Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-4 - Hearings › Section 4734-4-13 - Post hearing procedures; reports and recommendations; newly discovered evidence; addressing the board

Current through all regulations passed and filed through July 1, 2024
(A) Deadline for report: Within forty-five
			 days following the close of an adjudication hearing conducted pursuant to
			 Chapter 119. of the Revised Code, the hearing officer shall file with the board
			 a written report setting forth the hearing examiner's findings of fact,
			 conclusions of law and a recommendation of the action to be taken by the board,
			 in the form of a proposed order. Any requests by the hearing officer to extend
			 the time to file the report must be submitted to the board office and approved
			 by the board president. The hearing shall not be considered closed until such
			 time as the record is complete, as determined by the hearing officer.
(B) Issuing the report to parties:
			 A copy of such written report shall be transmitted to the representatives of
			 record by the executive director of the board. 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) Objections to report: The respondent's
			 representative of record may, within ten days of his or her receipt of the
			 hearing officer'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 officer's recommendation.
(D) Extensions of time for objections: Upon
			 written request, the board may grant extensions of the time within which to
			 file objections. In the event that the board is not in session, the board
			 president may grant such extensions.
(E) Board consideration of report: The board
			 shall consider the hearing officer'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 order additional
			 testimony to be taken or permit the introduction of further documentary
			 evidence, or it may act upon the report and recommendation. For purposes of
			 taking such additional testimony or documentary evidence, the board may remand
			 the case back to the hearing officer.
(F) Newly discovered evidence: Any motion to
			 reopen the hearing record for purposes of introducing newly discovered material
			 evidence which, with reasonable diligence could not have been discovered and
			 produced at the hearing shall be made in the manner provided in this chapter.
			 Such motion to reopen shall be filed not later than ten days prior to the
			 scheduled consideration by the board of the hearing officer's report and
			 recommendation and any objections thereto. If such motion is filed prior to the
			 issuance of the hearing officer's report and recommendation, the hearing
			 officer shall rule on the motion. If such motion is filed subsequent to the
			 issuance of the hearing officer's report and recommendation, the board shall
			 rule upon the motion.
(G)
			 Addressing the board: Without leave of the board, the respondent or any
			 representative of record shall not be permitted to address the board at the
			 time of consideration of the hearing officer's report and recommendation. Any
			 request for such leave shall be filed by motion no less than five days prior to
			 the date the report and recommendation is to be considered by the board and
			 shall be served upon the other representative of record. If a request to
			 address the board is granted, the opposing representative may also address the
			 board.
Five Year Review (FYR) Dates:
				06/30/2017 and
				06/30/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4734.10
Rule
				Amplifies: 119, 4734.45
Prior
				Effective Dates: 8/12/02