(A)
The hearing
examiner is responsible for preparing and issuing the hearing decisions under
the authority of the department.
(B)
Basis
(1)
The hearing
examiner's findings of fact shall be based exclusively on the evidence
introduced at the hearing, and upon the submission of additional evidence after
the hearing and subject to examination and rebuttal by the parties as described
in rule 5160-80-06 of the Administrative
Code.
(a)
The
hearing examiner may be guided, but shall not be bound, by the Ohio Rules of
Evidence in conducting hearings and in making findings of fact. The hearing
examiner shall consider all relevant evidence offered at the
hearing.
(b)
Hearsay evidence may be considered by the hearing
examiner in arriving at the findings of fact. However, such evidence must be
critically evaluated, since it is not given under oath and cannot be
cross-examined to test the declarant's perception, memory, and veracity. Direct
evidence shall normally be given more weight than hearsay evidence when the two
are in conflict.
(C)
Content of
hearing decision.
The hearing decision shall separately
set forth the issue to be decided of whether the amount determined for
reimbursement of medical assistance paid by the department or county department
should be different than set forth in section
5160.37 of the Revised Code, the
hearing examiner's findings of fact, conclusions of law, and the decision and
order.
(1)
The procedural matters shall be addressed first. These
include, but are not limited to, delays due to postponement, resolution of
disputes as to standing, and status of subpoena requests.
(2)
The findings of
fact shall follow procedural matters. The findings of fact shall be a clear and
orderly chronological discussion of the facts and events relevant to the
reimbursement issue.
(3)
Conclusions of law shall follow findings of fact. The
decision shall clearly indicate the basis for each conclusion of law, to
include discussion of the relative weight given to conflicting evidence in
arriving at the decision as well as a discussion of any relevant
law.
(D)
Notification
The hearing examiner shall file its
hearing decision with the depository agent. The decision shall provide notice
to the appellant of the right to and the method of obtaining an administrative
appeal. Within five business days of the decision's filing with the depository
agent, the depository agent shall mail a copy of the hearing decision by
regular U.S. mail to the appellant and to the appellant's attorney or
authorized agent and to counsel for the county or county
department.
(E)
Hearing record
The hearing decision, together with the
hearing recording, documents admitted into evidence at the hearing and all
papers and requests filed in the proceeding, shall constitute the hearing
record. The hearing record shall be maintained by the department in accordance
with applicable record retention requirements. It will be made available for
review by a party upon request.
(F)
Binding
effect
A hearing held on an appellant's
hearing request resulting in a hearing decision is final and binding upon the
parties, has res judicata effect, and only subject to review through the appeal
process set forth in section
5160.37 of the Revised Code and
rule 5160-80-09 of the Administrative
Code.
Notes
Ohio Admin. Code
5160-80-08
Effective:
6/13/2016
Five Year Review (FYR) Dates:
06/13/2021
Promulgated
Under: 119.03
Statutory
Authority: 5160.02
Rule
Amplifies: 5160.37
