Ohio Administrative Code › Title 5101:6 - Hearings › Chapter 5101:6-6 - Hearing Procedure › Section 5101:6-6-04 - State hearings: telephone hearings

Current through all regulations passed and filed through July 1, 2024
(A) The bureau of state hearings may schedule
			 some or all hearings as telephone hearings, following the procedures outlined
			 in this paragraph.
(1) Telephone hearings
			 shall normally be conducted with all participants except the hearing officer
			 present at the local agency office. The hearing officer shall conduct the
			 hearing, as described in rule
			 5101:6-6-02
			 of the Administrative Code, by telephone from the hearing officer's office or
			 other site suitably equipped with the proper telephone equipment.
When a telephone hearing concerns one of the medical
				determinations listed in paragraph (C)(2) of rule
				5101:6-6-01
				of the Administrative Code, the agency representative shall participate in the
				hearing as described in that paragraph.
(2) Scheduling telephone hearings shall be
			 done in accordance with the following:
(a) If
			 the hearing is to be scheduled as a telephone hearing, the JFS 04002 " Notice
			 to Appear for Scheduled Hearing" (rev.
			 1/2015
										)
			 or its computer-generated equivalent shall inform
			 the individual of that fact and that he or she may choose to have a
			 face-to-face hearing instead. The JFS 04002 is
			 generated in the hearings and appeals tracking system (HATS X).
(b) The JFS 04002 shall include a telephone
			 number which the individual can call free of charge to request a face-to-face
			 hearing and shall explain that a request for a face-to-face hearing
			 shall be
			 made no later than three  days
			 prior to the date of the hearing.
(c) Hearings initially scheduled as telephone
			 hearings that are rescheduled as face-to-face hearings at the individual's
			 request shall be rescheduled in accordance with rule
			 5101:6-6-01
			 of the Administrative Code.
(3) Documents shall be made available to the
			 hearing officer for inclusion in the official hearing record as follows:
(a) The agency shall be responsible for
			 submitting an appeal summary with all relevant documents to the appropriate
			 hearings office as required by rule
			 5101:6-5-01
			 of the Administrative Code. In the case of a hearing in which the sole issue is
			 that of a disability determination or disability onset date, the disability
			 determination area (DDA) representative shall not
			 routinely participate in the hearing. A copy of the appeal summary
			 shall be
			 sent to the appellant prior to the hearing date, explaining that the appeal
			 summary shall stand in place of DDA participation, and if the
			 appellant chooses to have a DDA representative participate in the hearing, a
			 request, either in writing or orally, can be made to the hearing authority and
			 arrangement for participation shall be made.
(b) The individual shall be responsible for
			 providing any documents he or she wants considered to the appropriate hearings
			 office prior to the hearing. The local agency shall assist in copying and
			 sending such documents if the individual requests.
(c) If, during the hearing, it is determined
			 that not all necessary documents have been received by the hearing officer, the
			 agency shall transmit the additional documents to the hearing officer, so that
			 they may be examined by the hearing officer before the conclusion of the
			 hearing.
(d) If it is not possible
			 to transmit the additional documents to the hearing officer before the
			 conclusion of the hearing, the record shall be held open until they are
			 received. The individual shall be given the option of having the hearing
			 reconvened when the additional documents are received.
Once the additional documents are received and reviewed, the
				hearing officer may also decide to reconvene the hearing to resolve questions
				which arise upon review.
(e) Documents that were not available for the
			 individual to review during the hearing may not be submitted to the hearing
			 officer after the hearing, unless the individual is provided the opportunity
			 for rebuttal as required by rule
			 5101:6-6-02
			 of the Administrative Code.
(4) For all hearings scheduled as telephone
			 hearings, the local agency shall be responsible for providing a suitable
			 hearing room equipped with a speaker telephone capable of clear, recordable
			 transmission of the testimony of the participants.
(5) The hearing officer is responsible for
			 ensuring that the hearing is recorded clearly so that a complete transcription
			 may be made if required.
(6) All
			 other hearing procedures contained in Chapters 5101:6-1 to 5101:6-9 of the
			 Administrative Code apply equally to telephone hearings.