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Rule 3301-73-01 | Applicability of rules.
If any provision of the rules in Chapter 3301-73
of the Administrative Code is held invalid or if the application of any
provision of the rules in Chapter 3301-73 of the Administrative Code to any
person or circumstance is held invalid, the invalidity does not affect any
other provision of the rules in this chapter, or the application of any other
provision of the rules in Chapter 3301-73 of the Administrative Code, that can
be given effect without the invalid provision or application, and, to this end,
the provisions of the rules in this chapter are hereby declared severable. The
promulgation of the rules in this chapter does not limit the state board's
or superintendent's authority to establish policies and procedures to
carry out the duties assigned under Title XXXIII of the Revised Code, rule
3301-20-01 of the Administrative Code, and Chapter 3301-73 of the
Administrative Code.
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Rule 3301-73-02 | Delegation.
(A) The state board authorizes the
superintendent, on its behalf, to initiate proceedings under Chapter 119. of
the Revised Code including, but not limited to, automatic revocation or denial
of a respondent's license. (B) The superintendent will determine whether the results of an
investigation warrant closing the investigation without taking disciplinary
action or initiating an action for the state board to limit, suspend, revoke or
deny licensure pursuant to section 3319.31 of the Revised Code. If the
superintendent determines such an action is warranted, the superintendent will
notify the respondent of the superintendent's determination, as well as
the respondent's rights under Chapter 119. and section 9.79. of the
Revised Code including the right to a hearing and to be represented by
counsel. (C) The state board authorizes the superintendent, on its behalf,
to issue a written order revoking or denying issuance of licensure and
reinstating licensure under division (C) of section 3319.31 of the Revised
Code. (D) The state board authorizes the
superintendent, on its behalf, to enter into a consent agreement with a person
against whom action is being taken under sections 9.79, 3319.15, 3319.151,
3319.31, 3319.311 and 3314.103 of the Revised Code. (E) The state board authorizes the
superintendent, on its behalf, to issue a letter of admonishment to persons
against whom action is being taken under sections 9.79, 3319.15, 3319.151,
3319.31, 3319.311 and 3314.103 of the Revised Code. (F) The state board authorizes the
superintendent, on its behalf, to take any action necessary to further an
investigation into any information received about a person that reasonably
appears to be a basis for action under sections 9.79, 3319.15, 3319.151,
3319.31, 3319.311 and 3314.103 of the Revised Code.
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Rule 3301-73-03 | Definitions.
(A) "State board" under this
chapter means the Ohio state board of education. (B) "Superintendent" under this
chapter means the superintendent of public instruction or his/her designee as
determined by the superintendent. (C) "Department" under this
chapter means the Ohio department of education as defined in section 3301.13 of
the Revised Code. (D) "District" under this
chapter means all school districts as described under Chapter 3311. of the
Revised Code, educational service centers, community schools, STEM schools,
college preparatory boarding schools, county boards of DD, chartered non-public
schools, preschool programs or any other future school chartered by the
department. (E) "Respondent" under this
chapter means an educator, as defined under paragraph (I) of this rule, subject
to action under section 3319.31 of the Revised Code. (F) "Parties" under this
chapter means the Ohio department of education and the respondent as defined
under paragraph (E) of this rule. (G) "License" under this
chapter means the same as the term license as defined in division (A) of
section 3319.31 of the Revised Code. (H) "Disciplinary action" under this chapter means a
final disposition of an investigation by any professional licensing entity in
this state or another jurisdiction. This can include, but is not limited to, a
letter of admonishment, consent agreement, suspension, revocation, permanent
revocation, limitation, denial or permanent denial of a license, or the
voluntary surrender or voluntary denial of a license. (I) "Educator" under this chapter means any person
holding, or having held, any license, certificate, or permit issued by the
department or any person applying for any license, certificate, or permit
issued by the department.
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Rule 3301-73-04 | Confidentiality of investigative records.
(A) All information obtained during an
investigation is confidential and is not a public record under section 149.43
of the Revised Code except as provided in paragraphs (B) to (H) of this
rule. (B) If the state board and the respondent enter into a
consent agreement under division (E) of section 3319.311 of the Revised Code
and rule 3301-73-23 of the Administrative Code, the consent agreement is a
public record under rule 3301-73-23 of the Administrative Code. (C) If the superintendent issues a letter of admonishment
under rule 3301-73-22 of the Administrative Code, the letter of admonishment
and any response thereto is a public record under rule 3301-73-22 of the
Administrative Code. (D) If the superintendent concludes that the results of the
investigation warrant initiating an action under section 3319.31 of the Revised
Code, except as provided in paragraph (E) of this rule, only the information
listed in paragraphs (D)(1) to (D)(13) of this rule is a public record under
section 149.43 of the Revised Code: (1) The notice of
opportunity for an administrative hearing under Chapter 119. of the Revised
Code; (2) Respondent's
written request for an administrative hearing under Chapter 119. of the Revised
Code; (3) Any request filed by a party for a
continuance of an administrative hearing and the subsequent judgment entry
filed by the hearing officer; (4) Exhibits admitted into evidence in an
administrative hearing on behalf of the parties unless the exhibits are
admitted by the hearing officer under seal; (5) Any list of witnesses and documents,
provided by the parties, that describes evidence or witnesses intended to be
introduced in an administrative hearing; (6) Any documents used by the department
to fulfill its statutory obligation under sections 119.01 to 119.13 of the
Revised Code to schedule the hearing; (7) All other motions and
any responses made in writing and filed by the parties; (8) All other entries
filed by the hearing officer; (9) The administrative hearing
transcript, except for portions of the transcript sealed by the hearing
officer; (10) The
superintendent's proposed resolution to be submitted to the state
board; (11) The report and
recommendation of the hearing officer; (12) Objections to the
hearing officer's report and recommendation, any motion to strike the
objections to the hearing officer's report and recommendation, any
response to the motion to strike, and the hearing officer's decision on
the motion to strike; (13) The state
board's final resolution; and (14) All other
information obtained will remain confidential and is not a public record under
section 149.43 of the Revised Code. (E) If the superintendent concludes that the results of the
investigation warrant initiating an action under division (C) of section
3319.31 of the Revised Code to automatically revoke or deny a license, only the
following three documents are public records under section 149.43 of the
Revised Code: (1) The written order
issued by the superintendent to revoke or deny the license; (2) The certified court
records of the conviction, which is the basis for the revocation or denial of
the license; and (3) Any notice of appeal
related to the conviction, which is the basis for the revocation or denial of
the license. (F) Information received by the department, pursuant to an
investigation is confidential and not subject to discovery in any civil action.
