Ohio Admin. Code 3701-64-04 - Hearing procedure
(A) For the convenience of accused
individuals or witnesses, the director may consolidate hearings on allegations
of abuse, neglect, exploitation, or misappropriation that involve a common set
of circumstances.
(B) The director
shall appoint an attorney who is licensed to practice law in Ohio to serve as
hearing officer and to preside at the hearing. The hearing officer shall not
have been involved directly with the director's investigation of the allegation
and shall have the same powers and authority in conducting the hearing as the
director.
(C) For the purposes of
conducting a hearing under this rule, the director may issue subpoenas
compelling attendance of witnesses or production of documents.
(1) The subpoenas shall be served in the same
manner as subpoenas and subpoenas duces tecum issued for a trial of a civil
action in a court of common pleas.
(2) If a person who is served a subpoena
fails to attend a hearing or to produce documents, or refuses to be sworn or to
answer any questions put to him or her, the director may apply to the common
pleas court of the county in which the person resides, or the county in which
the long-term care facility or residential care facility is located, for a
contempt order, as in the case of a failure of a person who is served a
subpoena issued by the court to attend or to produce documents or a refusal of
such person to testify.
(3) If the
accused desires to compel the attendance of witnesses or the production of
documents at the hearing, the accused shall request that the director issue the
desired subpoena not later than seven days prior to the hearing. The director
shall issue any subpoena which is requested timely under paragraph (C) of this
rule.
(D) The hearing
shall be recorded by video or audio tape, or by a
stenographer. The
with the method of
recording shall be determined by the
director. The record shall include all testimony, other evidence, and rulings
on objections presented at the hearing.
(E) The hearing officer may administer oaths
and affirmations, shall regulate the conduct of the hearing, shall rule upon
the admissibility of evidence and objections. If the hearing officer refuses to
admit certain evidence, any proffer of that evidence shall be made a part of
the hearing record.
(F) The hearing
officer may call the accused to testify under oath as upon
crossexamination.
(G) The accused
is entitled to have an attorney present at the hearing, to present evidence and
to cross-examine witnesses. The accused may be represented at the hearing by a
person who is not an attorney if the accused does not pay a fee to the person
for the representation.
(H) The
hearing officer may be guided by but shall not be bound by the "Ohio Rules of
Evidence" (as amended July 1, 2012
July 1, 2020) when he or she conducts the hearing. The
hearing officer shall consider all relevant testimonial and documentary
evidence which is admitted into the record during the hearing.
(I) The hearing officer shall send a written
report to the director and the accused by ordinary mail or hand delivery within
fifteen days after the conclusion of the hearing. The report shall contain
findings of fact, conclusions of law, and a recommendation whether the director
should make a finding that the accused abused, neglected, or exploited a
resident or misappropriated property of a resident. The hearing officer's
findings shall be based on a preponderance of the evidence adduced at the
hearing.
(J) Either party may file
written objections to the report and recommendation of the hearing officer. The
objections shall be sent or hand-delivered to the director and the other party
within fifteen days after the mailing or hand delivery of the report and
recommendation. Either party may file with the director a written response to
the objections of the other party within ten days after the objections were
mailed or hand-delivered.
Notes
Promulgated Under: 119.03
Statutory Authority: 3721.26
Rule Amplifies: 3721.23
Prior Effective Dates: 01/10/1992, 06/11/2001, 06/10/2011, 04/18/2016, 02/02/2019
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