Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-16 - Hearings › Section 4723-16-13 - Authority and duties of board hearing committee or hearing examiners

Current through all regulations passed and filed through July 1, 2024
(A) Adjudication
			 hearings may be conducted before the board, a board hearing committee or a
			 hearing examiner appointed by the board.
(B) The hearing examiner shall be licensed to
			 practice law in Ohio and may be an employee of the board or an independent
			 contractor.
(C) The board hearing
			 committee shall be composed of at least three board members, and one or more
			 alternates, appointed by the board at a public meeting, to serve for a term of
			 one year. One board hearing committee member shall preside and be responsible
			 for conduct of the hearing. The presiding board member shall also be
			 responsible for approving the report and recommendation discussed in paragraph
			 (H) of this rule. The board hearing committee may request advice on legal
			 questions from a staff attorney employed by the board, or an attorney with whom
			 the board contracts as a hearing examiner, related to procedural or evidentiary
			 questions or in preparation of the report and recommendation. This legal
			 consultation shall not be deemed an ex parte communication.
(D) All hearings shall be open to the public,
			 but the board hearing committee or hearing examiner conducting a hearing may
			 close the hearing to the extent necessary to protect compelling interests or to
			 comply with statutory requirements. In the event this occurs, the board hearing
			 committee or hearing examiner shall state on the public record the reasons for
			 closing the hearing.
(E) If the
			 hearing examiner or board hearing committee determines that permitting
			 broadcasting, televising, recording or the taking of photographs in the hearing
			 room would not distract participants, impair the dignity of the proceedings,
			 violate patient confidentiality or otherwise materially interfere with the
			 achievement of a fair administrative hearing, the broadcasting, televising,
			 recording or taking of photographs during hearing proceedings open to the
			 public may be permitted under the following conditions and upon request:
(1) Requests for permission for the
			 broadcasting, televising, recording or taking of photographs in the hearing
			 room shall be made in writing and submitted to the hearing examiner or board
			 hearing committee prior to the start of the hearing, and shall be made part of
			 the record of the proceedings;
(2)
			 Written permission is granted prior to the start of the hearing by the hearing
			 examiner or board hearing committee and is made part of the record of the
			 proceedings;
(3) The filming,
			 videotaping, recording or taking of photographs of witnesses who object shall
			 not be permitted; and
(4) Any film,
			 video, photograph or audio recording created during a hearing, except for an
			 audio recording made by the court reporter hired by the board to prepare the
			 stenographic hearing record, shall not be part of the record of the
			 proceeding.