Ohio § 917.22

§ 917.22.

(A)(1) The director of agriculture may deny, suspend, or revoke a license issued under this

chapter for a violation of this chapter or the rules adopted under it.  Except as provided in division (A)(2) of this section, the denial, suspension, or

revocation of a license is not effective until the licensee is given written notice

of the violation, a reasonable amount of time to correct the violation, and an opportunity

for a hearing. (2) If the director determines that a dairy product constitutes adulterated food as described

in section 3715.59 of the Revised Code or exceeds bacterial or chemical standards established by rules adopted under this

chapter, or that an emergency exists that presents a clear and present danger to the

public health, the director may deny, suspend, or revoke a license, effective immediately

without a hearing, provided that an opportunity for a hearing shall be afforded thereafter

without delay. (B) All proceedings under this chapter shall comply with Chapter 119. of the Revised

Code, except that: (1) The location of any adjudicatory hearing that the licensee requests shall be the

central office of the department of agriculture. (2) The director shall notify a licensee by certified mail or personal delivery that

the licensee is conditionally entitled to a hearing.  The director shall specify in the notice that, in order to obtain a hearing, the

licensee must request the hearing not later than ten days after the date of receipt

of the notice. (3) If the licensee requests a hearing, the date set for the hearing shall be no later

than ten days after the date on which the director receives the request, unless the

director and the licensee agree otherwise. (4) The director shall not postpone or continue an adjudication hearing without the consent

of the licensee.  If the licensee requests a postponement or continuation of an adjudication hearing,

the director shall not grant it unless the licensee demonstrates that an extreme hardship

will be incurred in holding the adjudication hearing on that hearing date.  If the director grants a postponement or continuation on the grounds of extreme

hardship to the licensee, the record shall document the nature and cause of the extreme

hardship. (5) In lieu of having a hearing and upon the licensee's written request to the director,

the licensee may submit to the director, not later than the date of the hearing set

pursuant to division (B)(3) of this section, documents, papers, and other written

evidence to support the licensee's claim. (6) If the director appoints a referee or examiner to conduct the hearing, the following

apply: (a) A copy of the written adjudication report and recommendations of the referee or examiner

shall be served by certified mail upon the director and the licensee or the licensee's

attorney or other representative of record not later than three business days following

the conclusion of the hearing. (b) Not later than three business days after receipt of the report and recommendations,

the licensee may file with the director written objections to the report and recommendations. (c) The director shall consider the objections submitted by the licensee before approving,

modifying, or disapproving the report and recommendations.  The director shall serve the director's order upon the licensee or the licensee's

attorney or other representative of record by certified mail not later than six business

days after receiving the report. (7) If the director conducts the hearing, the director shall serve the director's decision

by certified mail upon the licensee or the licensee's attorney or other representative

of record not later than three business days following the close of the hearing. (8) If no hearing is held, the director shall issue an order by certified mail to the

licensee or the licensee's attorney or other representative of record not later than

three business days following the last date possible for a hearing, based on the record

that is available.