Current through all regulations passed and filed through September 16, 2024
(A) Initial scheduling of the hearing.
(1) When an affected party timely requests a
hearing, the issuing state agency shall set the date, time, and place for the
hearing and notify the appellant of the scheduling. The issuing state agency
shall initially schedule the hearing not earlier than seven calendar days but
not later than fifteen days after the hearing was requested. The first
notification concerning a scheduled hearing shall be written and sent
registered mail, return receipt requested. All subsequent letters and
notices shall be sent by regular U.S. mail.
(2) Nothing in this rule shall be construed
so as to prevent the issuing state agency from postponing and rescheduling any
hearing upon its own motion or upon the motion of any appellant who can show
good cause for such a request
(3)
Nothing in this rule shall be construed from preventing the issuing state
agency and the appellant from entering into a written agreement establishing
the time, date, and place of the hearing.
(B) Joinder of individual cases.
On its own motion, or on motion of the appellant, the issuing
state agency or the hearing examiner may join any individual cases where there
exist incidents of common ownership or interest and where joinder would be
appropriate for efficient and economic fairness to the parties.
(C) Computation of time deadlines.
Section
1.14 of the Revised Code
controls the computing of time deadlines imposed by Chapter 119. of the Revised
Code.
(D) Rules of
practice in hearings conducted under this chapter.
In all hearings conducted under section
5111.914 of the Revised Code,
the following rules of practice shall be followed:
(1) The attorney general, or assistants or
special counsel designated by the attorney general, will represent
the issuing state agency. The director of the issuing state agency may
designate staff members of the issuing state agency to assist the attorney
general in the preparation and presentation of such hearings and to be present
at all times during the hearing and any pre-hearing conferences.
(2) Any individual not appearing pro se and
any corporation, partnership, association, or other entity must be represented
by an attorney admitted to the practice of law in the state
of Ohio. Individuals authorized to practice law
in any other jurisdiction may be permitted to represent an appellant in
hearings under section
5111.914 only upon order of a
court of common pleas of Franklin county. When the appellant is represented by
more than one attorney, one attorney must be designated by the appellant as
"trial counsel" and that attorney is deemed the appellant's attorney of record
and is primarily responsible for the appellant's case at the hearing. No
attorney representing an appellant is permitted to withdraw from any hearing
without prior notice being served upon the issuing state agency and prior
approval by the hearing examiner.
(E) Authority of hearing
examiners.
The issuing state agency shall assign a hearing examiner to
conduct any hearing held under authority of section
5111.914 of the Revised Code.
Any person assigned to be a hearing examiner must be admitted to the practice
of law in the state of Ohio. The hearing examiner may be an employee of the
issuing state agency or under contract to the issuing state agency. The hearing
examiner has the same powers as granted to the issuing state agency in
conducting the hearing. These powers include, but are not limited to, the
following:
(1) The general authority
to regulate the course of the hearing and to issue orders governing the conduct
of the hearing.
(2) The authority
to administer oaths or affirmations, order the production of documents and the
attendance of witnesses, call and examine witnesses in a reasonable and
impartial manner, and to determine the order in which the participants to a
hearing will present testimony and be examined in a manner consistent with
essential fairness and justice.
(3) The authority to pass upon the
admissibility of evidence, rule on objections, procedural motions, and other
procedural matters.
(4) The
authority to issue orders intended to facilitate settlement of the case,
including the scheduling of settlement conferences, directing the exchange of
offers and demands, and any other actions that may facilitate the prompt
resolution of disputed matters.
(5) The authority to hold one or more
pre-hearing conferences of the participants for the purpose of resolving issues
that can be resolved by the participants including facilitation of a
settlement, identifying the witnesses to be presented and the subject of their
testimony, discussing possible admissions or stipulations regarding the
authenticity of records, identifying and marking exhibits, and ruling on any
procedural motions of the participants, resolving outstanding discovery claims,
and clarifying the issues to be addressed at the hearing, and discussing any
other matters deemed appropriate by the hearing examiner for the thorough and
expeditious preparation and disposition of the case.
(6) The authority to take such other actions
as might be necessary to avoid unnecessary delay, prevent presentation of
irrelevant or cumulative evidence, prevent argumentative, repetitious, or
irrelevant examination or cross-examination, and to assure that the hearing
proceeds in an orderly and expeditious manner.
(7) Nothing in this rule nor in any other
rule of the Administrative Code is to be construed as granting a hearing
examiner the authority to dismiss any hearing. Nothing in this rule nor in any
other rule of the Administrative Code limits the authority of the issuing state
agency to withdraw its written notice of intended action.
(8) The hearing examiner may require the
submission of briefs and memoranda at any time during the proceeding. The
hearing examiner may limit these filings to one or more specific issues and may
prescribe procedures and time schedules for their submission. All briefs,
memoranda, motions or other pleadings are subject to the following
requirements:
(a) If any unreported court
decision is cited in any brief or memorandum, a copy of such decision is to be
attached to the brief or memorandum containing the citation.
(b) All briefs, memoranda, motions or other
pleadings must be filed with the issuing state agency. A certificate of service
is to be attached attesting both to the service of a copy of the pleading on
the opposing party and the provision of a copy to the hearing examiner.
(c) Only those pleadings, orders,
and other papers filed with the issuing state agency shall be a part of the
official record.
(d) All briefs,
memoranda, motions, or other pleadings and papers must be on
eight-and-one-half-inch by eleven-inch paper and double-spaced.
(e) All orders, reports, recommendations, and
rulings issued by the hearing examiner are to be signed, dated, and filed with
the issuing state agency.
(f) All
exhibits, or other evidence admitted into the record or proffered, shall be
filed by the hearing examiner with the issuing state agency at the conclusion
of the hearing.
(F) Withdrawal of notice of intended action.
The issuing state agency, upon its own motion, at any time
prior to the issuance of an order of adjudication, may withdraw its written
notice of intended action. Such withdrawal shall be without prejudice to the
rights of the parties. An appellant may withdraw a request for a hearing only
with the prior approval of the hearing examiner.
