Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-9 - Body Art (Tattoo and Body Piercing) › Section 3701-9-09 - Denying, suspending and revoking approvals

Current through all regulations passed and filed through July 1, 2024
(A)
								 The board of health
			 may deny, suspend, or revoke approval of a business offering
			  body art services if the business made any material
			 misrepresentation to the board, does not meet or no longer meets, or has a
			 history of non-compliance with the requirements of sections
			 3730.01 to
			 3730.11 of the Revised Code and
			 this chapter of the Administrative Code.
(B)
								 In the case of a
			 proposal to deny, suspend, or revoke approval of a business offering
			  body
			 art
			 services, the board of health shall provide the business with written notice of
			 the proposed action and the cause for the action. The notice shall describe the
			 procedure for appealing the proposed denial, suspension, or revocation.
(1) The written notice shall be provided by
			 certified mail, return receipt requested, or by hand delivery. If the notice is
			 returned because of failure of delivery, the board of health shall either send
			 the notice by regular mail to the business location listed on the application,
			 or conspicuously post the notice at an entrance of the business. In either
			 case, the notice shall be deemed to have been received on the date it was
			 mailed or posted.
(2) The notice
			 shall state that the business may obtain a hearing under this rule if a written
			 request for a hearing is mailed or hand-delivered to the board of health's
			 address specified in the notice, within fifteen days after the affected
			 business receives or is deemed to have received the notice.
(3) Upon receiving a timely hearing request,
			 the board of health shall schedule a hearing before the board or a hearing
			 officer designated by the board of health. If the board of health provides a
			 hearing officer, he or she shall be licensed to practice law in Ohio and shall
			 not have participated in any manner in the decision to take the action against
			 the operator.
(4) The board of
			 health shall mail or hand-deliver notice of the date, time, and place of the
			 hearing to the operator no less than ten days before the scheduled date. The
			 board of health may additionally post the notice of hearing at the entrance of
			 the business.
(5) The business and
			 the board of health each shall have one opportunity to reschedule the hearing
			 date upon specific request to the hearing officer, or if a hearing officer has
			 not been designated, to the other party. Any other postponements of the hearing
			 shall be by agreement of the board of health, the business, and the hearing
			 officer, if one is designated.
(6)
			 At the hearing, the business shall have the opportunity to present its case
			 orally or in writing and to confront and cross-examine adverse witnesses. The
			 business may be represented by its counsel, if desired, and may review the case
			 record before the hearing. If the board of health has designated a hearing
			 officer, a member of that board does not have to be present at the
			 hearing.
(7) If the hearing is
			 before a hearing officer, he or she shall prepare a written recommendation as
			 to the validity of the board of health's action, which shall rest solely on the
			 evidence presented at the hearing and the statutory and regulatory provisions
			 governing the board of health's action. The hearing officer shall describe the
			 basis for his or her recommendation, but need not prepare a full opinion or
			 formal findings of fact and conclusions of law. The hearing officer shall mail
			 by certified mail, return receipt requested, or hand-deliver the recommendation
			 to the board of health and the operator. Either party may file objections to
			 the recommendation provided that the objections are received by the board of
			 health within five days of receiving a copy of the recommendation from the
			 hearing officer.
(8) After
			 reviewing any timely objections, the board of health may by motion take
			 additional evidence or approve, modify, or disapprove the hearing officer's
			 recommendation and shall enter an order in the record of its
			 proceedings.
(9) If the board of
			 health does not receive a timely request for hearing, the board may immediately
			 enter an order as proposed in the notice.