(A)
On receiving a
written request, the responding party shall provide a list of the witnesses,
including name, address, phone number and summary of the expected testimony,
and the documents
A party must, within
fourteen calendar days of receipt of a written request, supply a list of the
witnesses and the documents that the responding party intends to
introduce at the hearing. Any request shall be made at
least twenty calendar days before the hearing date. The response shall be filed
with the commission and provided to the requesting party within fourteen
calendar days after receipt of the request.
(B) A party
shallmust, within fourteen
calendar days of receipt of a written request, permit the requesting
party to
examineview and copy, at the requesting party's own
expense, any evidence
and documents intended to
be used against the requesting party.
Any request shall
be made at least twenty calendar days prior to the hearing date. The responding
party shall make the records available to the requesting party within fourteen
calendar days after receipt of the request.
(C) Lists of documents that a party
requests to examine must be received by the responding party not later than
twenty calendar days before the hearing.
(D)
(C)
If a party fails, without good cause, to comply with paragraphs (A) and (B)
(C)
of this rule, the requested testimony and
or documents may, upon motion of the
adversely affected party, be excluded from the hearing before the commission.
The commission will determine whether a party has complied with paragraphs (A) and (B)
(C)
of this rule.
(E)
(D) The commission may continue a hearing
onupon its
own motion or the motion of any party, for good cause shown, to permit
discovery under paragraph
s (A) and (B)
(C) of this rule.
(F) A party may take the deposition
of any witness, residing inside or outside of the state, in the same manner as
prescribed by law for the taking of depositions in civil actions in a court of
common pleas. The party calling the witness will be responsible for the cost of
depositions.
(E)
All discovery shall be completed at least five calendar
days before the hearing date unless extended by the commission.
(F)
All discovery
matters that should come before the commission shall be decided by the
commission chairman, or vice-chairman in the chairman's absence or
unavailability, or hearing officer if appointed by the
commission.
(G) A
legal representative's work product is not
subject to discovery.
(H)
The executive director, or general counsel in the
absence of the executive director, shall have the authority to issue subpoenas
pursuant to section 102.06 of the Revised Code
subject to the "Subpoena Issuance Policy" as adopted by the commission on July
23, 2015. This policy and its amendments are available at the office of the
commission.
Notes
Ohio Admin. Code
102-9-03
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
