Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-4 - Hearings › Section 4734-4-14 - Requesting adjudication hearing; timing of hearing; notification of hearing; requirements for filing; calculation of time; transcripts

Current through all regulations passed and filed through July 1, 2024
(A) Requesting
			 adjudication hearing: In order to request a hearing under Chapter 119. of the
			 Revised Code, a respondent or his or her representative must, in accordance
			 with paragraph (C) of this rule, file in writing a statement requesting such
			 adjudication hearing. Such request must be received in the board office within
			 thirty days of the date of mailing of the board's notice of opportunity for
			 hearing. The date of mailing shall be the date appearing on the certified mail
			 receipt.
(B) Timing of
			 adjudication hearing: A respondent or his or her representative properly filing
			 a request for an adjudication hearing shall be entitled to such adjudication
			 hearing within fifteen days but not sooner than seven days after such request
			 has been filed unless both representatives agree otherwise or a continuance is
			 granted pursuant to section
			 119.09 of the Revised Code and
			 this chapter. Written notice specifying the date, time and place set for
			 hearing shall be mailed by certified mail or served in accordance with section
			 4734.48 of the Revised Code, to
			 the respondent's representatives as identified pursuant to this chapter.
(C) Requirements for filing: A
			 document is filed when it is received and date stamped in the offices of the
			 state chiropractic board during normal business hours. The burden of ensuring
			 that the document(s) is properly filed is borne by the party filing the
			 document(s).
(D) Calculation of
			 time: The date of occurrence of the event causing time to run is not counted in
			 the computation of any time limit under this chapter. The last day of the
			 period is included in the computation of the time limit. If the last day of a
			 period is not a regular business day, the time period runs through the end of
			 the next regularly scheduled business day. The board or its hearing officer or
			 presiding board member may extend the time for filing or responding to motions
			 and briefs. Requests for extension of time shall be made in writing and filed
			 as provided in this rule prior to the expiration of any applicable time limit.
			 Requests for extension of time shall be served as provided in this chapter.
(E) Hearing transcripts: Duplicate
			 transcripts of the stenographic record taken of hearings may be obtained
			 directly from the court reporter at the requestor's expense before or after
			 receipt of the original transcript by the board. Upon request made to the
			 board, a copy of the original hearing transcripts may be reviewed at the board
			 office. Copies may be prepared at the requestor's expense. Original transcripts
			 shall not be removed from the board office.
Five Year Review (FYR) Dates:
				06/30/2017 and
				06/30/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4734.10
Rule
				Amplifies: 119, 4734.45
Prior
				Effective Dates: 8/12/02