Ohio Administrative Code|Rule 5101:6-50-03 | Chapter 119. hearings: notice and requesting a hearing.

                                                
(A) Written notice of intended
		  action
(1) Whenever ODJFS
			 proposes to take an action that the Ohio general assembly has expressly made
			 subject to the administrative adjudication procedure outlined in Chapter 119.
			 of the Revised Code, ODJFS shall give notice of the intended action to the
			 affected party informing the affected party of the affected partys right
			 to a hearing. Notice shall be given by registered mail, return receipt
			 requested, and shall, at a minimum, include all of the following:
(a) The specific action or actions ODJFS intends to
				take;
(b) The charges or other reasons for the proposed action or
				actions;
(c) The statute or rule directly involved;
(d) A statement informing the affected party that the affected
				party is entitled to a hearing if the affected party requests it within thirty
				days of the time of mailing the notice;
(e) A statement informing the affected party that at the hearing
				the affected party may appear in person or through an attorney;
(f) A statement informing the affected party that the affected
				party or the affected party's attorney may present the affected
				party's position, arguments or contentions entirely in writing, and that
				at the hearing the affected party or the affected party's attorney may
				present evidence and examine witnesses appearing for and against the affected
				party; and
(g) A statement informing the affected party that rules governing
				hearings in accordance with Chapter 119. of the Revised Code are found in
				Chapter 5101:6-50 of the Administrative Code.
(2) ODJFS shall also mail
			 a copy of the notice to the affected party's attorney or other
			 representative of record. To qualify as an attorney or representative of
			 record, the affected party or the attorney or representative shall notify
			 ODJFS, in writing, that the attorney or representative is to be designated the
			 attorney or representative of record. The notification shall include the
			 address where ODJFS should mail the notice to the attorney or representative of
			 record. The mailing of notice to the affected party's attorney or
			 representative is not deemed to perfect service of the notice. Failure to mail
			 a copy of the notice to the attorney or representative of record will not
			 result in failure of otherwise perfected service upon the affected party. In
			 those instances where an affected party is a corporation doing business in Ohio
			 or is incorporated in Ohio, the mailing of notice to the corporation's
			 statutory agent pursuant to sections 1701.07 and 1703.19 of the Revised Code
			 will perfect service provided that all the requirements of paragraph (A) of
			 this rule have been complied with.
(3) When any notice sent
			 by registered mail pursuant to this rule is returned because the affected party
			 fails to claim the notice, ODJFS shall send the notice by ordinary mail to the
			 affected party at the affected party's last known address and shall obtain
			 a certificate of mailing. Service by ordinary mail is complete when the
			 certificate of mailing is obtained unless the notice is returned showing
			 failure of delivery.
(4) If any notice sent by
			 registered or ordinary mail is returned for failure of delivery, ODJFS either
			 shall make personal delivery of the notice by an employee or agent of ODJFS or
			 shall cause a summary of the substantive provisions of the notice to be
			 published once a week for three consecutive weeks in a newspaper of general
			 circulation in the county where the last known address of the affected party is
			 located. When notice is given by publication, a proof of publication affidavit,
			 with the first publication of the notice set forth in the affidavit, shall be
			 mailed by ordinary mail to the affected party at the affected party's last
			 known address and the notice shall be deemed received as of the date of the
			 last publication. An employee or agent of ODJFS may make personal delivery of
			 the notice upon a party at any time.
(5) Refusal of delivery
			 by personal service or by mail is not failure of delivery and service is deemed
			 to be complete at the time of personal refusal or at the time of receipt by
			 ODJFS of the refused mail as demonstrated by the ODJFS time and date stamp.
			 Failure of delivery occurs only when a mailed notice is returned by the postal
			 authorities marked undeliverable, address or addressee unknown, or forwarding
			 address unknown or expired.
(B) Request for a hearing
(1) Any request for a
			 hearing made as the result of notice issued pursuant to paragraph (A) of this
			 rule shall be made in writing and mailed or delivered to the proper depository
			 agent within thirty calendar days of the following, as applicable:
(a) The time of mailing the notice if notice is given pursuant to
				paragraph (A)(1) of this rule;
(b) The date that service is complete if notice is given pursuant
				to paragraph (A)(3) or (A)(5) of this rule;
(c) The date of the last publication if notice is given by
				publication pursuant to paragraph (A)(4) of this rule; or
(d) The date of personal service.
(2) If a request for a
			 hearing is mailed to the proper depository agent, the request is deemed to have
			 been made as follows:
(a) If the request is mailed by certified mail, as of the date
				stamped by the U.S. postal service on its receipt form.
(b) If the request is mailed by regular U.S. mail, as of the date
				of the postmark appearing upon the envelope containing the
				request.
(c) If the request is mailed by regular U.S. mail and the
				postmark is illegible or fails to appear on the envelope, as of the date of its
				receipt by the depository agent as evidenced by the agent's time
				stamp.
(3) If a request for a
			 hearing is made by facsimile transmission or by electronic mail to the proper
			 depository agent, the request is deemed to have been made as of the date of its
			 receipt as evidenced by the receipt date generated by the facsimile
			 transmission or the date of receipt shown in the source code of the electronic
			 mail received by the proper depository agent.
(4) If a request for a
			 hearing is mailed, personally delivered, made by facsimile transmission, or
			 made by electronic mail to a party or address other than the proper depository
			 agent, the request is deemed to have been made as of the date of its receipt by
			 the depository agent as evidenced by the agent's time stamp.
(5) If a request for a
			 hearing is personally delivered to the proper depository agent, the request is
			 deemed to have been made as of the date of its receipt as evidenced by the
			 depository agent's time stamp.
(6) All requests for
			 hearings must clearly identify both the affected individual involved and the
			 proposed action that is being contested.
(C) Computation of time
		  deadlines
Section 1.14 of the Revised Code controls the
		  computing of time deadlines imposed by Chapter 119. of the Revised Code and
		  Chapter 5101:6-50 of the Administrative Code. The time within which an act is
		  required by law to be completed is computed by excluding the first day and
		  including the last day. When the last day falls on a Saturday, Sunday, or legal
		  holiday, the act may be completed on the next succeeding day that is not a
		  Saturday, Sunday, or legal holiday. When the last day to perform an act that is
		  required by law is to be performed in a public office and that public office is
		  closed to the public for the entire day, the act may be performed on the next
		  succeeding day that is not a Saturday, Sunday, or legal holiday.
(D) Failure to request a
		  hearing
When an affected party fails to request a hearing
		  or the request is not submitted timely, ODJFS will issue a final and binding
		  order of adjudication adopting and ratifying any or all of the allegations
		  contained in the original notice that shall implement the proposed
		  action.