Ohio Administrative Code
Title 3746 - Environmental Review Appeals Commission
Chapter 3746-5 - General Appellate Procedure
Section 3746-5-24 - Prehearing conference

Universal Citation: OH Admin Code 3746-5-24

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

(A) At any time prior to the commencement of the hearing, the commission may direct the parties or their counsel to participate before one or more members of the commission in a prehearing conference to consider the following:

(1) Simplification and clarification of the issues.

(2) Necessity or desirability of amending the notice of appeal.

(3) Obtaining stipulations relative to undisputed facts or the contents and authenticity of documents.

(4) Issuance of and response to subpoenas.

(5) Taking of depositions and the use of depositions in the proceeding.

(6) Agreements limiting the number of expert and other witnesses and limiting the scope of testimony.

(7) Disclosure of the names and addresses of witnesses and the exchange of documents intended to be offered into evidence.

(8) A summary of expert testimony intended to be introduced at the hearing.

(9) Any other matter that may simplify the issues or expedite the proceedings, including the avoidance of undue repetition or complication in the presentation of evidence or argument.

(B) Whenever a prehearing conference is held, the commission shall issue an order that memorializes the matters discussed, the agreements reached, and the rulings made as a result of the prehearing conference. The order is to be served on the parties and shall be filed in the record of proceedings of the commission.

Replaces: 3746-5-25

Five Year Review (FYR) Dates: 4/21/2022 and 04/21/2027
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.03, 3745.04, 3745.05, 3750.19
Prior Effective Dates: 10/23/1973, 03/09/1999, 05/27/2004, 06/21/2009, 05/30/2014, 01/01/2018

Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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