Ohio Admin. Code 4734-4-10 - Limited discovery procedures
(A) Any representative of record may serve
upon the opposing representative of record a written request for a list of both
the witnesses and the documents intended to be introduced at hearing. Within
twelve days of service of that request, the opposing representative shall
provide a response to the requesting representative. All final lists requested
under this rule shall be exchanged no later than fourteen days prior to the
commencement of the administrative hearing, unless leave from the hearing
officer or presiding board member has been obtained.
(B) Failure without good cause to comply with
paragraph (A) of this rule may result in exclusion from the hearing of such
testimony or documents, upon motion of the representative to whom disclosure is
refused.
(C) The hearing officer
or presiding board member shall, upon written motion of any representative of a
party, issue an order setting forth a schedule by which the parties shall
simultaneously exchange hearing exhibits, identify lay and expert witnesses and
exchange written reports from expert witnesses. Any written report by an expert
required to be exchanged under the hearing officer's or presiding board
member's order shall set forth the opinions to which the expert will testify
and the bases for such opinions. The failure of a party to produce a written
report from an expert under the hearing officer's or presiding board member's
order may result in the exclusion of that expert's testimony at hearing. The
failure of a party to produce an exhibit under the terms of the hearing
officer's or presiding board member's order may result in the exclusion of that
exhibit from evidence. The failure of a party to identify a lay or expert
witness under the terms of the hearing officer's or presiding board member's
order may result in the exclusion of that witness' testimony at hearing.
(D) The hearing officer or
presiding board member may order any additional pre-hearing discovery that, in
the hearing officer's or presiding board member's judgment, will assist the
board in developing a full and fair record.
Notes
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 119, 4734.45
Prior Effective Dates: 08/12/2002
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 119, 4734.45
Prior Effective Dates: 8/12/02
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