Ohio Administrative Code › Title 4757 - Counselor, Social Worker, and Marriage and Family Therapist Board › Chapter 4757-11 - Denial, Suspension, Revocation of License; Disciplinary Action › Section 4757-11-04 - Hearing procedures

Current through all regulations passed and filed through July 1, 2024
(A) Representatives; appearances;
			 communications; applicability
(1) As used in
			 this chapter of the Administrative Code, "respondent" shall be defined as the
			 person who is requesting or has requested a hearing pursuant to Chapter 119. of
			 the Revised Code.
(2) The
			 respondent may represent himself/herself or may be represented by an attorney
			 admitted to the practice of law in Ohio. If the respondent does represent
			 himself/herself, he/she shall be deemed the representative of record for
			 purposes of this chapter of the Administrative Code.
(3) The respondent is not required to
			 personally appear at any hearing provided he/she has not been subpoenaed and
			 has authorized his/her representative to represent him/her in all facets of a
			 hearing before the board.
(4) The
			 respondent or his/her representative may present his/her position, arguments,
			 or contentions in writing rather than personally appearing at any hearing
			 provided the respondent has not been subpoenaed.
(5) One who has entered an appearance as
			 representative remains the representative of record unless and until a written
			 withdrawal is filed with the board.
(6) Except as otherwise provided under
			 Chapter 119. of the Revised Code, communications from the board or its attorney
			 hearing examiner shall be sent to the representative of record.
(7) The members of the board shall base their
			 decisions on any matter subject to hearing only on the evidence of record. No
			 information acquired by a member of the board in any way other than by review
			 of the evidence of record shall be considered in that member's decision on a
			 matter subject to hearing. The receipt of information about a matter subject to
			 hearing outside the evidence of record shall not disqualify the member from
			 participating in the decision on that matter unless that member excuses
			 himself/herself from participation in the decision on the ground that he/she
			 cannot restrict his/her decision on the matter only to the evidence of record.
(8) Except as otherwise provided
			 under this chapter or by statute, no attorney hearing examiner or member of the
			 board shall initiate or consider ex parte communications concerning a pending
			 or impending adjudicatory proceeding. Nothing contained herein, however, shall
			 preclude the attorney hearing examiner from nonsubstantive ex parte
			 communications on procedural matters and matters affecting the efficient
			 conduct of adjudicatory hearings.
(9) Except as otherwise provided under this
			 chapter or by statute, a rule promulgated under this chapter shall apply only
			 to those administrative proceedings for which the notice of opportunity for
			 hearing was mailed to the respondent, or his/her representative, on or after
			 the effective date of this particular rule.
(10) If any provision of the rules in this
			 chapter is held or if the application of any provision of the rules in this
			 chapter to any person or circumstance is held invalid, the invalidity does not
			 affect any other provision of the rules in this chapter, or the application of
			 any other provision of the rules in this chapter, that can be given effect
			 without the invalid provision or application, and, to this end, the provisions
			 of the rules in this chapter are hereby declared severable.