Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-02 - Representatives; appearances; communications; applicability

Current through all regulations passed and filed through July 1, 2024
(A) As used in
			 Chapter 4715. of the Administrative Code, "respondent" shall
			 be defined as the person who is requesting or has requested a hearing as
			 provided in Chapter 119. of the Revised Code.
(B) The respondent may represent himself or
			 may be represented by an attorney admitted to the practice of law in Ohio. If
			 the respondent does represent himself, he shall be deemed the representative of
			 record for purposes of Chapter 4715. of the Administrative Code.
(C) The respondent is not required to
			 personally appear at any hearing unless he has been subpoenaed, to appear by a
			 party of record. The respondent can authorize his representative to represent
			 him in all facets of a hearing before the board unless he has been subpoenaed
			 to appear by a party of record.
(D)
			 The respondent or his representative may present his position, arguments, or
			 contentions in writing rather than personally appearing at any hearing provided
			 the respondent has not been subpoenaed.
(E) The representative of record for the
			 respondent shall enter his appearance in writing.
(F) The representative of record from the
			 office of the attorney general shall enter his appearance in writing.
(G) One who has entered an appearance as
			 representative remains the representative of record unless and until a written
			 withdrawal is filed with the state dental board.
(H) Except as otherwise provided under
			 Chapter 119. of the Revised Code, communications from the board or its attorney
			 hearing examiner shall be sent to the representative of record.
(I) The members of the dental board shall
			 base their decisions on any matter subject to hearing only on the evidence of
			 record. No information acquired by a member of the dental board in any way
			 other than by review of the evidence of record shall be considered by such
			 member in that member's decision on a matter subject to hearing. The receipt of
			 information about a matter subject to hearing outside the evidence of record
			 shall not disqualify the member from participating in the decision on that
			 matter unless the member excuses himself or herself from participation in the
			 decision on the ground that he or she cannot restrict his or her decision on
			 the matter only to the evidence of record.
(J) Except as otherwise provided under this
			 chapter or by statute, no attorney hearing examiner or member of the state
			 dental board shall initiate or consider ex parte communications concerning a
			 pending or impending adjudicatory proceeding. Nothing contained herein,
			 however, shall preclude the attorney hearing examiner from nonsubstantative ex
			 parte communications on procedural matters and matters affecting the efficient
			 conduct of adjudicatory hearings.
(K) The attorney hearing examiner and members
			 of the state dental board shall disclose on the record the source and substance
			 of any ex parte or attempted ex parte communications. That disclosure shall be
			 made at the earliest possible opportunity, but at least prior to deliberation
			 on a pending or impending adjudicatory proceeding.
(L) Except as otherwise provided under this
			 chapter or by statute, a rule promulgated under this chapter shall apply only
			 to those administrative proceedings for which the notice of opportunity for
			 hearing was mailed to respondent, or his representative, on or after the
			 effective date of the particular rule.
(M) Any provision of the rules in this
			 chapter which references the attorney hearing examiner shall apply to the board
			 in those instances in which the administrative hearing is conducted before the
			 board, rather than an attorney hearing officer, unless such rule by its nature
			 is clearly inapplicable.
(N) If any
			 provision of the rules in this chapter is held or if the application of any
			 provision of the rules in this chapter to any person or circumstance is held
			 invalid, the invalidity does not affect any other provision of the rules in
			 this chapter, or the application of any other provision of the rules in this
			 chapter, that can be given effect without the invalid provision or application,
			 and, to this end, the provisions of the rules in this chapter are hereby
			 declared severable.
Effective: 9/12/2016
Five Year
				Review (FYR) Dates: 06/24/2016 and
				08/01/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119
Prior Effective Dates: 11-10-00,
				4-7-05