The department may disclose information that is not a public record when
ordered to do so by a court order and/or a subpoena issued only by a court with
a pending legal action before it that is evidenced by an official docket number
issued by the court and/or a local, state or federal agency with statutory
subpoena authority. (1) If the department
determines that disclosure pursuant to a subpoena would be a violation of
privilege, statute, or rule, the department may apply to either the issuing
agency or the court for a protective order. While the application for
protective order is pending, the department will not disclose the subpoenaed
information. (2) The department is
precluded from issuing a subpoena to itself for records that are confidential
under section 3319.311 of the Revised Code. (G) All disciplinary actions taken by the state board of
education are public record, and will be maintained with the department's
official records. (H) All disciplinary actions taken by the state board will
be reported to national databases that list educator disciplinary actions
including, but not limited to, the national association of state directors of
teacher education and certification (www.nasdtec.org). (I) Any public record under section 149.43 of the Revised
Code released pursuant to this rule will be redacted to remove any confidential
information as required by federal, state or local law. (J) All offers of settlement, proposals of adjustment, and
proposed stipulations not agreed to will be privileged, are not admissions, are
not admissible in evidence against the party making the offer or proposal, and
are not public records under section 149.43 of the Revised Code.
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Rule 3301-73-05 | Notice for opportunity for hearing; failure to request.
(A) The superintendent will determine if
the results of an investigation warrant initiating an action to limit, suspend,
revoke, or deny a license. (B) If the results of an investigation
warrant initiating an action, the superintendent will give notice of an
opportunity for a hearing in accordance with sections 9.79 and 119.01 to 119.13
of the Revised Code. Nothing in this provision prohibits the superintendent
from amending the notice for the proposed action. (C) The notice will also inform the
respondent that if he/she fails to request a hearing within thirty calendar
days in accordance with section 119.07 of the Revised Code, or fails to appear
at a scheduled hearing, the state board may suspend, limit, deny or revoke, as
applicable, any licenses held or applied for without holding an administrative
hearing. (D) The respondent is responsible to
ensure that the respondent's mailing address and email address listed in
the respondent's account in the licensure database, that is maintained by
the department, is up to date. (E) Should the respondent fail to properly request a
hearing in accordance with section 119.07 of the Revised Code, that respondent
will be deemed to have waived his or her right to participate in any and all
proceedings in front of a hearing officer should an administrative hearing take
place.
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Rule 3301-73-06 | Filing.
(A) A certificate of service is not
required for a filing of a request for hearing under section 119.07 of the
Revised Code. A hearing request is properly filed when it is made after the
issuance of a notice of an opportunity for hearing, made in writing by the
named individual or his or her duly authorized representative, and received by
the department within thirty days of the mailing of the notice of an
opportunity for hearing. (B) Paragraphs (C) to (H) of this rule apply after a proper
request for an administrative hearing is received by the
department. (C) A document is "filed" when it is received by the
department by midnight. The burden of ensuring that the document(s) is properly
and timely filed is borne by the party filing the document(s). (D) A party may file a document with the department in person, by
mail, facsimile, or electronic mail. (E) All documents will contain the name, mailing address, email
address and telephone number of the party submitting it and will be
appropriately captioned to indicate the name of the party on whose behalf the
document is filed. (F) Any document necessitating service by a party may be served
in person, by mail, facsimile, or electronic mail. Service is complete on the
date of mailing, date of personal service, date of facsimile of the document,
or date of the electronic mail of the document. (G) Any signed statement is an acceptable certificate of service
so long as it contains all of the following information: (1) Date of
service; (2) Email and physical
address where service was made; (3) Name of the party or
authority that was served; and (4) Method of
service. (H) If a document(s) is not filed in accordance with this rule,
the state board or hearing officer may, at its/ his/her discretion, accept the
document upon establishment of proof of good faith. (I) This rule does not apply when a respondent is perfecting an
appeal under section 119.12 of the Revised Code.
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Rule 3301-73-07 | Intervention.
Petitions to intervene on behalf of any party are
not permitted.
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Rule 3301-73-08 | Notice of date, time and place of hearings.
(A) Notice specifying the date, time and place set for hearing is
to be served as provided in Chapter 119. of the Revised Code. A continuance of
a scheduled hearing date is to be filed in accordance with rule 3301-73-10 of
the Administrative Code. This notice may be served electronically. (B) All hearings will be held virtually or in Columbus, Ohio, at
the discretion of the hearing officer, unless the superintendent or hearing
officer determines that it is in the best interest of the public or the parties
that the hearing be held in a different location, other than virtually or in
Columbus, Ohio. This provision does not limit the hearing officer's
discretion to allow the receipt of evidence in a place other than Columbus,
Ohio. (C) In the event of a virtual hearing, the video conference
platform selected should enable the parties, the hearing officer, court
reporter, and witnesses to see and converse with each other and to display
documentary and physical evidence. The video conference platform selected
should be widely available to the general public to watch and listen to the
hearing, upon request, unless the hearing portions thereof are closed to the
public by the hearing officer in accordance with rule 3301-73-09 of the
Administrative Code.
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Rule 3301-73-09 | Authority and duties of hearing officers.
