Ohio Admin. Code 1301:6-3-23 - Enforcement powers
(A) Hearings conducted by the division
pursuant solely to section
1707.23 of the Revised Code
shall be investigative in nature with attendance restricted by the division to
those persons whose presence is necessary for the efficient conduct of the
hearing, and shall be conducted by an attorney designated by the division who
is admitted to the practice of law in Ohio.
(B) The division may, in its sole discretion,
prepare a transcript of any investigative hearing at its expense. A copy of any
transcript prepared at the expense of the division shall be furnished to the
witness at the expense of the witness upon written request. No photographic
recording or transceiving devices except those acceptable to the division shall
be permitted at investigative hearings.
(C) Every witness in an investigative hearing
shall be afforded an opportunity to make a statement. The witness shall be
advised of the right to secure legal counsel and to have counsel present during
questioning.
(D) The rules of
evidence applicable in judicial proceedings shall apply to investigative
hearings by the division so far as practicable, taking into consideration the
investigative and administrative character of such hearings and the powers of
investigation of the division .
(E)
No rule or adjudication of the division shall result from an investigative
hearing unless an opportunity for a hearing is afforded in accordance with
sections 119.01 to
119.13 of the Revised Code.
(F) For the purposes of division
(C) of section 1707.23 of the Revised Code,
"party" or "parties" to an investigative hearing are those persons required by
the division to testify at the hearing.
Notes
Promulgated Under: 119.03
Statutory Authority: 1707.20
Rule Amplifies: 1707.23
Prior Effective Dates: 12/31/1975, 02/22/1980, 01/17/1992
Promulgated Under: 119.03
Statutory Authority: 1707.20
Rule Amplifies: 1707.23
Prior Effective Dates: 2/22/80, 12/31/75, 1/17/92
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