Ohio Admin. Code 102-9-01 - General hearing procedures

(A) The commission shallwill schedule a hearing within ninety days after the filing of a complaint, but may continue the hearing at the request of any party unless a continuance is granted.

(B) The respondent will be given the opportunity to be represented by counsel, to have counsel appointed if unable to afford counsel without undue hardship pursuant to paragraph (J) of this rule, to examine the evidence against the respondent, to produce evidence, to call and subpoena witnesses, to confront accusers, and to cross-examine witnesses.

(B) The commission may conduct any inquiry appropriate to determine whether the respondent is unable to afford counsel without undue hardship, including, but not limited to, relying on forms and procedures promulgated by the Ohio Public Defender's Commission regarding indigent status.

(C) All witnesses at any hearing before the commission shall must testify under oath or affirmation. A witness may be accompanied and advised by legal counsel. Participation by a witness's counsel will be limited to protection of the 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 commission finds that the facts alleged in the complaint are true and constitute a violation of section 102.02, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised Code, it will report its findings to the appropriate prosecuting authority and to the appointing or employing authority of the respondent.

(E) The commission will dismiss the complaint if it does not find, based on a preponderance of the evidence, that the facts alleged in the complaint are true and constitute a violation of section 102.02, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised Code.

(F) (D) If a complaint is dismissed, the commission shallwill, upon on the written request of the respondent, make a public report of its findings. In such case, all evidence and the record of the hearing shall will remain confidential unless the respondent requests, in writing, that the evidence and record be made available for public inspection.

(G) Except as otherwise provided in this rule, all papers, records, affidavits, and documents regarding any complaint, inquiry, or investigation relating to the proceedings of the commission will be sealed and are private and confidential except as otherwise provided in section 102.06 of the Revised Code.

(H) Stenographic record will be made of all hearings conducted under section 102.06 of the Revised Code and Chapter 102-7 of the Administrative Code.

(I) All hearings held under authority of section 102.06 of the Revised Code and Chapter 102-7 of the Administrative Code will be closed to the public.

(J) The commission may conduct any inquiry appropriate to determine whether the respondent is unable to afford counsel without undue hardship.

(E) The filing of a request, motion or notice related to a commission hearing shall comply with the following:

(1) Any notice specifying the date, time, and place for a hearing mailed by the commission shall be served by certified mail. If the certified mail is returned unclaimed, the commission shall serve the notice by regular mail with a certificate of mailing, or by personal service to the accused. Any legal representative of record shall also be served the notice by regular mail at the address on file.

(2) The mailing date of any document mailed by the commission shall be the date appearing on the certified mail receipt or certificate of mailing, or date personal service was made as sworn to by an employee or agent of the commission.

(3) A document may be filed with the commission by hand-delivery, or regular U.S. mail, or encrypted electronic mail. If multiple copies of the same document are filed, only the first to be received by the commission will be time stamped and retained.

(4) A document is filed with the commission when the document is received and time stamped at the commission office located in Columbus, Ohio. Documents received after 4:30 p.m. on a business day will be time stamped as received by the commission the next business day.

Notes

Ohio Admin. Code 102-9-01

Five Year Review (FYR) Dates: 6/1/2022 and 06/01/2027
Promulgated Under: 111.15
Statutory Authority: 111.15, 102.05
Rule Amplifies: 102.06
Prior Effective Dates: 02/23/1976, 07/16/1977, 06/08/1981, 01/01/2002, 06/29/2017

Effective: 6/29/2017
Five Year Review (FYR) Dates: 04/04/2017 and 06/29/2022
Promulgated Under: 111.15
Statutory Authority: 102.05
Rule Amplifies: 102.06
Prior Effective Dates: 2/23/76, 7/16/77, 6/8/81, 1/1/02