Ohio Administrative Code|Rule 4501:1-1-24 | Disqualification of commercial driver for certain convictions.

                                                
(A) Whenever the registrar of motor
		  vehicles receives information that a driver has received a conviction of an
		  offense described in section 4506.15 of the Revised Code or division (B)(4),
		  (B)(5), or (B)(6) of section 4506.16 of the Revised Code or receives a sworn
		  report as described in section 4506.17 of the Revised Code and the driver is
		  thereby subject to disqualification, the registrar shall notify the driver, by
		  regular mail to the driver's last known mailing address of the offense or
		  offenses involved, of the length of time for which disqualification is to be
		  imposed, and that the driver may request a hearing within thirty days of the
		  mailing of the notice to show cause why he or she should not be disqualified
		  from operating a commercial motor vehicle.
(B) The notice shall also inform the
		  driver that at the hearing he or she may appear in person or by his or her
		  attorney or may present his or her position, argument, or contentions in
		  writing and that at the hearing he or she may present evidence and examine
		  witnesses appearing for and against him.
For the purposes of this rule, conviction of a
		  violation for which disqualification is required may be evidenced by any of the
		  following:
(1) A judgment entry of a
			 court of competent jurisdiction;
(2) An administrative
			 order of a state agency having statutory jurisdiction over commercial drivers,
			 including a notice of disqualification as described in division (F) of section
			 4506.16 or in division (E) of section 4506.17 of the Revised Code;
(3) A computer record
			 obtained from or through the commercial driver's license information
			 system;
(4) A computer record
			 obtained from or through a state agency having statutory jurisdiction over
			 drivers or the records of commercial drivers.
(C) If a request for such a hearing is
		  not received by the bureau of motor vehicles within thirty days of the mailing
		  of the notice, the order of disqualification is final without further notice to
		  the driver.
(D) If a request for such a hearing is
		  received by the registrar within thirty days of the mailing of the notice, the
		  registrar shall stay the imposition of the disqualification order and shall
		  schedule the matter for hearing. To the extent it is practical to do so, the
		  registrar shall schedule the hearing no sooner that twenty-eight days and no
		  later than sixty-three days after the receipt of the request for hearing. The
		  failure of the registrar to schedule the hearing within such times shall not
		  affect the validity of any order issued as the result of the hearing whenever
		  it is scheduled. No later than fourteen days prior to the hearing, the
		  registrar shall notify the driver of the date, time, and place of the hearing
		  by regular mail sent to the driver's last known address. The notice shall
		  also inform the driver that at the hearing he or she may appear in person or by
		  his or her attorney, or may present his or her position, arguments, and
		  contentions in writing and that at the hearing he or she may present evidence
		  and examine witnesses appearing for and against him. A copy of the notice shall
		  be mailed to the driver's attorney of record if an attorney has entered an
		  appearance in the matter.
(E) The hearing shall be held in Franklin
		  county, Ohio, unless the registrar designates another location within the
		  state, which in no instance shall be farther from the driver's residence
		  than Franklin county.
(F) No continuance of any hearing shall
		  be granted unless there is a showing of good cause. The order granting any
		  continuance shall set a date certain for the hearing no later than seventy days
		  after the original hearing was scheduled. In issuing any order granting a
		  continuance, the registrar may, upon his or her own determination or upon
		  recommendation of the hearing examiner, terminate the stay of the
		  disqualification and impose the disqualification pending final
		  disposition.
(G) In any disqualification hearing, the
		  registrar may appoint a hearing examiner to conduct said hearing. The hearing
		  examiner shall have the same powers and authority in conducting said hearing as
		  granted to the agency. Such hearing examiner shall have been admitted to the
		  practice of law in this state and be possessed of such additional
		  qualifications as the registrar requires. The hearing examiner shall submit to
		  the agency a written report setting forth his or her findings of fact and
		  conclusions of law and a recommendation of the action to be taken by the
		  agency. A copy of such written report and recommendation of the examiner shall
		  be served upon the party or his or her attorney of record, by regular mail. The
		  party may, within fourteen days of mailing of such copy of such written report
		  and recommendation, file with the agency written objections to the report and
		  recommendation, which objections shall be considered by the agency before
		  approving, modifying, or disapproving the recommendation. The agency may grant
		  extensions of time to the party within which to file such objections. No
		  recommendation of the referee or examiner shall be approved, modified, or
		  disapproved by the agency until after fourteen days after mailing of such
		  report and recommendation as provided in this rule. The agency may order
		  additional testimony to be taken or permit the introduction of further
		  documentary evidence. The recommendation of the referee or examiner may be
		  approved, modified, or disapproved by the agency, and the order of the agency
		  based on such report, recommendation, transcript of testimony and evidence, or
		  objections of the parties, and additional testimony and evidence shall have the
		  same effect as if such hearing has been conducted by the agency. No such
		  recommendation shall be final until confirmed and approved by the agency as
		  indicated by the order entered on its record of proceedings, and if the agency
		  modifies or disapproves the recommendation of the hearing examiner it shall
		  include in the record of its proceedings the reasons for such modification or
		  disapproval. After such order is entered, the agency shall serve by regular
		  mail upon the party affected thereby, a copy of the order and a statement of
		  the time and method by which an appeal may be perfected. An appeal of the order
		  shall not stay the imposition of any disqualification unless a stay order is
		  issued by the court to which the appeal is made. A copy of such order shall be
		  mailed to the attorney of record representing the party.
(H) For the purpose of conducting the
		  hearing the agency shall have the subpoena powers as set forth in section
		  119.09 of the Revised Code. The agency may require the attendance of such
		  witnesses and the production of such books, records, and papers as it desires,
		  and it may take the depositions of witnesses residing within or without the
		  state in the same manner as prescribed by law for taking of depositions in
		  civil actions in the court of common pleas, and for the purpose the agency may,
		  and upon the request of any party receiving notice of said hearing shall, issue
		  a subpoena for any witness or a subpoena duces tecum to compel the production
		  of any books, records, or papers, directed to the sheriff of the county where
		  such witness resides or is found, which shall be served and returned in the
		  same manner as a subpoena in a criminal case. The fees and mileage of the
		  sheriff and witnesses shall be the same as that allowed in the court of common
		  pleas in criminal cases. Fees and mileage shall be paid from the fund in the
		  state treasury for the use of the agency in the same manner as other expenses
		  of the agency. In any case of disobedience or neglect of any subpoena served on
		  any person or the refusal of any witness to testify to any matter regarding
		  which he or she may lawfully be interrogated, the court of common pleas of any
		  county where such disobedience, neglect, or refusal occurs or any judge
		  thereof, on application by the agency shall compel obedience by attachment
		  proceedings for contempt, as in the case of disobedience of the requirements of
		  a subpoena issued from such court, or a refusal to testify therein. At any
		  hearing, the record of which may be the basis of an appeal to court, a
		  stenographic record of the testimony and other evidence submitted shall be
		  taken at the expense of the agency. Such record shall include all of the
		  testimony and other evidence, and rulings on the admissibility thereof
		  presented at the hearing. The stenographic record need not be transcribed
		  unless it is required for an appeal to court.
(I) The agency shall pass upon the
		  admissibility of evidence, but a party may at the time make objection to the
		  rulings of the agency thereon, and if the agency refuses to admit evidence, the
		  party offering the same shall make a proffer thereof, and such proffer shall be
		  made a part of the record of such hearing.