Ohio Admin. Code 5160-80-07 - Recording of hearing
(A)
The hearing
examiner shall make an audio recording of the hearing. The recording shall be
started at the beginning of the hearing and shall continue until the hearing is
concluded. There shall be no testimony or other proceedings off the record. The
recording shall not be altered or edited in any manner or for any
reason.
(B)
The recording of the hearing shall be a part of the
hearing record. The recording shall be maintained pursuant to the department's
record retention schedule.
(C)
The appellant,
the appellant's attorney or authorized representative, or department's or
county department's legal representative may request a copy of the recording.
The department shall respond to such requests within twenty-one business days
whenever possible, and shall provide the copy free of any charge. Non-receipt
of a copy of a recording within the administrative appeal period shall not
result in an extension of the administrative appeal period.
(D)
If, during the
administrative appeal process, it is found that the recording is lost or
unusable (for example, because it has been damaged or because material portions
of the recording are inaudible), the director shall remand the case to the
hearing examiner for a new hearing if any party takes material issue with the
recitation of the testimony set forth in the hearing decision.
Notes
Promulgated Under: 119.03
Statutory Authority: 5160.02
Rule Amplifies: 5160.37
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