Hearing Rules

Comments due September 18, 2020

At this time, public comment is being sought on the proposed language for the following rules.  The rule number is a link to the rule and a memo explaining the proposed action.

 

The State Medical Board of Ohio seeks public input on proposed rules several times during the rule-making process. Public input is sought after the Medical Board has conducted its initial review of rules, after rules are filed with the Common Sense Initiative Office, and at the public hearing that occurs after the rules are formally filed with the Joint Committee on Agency Rule Review.

 

The Medical Board’s initial review of rules may result in a proposal to amend current rules, rescind current rules, make no changes to current rules, and/or adopt new rules. Comments received will be reviewed and possibly result in changes to the initially proposed language before the rules are then filed with the Common Sense Initiative Office.

 

The rules in 4731 Chapter 13 related to Hearings are being circulated for comments from interested parties. The proposed changes are highlighted below:

 

4731-13-01 Representatives; appearances - changes to add chapters 4759 and 4761 to rule and to clarify what is needed for an attorney withdrawal notice.

4731-13-02 Filing request for hearing – no changes

4731-13-03 Authority and duties of hearing examiners – no changes

4731-13-04 Consolidation – no changes

4731-13-05 Intervention – no changes

4731-13-06 Continuance of hearing – amend to correct minor error

4731-13-07 Motions – amend to add “pdf” to attachment for clarification

4731-13-07.1 Form and page limitations for briefs and memoranda – amend to correct minor error and to clarify that memoranda filed in contravention of the rule will be permitted but pages beyond fifteen will not be considered

4731-13-08 Filing – amend to add a filing option through an electronic filing system implemented by the board

4731-13-09 Service – amend to add a service alternative through any electronic filing system utilized by the board

4731-13-10 Computation and extension of time – no changes

4731-13-11 Notice of hearings – no changes

4731-13-12 Transcripts – no changes

4731-13-13 Subpoenas for purposes of hearings – amend to revise the compliance date deadline to put in accordance with the document exchange schedule set by the hearing examiner

4731-13-14 Mileage reimbursement and witness fees – no changes

4731-13-15 Reports and recommendations – no changes

4731-13-16 Reinstatement or restoration of certificate – amend to correct minor error

4731-13-17 Settlements, dismissals, and voluntary surrenders – amend to accurately reflect the timing of the signature by the enforcement attorney or assigned assistant attorney general

4731-13-18 Exchange of documents and witness lists – no changes

4731-13-20 Depositions in lieu of live testimony – no changes

4731-13-20.1 Electronic testimony – no changes

4731-13-21 Prior action by the state medical board – no changes

4731-13-22 Stipulation of facts – no changes

4731-13-23 Witnesses – no changes

4731-13-24 Conviction of a crime – no changes

4731-13-25 Evidence – no changes

4731-13-26 Broadcasting and photographing administrative hearings – no changes

4731-13-27 Sexual misconduct evidence – no changes

4731-13-28 Supervision of hearing examiners – no changes

4731-13-30 Prehearing conference – no changes

4731-13-31 Transcripts of prior testimony – no changes

4731-13-32 Prior statements of the respondent – no changes

4731-13-33 “Physicians’ Desk Reference” – amend to allow usage of the US National Library of Medicine at medlineplus.gov

4731-13-34 Ex parte communication – no changes

4731-13-35 Severability – no changes

4731-13-36 Disciplinary actions – amend to add chapters 4759 and 4761 to rule

 

Deadline for submitting comments: Friday, September 18, 2020.

Comments to:

Judy Rodriguez, Public Services Manager

Judith.rodriguez@med.ohio.gov