(A) Administrative hearings will be conducted before a
hearing officer pursuant to section 3319.311 and Chapter 119. of the Revised
Code. (B) All hearings will be open to the public, but, upon
motion by either party or at the hearing officer's discretion, the hearing
officer may close the hearing to the extent necessary to protect compelling
interests and rights or to comply with statutory requirements. In the event the
hearing officer closes the hearing, the hearing officer should state the
reasons therefore in the public record. (C) The hearing officer will conduct hearings in such a
manner as to prevent unnecessary delay, maintain order, and ensure the
development of a clear and adequate record. (D) The authority of the hearing officer includes, but is
not limited to, the authority to: (1) Administer oaths and affirmations; (2) Examine parties and witnesses; (3) Direct parties and witnesses to testify; (4) Make rulings on the admissibility of
evidence; (5) Make rulings on procedural motions, whether such
motions are oral or written; (6) Hold pre-hearing conferences; (7) Request briefs before, during or following the hearing,
as well as suggested findings, orders, and conclusions of law within such time
limits as the hearing officer may determine; (8) Prepare entries, findings, orders, or reports and
recommendations; (9) Request preparation of entries, findings, or
orders; (10) Issue instructions as to how the proceeding is to be
conducted in the event of a virtual hearing; (11) Rule on any challenges to a witness' competence,
capacity or identity; (12) Order issuance of subpoenas and subpoenas duces tecum
compelling the attendance of witnesses at hearings and depositions testimony
and the production of evidence for hearings; (13) Allow depositions in lieu of live
testimony; (14) Provide or disallow oral or written opening statements
and closing arguments; (15) Consolidate one or more matters involving the same
respondent into one hearing; (16) Take such other actions as may be necessary to
accomplish the purposes of paragraph (C) of this rule; and (17) Determine the order in which any hearing is to
proceed. (E) If the hearing officer determines that permitting
broadcasting, televising, recording or the taking of photographs in the hearing
room would not distract participants, impair the dignity of the proceedings,
violate student confidentiality, or otherwise materially interfere with the
achievement of a fair administrative hearing, the broadcasting, televising,
recording, or taking of photographs during hearing proceedings open to the
public may be permitted under the following conditions: (1) Request for permission for broadcasting, televising,
recording, or taking of photographs in the hearing room are made in writing and
submitted to the hearing officer prior to the start of the hearing and are part
of the record of the proceedings; (2) Written permission is granted prior to the start of the
hearing by the hearing officer and is made part of the record of
proceedings; (3) The filming, videotaping, recording, or taking of
photographs of witnesses who object is not permitted: and (4) Any film, video, photograph, or audio recording created
during a hearing, except for an audio recording made by the court reporter
hired by the state board to prepare the stenographic hearing record, will not
be part of the record of proceeding. (F) The hearing officer is to rule on parties' motions
with all possible speed. (G) The hearing officer
has such other powers, duties, and authority as are granted by statutes or
rules. (H) The authority of the
hearing officer does not include authority to do any of the
following: (1) Grant motions for dismissal of an action; (2) Compromise or settle any action; or (3) Rule on questions of the constitutionality of federal,
state or local laws or rules. (I) All rulings by a
hearing officer on evidence and motions, including motions for recusal, and on
any other procedural matters will be subject to review by the state board upon
presentation of the proposed findings of fact and conclusions of law of the
hearing officer. When such rulings warrant, the matter may be remanded to the
hearing officer for further proceedings or clarification. (J) An administrative hearing will not be a forum to
re-adjudicate the original order of a professional licensing board to limit,
suspend, revoke, or deny licensure.
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Rule 3301-73-10 | Continuance of a hearing.
(A) The department may continue a hearing
on its own motion as provided by the rules in this chapter and Chapter 119. of
the Revised Code. (B) The parties may agree to continue a
hearing. If the parties agree to continue a hearing, the hearing officer will
grant a continuance of the hearing. (C) The hearing officer may continue a hearing upon a written
motion of any party. Unless the parties agree, hearings will not be continued
upon motion by a party unless a showing of reasonable cause and proper
diligence is presented. Before granting any continuance, the hearing officer
will consider the showing of reasonable cause and proper diligence along with
the potential harm that may result from the granting of the motion. The hearing
officer may grant a continuance if requested less than seven calendar days
prior to the scheduled date of the hearing if the parties agree or if a party
demonstrates that an extraordinary situation exists which could not have been
anticipated and which would justify the granting of a continuance. (D) All motions for a continuance and
any supporting documentation are to be filed with the department and served by
the moving party on both the hearing officer and the opposing
party. (E) If a continuance is granted, the hearing officer will,
without any unnecessary delay, establish a new hearing date and notify the
parties, in writing, of the new hearing date.
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Rule 3301-73-11 | Motions.
(A) All motions, except as otherwise
provided under this chapter or Chapter 119. of the Revised Code, unless made
upon the record at the hearing, will be made in writing. (B) A written motion shall state with
particularity the relief or order sought, be accompanied by a memorandum
setting forth the grounds therefore, and shall be filed in compliance with rule
3301-73-06 of the Administrative Code. A proposed entry may accompany any
motion. (C) All motions except for motions for
continuance and those motions filed subsequent to the close of the
administrative hearing record shall be made no later than fourteen days before
the date of hearing unless express exception is granted by the hearing officer
or by this chapter. (D) All motions, together with supporting documentation, if any,
shall be served by the moving party on the department , opposing party and the
hearing officer. (E) Within ten days from the date of service of a written motion,
or such other time as is fixed by the hearing officer, a response to that
motion may be filed. No reply responses are to be permitted. (F) Before ruling upon a written motion, the hearing officer will
consider all memoranda and supporting documents filed. The hearing officer will
make a ruling on a written motion within fourteen days after the response to a
motion is due. Any requests to extend the time to file the ruling must be
submitted in writing to the superintendent and include an explanation why such
extension is necessary. Such request will be decided by the superintendent or
his/her designee. The hearing officer will file a written ruling that includes
a statement of the reasons for the ruling with the department. The department
will serve copies of the ruling on the parties and/or their
counsel. (G) The ruling on all oral motions made
at hearing will be included in the record except where the hearing officer
elects to take the motion under advisement and issue a written ruling at a
later time.
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Rule 3301-73-12 | Pre-hearing conferences; status conferences.
(A) Upon being appointed to preside over
an administrative hearing, the hearing officer may, in accordance with
paragraph (D) of this rule, schedule a pre-hearing conference and direct
participation by the parties in the pre-hearing conference. (B) The hearing officer will, in accordance with paragraph (D) of
this rule, upon motion of any party, schedule a pre-hearing
conference. (C) The hearing officer will issue a
journal entry setting the date and time for any pre-hearing
conference. (D) Pre-hearing conferences may be held for the following
purposes: (1) Identification of
issues; (2) Obtaining
stipulations and admissions; (3) Agreements limiting
the number of witnesses; (4) Discussion of
documents, exhibits, and witness lists; (5) Estimating the time
necessary for hearing; (6) Scheduling hearing
dates and times; (7) Establishing other
scheduling orders; or (8) Discussion of any other matters the
hearing officer deems appropriate. (E) Procedural orders may be issued by the hearing officer based
upon information obtained at a pre-hearing conference. The hearing officer will
issue an entry journalizing any procedural orders. (F) The proceedings at a pre-hearing conference are informal, but
the hearing officer may prepare, or order prepared, an entry journalizing the
agreements reached and decisions made at the pre-hearing conference, including
any admissions, stipulations, or proposals agreed to. (G) Pre-hearing conferences may be held
in person or via video, telephonic, or other electronic means. (H) All journal entries, issued pursuant
to this rule, will be filed with the department in accordance with rule
3301-73-06 of the Administrative Code.
