Chapter 102-9 Hearings on Complaints

102-9-01 General hearing procedures.

(A) The commission will schedule a hearing within ninety days after the filing of a complaint unless a continuance is granted

(B) The respondent will be given the opportunity to be represented by counsel, to have counsel appointed if unable to afford counsel without undue hardship pursuant to paragraph (J) of this rule, to examine the evidence against the respondent, to produce evidence, to call and subpoena witnesses, to confront accusers, and to cross-examine witnesses.

(C) All witnesses at any hearing before the commission must testify under oath or affirmation. A witness may be accompanied and advised by legal counsel. Participation by a witness's counsel will be limited to protection of the client's rights. Counsel for a non-party witness may neither examine nor cross-examine any witness.

(D) If, upon a preponderance of the evidence considered at the hearing, the commission finds that the facts alleged in the complaint are true and constitute a violation of section 102.02 , 102.03 , 102,04, 102.07 , 2921.42 , or 2921.43 of the Revised Code, it will report Its findings to the appropriate prosecuting authority and to the appointing or employing authority of the respondent.

(E) The commission will dismiss the complaint If it does not find, based on a preponderance of the evidence, that the facts alleged in the complaint are true and constitute a violation of section 102.02 , 102.03 , 102,04, 102.07 , 2921,42, or 2921.43 of the Revised Code.

(F) If a complaint is dismissed, the commission will, upon the written request of the respondent, make a public report of its findings. In such case, all evidence and the record of the hearing will remain confidential unless the respondent requests, in writing, that the evidence and record be made available for public inspection.

(G) Except as otherwise provided in this rule, all papers, records, affidavits, and documents regarding any complaint, inquiry, or investigation relating to the proceedings of the commission will be sealed and are private and confidential except as otherwise provided in section 102.06 of the Revised Code.

(H) Stenographic record will be made of all hearings conducted under section 102.06 of the Revised Code and Chapter 102-7 of the Administrative Code.

(I) All hearings held under authority of section 102.06 of the Revised Code and Chapter 102-7 of the Administrative Code will be closed to the public.

(J) The commission may conduct any inquiry appropriate to determine whether the respondent is unable to afford counsel without undue hardship.

Replaces: 102-7-12

R.C. 119.032 review dates: 01/13/2012 and 11/29/2016
Promulgated Under: 111.15
Statutory Authority: 102.05
Rule Amplifies: 102.06
Prior Effective Dates: 2/23/76, 7/16/77, 6/8/81, 1/1/02

102-9-02 Counsel.

(A) Counsel must enter their appearances in writing

(B) A person who has entered an appearance as counsel for a party is that party's counsel of record until a written withdrawal is filed with the commission.

Replaces: 102-7-12

R.C. 119.032 review dates: 01/13/2012 and 11/29/2016
Promulgated Under: 111.15
Statutory Authority: 102.05 , 102.06
Rule Amplifies: 102.06
Prior Effective Dates: 2/23/76, 7/16/77, 6/8/81, 1/1/02

102-9-03 Discovery and depositions.

(A) A party must, within fourteen calendar days of receipt of a written request, supply a list of the witnesses and the documents that the responding party intends to introduce at the hearing.

(B) A party must, within fourteen calendar days of receipt of a written request, permit the requesting party to view and copy, at the requesting party's own expense, any evidence intended to be used against the requesting party.

(C) Lists of documents that a party requests to examine must be received by the responding party not later than twenty calendar days before the hearing.

(D) If a party fails, without good cause, to comply with paragraph (C) of this rule, the requested testimony or documents may, upon motion of the adversely affected party, be excluded from the hearing before the commission. The commission will determine whether a party has complied with paragraph (C) of this rule.

(E) The commission may continue a hearing upon its own motion or the motion of any party, for good cause shown, to permit discovery under paragraph (C) of this rule.

(F) A party may take the deposition of any witness, residing inside or outside of the state, in the same manner as prescribed by law for the taking of depositions in civil actions in a court of common pleas. The party calling the witness will be responsible for the cost of depositions.

