Ohio Admin. Code 3301-73-16 - Witnesses
(A) All witnesses
at any administrative hearing or during any deposition in lieu of live
testimony at hearing shall testify under oath or affirmation.
(B) A witness may be accompanied and advised
by legal counsel who has been admitted to practice law in the state of Ohio.
Participation by counsel for a witness other than the respondent is limited to
protection of that witness' rights, and counsel for a witness may neither
examine nor cross-examine any witnesses.
(C) Should a witness refuse to answer a
question ruled proper at a hearing or disobey a subpoena, the state board may
institute contempt proceedings pursuant to section
119.09 of the Revised
Code.
(D) Neither a presiding board
member nor a presiding hearing officer shall
be
is a competent witness in any
administrative proceeding or subject to deposition in lieu of live testimony. A
presiding board member is a board member who has a decisive role in the outcome
of the matter in question. A presiding hearing officer is the hearing officer
assigned to the matter in question. Evidence or testimony from other persons
relating to the mental processes of a presiding board member or presiding
hearing officer shall not be admissible in any adjudication
proceeding.
(E) Unless the
testimony of a non-presiding state board member or a non-presiding hearing
officer is material to the factual allegations set forth in the notice of
opportunity for hearing, neither a non-presiding state board member
and
nor a
non-presiding hearing officer shall
may be a witness or subject to deposition in lieu
of live testimony in any adjudication proceeding. A non-presiding board member
is a sitting or former board member who does not have a decisive role in the
outcome of the matter in question due to recusal, absence or other reason. A
non-presiding hearing officer is a hearing officer not assigned to the matter
in question.
(F) Any party may move
for a separation of witnesses. Absent exceptional circumstances, the hearing
officer shall
will order a separation of witnesses. A separation of
witnesses shall
does not apply to the parties or the designated
representative(s) of the parties. The hearing officer
shall
will
determine whether a separation of witnesses shall
will apply to
expert witnesses.
(G) Each party,
prior to or immediately upon the start of a hearing, shall inform the hearing
officer of the identity of each potential witness for his/her case present in
the hearing room. A witness who remains in
the hearing room during testimony after a
separation of witnesses is ordered shall
will be disqualified by the hearing officer from
testifying in the hearing.
Notes
Promulgated Under: 119.03
Statutory Authority: 3319.311, 3319.31, 3301.07
Rule Amplifies: 3319.311, 3319.31
Prior Effective Dates: 09/25/2004, 05/23/2009, 03/27/2014
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