What is an administrative hearing?
An administrative hearing is a legal proceeding in
which you are afforded the opportunity, before an independent
hearing officer to dispute ODA's proposed action. An
administrative hearing is the first step in the legal process
to dispute ODA's action, and is conducted pursuant to Chapter
119. of the Ohio
Revised Code.
Who may request an administrative hearing?
Any individual or business
that has received a notice of violation letter has the right
to request an administrative hearing. A request for hearing can
be made in writing or by telephone by contacting the: Ohio Department
of Agriculture, Legal Section, 8995 East Main Street, Reynoldsburg,
Ohio 43068, (614) 728-6430. Please provide your name, name of
your company, date of the letter you received and the name of
the division personnel that signed your letter.
When
and where will the hearing take place?
Pursuant to
Chapter
119, you have the right to have your issue heard within
7 to 15 days from the date you receive the
letter. However, a later date can be scheduled if requested by
you or ODA. All administrative hearings are held
at the
Ohio Department
of Agriculture. Additionally, if requested,
ODA will issue a subpoena to any witness you believe is important
to your case since subpoenas must be served by the sheriff’s
department in the county where the witness resides, ODA
asks that you provide the name(s), address(es) and telephone
number(s) of your witness(es) at least 15 days before
your hearing.
Can I have an attorney represent me?
At the administrative hearing you
have the right to represent yourself or obtain legal representation.
However, if your business receives a notice of hearing, you may
not represent your company. The company must be represented by
a licensed attorney. You may testify as a witness on behalf of
your company but you cannot present yourself as the companies
legal representation.
Who presides over my hearing?
At the administrative hearing, the case
will be heard by a hearing officer. The hearing officer is a
local attorney, independent of the department that is under contract
as a hearing officer.
How is a hearing conducted?
The department, as the plaintiff
will present its case first. The department may call witnesses
and offer exhibits into evidence in support its claim of the
alleged violation. The respondent will have the opportunity
to cross examine (question) any witness the department calls.
Upon the completion of the department presenting its case, the
respondent will have the opportunity to present the case;
call witnesses and offer exhibits into evidence in support of
the case. The hearing officer will take all testimony, exhibits
and closing remarks (if any) under advisement and will render
a decision. A decision will not be rendered the same day as the
hearing.
How is a decision rendered?
When a decision is rendered by the hearing officer, it will be
presented in the form of a “Report and Recommendation” and
will mail the report to the department. The department will serve
you with a copy of the report and recommendation by certified
mail.
What if I do not agree with the decision?
After reviewing of the report, if you do not agree with it,
you have the right to file objections. Objections must be submitted
to the department in writing and must be received by the department
within 10 days from the date you are served with the report.
Failure to submit objections will be viewed by the department
as a waiver of your right to object.
What if I do not agree with the Director's
Order?
After the objection
period, the director will review the report and the objections
and will then prepare and journalize a Director’s Order
which will either accept the report in full, in part, or not
at all. You will be served with a copy of the Director’s
Order by certified mail. If you do not agree with the Director’s
Order, you have the right to appeal the order and may do so within
15 days of receipt of the order in the appropriate Court of Common
Pleas in accordance with ORC 119.12.
