Hearing rules update

Comments due 1/22/21

The State Medical Board of Ohio has filed proposed actions concerning rules with the Common Sense Initiative Office. The proposals are available for your comment.

 

A state rule-making agency may propose to adopt a new rule, amend or rescind an existing rule, or propose to continue a rule without any changes.  Executive Order 2011-01K and Sections 107.62 and 121.82, Ohio Revised Code, require state agencies to draft rules in collaboration with stakeholders, assess and justify any adverse impact on the business community, and provide an opportunity for the affected public to provide input on the proposed rules. The Business Impact Analysis for the proposed rules discusses the purpose of the rule and identifies the nature of the adverse impact on licensees. The Common Sense Initiative review most be completed before the rules can begin the formal rule-making process through the Joint Committee on Agency Rule Review. 

 

At this time, public comment is being sought on the proposed actions for the following rules. Click here to view the Business Impact Analysis and rules filed with the Common Sense Initiative.

 

Hearing Rules

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 – proposed change to allow hearing via live videoconference upon motion of party or hearing examiner

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 – amend to change deadline for requests to address from 5 days to 7 days before board meeting consideration

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

 

Comments on the proposed rules must be received no later than January 22, 2021. Please provide comments to both of the following:

Medical Board at: Judith.rodriguez@med.ohio.gov

AND

Common Sense Initiative Office at: CSIPublicComments@governor.ohio.gov