A Notice of Opportunity for Hearing is a letter issued by the Board following an investigation. The letter provides the licensee with notice of the alleged miscondut, violations of law, and potential disciplinary sactions based on the findings of the investigation. The Notice of Opportunity for Hearing will also include your rights to hearing and the timeline to request a hearing.
The decision to request a hearing is a personal decison and ultimately up to you; however, you may want to consult an attorney prior to making your decision. Please keep in mind that there is a deadline in which a hearing may be requested. Should you fail to request a hearing before the deadline, the Board will hear the case without your testimony and evidence and make a decision based on the notice of opporunity for hearing and information presented at the hearing.
No, you are not required to appear at the hearing.You may, however, submit written contentions in response to the allegations provided in the notice of opportunnity for hearing or have an attorney appear in your abscence. It would be in your best interest to consult an attorney prior to making your decision.
You are not required to have an attorney, but it would be helpful to have one or at least consult with one if you have questions about how to present your position at hearing. Depending on the nature and complexity of the allegations provided in the Board's notice letter, you may want to have a representative who is experienced with presenting testimony and evidence, cross-examining witnesses, and interpreting provisions from the Ohio Revised Code and Ohio Administrative Code. A lawyer from the Ohio Attorney General's Office will represent the State (the Board) in this adversarial hearing. If you decide to represent yourself at the hearing, you should familiarize yourself with the provisions of law that are applicable to the allegations provided in the notice letter. If you decide to have an attorney represent you, that attorney must be licensed to practice law in Ohio in order to represent you at the hearing. If you select an attorney from out of state, the attorney must contact The Ohio Supreme Court and file the necessary paperwork to practice in Ohio.
Settlement negotiations are permitted by the Board and must be discussed with the Assistant Attorney General assigned to represent the Board. You may discuss potential settlement directly with the Assistant Attorney General assigned to the Board or through your attorney. If a settlement is reached, the Board must ratify the settlement at its regularly scheduled Board meeting.
After the hearing, the Board will issue its final Adjudication Order and mail a copy to you. Once you have received the final Adjudication Order, you may appeal the decision to the court of common pleas in the county where you reside or practice. If you do not live or work in Ohio, you can appeal to the Franklin County Court of Common Pleas The final order will include information regarding your right to appeal as well as the fifteen (15) day deadline to file an appeal with the Board and the court. If an appeal is filed within the fifteen (15) day deadline, the Board must submit a certified copy of the Board's hearing record to the court within thirty (30) days.