(a) Complaints may be presented to the Board by any person having knowledge of actions by a person which may be violations of Ohio statutes, the Ohio Administrative Code, Bexley Codified Ordinances, and Board regulations and orders. Complaints may also be made by the Health Commissioner.
(b) The Health Commissioner or his representative shall investigate such complaints and present them to the Board. If the Board finds that there are reasonable grounds to believe that a violation has occurred, a written notice of the nature of the violation and the time and date of a hearing on the allegation(s) shall be delivered, either personally or by certified mail to the accused or to his legal counsel.
(c) A public hearing shall be held, and all relevant evidence presented.
(d) The Health Commissioner or his representative shall have the burden of going forward with the presentation of evidence. All parties shall have the right to appear and be heard in person, or by legal counsel, to present their case. All parties shall have the right to:
(1) Offer and examine witnesses and present evidence in support of their case; and
(2) Cross examine adverse witnesses; and
(3) Proffer evidence into the record if its admission has been denied.
(e) Testimony shall be given under oath, by deposition, written interrogations and/or upon written or oral stipulation. The following oath shall be given by the Board President Pro Tempore to all persons who give evidence in the case before the Board, including staff and persons appearing as alleged violators:
"Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?"
(f) The Board shall rule on all matters of evidence. In so doing, the Board is not strictly bound by the rules of evidence. The Board may set time limitations for each witness at any point in the proceedings. The Board may set time limitations for each side in the presentation of evidence. A record of proceedings in the form of a transcript shall be kept for not less than thirty days from the date of its final decision. Parties seeking a stenographic record shall acquire such stenographic record at their own expense.
(g) Any hearing may be continued by the Board, either on their own motion or at the request of either party.
(h) The standard of proof for a finding that a violation has occurred shall be the preponderance of the evidence.
(i) At the conclusion of the presentation of the case the President Pro Tempore may either take the matter under consideration by the Board, or may move for an immediate decision.
(j) The decision of the Board shall be in writing and shall become effective three days after receipt of certified mail by the accused or his legal counsel, unless otherwise stated in the Board decision.
(k) In any hearing conducted by the Board, the Board may appoint a referee or examiner to conduct the hearing. In a hearing conducted by the Board at least one member of the Board shall be present.
The referee or examiner appointed to conduct the hearing shall have the same powers and authority in conducting the hearing as is granted to the Board. The referee or examiner shall have been admitted to the practice of law in the State and be possessed of such additional qualifications as the Board may require. The referee or examiner shall submit to the Board a written report setting forth his findings of fact and conclusions of law and a recommendation of the action to be taken by the Board. A copy of such written report and recommendation of the referee or examiner shall, within five days of the date of filing thereof, be served upon the party or his attorney or other representative of record, by certified mail. The party may, within ten days of receipt of the copy of the written report or recommendation, file with the Board written objections to the report and recommendation, which objections shall be considered by the Board before approving, modifying, or disapproving the recommendation. The Board may grant extensions of time to the party within which to file such objections .
No recommendations of the referee or examiner shall be approved, modified or disapproved by the Board until ten days after the service of the report and recommendation as provided in this section. The Board may order additional testimony to be taken or permit the introduction of further documentary evidence. No recommendation shall be final until approved by a quorum of the entire Board as indicated by an order on its record of proceedings.