Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-4 - Hearings › Section 4734-4-02 - Representatives; appearances; communications; applicability

Current through all regulations passed and filed through July 1, 2024
(A) As used in
			 Chapter 4734-4 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) Any
			 provision of the rules in this chapter which references a hearing officer shall
			 apply to the board in those instances in which the administrative hearing is
			 conducted before the board, or to an attorney hearing examiner hired by the
			 board or presiding board member, unless such rule by its nature is clearly
			 inapplicable.
(C) All filings in
			 any cases before the board shall be directed to the attention of the executive
			 director and filed at the board office.
(D) A respondent may represent him or herself
			 or may be represented by an attorney admitted to the practice of law in Ohio.
			 If the respondent does represent him or herself, he or she shall be deemed the
			 representative of record for purposes of Chapter 4734-4 of the Administrative
			 Code.
(E) A respondent is not
			 required to personally appear at any hearing provided he or she has not been
			 subpoenaed and has authorized his or her representative to represent him or her
			 in all facets of a hearing before the board.
(F) A respondent or his or her representative
			 may present his or her position, arguments, or contentions in writing, rather
			 than personally appearing at any hearing, provided the respondent has not been
			 subpoenaed.
(G) The representative
			 of record for the respondent shall file a notice of appearance of counsel in
			 writing with the board and shall serve such notice upon the representative of
			 record from the office of the attorney general.
(H) The representative of record from the
			 office of the attorney general shall, within fourteen days of the hearing
			 inform the respondent or if applicable, the respondent's representative of
			 record, in writing, that the attorney general's representative will serve as
			 counsel of record for the case.
(I) Any representative of record who has
			 entered an appearance before the board remains the representative of record
			 unless and until a written withdrawal is filed with the board.
(J) Except as otherwise provided under
			 Chapter 119. of the Revised Code, communications from the board or its hearing
			 officer shall be sent to the representative of record.
(K) The members of the 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 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.
(L) Except as
			 otherwise provided under this chapter or by statute, no hearing officer or
			 member of the board shall initiate or consider ex parte communications
			 concerning a pending or impending adjudicatory proceeding. Nothing contained
			 herein, however, shall preclude the hearing officer or presiding board member
			 from nonsubstantive ex parte communications on procedural matters and matters
			 affecting the efficient conduct of adjudicatory hearings.
(M) The hearing officer and members of the
			 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.
(N) 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 a notice of opportunity for
			 hearing was mailed to respondent, or his representative, on or after the
			 effective date of the particular rule.
(O) If any provision of the rules in this
			 chapter is held invalid 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.
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