Ohio Administrative Code › Title 4301:1 - Liquor Control Commission › Chapter 4301:1-1 - General Provisions › Section 4301:1-1-65 - Procedure for hearings before the liquor control commission

Current through all regulations passed and filed through July 1, 2024
(A) When the
			 director of the department of public safety or the superintendent of the
			 division of liquor control, acting pursuant to the provisions of the Liquor
			 Control Act or rules of the commission or the division
			 of liquor control, cites a permit holder to appear before the commission
			 to show cause why the permit should not be revoked, suspended, or cancelled,
			 the liquor control commission shall, at least fifteen days prior to the date of
			 such hearing, send a notice of such hearing by certified mail, return receipt
			 requested, to the holder of the permit at the address set forth in the permit.
			 Such notice shall specify the alleged violation and the date, time, and place
			 of such hearing, and such hearing shall take place not less than fifteen days
			 after the date of the mailing of such notice by the liquor control
			 commission.
(B) When the
			 superintendent of the division of liquor control refuses to issue, renew, or
			 transfer any permit, the superintendent, or the superintendent's designate,
			 shall by certified mail, return receipt requested, send to the applicant so
			 refused notice of such order to the permit premises and a copy of such notice
			 to the applicant's attorney of record. If the applicant does not have a permit
			 in effect at that location, the notice shall be sent to the applicant's last
			 known address via certified mail, return receipt requested, and a copy of the
			 notice to the applicant's attorney of record. The notice shall set forth the
			 reasons for the superintendent's action, refer to the law or rule directly
			 involved, and state that the applicant shall be afforded a hearing by the
			 commission if requested within thirty days from the date of mailing the notice.
			 When any such notice sent by certified mail, return receipt requested, as
			 required by this rule, is returned because of failure or refusal of delivery, the superintendent of the
			 division of liquor control, or the superintendent's designate, shall send such
			 notice by regular mail to the applicant at the applicant's last known address.
			 Any applicant who files a notice of appeal of the order with the commission
			 shall attach a copy of the order to the notice of appeal. No appeal filed more
			 than thirty days from the mailing date of the order shall be heard by the
			 commission except for good cause shown by the appellant.
After receipt of such notice of appeal from the applicant so
				refused, the commission shall, by certified mail, send to the applicant so
				appealing, at the address stated in the request for appeal, a notification of
				the date, time, and place for such hearing and a copy thereof to the attorney
				of record of the appellant. The date for such hearing shall not be less than
				seven days or more than fifteen days after the date on which the commission
				receives the notice of appeal.
In the event that the commission in unable to hear an appeal
				from an order of the superintendent rejecting an application for renewal of a
				permit, the commission may, upon application in writing from the applicant,
				grant in writing such applicant the right to continue operation of the business
				until such time as an appeal is heard and a final order of such appeal is made
				by the commission.
This procedure shall be applicable to all other actions of the
				superintendent which are appealable to the commission.
(C) In all hearings before the commission,
			 the procedure shall be as follows:
(1) The
			 party with the burden of proof must first produce evidence and the respondent
			 may then produce evidence.
(2) The
			 party with the burden of proof may offer evidence in rebuttal.
(3) The commission may, in its discretion,
			 hear arguments.