Ohio Admin. Code 3745-47-10 - Conferences
(A)
Upon written notice by the hearing examiner to all
parties, the parties or the parties' attorneys may be ordered to appear at a
specified time and place for a conference, presided over by the hearing
examiner, before or during the course of the adjudication hearing, to consider
such matters as the hearing examiner shall direct including but not limited to
the following:
(1)
The settlement of the adjudication proceeding.
(2)
The
specification and simplification of the questions presented.
(3)
The disclosure
of names, identities, and location of witnesses together with a brief statement
of what is proposed to be established by the testimony of each.
(4)
The
limitation of the number of and the exchange of reports of expert witnesses
expected to be called by any party.
(5)
The submission
of admissions of fact.
(6)
The submission of stipulations as to the admissibility
into evidence of documents and other exhibits to avoid unnecessary proof.
(7)
The
exchange of documentary evidence to be submitted at the adjudication
hearing.
(B)
Each party shall attend the initial conference fully
prepared to discuss in detail the following:
(1)
The party's own
positions with respect to all issues of fact and law raised in the party's
requests for adjudication hearing.
(2)
All issues of
fact and law raised by other parties on which the party wishes to take a
position.
(3)
All respects in which the party desires the proposed
action to be altered, and the reasons therefor.
(C)
The proceedings
at the initial conference shall be off-the-record.
(D)
Prior to or
subsequent to any conference, the hearing examiner may require a party to
prepare briefs covering such matters as the hearing examiner may specify. For
any conference, the hearing examiner may prepare, or order prepared, a
conference report encompassing the agreements reached and decisions made at the
conference, including any agreed upon admissions, stipulations, or proposals.
All offers of settlement, proposals of adjustment, and proposed stipulations
not agreed upon shall not constitute admissions, and shall not be admissible in
evidence against the person making the offer or proposal.
Replaces: Part of 3745-47-19
Notes
Promulgated Under: 119.03
Statutory Authority: 6111.041, 6111.03, 6109.04, 3753.02, 3752.03, 3751.02, 3746.04, 3745.01, 3734.74, 3734.73, 3734.72, 3734.71, 3734.70, 3734.12, 3734.021, 3734.02, 3714.02, 3704.03
Rule Amplifies: 119.06, 3745.07, 119.09, 119.08, 119.07
Prior Effective Dates: 07/05/1973, 06/30/1981, 04/02/2012
Promulgated Under: 119.03
Statutory Authority: 3704.03, 3714.02, 3734.02, 3734.021, 3734.12, 3734.70, 3734.71, 3734.72, 3734.73, 3734.74, 3745.01, 3746.04, 3751.02, 3752.03, 3753.02, 6109.04, 6111.03, 6111.041
Rule Amplifies: 119.06, 119.07, 119.08, 119.09, 3745.07
Prior Effective Dates: 07/05/73, 06/30/81
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