Ohio Admin. Code 3745-49-05 - Draft actions and proposed actions
(A)
With respect to
all actions of the agency that would require the agency to afford an
opportunity for an adjudication hearing in accordance with sections
119.06 and
119.07 of the Revised Code and
Chapter 3745-47 of the Administrative Code, the director shall prepare a
proposed action.
(1)
A proposed action shall be issued to the person who is
the subject of the proposed action by certified mail, return receipt requested.
Service shall be complete in accordance with section
119.07 of the Revised Code and
the "Ohio Rules of Civil Procedure" (2011).
(2)
All proposed
actions, except amended proposed actions, shall be accompanied by a notice that
states when and how a person may request an adjudication hearing in accordance
with Chapter 3745-47 of the Administrative Code.
(B)
In any instance
in which the director is not obligated to afford an opportunity for an
adjudication hearing in accordance with sections
119.06 and
119.07 of the Revised Code and
Chapter 3745-47 of the Administrative Code, the director may issue a draft
action to the person subject thereto. All draft actions shall be sent by
certified mail or first class mail to the person subject thereto and shall be
accompanied by a statement as to when a final action may be issued.
(C)
Draft
action or proposed action process determined by effective dates.
(1)
A draft action
or proposed action may bear a date upon which it will become effective as a
final action, or it may be issued with no such date stated. If the draft action
or proposed action bears an effective date, the date shall not be prior to the
following:
(a)
For a proposed action, the deadline for filing an adjudication hearing request
and an objection set forth in rule
3745-47-03
of the Administrative Code.
(b)
For a draft
action, either of the following:
(i)
The deadline for filing comments set forth in
paragraph (D) of this rule.
(ii)
The deadline
for requesting a public meeting set forth in rule
3745-49-13 of the
Administrative Code.
(2)
If a draft
action or proposed action is issued with an effective date, amendments thereto
are issued, and the amended action is entered in the director's journal, the
agency need not, at the time of entry, provide notice or a copy of the amended
action to the person subject thereto.
(3)
If a draft
action or proposed action is issued without an effective date, amendments
thereto are issued, and the agency later assigns an effective date and enters
the amended action in the director's journal, the agency shall mail notice to
the person subject thereto informing such person of the effective date.
(D)
Public comments.
(1)
Any person may
submit written comments relating to a draft action or proposed action.
(2)
All
comments received by the agency not later than thirty days after public notice
in accordance with rule
3745-49-07 of the
Administrative Code, or such longer period as the public notice may specify,
shall be considered by the director prior to issuance of a final action. This
paragraph does not apply to amended draft actions or amended proposed actions
unless the agency gives public notice of the amended draft action or amended
proposed action pursuant to rule
3745-49-07 of the
Administrative Code.
(3)
All comments or statements presented to the agency at
a public meeting held pursuant to rule
3745-49-13 of the
Administrative Code shall be considered by the director prior to issuance of a
final action.
(E)
Amendment and withdrawal of a draft action or proposed
action.
(1)
If
a draft action or proposed action is issued with an effective date, the
director may amend the draft action or proposed action at any time prior to the
stated effective date. A draft action or proposed action issued without an
effective date may be amended at any time prior to entry in the director's
journal as a final action.
(2)
The director may
withdraw a draft action or proposed action prior to the effective date stated,
or if no date is stated, at any time. However, the director may not withdraw a
proposed action after the initiation of an adjudication proceeding in
accordance with Chapter 3745-47 of the Administrative Code unless objections
made in accordance with section
3745.07 of the Revised Code and
rule
3745-47-03
of the Administrative Code and all requests for an adjudication hearing have
been withdrawn or dismissed.
(F)
A draft action
or proposed action shall be issued as a final action in accordance with rule
3745-49-06
of the Administrative Code.
Replaces: 3745-47-05 and part of 3745-47-12
Notes
Promulgated Under: 119.03
Statutory Authority: 6111.041, 6111.03, 6109.04, 3753.02, 3752.03, 3751.02, 3746.04, 3745.01, 3734.74, 3734.73, 3734.72, 3734.71, 3734.70, 3734.12, 3734.021, 3734.02, 3714.02, 3704.03
Rule Amplifies: 3745.07
Prior Effective Dates: 07/05/1973, 06/30/1981, 04/02/2012
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: 3745.07
Prior Effective Dates: 7/5/73, 05/07/76, 06/30/81
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