Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-16 - Reports and recommendations

Current through all regulations passed and filed through July 1, 2024
(A) Within thirty days
			 following the close of an adjudication hearing conducted pursuant to Chapter
			 119. of the Revised Code, the attorney hearing examiner shall submit a written
			 report setting forth proposed findings of fact and conclusions of law and a
			 recommendation of the action to be taken by the board. Any requests by the
			 attorney hearing examiner to extend the time to file the report must be
			 submitted within twenty-five
			 days of the close of the hearing record. Such request shall be ruled upon by
			 the secretary of the board or in the absence of the secretary, by the board
			 executive director. The hearing shall not be considered closed until such time
			 as the record is complete, as determined by the attorney hearing
			 examiner.
(B) A copy of such
			 written report shall be issued to each representative of record. The copy
			 issued to the respondent's representative of record shall be accompanied by
			 notice of the date the report and recommendation is to be considered by the
			 board.
(C) Either representative of
			 record may, within ten days of his receipt of the attorney hearing examiner's
			 report and recommendation, file written objections to the report and
			 recommendation. Only those objections filed in a timely manner shall be
			 considered by the board before approving, modifying, or disapproving the
			 attorney hearing examiner's recommendation unless otherwise determined by the
			 board.
(D) Upon written request,
			 the board may grant extensions of the time within which to file objections to
			 the report and recommendations. In the event that the board is not in session,
			 the secretary of the board may grant such extensions.
(E) The board shall consider the attorney
			 hearing examiner's report and recommendation and any objections thereto at its
			 next regularly scheduled meeting after the time for filing objections has
			 passed. At that time, the board may order additional testimony to be taken or
			 permit the introduction of further documentary evidence, or act upon the report
			 and recommendation. For purposes of taking such additional testimony or
			 documentary evidence, the board may remand to the attorney hearing
			 examiner.
(F) Any motion to reopen
			 the hearing record for purposes of introducing newly discovered material
			 evidence that with reasonable diligence could not have been discovered and
			 produced at the hearing shall be filed in the manner provided in rules
			 4715-15-08 and
			 4715-15-09 of the
			 Administrative Code. Such motion to reopen shall be filed not later than ten
			 days prior to the scheduled consideration by the board of the attorney hearing
			 examiner's report and recommendation and any objections thereto. If such motion
			 is filed prior to the issuance of the attorney hearing examiner's report and
			 recommendation, the attorney hearing examiner shall rule on the motion. If such
			 motion is filed subsequent to the issuance of the attorney hearing examiner's
			 report and recommendation, the board shall rule upon the motion.
(G) Without leave of the board, the
			 respondent or any representative of record shall not be permitted to address
			 the board at the time of consideration of the attorney hearing examiner's
			 report and recommendation. Any request for such leave shall be filed by motion
			 no less than five days prior to the date the report and recommendation is to be
			 considered by the board and shall be served upon the representative of
			 record.
(H) If a request to address
			 the board is granted, the opposing representative may also address the
			 board.
Effective: 9/12/2016
Five Year
				Review (FYR) Dates: 06/24/2016 and
				08/01/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30
Prior
				Effective Dates: 11-10-00; 4-7-05