Current through all regulations passed and filed through September 16, 2024
(A)
Time and place of
the hearing
(1)
All hearings shall be conducted in Columbus, Ohio, during
normal business hours unless other times are authorized by the hearing
examiner. The appellant and department or county department may elect to
participate in the hearing via video conference with the hearing examiner's
consent. No telephone hearings shall be allowed.
(2)
Upon the written
request of an appellant, the director may designate the site of the hearing to
be the county seat of the county wherein the appellant resides or, alternately,
a place within fifty miles of the appellant's residence. The approval of an
alternative location is at the director's discretion. Requests for an
alternative hearing site must be filed by the appellant with the depository
agent at least forty-five calendar days before the hearing date, with service
as required by rule
5160-80-06 of the Administrative
Code.
(B)
The hearing examiner shall issue a scheduling notice
providing the time, date, and place of the hearing to the appellant and to the
appellant's authorized representative or attorney and to the department or
county department.
(1)
A copy of the scheduling notice shall be retained and
included in the hearing record.
(2)
The scheduling
notice shall be issued at least sixty calendar days prior to the date of the
hearing, unless the appellant or appellant's attorney or authorized
representative requests an expedited hearing. Expedited hearings may be granted
at the discretion of the hearing examiner.
(3)
The scheduling
notice shall:
(a)
Provide the name, address and telephone number of the
person to notify if a party or party's authorized representative or attorney
cannot attend the hearing.
(b)
Explain that the
hearing request will be dismissed with prejudice if the appellant or the
appellant's authorized representative or attorney fails, without good cause, to
appear for the hearing.
(c)
Contain a general explanation of hearing procedures and
provide other information necessary for the appellant's understanding of the
proceedings. The explanation of hearing procedures will set forth deadlines,
including the deadlines for disclosure of information as identified in
paragraph (D) of this rule.
(C)
Attendance
Attendance at the hearing is limited to
the following:
(1)
The department or county department
representative.
(2)
The appellant and authorized
representative.
(3)
Legal representation for the parties. The attorney
general, or assistant attorney general or special counsel designated by the
attorney general, shall represent the department.
(4)
Witnesses called
by the appellant and by the department or county department to present relevant
testimony, subject to the right of any party to move for separation of
witnesses.
(5)
Other persons, only if their attendance as determined
by the hearing examiner does not interfere with the orderly conduct of the
hearing.
(D)
Pre-hearing discovery is not allowed. The department or
county department shall provide the appellant and the appellant's authorized
representative or attorney no later than thirty calendar days following the
issuance of the scheduling notice with copies of any relevant, non-privileged
records it has concerning the appellant's medical billing, correspondence, and
payment history. The appellant or the appellant's authorized representative or
attorney shall provide counsel for the department or county department no later
than thirty calendar days after issuance of the scheduling notice with the
names and addresses of any third party and the attorney for the third party.
When the third party is an insurance company, the appellant or the appellant's
authorized representative or attorney shall also provide the names and
addresses of the beneficiaries of the issuance policy. Upon a showing of good
cause, or upon the hearing examiner's own initiative, this thirty day period
may be increased or decreased.
(E)
Subpoenas
(1)
The depository
agent shall issue blank subpoena forms to a party requesting a subpoena for the
purpose of compelling at the hearing testimony or the production of documents.
The party is responsible for completing the subpoena form, including the
address where the person is to be served, and returning the completed subpoena
form to the depository agent along with a written request for service and a
check for witness fees and mileage made payable to the witness. The written
request for service and the completed subpoena, along with a check for witness
fees and mileage, must be received by the department no later than thirty
calendar days before the commencement of the hearing, unless otherwise ordered
by the hearing examiner for good cause shown. At its discretion, the department
may make available an electronic version of the subpoena and may authorize
electronic submission of a completed subpoena. A party requesting issuance of a
subpoena shall serve a copy of the subpoena upon the opposing party. A party
objecting to the issuance of a subpoena may file a motion to quash setting
forth in specific detail the bases for the objection.
(2)
For hearings,
upon its own initiation or that of any party in the hearing, the department
shall issue a subpoena to any person within the state requiring the person's
attendance as a witness and/or the production of books, records or papers at
the hearing. A subpoena may be served by a sheriff, bailiff, coroner, clerk of
court, constable, or a deputy of any of the foregoing, by an attorney at law,
or by any other person designated by order of the department who is not a party
and is not less than eighteen years of age. Service of a subpoena upon a person
named therein shall be made by delivering a copy of the subpoena to the person,
by reading it to him or her in person, by leaving it at the person's usual
place of residence, or by placing a sealed envelope containing the subpoena in
the United States mail as certified or express mail return receipt requested
with instructions to the delivering postal authority to show to whom delivered,
date of delivery and address where delivered. Witness fees and mileage fees
shall be tendered without demand upon residents living outside the county in
which the hearing is being held on the day of their testimony, and upon demand
on residents living inside the county in which the hearing is being held on the
day of their testimony.
(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, the department 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.
