// CODE SNIPPET

103.2.7.1.1 Complaint Process

Ohio Residential Code 2013 > 1 Administration > 103 Certified Residential Building Departments, Personnel, and Appeals Boards > 103.2 Building Department Certification > 103.2.7 Residential Building Department Certification, Revocation or Suspension > 103.2.7.1 Residential Building Department Certification, Hearings and Appeals > 103.2.7.1.1 Complaint Process

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Upon receipt of a written complaint against a certified residential building department that is substantiated by demonstrable evidence or upon the board's own motion:

1. The board shall decide whether the information submitted warrants causing a formal investigation to be initiated or sending a notice for public hearing as outlined in item 4 below;

2. If a formal investigation is warranted, the certified jurisdiction shall be notified that an investigation has been initiated by the board;

3. Upon completion of the investigation, findings shall be reported to the board.

4. The board may dismiss the complaint, table the matter for future action, or initiate action to suspend or revoke the certification. If the board issues an order to suspend or revoke the certification, it shall:

4.1. Notify the certified jurisdiction of the charges by certified mail, return receipt requested. The certified jurisdiction shall be informed that a hearing, if desired, must be requested within thirty days from the date of the mailing to request a hearing before the board. The order shall inform the certified jurisdiction that it may be represented by counsel at the hearing. Failure by the certified jurisdiction to request a hearing within thirty days from the date of the mailing of the notification may cause the board, after a hearing, to uphold the order revoking or suspending certification;

4.2. Schedule a hearing to be held seven to fifteen days after receipt of the request. The board may continue or postpone the hearing upon application by the party or upon its own motion;

4.3. The board may appoint a hearing officer to conduct a hearing.

4.4. A hearing will be conducted during which parties and witnesses can be examined and offer testimony, in a manner that prevents unnecessary delay, and that ensures the development of a clear and adequate record.

4.4.1. The hearing shall be conducted pursuant to the provisions of Sections 3781.10, 3781.101, and 119.09 of the Revised Code;

4.5. If a hearing officer has been appointed, then within thirty days after the hearing, the hearing officer shall submit a written report of the findings of fact and recommendations to the board for its consideration.

5. Following the hearing the party affected shall be sent a certified copy of the board's action and informed by certified mail, return receipt requested, that the jurisdiction may appeal the order within fifteen days to the court of common pleas in Franklin county pursuant to Sections 3781.10, 3781.101, and 119.12 of the Revised Code.

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