Ohio Administrative Code › Title 4732 - State Board of Psychology › Chapter 4732-17 - Rules of Professional Conduct › Section 4732-17-03 - Bases and procedures for disciplinary actions

Current through all regulations passed and filed through July 1, 2024
(A) In accordance with section
			 4732.17 of the Revised Code,
			 after considering charges filed by the secretary and after providing a hearing
			 in accordance with Chapter 119. of the Revised Code, the board may refuse to
			 issue a license to any applicant, including any person whose license
			 
								has expired, placed in retired status, or
			 has been revoked or suspended, or may issue a
			 reprimand, or suspend or revoke the license of any licensed psychologist or
			 licensed school psychologist, on any of the  grounds enumerated in division (A) of section
			 4732.17 of the Revised
			 Code.
(B) Notice
			 and hearing requirements incident to the revocation, suspension, or refusal to
			 issue, reinstate, or renew a license to practice psychology or school
			 psychology, or incident to the reprimand of a licensee, as described in
			 paragraph (A) of this rule, shall be in compliance with the provisions of
			 Chapters 119. and 4732. of the Revised Code, including the following:
(1) Notice of opportunity. Notice shall be
			 given to the licensee or applicant for licensure by certified mail of the right
			 to a hearing on the question of whether or not the license should be revoked,
			 suspended, not reinstated, or denied, or whether, if a licensee, he/she should
			 be reprimanded;
(2) Charges. The
			 notice shall include the charges or other reasons for such proposed action, the
			 law(s) and/or rule(s) directly involved, and a statement informing the licensee
			 or applicant for licensure that he/she is entitled to a hearing, if it is
			 requested within thirty days after the date of mailing the notice.
(3) Representation. The notice shall also
			 inform the licensee or applicant for licensure that at the hearing he/she may
			 appear in person, or be represented by his/her attorney, or may present his/her
			 position, arguments, or contentions in writing and that at the hearing he/she
			 may present evidence and examine witnesses appearing for and against
			 him/her;
(4) Hearing date. Whenever
			 a licensee or applicant for licensure requests a hearing, the board shall
			 immediately set the date, time, and place for such hearing and forthwith notify
			 the licensee or applicant for licensure thereof. The date set for such hearing
			 shall be within fifteen days, but not earlier than seven days, after the
			 licensee or applicant for licensure has requested a hearing, unless otherwise
			 agreed to by both the board and the licensee or applicant for licensure.
			 However, the board may postpone or continue any adjudication hearing upon the
			 application of any party or upon its own motion;
(5) Hearing. The board may empower any one or
			 more of its members to conduct any proceeding, hearing, or investigation
			 necessary to its purposes;
(6)
			 Appeal. Any party adversely affected by any order of the board issued pursuant
			 to an adjudication hearing may appeal from the order of the board to the court
			 of common pleas of the county in which the place of business of the licensee or
			 applicant for licensure is located or the county in which the licensee or
			 applicant for licensure is a resident. If any such party is not a resident of
			 and has no place of business in Ohio, he/she may appeal to the court of common
			 pleas of Franklin county, Ohio. Any party desiring to appeal shall file a
			 notice of appeal with the board setting forth the order appealed from and the
			 grounds of the appeal. A copy of such notice of appeal shall also be filed by
			 appellant with the court. Such notices of appeal shall be filed within fifteen
			 days after the mailing of the notice of the board's order.