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Rule 3301-73-13 | Subpoenas.
(A) Paragraphs (B) to (I) of rule
3301-73-13 of the Administrative Code apply only for purposes of an
administrative hearing conducted pursuant to Chapter 119. of the Revised
Code. (B) Except as provided in paragraph (I)
of this rule, upon written request of any party, the superintendent will issue
subpoenas to compel the attendance and testimony of witnesses and production of
information, in whatever form maintained, or tangible objects which may be or
may lead to relevant evidence. Each subpoena will indicate on whose behalf the
witness is required to testify and shall include contact information for the
requesting party and/or the attorney for the requesting party. Signed subpoenas
shall be mailed to the requesting party. Each party shall be responsible for
service of subpoenas requested. (C) Subpoena requests shall specify the
name and address of the person to be served and the date, time and location at
which they are to appear at the administrative hearing. Subpoena requests for
minors shall include the name of a parent, guardian, or custodian of the
minor. If the subpoena includes a duces tecum request,
the specific documents or tangible objects to be produced at the administrative
hearing shall be listed in the request. (D) Subpoena requests are to be filed
with the department at least fourteen days in advance of the requested date of
compliance and in accordance with rule 3301-73-06 of the Administrative Code.
In the event that the number of subpoenas requested appears to be unreasonable,
the hearing officer may therefore require a showing of necessity, and, in the
absence of such showing, may limit the number of subpoenas. Absent such a
limitation, subpoenas shall be issued within seven days of request except for
subpoena requests that fail to comply with rule 3301-73-06 or paragraphs (B) to
(I) of rule 3301-73-13 of the Administrative Code. Failure to issue subpoenas
within this time may constitute sufficient grounds for the granting of a
continuance. (E) The hearing officer may request on
his/her own authority or at the request of a party the superintendent to issue
subpoenas for purposes of the hearing to compel the attendance and testimony of
witnesses and production of information, in whatever form maintained, or
tangible objects which may be or may lead to relevant evidence. (F) Upon motion and for good cause, the
hearing officer may order any subpoena be quashed. (G) Witnesses will not be subpoenaed to
pre-hearing conferences as detailed in rule 3301-73-12 of the Administrative
Code. (H) Respondents do not have the right to
request the superintendent to issue subpoenas for the department's
records that are confidential under section 3319.311 of the Revised Code.
Respondents do not have the right to request the superintendent to issue
subpoenas to compel an employee of the department's attendance at a
hearing for the purpose of testifying about the department's records that
are confidential under section 3319.311 of the Revised Code. (I) Respondents do not have the right to request the
superintendent to issue subpoenas to compel the respondent's own
attendance at a hearing.
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Rule 3301-73-14 | Depositions in lieu of testimony, prior testimony, and testimony by electronic means at a hearing.
(A) Upon written motion of any party, and
upon service of that motion to the opposing party, the hearing officer may
order that the testimony of a witness be taken by deposition in lieu of live
testimony under such conditions and terms as the hearing officer will set, and
may order that any information, in whatever form maintained, be produced so
long as not privileged, at the same time and place of the deposition if it
appears probable that: (1) The witness will be
unavailable to attend the administrative hearing; (2) The testimony of the
witness is material; (3) The testimony of the
witness is necessary; (B) The parties will agree to the time
and place for taking the deposition in lieu of live testimony. Depositions will
be conducted in the same county in which the hearing is conducted unless
otherwise agreed to by the parties. If the parties are unable to agree, the
hearing officer will set the time and place of the deposition. At a deposition
taken pursuant to this rule, parties will have the right to fully examine
witnesses as if the testimony was live at hearing. The hearing officer has the
discretion to be present at the deposition. (C) A transcript will be made of a
deposition taken under this rule and will be filed with the department. The
cost of preparing a transcript of any testimony taken by deposition in lieu of
live testimony at hearing will be borne by the department. The cost of any
video deposition will be borne by the requestor. (D) A deposition taken under this rule may be offered into
evidence at hearing by any party, in lieu of the witness' live testimony
at hearing. (E) Any deposition or transcript of prior testimony of a
witness may be used for the purpose of refreshing the recollection,
contradicting the testimony or impeaching the credibility of that witness. If
only a part of a deposition of prior testimony is offered into evidence by a
party, the opposing party may offer any other part. A transcript of testimony
and exhibits from a prior court or administrative proceeding may be introduced
for any purpose if that prior proceeding forms the basis for the allegations in
the current case. Upon offering part of a transcript or exhibit from a prior
proceeding, the offering party may be required by the opposing party to present
any other part of the offered item which should in fairness be considered
contemporaneously with it. (F) Upon written motion of any party, and
upon service of that motion to the opposing party, the hearing officer will
permit that the testimony or deposition of a witness be taken by video,
telephonic or other electronic means unless the hearing officer determines that
there is a compelling reason for the witness to testify in person. Testimony of witnesses by video, telephonic or electronic means
will be admitted into the hearing record as if the witness testified live at
hearing. The hearing officer may permit the use of electronic or photographic
means for the presentation of other evidence at hearing. (G) "Unavailable to attend an
administrative hearing" includes, but is not limited to, the following
situations: (1) The witness is
unavailable to be present or testify at the hearing because of then-existing
infirmity, physical illness, or mental illness; (2) The witness would be
caused a hardship to attend the hearing; or (3) A party has been
unable to procure the witness' attendance at the hearing by service of
process or other reasonable means. (H) In the case of an expert witness, a
showing of the unavailability of the expert is not necessary for the hearing
officer's consideration of the motion of a party to take a deposition in
lieu of live testimony or to testify by video, telephonic or electronic
means.
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Rule 3301-73-15 | Stipulations by parties.
Effective:
March 27, 2014
The parties, by stipulation, may agree on any or all facts or conclusions of law involved in proceedings before the hearing officer. The hearing officer may thereafter require development of any fact deemed necessary for just adjudication. The parties, by stipulation, may agree to the admission of exhibits into evidence at hearing. All stipulations agreed to by the parties shall be in writing or read into the administrative hearing record.
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Rule 3301-73-16 | Witnesses.
