Ohio Administrative Code|Rule 4731-13-01 | Representatives; appearances.

                                                

(A) As used in this chapter of the
Administrative Code:

(1) "Respondent" means a person who is requesting or
has requested a hearing as provided in Chapter 119. of the Revised
Code.

(2) "Representative
of record" means one person designated by each party to be the
party's agent for purposes of receipt of service pursuant to this chapter
of the Administrative Code.

(3) "Hearing"
means the adjudication hearing held pursuant to Chapter 119. of the Revised
Code when a hearing is requested by an applicant or licensee for whom the Board
has proposed formal action under section 4730.25, 4731.22, 4759.07, 4760.13,
4761.09, 4762.13, 4774.13, or 4778.14 of the Revised Code.

(4) "Summary
Suspension" means the pre-hearing suspension of the license under division
(G) of section 4730.25, 4731.22, 4759.07, 4760.13, 4761.09, 4762.13, 4774.13,
or 4778.14 of the Revised Code.

(B) The respondent may represent himself
or herself or may be represented by an attorney or attorneys who shall be
admitted to the practice of law in Ohio. Each attorney representing the
respondent shall enter his or her appearance in writing. The respondent may
authorize his or her attorney or attorneys to represent the respondent in all
facets of a hearing before the board.

(C) If the respondent is self
represented, he or she shall be deemed the representative of record for
purposes of service pursuant to this chapter of the Administrative Code. If the
respondent is represented by one attorney, that attorney shall be deemed the
representative of record for purposes of service pursuant to this chapter of
the Administrative Code. If the respondent is represented by more than one
attorney, the respondent shall designate one of those attorneys as the
representative of record for purposes of service pursuant to this chapter of
the Administrative Code.

(D) Each representative from the office
of the attorney general shall enter his or her appearance in writing. The
office of the attorney general shall identify one attorney from that office as
the representative of record for purposes of service pursuant to this chapter
of the Administrative Code.

(E) The respondent shall not be required to appear personally at
any hearing provided he or she has not been subpoenaed. If a respondent has not
been subpoenaed to appear at hearing, a respondent may present his or her
position, arguments or contentions in writing.

(F) An attorney who has filed notice of
appearance with the board shall withdraw his or her representation of a
respondent by filing a written notice of withdrawal with the board. A written
notice of withdrawal should include (1) current address and telephone number of
respondent, and (2) an attestation from the attorney that the respondent has
been provided copies of all filings and has been specifically notified of all
dates and deadlines.

(G) An attorney who has been designated
as a respondent's representative of record for purposes of service
pursuant to this chapter of the Administrative Code shall remain the
representative of record for that party until a representative of that party
files a written notice designating another attorney or the respondent as the
representative of record.

(H) Except as otherwise provided under
Chapter 119. of the Revised Code, communications from the board or its hearing
examiner shall be sent to the representative of record for each
party.



Last updated August 2, 2021 at 9:26 AM


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