Ohio Admin. Code 5160-80-09 - Administrative appeal of the hearing decision
(A)
An appellant who
disagrees with a hearing decision has the right to request an administrative
appeal from the director.
(B)
Notice of the right to and the method of obtaining an
administrative appeal shall be included in all hearing denial notices, hearing
dismissal notices, and hearing decisions.
(C)
Administrative
appeal requests
(1)
A request for an administrative appeal must be in
writing and signed by the appellant or the appellant's authorized
representative or attorney.
(2)
Written
documentation of the appointment of an authorization representative must
accompany the appeal request made on an appellant's behalf by the appellant's
authorized representative, unless the representative was the authorized
representative of record at the hearing stage, or the request is made by the
appellant's attorney.
(3)
The request must be received by the depository agent
within fifteen calendar days from the date the hearing decision being appealed
was mailed.
(D)
Denial of administrative appeal
(1)
An administrative
appeal request may be denied for any of the following reasons:
(a)
It is not made by
the appellant's or by the appellant's authorized representative or attorney, as
required by paragraph (C)(2) of this rule.
(b)
It is not timely,
as defined by paragraph (C)(3) of this rule.
(2)
The department
shall file written notice of the denial with the depository agent.
The depository agent within five business days of
filing of the denial shall mail copies of the denial by regular U.S. mail to
the appellant and to the appellant's authorized representative or attorney and
to counsel for the department or county department.
(E)
Review by the
director of the administrative appeal.
(1)
The decision is
contrary to the weight of the evidence presented.
(2)
A prejudicial
error was committed in the course of the proceedings.
(3)
The decision
relies on an incorrect application of law or rule.
(F)
Administrative
appeal decisions
(1)
The director shall review the appeal request and the
hearing record. The director shall issue an administrative appeal decision
which addresses the issues of fact and law raised in the appeal request. The
director shall adopt the hearing decision when it contains a correct
application of law and is supported by the record. The director shall amend the
findings of facts or conclusions of law of the hearing decision that contain
any errors or do not correctly apply the appropriate laws, rules or burden of
proof, and clearly explain the reason and basis for any such amendment. The
director may reverse the hearing decision and remand the case to the hearing
examiner for additional action if the appellant met the requisite burden of
proof or there was a procedural or other type of error that resulted in an
unfair or prejudicial process for the appellant. The director also may remand
the matter to the hearing examiner for additional testimony or to permit the
introduction of further documentary evidence. The director may reverse,
decrease, or increase any monetary finding made for the appellant if there is a
basis in either law or the record for this action.
(2)
The director
shall file with the depository agent the director's administrative appeal
decision, which shall include notice of right to file an appeal with the court
of common pleas of Franklin county in accordance with section
119.12 of the Revised Code.
Within five business days of the filing, the depository agent shall mail a copy
of the administrative appeal decision to the appellant and to the appellant's
attorney or authorized representative and to counsel for the department or
county department.
(G)
Administrative
appeal record
(H)
Finality
(1)
An administrative appeal decision that affirms,
reverses, or modifies the hearing decision being appealed is final and binding
upon the parties, has res judicata effect, and is only subject to appeal
through the process set forth in section
119.12 of the Revised
Code.
(2)
An administrative appeal decision that vacates the
original decision and remands the case does not constitute a final
administrative resolution.
Notes
Promulgated Under: 119.03
Statutory Authority: 5160.02
Rule Amplifies: 5164.37
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