(A) All witnesses at any administrative
hearing or during any deposition in lieu of live testimony at hearing shall
testify under oath or affirmation. (B) A witness may be accompanied and
advised by legal counsel who has been admitted to practice law in the state of
Ohio. Participation by counsel for a witness other than the respondent is
limited to protection of that witness' rights, and counsel for a witness
may neither examine nor cross-examine any witnesses. (C) Should a witness refuse to answer a
question ruled proper at a hearing or disobey a subpoena, the state board may
institute contempt proceedings pursuant to section 119.09 of the Revised
Code. (D) Neither a presiding board member nor
a presiding hearing officer is a competent witness in any administrative
proceeding or subject to deposition in lieu of live testimony. A presiding
board member is a board member who has a decisive role in the outcome of the
matter in question. A presiding hearing officer is the hearing officer assigned
to the matter in question. Evidence or testimony from other persons relating to
the mental processes of a presiding board member or presiding hearing officer
shall not be admissible in any adjudication proceeding. (E) Unless the testimony of a
non-presiding state board member or a non-presiding hearing officer is material
to the factual allegations set forth in the notice of opportunity for hearing,
neither a non-presiding state board member nor a non-presiding hearing officer
may be a witness or subject to deposition in lieu of live testimony in any
adjudication proceeding. A non-presiding board member is a sitting or former
board member who does not have a decisive role in the outcome of the matter in
question due to recusal, absence or other reason. A non-presiding hearing
officer is a hearing officer not assigned to the matter in
question. (F) Any party may move for a separation
of witnesses. Absent exceptional circumstances, the hearing officer will order
a separation of witnesses. A separation of witnesses does not apply to the
parties or the designated representative(s) of the parties. The hearing officer
will determine whether a separation of witnesses will apply to expert
witnesses. (G) Each party, prior to or immediately
upon the start of a hearing, shall inform the hearing officer of the identity
of each potential witness for his/her case present in the hearing . A witness
who remains in the hearing during testimony after a separation of witnesses is
ordered will be disqualified by the hearing officer from testifying in the
hearing.
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Rule 3301-73-17 | Certified records.
(A) A certified copy of any law
enforcement record, court record, agency record, employment record, or other
acknowledged document kept in the ordinary course of business is self
authenticating. (B) A certified copy of a plea of guilty
to or a judicial finding of guilt to any crime is conclusive proof of the
commission of all of the elements of the crime. (C) A certified copy of any prior
disciplinary action by any licensing entity in this state or in another
jurisdiction is conclusive proof of the prior disciplinary action.
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Rule 3301-73-18 | Evidence.
Effective:
September 25, 2004
(A) The Ohio rules of evidence may be taken into consideration by the hearing officer in determining the admissibility of evidence, but shall not be controlling.
Last updated May 12, 2023 at 10:00 AM
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Rule 3301-73-19 | Transcripts.
(A) The respondent may obtain duplicate
transcripts of the stenographic record taken of a hearing directly from the
court reporter at the requestor's expense. (B) Transcripts of an administrative hearing are a public
record under section 149.43 of the Revised Code and will be redacted in
accordance with paragraph (J) of rule 3301-73-04 of the Administrative
Code. (C) Any portion of a hearing transcript which contains
information that is required to be kept confidential pursuant to federal,
state, or local law will be sealed by order of the hearing officer and made
part of the hearing record. Confidential portions of hearing transcripts are
not a public record under section 149.43 of the Revised Code.
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Rule 3301-73-20 | Reports and recommendations.
(A) Within sixty days following both the
close of the record of an administrative hearing conducted pursuant to Chapter
119. and section 3319.311 of the Revised Code and of receiving the transcript
from the hearing, the hearing officer will submit a written report setting
forth a summary of proceedings, proposed findings of fact and conclusions of
law, and a recommendation of the action to be taken by the state board. The
hearing record will not be considered closed until such time as the record is
complete, as determined by the hearing officer. Any requests by the hearing officer to extend the
time to file the report will be submitted in writing to the superintendent
prior to the sixtieth day and will include an explanation why such extension is
necessary. Such request will be decided by the superintendent. (B) The written report will be filed with the department.
The department will serve the parties as provided under Chapter 119. of the
Revised Code. (C) Pursuant to section 119.09 of the Revised Code, either
party may file written objections to the report and recommendation within ten
days of receipt of the hearing officer's report and recommendation. Filing
of objections will comply with rule 3301-73-06 of the Administrative Code. Only
those objections filed in a timely manner will be considered by the state
board. Either party may file a motion to strike in response to the submission
of objections. A motion to strike must be filed within ten days from the date
of service of the objections. A response to the motion to strike by the parties
may not be filed and will not be considered by the hearing officer. If a motion
to strike is filed, the hearing officer will make a recommendation to the state
board on the motion to strike. (D) Prior to the tenth day after receipt of the report and
recommendation pursuant to section 119.09 of the Revised Code or objections
filed by either party and upon written request, the superintendent may grant an
extension of time within which to file objections. The extension will not be
for more than fourteen days. (E) The state board will consider the hearing
officer's report and recommendation and any objections thereto at the next
possible regularly scheduled meeting, if the state board's agenda permits,
after the time for filing objections, a motion to strike, and a recommendation
on the motion to strike has passed. The state board may decide to accept,
reject, or modify the report and recommendation or remand the matter to the
hearing officer. The state board will memorialize the decision on the report
and recommendation through a written resolution and/or order.
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Rule 3301-73-21 | Conduct unbecoming; aggravating and mitigating factors.
