Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-8 - Licensing › Section 4781-8-11 - Adjudication hearings

Current through all regulations passed and filed through July 1, 2024
(A) General.
The division shall determine the need for adjudication
				hearings in accordance with sections
				 119.06 
				to
				 119.13 
				of the Revised Code.
(1) After a
			 denial, revocation, or suspension of a license issued pursuant to Chapter 4781.
			 of the Revised Code, the division shall notify the
			 licensee or applicant of his or her right to request a hearing. The notice
			 shall be in writing and sent by certified mail, return receipt
			 requested.
(2) The notice shall
			 include:
(a) The charges or reasons for the
			 denial, suspension, or revocation;
(b) The applicable laws or rules directly
			 involved; and
(c) A statement
			 informing the licensee or applicant that:
(i)
			 The licensee or applicant is
			 entitled to a hearing if the request for a hearing is received by the division
			 within thirty days from the date the notice of the action was
			 mailed;
(ii) The licensee or
			 applicant may appear in person or be represented by an attorney;
(iii) The licensee or applicant may choose to
			 present their position, argument, or contentions in writing; and
(iv) The licensee or applicant may present
			 evidence,  examine witnesses appearing
			 on the licensee or applicant's behalf, and
			 cross-examine the division's witnesses at the hearing.
(3)
									If the division receives a request for hearing within
			 thirty days from the date the notice of action was mailed, the
			 division or its superintendent shall immediately
			 set the date, time, and location of the hearing. The date set for hearing shall
			 be within seven and fifteen days of receiving the request for hearing, unless
			 continued by the division on
			 its own motion or continued by agreement of both parties.
(4) The superintendent may issue
			 subpoenas for any witnesses or to compel the production of any books, records,
			 or papers in accordance with Chapter 119. of the Revised Code upon request of
			 the licensee, applicant, or legal counsel to the division. Such
			 request for subpoenas shall be made no later than fourteen days prior to the
			 date of the adjudication hearing, if the party
			 requesting the subpoena is notified of the hearing date more than fourteen days
			 before the hearing is scheduled. If the party requesting the subpoena is
			 notified of the hearing date less than fourteen days before the hearing is
			 scheduled, he or she shall notify the superintendent or the superintendent's
			 designee of his or her desire to request a subpoena. The superintendent or his
			 or her designee shall then determine whether sufficient time remains before the
			 hearing to issue the subpoenas being requested or whether the hearing should be
			 continued. The service and enforcement of subpoenas shall be made in
			 accordance with Chapter 119. of the Revised Code.
(5) A licensee, applicant, or representative of the licensee or applicant may
			 request a continuance of the scheduled hearing by submitting a written request
			 no later than fourteen days prior to the scheduled hearing date,
			 or within three days of receipt of notice of the hearing date, whichever is
			 later. The superintendent or his or her designee may grant a
			 continuance upon good cause.