Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-47 - Procedural Rules
Section 3745-47-06 - Authority and duties of hearing examiners

Universal Citation: OH Admin Code 3745-47-06

Current through all regulations passed and filed through December 16, 2024

(A) Adjudication hearings shall be conducted before a hearing examiner.

(B) Upon receiving a request or objection pursuant to rule 3745-47-03 of the Administrative Code, a hearing examiner shall be assigned to the case.

(C) The hearing examiner shall conduct adjudication hearings in such a manner as to prevent unnecessary delay, maintain order, and ensure the development of a clear and adequate record.

(D) The authority of the hearing examiner shall include but not be limited to authority to do the following:

(1) Schedule adjudication hearings, in which consideration shall be given to the following:
(a) Providing adequate time for all parties to prepare for the adjudication hearing.

(b) Any request by a party relating to the time and location of the adjudication hearing.

(2) Administer oaths and affirmations.

(3) Issue subpoenas to require the attendance of witnesses at adjudication hearings and depositions.

(4) Issue subpoenas duces tecum to require the production of documents or tangible things.

(5) Compel all parties to state their positions in writing with respect to the dispute.

(6) Examine witnesses and direct witnesses to testify.

(7) Make rulings on the admissibility of evidence.

(8) Make rulings on procedural motions, whether such motions are oral or written.

(9) Hold conferences pursuant to rule 3745-47-10 of the Administrative Code to discuss settlement or for the simplification of issues.

(10) Request any party or any party's attorneys to prepare and file suggested entries, findings, orders, conclusions of law, and briefs before or following the adjudication hearing and within such time limits as the hearing examiner may determine.

(11) Dismiss a party for failure to comply with this chapter or with any order that the hearing examiner is authorized to issue, or for failure to appear at an adjudication hearing or conference.

(12) Order cases involving common issues of fact and law to be consolidated.

(13) Take such other action as may be necessary to accomplish the purposes of paragraph (C) of this rule.

(E) The hearing examiner shall have such other powers, duties, and authority as are granted by statute or rules.

(F) All rulings on evidence, motions, and other procedural matters, including dismissal of a party, shall be subject to review by the director upon review of the report and recommendation of the hearing examiner pursuant to rule 3745-47-16 of the Administrative Code.

Replaces: Part of 3745-47-14 and 3745-47-19

Five Year Review (FYR) Dates: 10/2/2018 and 10/02/2023
Promulgated Under: 119.03
Statutory Authority: 6111.041, 6111.03, 6109.04, 3753.02, 3752.03, 3751.02, 3746.04, 3745.01, 3734.74, 3734.73, 3734.72, 3734.71, 3734.70, 3734.12, 3734.021, 3734.02, 3714.02, 3704.03
Rule Amplifies: 119.06, 3745.07, 119.09, 119.08, 119.07
Prior Effective Dates: 07/05/1973, 06/30/1981, 04/02/2012

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