Ohio Admin. Code 3746-7-04 - Attendance of witnesses and production of documents at hearing
(A) For the purpose
of conducting a de novo hearing, or where the commission has granted a request
for the admission of additional evidence, the commission may on its own motion
require the attendance of witnesses and the production of written or printed
materials.
(B)A party may move the
commission for the issuance of a subpoena to require the attendance of
witnesses and the production of documents at the de novo hearing. Except in
extraordinary circumstances and upon leave of the commission, such a motion
shall be made at least seven business days prior to the scheduled hearing date.
Subpoenas requested for the attendance of witnesses or production of records at
the de novo hearing shall be issued by the commission pursuant to section
3745.05 of the Revised Code.
(C) A witness at any hearing shall
testify under oath or affirmation, which any member of the commission may
administer. Upon request, a witness shall be permitted to be accompanied,
represented, and advised by an attorney, whose participation in the hearing
shall be limited to the protection of the rights of the witness.
(D) The refusal of a witness at any a hearing
before the commission to answer any question which has been ruled proper shall,
in the discretion of the commission, be grounds for:
(1) Striking all testimony given by the
witness on related matters; or
(2)
Instituting contempt proceedings in the court of common pleas.
(E) The commission may, on its own
motion or on the motion of any party, provide for the separation of witnesses
during the hearing.
(F) At the
discretion of the commission, affidavits
sworn testimony may be submitted in support of
any relevant fact or in lieu of live testimony.
Notes
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.03, 3745.04, 3745.05
Prior Effective Dates: 08/24/1973, 10/23/1973, 04/28/2000, 07/29/2005, 07/26/2010
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.03, 3745.04, 3745.05
Prior Effective Dates: 8/24/1973, 10/23/1973, 4/28/2000, 7/29/2005, 7/26/2010
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