(A) Hearing examiner may allow pre-
hearing
discovery
(1) As a part of the authority to
conduct the
hearing, and except as provided in paragraph (B) of this rule, the
hearing examiner may allow pre-
hearing discovery of any matter that is not
privileged or confidential and is relevant to the subject matter of the
proceeding, provided that such discovery is necessary to facilitate the
thorough and adequate preparation of the
hearing. The participants to any
hearing governed by this chapter may also conduct pre-
hearing discovery by
mutually agreeable methods or by stipulations subject to approval by the
hearing examiner. When a method of pre-
hearing discovery is permitted, it shall
be conducted in accordance with the Ohio Rules of Civil Procedure (
7/1/2012
7/1/2016)
unless the
hearing examiner orders otherwise, and except as modified by
paragraph (B) of this rule. Use of discovered material at any
hearing shall
also be governed by the Ohio Rules of Civil Procedure
(7/1/2012).
(2) When permitted pursuant to this rule,
pre-
hearing discovery may begin immediately after a
hearing request is timely
made, and
must
shall be completed before the actual commencement of
the
hearing. The
hearing examiner may limit the length of the time allowed for
discovery and may shorten the time allowed for response to discovery requests.
Pre-
hearing discovery may be obtained through use of interrogatories, requests
for the production of documents, permission to enter upon land or other
property, depositions, and requests for admissions.
(3) Nothing in this rule prohibits an
appellant or ODJFS from gaining access to any information made public by the
operation of state law.
(B) Discovery not permitted in specified
certain
hearings
(1) Discovery is not
available in hearings requested pursuant to Chapters 5103. and 5104. of the
Revised Code unless the parties stipulate to limited or full pre-hearing
discovery.
(2) Section
5101.29 of the Revised Code
designates the following records held by
ODJFS or a county
department of job
and family services or a public children services agency as not being public
records and these records are not discoverable:
(a) Names and other identifying information
regarding children enrolled or attending a child day care center or home
subject to licensure, certification, or registration under Chapter 5104. of the
Revised Code.
(b) Names and other
identifying information regarding children placed with an institution or
association certified under section
5103.03 of the Revised
Code.
(c) Names and other
identifying information regarding a person who makes a written or oral
complaint regarding a child day care center or home subject to licensure,
certification or registration under Chapter 5104. of the Revised
Code.
(C)
Depositions
For the purpose of conducting a hearing, ODJFS or any appellant
may take depositions of witnesses residing within or without the state in the
same manner as is prescribed by law for the taking of depositions in civil
actions in the court of common pleas of this state. Depositions of ODJFS
employees are to be conducted in the Columbus offices of ODJFS during normal
business hours unless other arrangements are approved by ODJFS.
(D) Subpoena issuance and
enforcement
ODJFS, upon its own motion or that of any appellant, will issue
a subpoena requiring the attendance of witnesses and the production of books
and records as are necessary for the purpose of conducting a hearing.
(1) Upon the request of the
appellant, ODJFS
will issue a subpoena for any witness or a subpoena duces tecum to compel the
production of any books, records, or papers. ODJFS will issue such subpoena in
blank to a party requesting it, who is solely responsible for completing the
subpoena form, including the address where the person is to be served, and
returning it to the depository agent along with a written request for service.
The written request along with the completed subpoena
must
shall be
received by the
depository agent no later than twenty-one business days before
the commencement of the hearing or deposition, unless otherwise ordered for
good cause shown. Upon its own initiative and for its own use, ODJFS may issue
a subpoena for any purpose set forth in this rule or otherwise authorized by
law. At its discretion, ODJFS may make available electronically a subpoena in
blank and may authorize electronic submission of a completed
subpoena.
(2) All subpoenas issued
under this rule
are to
shall be directed to the sheriff of the county where
the
person to be served resides or is found. The subpoena
is to
shallbe
served and returned in the same manner as a subpoena in a criminal case. Fees
and mileage of the sheriff and the witness
will
shall be the same
as that allowed in the court of common pleas in criminal cases.
ODJFS
will
shall pay
allowable fees and mileage.
(3) In
any case of disobedience or neglect of any subpoena served upon any
person, or
the refusal of any witness to testify to any matter in which there may be
lawful interrogation,
ODJFS will
shall apply to the court of common pleas where such
disobedience, neglect, or refusal occurs for an
order to compel obedience by
attachment proceedings for contempt, as in the case of disobedience of the
requirements of a subpoena issued from such court, or a refusal to testify
therein.
Notes
Ohio Admin. Code
5101:6-50-07
Effective:
1/1/2019
Five Year Review (FYR) Dates:
10/3/2018 and
01/01/2024
Promulgated
Under: 119.03
Statutory
Authority: 5101.02,
5164.02
Rule
Amplifies: 119.06,
119.07,
119.09,
1701.07,
1703.19,
5101.24,
5103.12,
5103.03,
5104.03,
5104.04,
5164.02
Prior
Effective Dates: 01/01/1983, 01/10/1987, 12/01/1987 (Emer.), 02/15/1988,
02/01/1999, 04/01/2004, 10/01/2008,
02/28/2014