(A) The state board of education will
consider, but not be limited to, the following factors when evaluating conduct
unbecoming under division (B)(1) of section 3319.31 of the Revised
Code: (1) Crimes or misconduct
involving minors; (2) Crimes or misconduct
involving school children; (3) Crimes or misconduct
involving academic fraud; (4) Making, or causing to
make, any false or misleading statement, or concealing a material fact in a
matter pertaining to facts concerning qualifications for professional practice
and other educational matters, or providing false, inaccurate, or incomplete
information about criminal history or prior disciplinary actions by the state
board or another professional licensing board or entity; (5) Crimes or misconduct
involving the school community, school funds, or school equipment/property,
which may include, but are not limited to, findings for recovery by the state
auditor; (6) A plea of guilty to,
a finding of guilt, a conviction, granting of treatment in lieu of conviction,
or a pre-trial diversion program to any offense in violation of federal, state,
or local laws and/or statutes regarding criminal activity; (7) A violation of the
terms and conditions of a consent agreement; (8) A violation of the licensure code of professional
conduct for Ohio educators; (9) A violation of the Revised Code that specifically
addresses educator misconduct including but not limited to sections 3319.151,
3319.15, and 3314.103 of the Revised Code; and (10) Any other crimes or misconduct that
negatively reflect upon the teaching profession, including sanctions and/or
disciplinary action by another state educational entity or another professional
licensing board or entity. (B) If the state board finds that a person has engaged in conduct
unbecoming as described in paragraph (A) of this rule, then the state board may
take the following mitigating and aggravating factors, as applicable and
appropriate, into consideration when determining a final action under section
9.79 and division (B)(1) of section 3319.31 of the Revised Code: (1) The nature and
seriousness of the crime or misconduct; (2) The extent of the
person's past criminal activity or misconduct; (3) The age of the person
when the crime or misconduct was committed; (4) The amount of time
that has elapsed since the person's last criminal activity or
misconduct; (5) The conduct and work
activity of the person before and after the criminal activity or
misconduct; (6) Whether the educator
has completed the terms of his/her probation or deferred
adjudication; (7) Evidence of
rehabilitation and evidence of whether the educator is amenable to
rehabilitation; (8) Whether the person fully disclosed
the crime or misconduct to the state board, the department or the employing
school district; (9) Whether licensure will negatively
impact the health, safety, or welfare of the school community and/or statewide
education community; (10) Whether the educator has previously
been disciplined by the state board of education or any other licensing entity,
including, but not limited to, out-of-state licensing entities; (11) Whether the school district or
educational entity imposed any penalties, sanctions, or other conditions
addressing the educator's professional conduct; (12) Whether the educator has been
employed in any capacity within a school district or educational entity after
having a license, certificate, or permit revoked; and (13) Any other relevant
factor. (C) The lack of a criminal charge,
indictment, prosecution or conviction does not preclude the state board from
investigating and, if appropriate, initiating an action against a
person. (D) The state board will not be precluded
from considering the factors listed in paragraphs (A) and (B) of this rule when
the offense is enumerated in division (B)(2) of section 3319.31 of the Revised
Code or division (E) of section 3319.311 of the Revised Code.
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Rule 3301-73-22 | Suspension, revocation, permanent revocation and admonishment.
(A) The state board, in accordance with
Chapter 119. and section 3319.311 of the Revised Code, may suspend, revoke or
deny a license as specified in paragraph (A) of this rule. (1) Suspension of a
license will be for a specified period of time, or until the educator completes
any education requirements, criminal background check requirements, or other
conditions required in the state board's order or consent
agreement. (a) At the conclusion of the specified period, upon demonstration
of compliance with any educational requirements, criminal background check
requirements, and other conditions in the state board's order or consent
agreement, the license will be reactivated. (b) A suspended license is subject to expiration. (c) A suspension can be stayed in whole or part. (d) A stayed suspension will be considered a suspension for all
licensure reporting requirements. (e) When an educator's license is suspended, the state
board may issue an order stating that the educator is not eligible to apply or
reapply for any license with the department during the time period of the
license suspension. (2) After revoking a
license, the state board shall impose one of the conditions described in
paragraphs (A)(2)(a) and (A)(2)(b) of this rule. A revoked license will not be
reinstated. (a) The state board may establish a minimum period of time before
an applicant can apply for a new license. At the conclusion of the specified
period, and upon demonstration of compliance with any educational requirements,
criminal background check requirements, the terms of the state board's
order, and the criteria set forth in rule 3301-73-24 of the Administrative
Code, the state board may issue a new license to the applicant. (b) The state board may order that the respondent whose license
has been revoked will be permanently ineligible to apply for any license issued
by the state board and that the respondent will no longer be permitted to hold
any position in any school district in the state that requires a license issued
by the state board. (3) After denying an
application, the state board shall impose one of the conditions described in
paragraphs (A)(3)(a) and (A)(3)(b) of this rule. A license shall not be issued
from an application that is denied. (a) The state board may establish a minimum period of time before
an applicant can apply for a license. At the conclusion of the specified
period, and upon demonstration of compliance with any educational requirements,
criminal background check requirements, the state board's order, and the
criteria set forth in rule 3301-73-24 of the Administrative Code, the state
board may issue a license to the applicant. (b) The state board may order that the respondent whose license
has been denied will be permanently ineligible to apply for any license issued
by the state board and that the respondent will not be permitted to hold any
position in any school district in the state that requires a license issued by
the state board. (B) The state board may accept the
permanent voluntary surrender or the permanent voluntary denial of a license
under division (F) of section 3319.311 of the Revised Code. A respondent who
permanently voluntarily surrenders a license or agrees to the permanent
voluntary denial of a license under division (F) of section 3319.311 of the
Revised Code shall agree, in writing, and his/her signature shall be
acknowledged by two witnesses and/or notarized by a notary public. A permanent
voluntary surrender or permanent voluntary denial must be submitted to the
state board on the official form of the department. The document must include
the following information: (1) That the respondent
waives all rights under Chapter 119. of the Revised Code including, but not
limited to, the right of being formally notified of the state board's
intent to take action, the right to a hearing, the right to counsel, the right
to present evidence and witnesses, the right to cross examine witnesses and the
right to appeal an order of the state board; (2) That the respondent
voluntarily, knowingly and intelligently surrenders all rights to hold a
license and to hold a position which requires a license issued by the state
board; (3) That the respondent
will no longer be permitted to hold any position that requires a license issued
by the state board in any school district in the state; (4) That the respondent
will be ineligible for and shall not apply for any license issued by the state
board; (5) A basis for the
permanent voluntary surrender or denial of the license; and (6) That the respondent
authorizes the state board to adopt a resolution permanently revoking a license
or permanently denying an application. (C) If a respondent has completed due
process under Chapter 119. of the Revised Code, the state board may issue a
letter of admonishment to a respondent without his/her agreement. Otherwise,
upon agreement of a respondent, the superintendent, on behalf of the state
board, may issue a letter of admonishment to persons who have engaged in a
violation of section 3319.31 of the Revised Code. A respondent who agrees to
accept the letter of admonishment shall do so in writing with
respondent's signature. A copy of the letter of admonishment will be
placed in the department's file. When issued by agreement, the letter of
admonishment must include the following information: (1) That the respondent
accepts the letter of admonishment being fully aware of his/her rights under
Chapter 119. of the Revised Code; (2) That the respondent
has been given the opportunity to review the letter of admonishment and has
done so with legal counsel, if applicable; (3) That the respondent
has had an opportunity to ask questions concerning the letter of admonishment,
and that all questions asked have been answered; (4) That the respondent
waives all rights under Chapter 119. of the Revised Code, including but not
limited to, the right of being formally notified of the state board's
intent to take action, the right to a hearing, the right to counsel, the right
to present evidence and witnesses, the right to cross-examine witnesses and the
right to appeal the issuance of the letter of admonishment; (5) That the respondent
agrees not to proceed with any action to recover attorney's fees from the
state board and the department; and (6) A basis for the
issuance of the letter of admonishment. (D) A disciplinary action is final and
will not be subject to further review and/or modification upon the completion
of one of the following: (1) Issuance of a written
order which automatically revokes or automatically denies a license,
certificate, or permit; (2) Execution of a
consent agreement; (3) Issuance and
acceptance of a letter of admonishment; or (4) Exhaustion of all
appeal rights pursuant to Chapter 119. of the Revised Code.
