Ohio Admin. Code 3301-73-05 - Notice for opportunity for hearing; failure to request

(A) The superintendent shall will determine if the results of an investigation warrant initiating an action to limit, suspend, revoke, or deny a license.

(B) If the results of an investigation warrant initiating an action, the superintendent shall will give notice of an opportunity for a hearing in accordance with sections 9.79 and 119.01 to 119.13 of the Revised Code. Nothing in this provision shall prohibit prohibits the superintendent from amending the notice for the proposed action.

(C) The notice shall will also inform the respondent that if he/she fails within thirty calendar days to request a hearing within thirty calendar days in accordance with section 119.07 of the Revised Code, or fails to appear at a scheduled hearing, the state board may suspend, limit, deny or revoke, as applicable, any licenses held or applied for without holding an administrative hearing.

(D) The respondent is responsible to ensure that the respondent's mailing address and email address listed in the respondent's account in the licensure database, that is maintained by the department, is up to date.

(D)(E) Should the respondent fail to properly request a hearing in accordance with section 119.07 of the Revised Code, that respondent shall will be deemed to have waived his or her right to participate in any and all proceedings in front of a hearing officer should an administrative hearing take place.

Notes

Ohio Admin. Code 3301-73-05

Effective: 7/27/2023
Five Year Review (FYR) Dates: 5/12/2023 and 07/27/2028
Promulgated Under: 119.03
Statutory Authority: 3319.311, 3319.31, 3301.07
Rule Amplifies: 3319.311
Prior Effective Dates: 09/25/2004, 05/23/2009, 03/27/2014