Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-13 - Hearings › Section 4731-13-15 - Reports and recommendations

Current through all regulations passed and filed through July 1, 2024
(A) Within thirty days following the close of
			 a hearing conducted under Chapter 119. of the Revised Code, the 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. The hearing shall not be considered closed until such time as the record
			 is complete, as determined by the 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 receipt of the 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 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
			 recommendation. In the event that the board is not in session, the president of
			 the board may grant such extensions.
(E) Unless otherwise determined by the board
			 based upon written motion of a party, the board shall consider the 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 do any or all of the following: order additional
			 testimony to be taken: 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
			 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
			 4731-13-07 and
			 4731-13-08 of the
			 Administrative Code. Such motion to reopen shall be filed not later than
			 fourteen days prior to the scheduled consideration by the board of the hearing
			 examiner's report and recommendation, unless the newly discovered material
			 evidence, with reasonable diligence, could not have been discovered earlier
			 than fourteen days prior to the scheduled consideration by the board. The other
			 party shall have an opportunity to file, not later than seven days prior to the
			 scheduled consideration by the board of the hearing examiner's report and
			 recommendation, a memorandum contra to said motion.
Any submission of documentation or evidence received by the
				board after the close of the record and prior to the date of consideration of
				the hearing examiner's report and recommendation by the board shall be deemed a
				motion to reopen the record pursuant to this rule. If such motion is filed
				prior to the issuance of the hearing examiner's report and recommendation, the
				hearing examiner shall rule on the motion. If such motion is filed subsequent
				to the issuance of the hearing examiner's report and recommendation, the board
				shall rule on the motion. All submitted materials must be accompanied by an
				affidavit from the moving party that sets forth how the evidence is material,
				how the evidence is newly discovered, and why it could not have been produced
				at hearing. The affidavit must also show that the party made a reasonably
				diligent effort to obtain the material prior to hearing. Failure to comply with
				the requirements of this rule shall result in the exclusion of the submitted
				material unless the moving party shows good cause and the board votes to admit
				the document or evidence.
(G) Without leave of the board, no party
			 shall be permitted to address the board at the time of consideration of the
			 hearing examiner's report and recommendation. Any request for such leave shall
			 be filed by motion no less than seven days prior to the date the report and
			 recommendation is to be considered by the board. No such leave shall be granted
			 unless the opposing representative of record has been actually notified of the
			 request, unless otherwise determined by the board.
(H) If a request to address the board is
			 granted, the opposing party may also address the board.