Ohio Admin. Code 3746-9-01 - Requisites of appeals from adjudication hearings
(A) If an adjudication hearing was conducted
by the director or other statutory agency, in accordance with sections
119.09 and
119.10 of the Revised Code, the
commission is confined to the record as certified to it pursuant to rule
3746-5-12
of the Administrative Code, except as provided in rule
3746-9-02
of the Administrative Code.
(B)
When the appeal is from an adjudication hearing the commission shall hold a
hearing as required by sections
3745.04 and
3745.05 of the Revised Code.
(C) The hearing shall be held by
the commission in the form of oral arguments upon the issues raised in the
notice of appeal, and any cross-appeal.
(D) In issuing the order granting a hearing
on an appeal from an adjudication hearing, the commission shall state the date,
time, and place of the hearing. The commission
may also allocate the amount of time allowed to each party for argument. A
record of the hearing shall be taken.
(E) Upon agreement of the parties, a hearing
may be waived and the matter submitted to the commission for decision based on
briefs, stipulations, affidavits, or such other evidence as the parties may
jointly submit or the commission may order.
Notes
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.03, 3745.04, 3745.05, 3745.06
Prior Effective Dates: 10/23/1973, 05/24/2001, 08/17/2006, 08/15/2011
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.03, 3745.04, 3745.05, 3745.06
Prior Effective Dates: 10/23/73, 5/24/01, 8/17/06, 8/15/2011
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