletic trainer prior to
holding a hearing in accordance with Chapter 119. of the Revised Code. If the
license holder fails to make a timely request for an adjudication under Chapter
119. of the Revised Code, the section shall enter a final order permanently
revoking the person's license.
(F) The hearings and investigations
related to sections 4755.60 to 4755.65 of the Revised Code shall be considered
civil actions for the purposes of section 3123.43 of the Revised Code.
Notwithstanding section 121.22 of the Revised Code, proceedings of the athletic
trainers section relative to the investigation of a complaint or the
determination whether there are reasonable grounds to believe that a violation
of Chapter 4755. of the Revised Code allegedly occurred are confidential and
are not subject to discovery in any civil action.
(G) If requested by the athletic trainers
section, the prosecuting attorney of a county, the village solicitor, or the
city director of law of a municipal corporation, whenever a violation of
Chapter 4755. of the Revised Code allegedly occurs, shall take charge of and
conduct the prosecution.
(H) In addition to any other remedy
provided in Chapter 4755. of the Revised Code, the athletic trainers section
may request the attorney general or an appropriate prosecuting attorney to
apply to an appropriate court for an order enjoining the violation of Chapter
4755. of the Revised Code. On a showing that a person has violated or is about
to violate Chapter 4755. of the Revised Code, the court shall grant an
injunction, restraining order, or other order as appropriate. The injunction
proceedings are in addition to all penalties and other remedies provided in
Chapter 4755. of the Revised Code.