Ohio Admin. Code 4751-1-12.2 - 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. The opposing representative of record
shall supply a list and copies to the requesting representative within a
reasonable time, but not less than fourteen days before the hearing
date.
(B)
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 the hearing examiner may
grant, a motion to exclude from the hearing the testimony and proposed exhibits
that were the subject of request.
(C)
Upon written
motion of any representative of record or upon the initiative of the board or
the hearing examiner, the board or hearing examiner shall issue a scheduling
order that shall 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.
(D)
If
expert witness testimony is proposed, the expert shall 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.
(E)
At any time
before a hearing, with or without motion from a representative of record, the
board or hearing examiner may schedule a prehearing conference. The conference
may be in person or by 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.
(F)
The board 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.
(G)
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.
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