Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-20 - Reports and recommendations

Current through all regulations passed and filed through July 1, 2024
(A) Within 
								sixty days
			 following both the close of the record of an administrative hearing conducted
			 pursuant to Chapter 119. and section
			 3319.311 of the Revised Code and
			 of receiving the transcript from the hearing, the hearing officer
			 
								will
			 submit a written report setting forth a summary of proceedings, proposed
			 findings of fact and conclusions of law, and a recommendation of the action to
			 be taken by the state board. The hearing record 
								will not be
			 considered closed until such time as the record is complete, as determined by
			 the hearing officer.
Any requests by the hearing officer to extend the time to file
				the report 
									will be submitted in writing to the superintendent
				prior to the 
									sixtieth day and 
									will include an
				explanation why such extension is necessary. Such request
				
									will be
				decided by the superintendent.
(B) The  written report 
								will be filed
			 with the department. The department will serve the parties as provided under
			 Chapter 119. of the Revised Code.
(C) Pursuant to section
			 119.09 of the Revised Code,
			 
								either
			 party may file written objections to the report and recommendation within ten
			 days of receipt of the hearing officer's report and recommendation. Filing of
			 objections 
								will comply with rule
			 3301-73-06 of the Administrative
			 Code. Only those objections filed in a timely manner 
								will be
			 considered by the state board. 
								Either party may file a motion to strike in
			 response to the submission of objections.A motion to
			 strike must be filed within ten days from the date of service of the
			 objections. A response to the motion to strike by the parties may not be filed
			 and will not be considered by the hearing officer. If a motion to strike
			 is filed, the hearing officer 
								will make a recommendation to the state board on
			 the motion to strike.
(D) Prior to
			 the tenth day after receipt of the report and recommendation pursuant to
			 section 119.09 of the Revised Code
			 or objections filed by either party and upon
			 written request, the superintendent may grant an
								
								extension of time within which to file objections. The
			 extension 
								will not be for more than fourteen days.
(E) The state board
			 
								will
			 consider the hearing officer's report and recommendation and any objections
			 thereto at the next possible regularly scheduled meeting, if the state board's
			 agenda permits, after the time for filing objections, a motion to strike, and a
			 recommendation on the motion to strike has passed. The state board may decide
			 to accept, reject, or modify the report and recommendation or remand the matter
			 to the hearing officer. The state board 
								will
			 memorialize the decision on the report and recommendation through a written
			 resolution and/or order.