Ohio Admin. Code 3745-47-17 - Record

(A) After the initiation of an adjudication proceeding, a record of the adjudication proceeding shall be maintained at the expense of the agency. Such record shall include the following pertaining to the adjudication proceeding:
(1) The adjudication file maintained pursuant to rule 3745-47-05 of the Administrative Code.
(2) Any stenographic record as defined in paragraph (S) of rule 3745-47-02 of the Administrative Code.

(3) Offers of proof.

(4) Stipulations.

(5) Written motions.

(6) Exhibits.

(7) Requests.

(8) Objections.

(9) Answers.

(10) Comments submitted on the proposed action.

(11) Written statements.

(12) Correspondence.

(13) Briefs.

(14) A copy of the proposed action.

(15)(3) Copies of public notices.
(16)(4) The fact sheet, where the agency is required to prepare one.

(17) The report and recommendation of the hearing examiner.

(18)(5) The record of a public meeting.
(19)(6) Any comments submitted pursuant to paragraph (D) of rule 3745-49-05 of the Administrative Code.
(20)(7) The report of the presiding officer if a public meeting was held, and written orders or rulings of the hearing examiner.
(8) Any written statement of objection to the report and recommendation of the hearing examiner pursuant to paragraph (C) of rule 3745-47-16 of the Administrative Code.
(9) Any request for an extension of time to submit written statements of objection to the report and recommendation of the hearing examiner pursuant to paragraph (C) of rule 3745-47-16 of the Administrative Code.
(21)(10) Any further documentary evidence and additional testimony, if any, permitted by the director, pursuant to paragraph (D) of rule 3745-47-16 of the Administrative Code, after the filing of the hearing examiner's report and recommendation.
(B) The record shall be the exclusive basis for the decision by the director in an adjudication proceeding.
(C) The director's decision pertaining to the adjudication proceeding shall be added to the record adjudication file.

Notes

Ohio Admin. Code 3745-47-17
Effective: 2/26/2024
Five Year Review (FYR) Dates: 11/30/2023 and 11/30/2028
Promulgated Under: 119.03
Statutory Authority: 3704.03, 3714.02, 3734.02, 3734.021, 3734.12, 3734.70, 3734.71, 3734.72, 3734.73, 3734.74, 3745.01, 3746.04, 3751.02, 3752.03, 3753.02, 6109.04, 6111.03, 6111.041
Rule Amplifies: 119.06, 119.07, 119.08, 119.09, 3745.07
Prior Effective Dates: 07/05/1973, 04/26/1976, 06/30/1981, 04/02/2012

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