Ohio Admin. Code 4723-16-05 - Prehearing processes
(A) Any representative of record may serve
upon the opposing representative of record a written request for a list of
witnesses and copies of proposed exhibits intended to be introduced at hearing.
Except in the case of summary suspensions, the opposing representative of
record shall supply a list and copies to the requesting representative within a
reasonable time, but not less than two
weeks
fourteen days before the hearing
date.
(B) In cases of summary
suspensions, the exchange of lists of witnesses and proposed exhibits intended
to be introduced at hearing shall be completed as soon as possible, but not
less than three days before the hearing date.
(C) If a representative of record fails to
comply with a request for, or scheduling order requiring the timely exchange
of, a list of witnesses, expert witness reports, if any, or copies of proposed
exhibits, the opposing representative of record may request, and, absent
extraordinary circumstances, the board, board hearing committee or hearing examiner shall grant, a
motion to exclude from the hearing the testimony and proposed exhibits that
were the subject of request.
(D)
Upon written motion of any representative of record or upon the initiative of
the board, board hearing committee or the hearing
examiner, the board, board hearing committee or
hearing examiner shall issue a scheduling order that may include but need not
be limited to:
(1) A schedule for exchange of
proposed hearing exhibits;
(2) A
schedule for identifying lay and expert witnesses; and
(3) A schedule for the exchange of written
reports, if any, from expert witnesses.
(E) If expert witness testimony is proposed,
the expert may submit a written report. A written report by an expert shall set
forth the opinions that the expert will testify about and the basis for the
opinions. In order to be admitted as evidence at hearing, the written report
must be provided to the opposing representative of record not less than thirty
days before the hearing date. The expert may also testify as a fact witness
and is not required to submit a written report
regarding non-expert testimony.
(F) At any time before a hearing, with or
without motion from a representative of record, the board, board
hearing committee or hearing examiner may
schedule a prehearing conference. The conference may be in person or by
telephone
telecommunication. No witness testimony shall be taken
during a prehearing conference. A prehearing conference may be held for reasons
including but not limited to:
(1) Settlement
negotiation;
(2) Identification of
issues;
(3) Obtaining stipulations
and admissions;
(4) Agreements
limiting the number of witnesses;
(5) Discussion of proposed exhibits and
witness lists;
(6) Estimating the
time necessary for the hearing; and
(7) Discussion of any other matter tending to
expedite the proceedings.
(G) The board, board hearing committee or hearing examiner may issue orders
related to preparation for the hearing and the conduct of the hearing that
facilitate the just and efficient disposition of the subject of the hearing.
Orders may include, but are not limited to,
requirements that by a date specified, a party or both parties submit:
(1)
Legal briefs
regarding the relevancy of proposed testimony or evidence;
(2)
Legal briefs
regarding a point of law; or
(3)
Written opening
statements and closing arguments.
(H) Any document that is a patient record or
that contains information that is required to be kept confidential according to
any state or federal law may, for purposes of the administrative hearing only,
be provided to a representative of record or to a witness in the proceeding,
but shall not be disseminated to any other person unless the confidential
information is redacted.
Notes
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.28
Prior Effective Dates: 02/01/2000, 02/09/2005, 02/01/2010, 02/01/2015
Promulgated Under: 119.03
Statutory Authority: ORC 4723.07
Rule Amplifies: ORC 4723.28
Prior Effective Dates: 02/01/2000, 02/09/2005, 02/01/2010, 02/01/2015
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