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Rule 3301-73-23 | Consent agreements.
(A) A respondent who enters into a
consent agreement under division (E) of section 3319.311 of the Revised Code
with the state board shall agree to and acknowledge the following twenty
stipulations: (1) That the respondent
voluntarily enters into the consent agreement being fully aware of his/her
rights under Chapter 119. of the Revised Code, including the right to
representation by counsel and the right to a formal adjudicative
hearing; (2) That the respondent
waives his/her rights under Chapter 119. of the Revised Code; (3) That the state board
is empowered to revoke, limit, suspend, or deny, as applicable, any licenses
held or applied for if, at any time, the holder is convicted of a crime in any
jurisdiction, granted treatment in lieu or pre-trial diversion in any
jurisdiction, or found to be immoral, incompetent, negligent or guilty of other
conduct unbecoming of his/her position; (4) That the consent
agreement does not in any way or manner limit or affect the authority of the
state board of education to initiate disciplinary proceedings against the
respondent based on any act, conduct, or admission of the respondent justifying
disciplinary action, which occurred before or after the date of the consent
agreement, and is not directly related to the specific facts as set forth in
the consent agreement; (5) That the disciplinary
action in the consent agreement covers all licenses held by him/her which may
not be specifically listed in the consent agreement as well as applications
currently under review; (6) That the respondent
agrees to report any license limitation or suspension to his /her employing
school district, or any other employing agency, which requires licensure
through the state board; (7) That the respondent
will not engage in any unbecoming conduct, as determined by the department,
subsequent to the signing of the consent agreement; (8) That failure to abide
by the terms and conditions of a consent agreement is a violation of the
consent agreement and constitutes unbecoming conduct under division (B)(1) of
section 3313.31 of the Revised Code and rule 3301-73-21 of the Administrative
Code; (9) That the state board
reserves the right to pursue formal action if it learns that the respondent has
violated any of the terms and conditions of the consent agreement, regardless
of the point in time such information becomes known; (10) That except for the enforcement of
the consent agreement, the respondent releases the state board and the
department, its members, employees, agents, officers, and representatives,
jointly and severally, from any liability arising from this
matter; (11) That the respondent will not proceed
with any action to recover attorney's fees from the state board and the
department, its members, employees, agents, officers, and representatives
jointly and severally; (12) That the consent agreement contains
the entire agreement and understanding between the state board and him/her and
supersedes and replaces all prior negotiations, proposed agreements, and
agreements written or oral; (13) That the consent agreement is binding
upon, inure to the benefit of, and is enforceable by and against the personal
representatives, heirs, successors, assignees, and transferees of the
parties; (14) That the respondent has had an
opportunity to ask questions concerning the terms of the consent agreement and
that all questions asked have been answered; (15) That the respondent will inform the
department, in writing, within thirty days of any change in address or
telephone number for the duration of the terms of the consent
agreement; (16) That if the respondent is indicted,
convicted, or pleads guilty or no contest to any offense other than a minor
misdemeanor or a traffic offense, or is accepted into a diversion or treatment
in lieu of conviction program, he/she will notify the department within
fourteen days for the duration of the consent agreement; (17) That a copy of the consent agreement
will be sent to his/her current and/or former employing school district,
sponsoring district, or other educational entity and that it is his/her
responsibility to provide a copy of the consent agreement to any new, potential
educational employer before hire for the duration of the terms of the consent
agreement; (18) That the consent agreement is a
public record as defined in section 149.43 of the Revised Code and will be
redacted in accordance with paragraph (J) of rule 3301-73-04 of the
Administrative Code; (19) That the terms and conditions of the
consent agreement may be reported to appropriate organizations, data banks and
governmental agencies; and (20) That any violations
of a consent agreement that lead to additional disciplinary action will be
reported by the respondent to any potential employing school district,
educational entity, and any current employing school district or educational
entity. (B) The department may add, delete, or
modify the stipulations listed in this rule as agreed upon by the parties to
the consent agreement if the consent agreement results in the respondent being
permanently barred from reapplying for any license, certificate or permit
issued by the department. (C) The department may enter into an
addendum to the original consent agreement to add, delete, or modify terms as
agreed upon by the parties to the consent agreement, and as appropriate to
carry out the purpose of the consent agreement.
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Rule 3301-73-24 | Application after disciplinary action.
(A) If any prior disciplinary action by
the state board was taken against a respondent that did not address the
respondent's eligibility to apply or reapply for a future license and the
respondent subsequently requests to be licensed by the state board, the
respondent shall provide evidence that licensure by the state board is
appropriate based on factors listed in paragraph (F) of this rule, and show
that there has been a change in circumstances since the prior disciplinary
action. (B) To determine if licensure is
appropriate after a prior disciplinary action by the state board was taken
against a respondent that did not address the respondent's eligibility to
apply or reapply for a future license, the superintendent may conduct an
investigation and weigh the evidence submitted against the legitimate need of
the state board to protect the integrity of the profession, and to ensure the
safety and welfare of students, and the school community. (C) The superintendent will determine if
the results of an investigation warrant initiating an action to deny a
license. (D) If the results of an investigation
warrant initiating a denial of a license, the superintendent will give notice
of an opportunity for a hearing in accordance with sections 119.01 to 119.13 of
the Revised Code; however, nothing in this provision prohibits the
superintendent from amending the notice for the proposed action. (E) An administrative hearing is not a
forum to re-adjudicate the original order of the state board to limit, suspend,
revoke, or deny licensure. (F) The superintendent and the hearing officer will use the
following factors, as applicable, to determine whether licensure after a prior
disciplinary action by the state board was taken against a respondent that did
not address the respondent's eligibility to apply or reapply for a future
license is appropriate: (1) The nature and
seriousness of the crime or misconduct that was the basis for the state
board's prior disciplinary action; (2) The extent of the
respondent's past criminal activity or misconduct; (3) The age of the
respondent when the crime or misconduct was committed that was the basis for
the state board's prior disciplinary action; (4) The amount of time
that has elapsed since the respondent's last criminal activity or
misconduct; (5) The conduct and work
activity of the respondent before and after the criminal activity or misconduct
that was the basis for the state board's disciplinary action; (6) Whether the
respondent has completed the terms of his/her probation or deferred
adjudication; (7) Evidence of
rehabilitation; (8) Whether the respondent fully
disclosed the crime or misconduct to the state board, the department or the
employing school district; (9) Whether licensure will negatively
impact the health, safety, and welfare of the school community and/or statewide
education community; and/or (10) Any other relevant
factor.
