103.4.4 Local Board of Building Appeals Certification, Revocation
The board of building standards on its own motion or on written complaint of any person affected by the local board of building appeals shall cause to be conducted such investigation to determine whether there is an allegation implying one or more of the following:
- The presence of fraud;
- Failure to adhere to applicable procedures set forth in Chapters 119. and 3781. of the Revised Code or rules made thereunder;
- Failure to render decisions within thirty days of the hearing;
- Granting of variances to provisions of rules of the board not adopted pursuant to Chapters 3781. and 3791. of the Revised Code but mandated by other chapters of the Revised Code;
- Failure to notify organizations representing people with disabilities pursuant to Section 3781.19 of the Revised Code;
- Failure to permit an appeal for a de novo hearing before the state board of appeals or a direct appeal to the court of common pleas pursuant to section 3781.19 of the Revised Code.
- The board shall decide whether the information submitted warrants causing an investigation to be initiated or sending a Notice of Opportunity for Hearing as outlined in item 4 below;
- If a formal investigation is warranted, the subject of the investigation shall be notified that an investigation has been initiated by the board;
- Upon completion of the investigation, findings shall be reported to the board.
- The board may dismiss the complaint, table the matter for future action, or initiate action to revoke the certification. If the board issues an order to revoke the certification it shall:
- Notify the jurisdiction of the charges by certified mail, return receipt requested. The 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 jurisdiction that counsel may represent the certificate holder at the hearing. Failure by the 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 an order revoking certification;
- Schedule a hearing to be held seven to fifteen days after receipt of the request, unless another date is mutually agreed upon by both parties. The board may continue or postpone the hearing upon application by the party or upon its own motion;
- The board may appoint a hearing officer to conduct a hearing.
- 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.
- The hearing shall be conducted pursuant to the provisions of Sections 3781.10, 3781.101, and 119.09 of the Revised Code;
- 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.
- Following the hearing, the board may dismiss the complaint or, when substantiated by the evidence, revoke the certification. When an order is upheld to revoke the certification, the jurisdiction 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.