Ohio Admin. Code 101-7-12 - Hearing procedures
(A) The committee shall schedule a hearing
within forty-five days after the filing of a complaint unless a continuance is
granted.
(B) The respondent shall
be given the opportunity to be represented by counsel, to have counsel
appointed for him if he is unable to afford counsel without undue hardship, to
examine the evidence against him, to produce evidence and to call and subpoena
witnesses in his defense, to confront his accusers, and to cross-examine
witnesses.
(C) All witnesses at
any hearing before the committee shall testify under oath or affirmation. A
witness may be accompanied and advised by legal counsel. Participation by such
counsel shall be limited to protection of his client's rights. Counsel for a
non-party witness may neither examine nor cross-examine any witness.
(D) If, upon a preponderance of the evidence
considered at the hearing, the committee finds that the facts alleged in the
complaint are true and constitute a violation of section
102.02,
102.03,
102.031
or
102.04
of the Revised Code, it shall report its findings to the appropriate
prosecuting authority and to the appointing or employing authority of the
respondent.
(E) If the committee
does not find, on the basis of a preponderance of the evidence, that the facts
alleged in the complaint are true and constitute a violation of section
102.02,
102.03,
102.031
or
102.04
of the Revised Code, it shall dismiss the complaint.
(F) If a complaint is dismissed, the
committee shall, upon the request of the respondent, make a public report of
its findings. In such case all evidence and the record of the hearing shall
remain confidential unless the respondent requests, in writing, that the
evidence and record be made available for public inspection at the office of
the committee.
(G) Except as
otherwise provided in this rule, all papers, records, affidavits, and documents
upon any complaint, inquiry, or investigation relating to the proceedings of
the committee shall be sealed and are private and confidential.
(H) A stenographic record shall be made of
all hearings conducted under section
102.06
of the Revised Code and this chapter.
(I) All hearings held under authority of
section
102.06
of the Revised Code and this chapter shall be closed to the public.
Notes
Promulgated Under: 111.15
Statutory Authority: 101.34
Rule Amplifies: 102.06
Prior Effective Dates: 05/18/1995
Promulgated Under: 111.15
Statutory Authority: 101.34
Rule Amplifies: 102.06
Prior Effective Dates: 5/18/95
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