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Rule 3301-73-25 | Automatic revocation or denial.
(A) The superintendent will revoke a
license or deny issuance or renewal of a license upon learning of a plea of
guilty to, a finding of guilt by a jury or court of, or a conviction of any of
the offenses listed in division (C) or (F) of section 3319.31 of the Revised
Code. (B) The superintendent will obtain
certified court records to verify a plea of guilty to, a finding of guilt by a
jury or court of, or a conviction of any of the offenses listed in division (C)
or (F) of section 3319.31 of the Revised Code. In the case of a sealed or
expunged conviction, the superintendent will obtain any and all records,
including official results of a criminal background check, to verify a plea of
guilty to, a finding of guilt by a jury or court of, or a conviction of any of
the offenses listed in division (C) or (F) of section 3319.31 of the Revised
Code. (C) If the superintendent issues a
written order to revoke a license or deny issuance or renewal of a license
pursuant to division (C) or (F) of section 3319.31 of the Revised Code, the
written order shall contain the following information: (1) That the revocation or denial of the
license is effective immediately upon the date of the written
order; (2) Notification to the respondent of the
plea of guilty to, finding of guilt by a jury or court of, or conviction that
is the basis for the written order; (3) That the respondent has no right to
appeal the superintendent's written order under Chapter 119. of the
Revised Code pursuant to division (C) of section 3319.31 of the Revised
Code; (4) That the respondent is no longer be
permitted to hold any position that requires a license issued by the state
board in any school district in the state; (5) That the respondent is ineligible for
and shall not apply for any license issued by the state board; and (6) That the revocation or denial of the
license will remain in effect during the pendency of an appeal by the
respondent of the plea of guilty, finding of guilt, or conviction that is the
basis for the written order. (D) The written order will be sent by registered mail to the
respondent and his / her duly authorized representative on file. (1) If the written order is returned
because the respondent failed to claim the written order, the superintendent
will mail the written order by ordinary mail to the respondent at the
respondent's last known address, and will obtain a certificate of mailing.
Service by ordinary mail is complete when the certificate of mailing is
obtained, unless the notice is returned showing failure of
delivery. (2) If the written order sent by ordinary
or registered mail is returned for failure of delivery, the superintendent may
make personal delivery of the notice by an employee, agent of the agency, or
agent hired by the agency, or cause a summary of the substantive provisions of
the written order to be published in the educator conduct database and the
educator's electronic credential history, which can be accessed through
the department's website (education.ohio.gov). (E) The written order will be sent by ordinary or registered mail
to the respondent's attorney. (F) The written order may be sent by mail or electronic
mail to any known, former, current, or reporting school district.
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Rule 3301-73-26 | Action after appeal of conviction.
(A) The superintendent is required to
take action pursuant to division (E) of section 3319.31 of the Revised Code
only after receiving notice from the clerk of court or a properly filed
petition for reconsideration verifying that the plea, finding, or conviction
that was the basis of an action taken under division (B)(2) of section 3319.31
of the Revised Code, division (C) of section 3319.31 of the Revised Code or
division (F) of section 3319.31 was overturned. A petition for reconsideration is "properly
filed" when it is made in writing, and includes a certified copy of the
court records demonstrating that the plea, finding, or conviction has been
overturned. (B) If the superintendent determines,
pursuant to division (E) of section 3319.31 of the Revised Code, that the
respondent's license should be reinstated or granted without limitations
after receiving a notice from the clerk of courts or properly filed petition
for reconsideration, the superintendent will notify the respondent and any
former, current, or reporting school district through a written order. The
reinstatement or granting of the license will be effective immediately upon the
date of the written order, but is not necessarily an adjudication on the merits
of the case. (C) The written order issued pursuant to
paragraph (B) of this rule shall be sent by registered mail to the
respondent. (1) If the written order
is returned because the respondent failed to claim or refused delivery of the
written order, the superintendent shall send the written order by first class
mail to the respondent at the respondent's last known address, and obtain
a certificate of mailing. Service by first class mail is complete when the
certificate of mailing is obtained, unless the notice is returned showing
failure of delivery. (2) If the written order
sent by registered or first class mail is returned for failure of delivery, the
superintendent shall make personal delivery of the notice by an employee, agent
of the agency, or agent hired by the agency, or cause a summary of the
substantive provisions of the written order to be published in the educator
conduct database and the educator's electronic credential history, which
can be accessed through the department's website (education.ohio.gov) for
a period of thirty days. After the thirty calendar days have expired, the
superintendent shall remove the initial written order revoking or denying the
respondent's license and the subsequent written order granting or
reinstating the respondent's license from the educator database. The
written orders shall be maintained with the department's official
records. (D) If after thirty days, the
superintendent cannot make a determination as to whether the respondent
committed the act in question in the prior criminal action against the
respondent, the superintendent will reinstate or grant the respondent's
license, and reserves the right to continue the investigation and initiate
disciplinary proceedings as warranted. The reinstatement or granting of the
respondent's license is not an adjudication on the merits of the case;
however, if the superintendent determines the results of the investigation
warrant the initiation of an action to limit, suspend, revoke or deny a
license, the superintendent will give notice of an opportunity for a hearing in
accordance with sections 119.01 to 119.13 of the Revised Code, and comply with
the provisions governing notices for opportunity for hearing as listed in rule
3301-73-05 of the Administrative Code.
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Rule 3301-73-27 | Extension and computation of time.
(A) The state board or its hearing
officer may extend the time for filing or responding to motions and
briefs. Requests for extension of time shall be made in
writing and filed as provided in rule 3301-73-06 of the Administrative Code
prior to the expiration of any applicable time limit. (B) In the computation of any time limit
under Chapter 3301-73 of the Administrative Code, the date of occurrence of the
event causing time to run is not counted. The last day of the period is
included in the computation of the time limit. If the last day of a period is
not a regular business day, the time period ends at midnight of the next
regularly scheduled business day.
Last updated April 15, 2024 at 12:00 PM
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