(a) The following procedures shall apply to hearings conducted by the Board for appeals of penalties, and denials, suspensions or revocations of licenses under this Chapter.
(1) The District shall have the burden of going forward with the presentation of evidence. Parties appealing a decision of the District have the right to appear and be heard in person, with or without legal counsel, to present their case. All parties to the appeal shall have the right to:
A. Offer and examine witnesses and present evidence in support of their case; and
B. Cross examine adverse witnesses; and
C. Proffer evidence into the record if its admission has been denied.
(2) Testimony shall be given under oath, or upon written or oral stipulation as agreed to by the Board and the party appealing a decision of the District, or his/her legal counsel. The following oath shall be given by the Board to all persons who give testimony or evidence before it including staff, witnesses, and parties appealing a decision of the District: "Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?"
(3) The Board shall rule on all matters of evidence. In so doing, the Board is not strictly bound by the Ohio Rules of Evidence. The Board may ask questions of any witness at any point in the proceedings. The Board may set time and limitations for each side in the presentation of evidence. A record of proceedings in the form of an audio recording shall be kept for not less than thirty (30) days from the date of the final decision by the Board. Parties seeking a stenographic record shall acquire such stenographic record at their own expense.
(4) A hearing may be continued by the Board either on its own motion or at the request of either side.
(5) The standard of proof for appeals of penalties assessed by the District, and for the denials, suspensions or revocations of licenses, shall be proof by the preponderance of the evidence.
(6) At the conclusion of the presentation of evidence by both sides, the Board may take the matter under consideration and issue a decision in writing within ten (10) days or issue an immediate decision.
(7) The decision of the Board is effective upon service to the affected parties, unless otherwise stated in the Board decision.
(b) The following procedures shall apply to hearings conducted by a referee or examiner appointed by the Board pursuant to Section 1721.07(c) of this Chapter.
(1) The District shall have the burden of going forward with the presentation of evidence. Parties appealing a decision of the District have the right to appear and be heard in person, with or without legal counsel, to present their case. All parties to the appeal shall have the right to:
A. Offer and examine witnesses and present evidence in support of their case; and
B. Cross examine adverse witnesses; and
C. Proffer evidence into the record if its admission has been denied.
(2) Testimony shall be given under oath, or upon written or oral stipulation as agreed to by the Board and the party appealing a decision of the District, or his/her legal counsel. The following oath shall be given by the referee or examiner to all persons who give testimony or evidence before it including staff, witnesses, and parties appealing a decision of the District: "Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?"
(3) The referee or examiner shall rule on all matters of evidence. In so doing, the referee or examiner is not strictly bound by the Ohio Rules of Evidence. The referee or examiner may ask questions of any witness at any point in the proceedings. The referee or examiner may set time and limitations for each side in the presentation of evidence. A record of proceedings in the form of an audio recording shall be kept for not less than thirty (30) days from the date of the final decision by the referee or examiner. Parties seeking a stenographic record shall acquire such stenographic record at their own expense.
(4) A hearing may be continued by the referee or examiner on his/her own motion or at the request of either side.
(5) The standard of proof for appeals heard by a referee or examiner of penalties assessed by the District, and for the denials, suspensions or revocations of licenses, shall be proof by the preponderance of the
(6) At the conclusion of the presentation of evidence by both sides, the referee or examiner shall submit to the Board a written report setting forth his/her 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 (5) days of the date of submission to the Board thereof, be served upon the party or his or her attorney or other representative of record by certified mail. The party may, within ten (10) 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.
(7) The Board, by majority vote, may approve, modify or disapprove the recommendation of the referee or examiner by written decision which shall become effective upon service to the affected parties, unless otherwise stated in the Board decision.
(8) No recommendation of the referee or examiner shall be approved, modified, or disapproved by the Board until ten (10) days after the service of the report and recommendation as provided in this Section.
(9) The Board may order additional testimony to be taken or permit the introduction of further documentary evidence prior to the vote to approve, modify, or disapprove the recommendation of the referee or examiner.
(10) No recommendation shall be final until approved by a quorum of the entire Board as indicated by an order on its record of proceedings.