(G) A representative's work product is not subject to discovery.

Replaces: 102-7-10

R.C. 119.032 review dates: 01/13/2012 and 11/29/2016
Promulgated Under: 111.15
Statutory Authority: 102.05
Rule Amplifies: 102.06
Prior Effective Dates: 2/23/76, 7/16/77, 6/8/81, 1/1/02

102-9-04 Motions.

(A) The commission will rule on motions, or may designate the chair or another member of the commission to rule on motions.

(B) All motions will specifically state both the relief sought by the moving party and the basis for granting such relief.

(C) All motions made prior to the hearing must be in writing. All motions and supporting documentation must be served on the opposing party or representative not less than five days prior to the hearing. The commission may waive the five-day requirement for good cause shown.

Replaces: 102-7-07

R.C. 119.032 review dates: 01/13/2012 and 11/29/2016
Promulgated Under: 111.15
Statutory Authority: 102.05
Rule Amplifies: 102.05 , 102.06
Prior Effective Dates: 6/8/81, 1/1/02

102-9-05 Continuances.

(A) The commission may continue a hearing upon its own motion or the motion of any party, for good cause shown.

(1) Requests for continuance will be in writing and addressed to the chair of the commission or the hearing officer assigned to the case in accordance with rule 102-9-09 of the Administrative Code. The request must be made not later than five calendar days prior to the scheduled date of the hearing. The commission or hearing examiner may waive the five-day requirement for good cause shown.

(2) Each party must contact all of the witnesses subpoenaed by that party and inform them of any continuance.

(B) If a continuance is granted, the commission will establish a new hearing date, and the time within which a hearing must be held shall be extended by the period of any continuance granted.

(C) Absent compelling circumstances, hearings will not be continued due to the unavailability of a subpoenaed witness. The commission may hold the record open or accept a deposition in lieu of oral testimony.

Replaces: 102-7-08

R.C. 119.032 review dates: 01/13/2012 and 11/29/2016
Promulgated Under: 111.15
Statutory Authority: 102.05 , 102.06
Rule Amplifies: 102.06
Prior Effective Dates: 6/8/81, 1/1/02

102-9-06 Briefs.

The commission may require briefs from the parties. Within its discretion, the commission may provide time limits for the filing of briefs. Upon a motion and for good cause shown, the commission may grant extension of any time for the filing of a brief. Each party shall provide a copy of the brief to each hearing examiner and the opposing party.

Replaces: 102-7-14

R.C. 119.032 review dates: 01/13/2012 and 11/29/2016
Promulgated Under: 111.15
Statutory Authority: 102.05 , 102.06
Rule Amplifies: 102.06
Prior Effective Dates: 6/8/81, 1/1/02

102-9-07 Subpoenas.

(A) The commission, or a member of the commission, may issue a subpoena to any person in the state compelling the attendance of witnesses and the production of relevant papers, books, accounts, and records.

(B) The commission will Issue subpoenas upon the written request of a party,

(C) Upon motion and for good cause shown, the commission may quash any subpoena at any time prior to the hearing.

(D) Requests for subpoenas must be received by the commission not later than seven days before the date of the hearing.

(E) Subpoenas will be served personally or by certified mail, return receipt requested, by the commission or its designee.

Replaces: 102-7-09

R.C. 119.032 review dates: 01/13/2012 and 11/29/2016
Promulgated Under: 111.15
Statutory Authority: 102.05 , 102.06
Rule Amplifies: 102.06
Prior Effective Dates: 2/23/77, 7/16/77, 6/8/81, 1/1/02

102-9-08 Evidence.

The commission may admit any relevant evidence that it determines to be reliable, probative, and substantial.

Replaces: 102-7-11

R.C. 119.032 review dates: 01/13/2012 and 11/29/2016
Promulgated Under: 111.15
Statutory Authority: 102.05 , 102.06
Rule Amplifies: 102.06
Prior Effective Dates: 6/8/81, 1/1/02

102-9-09 Hearing Examiners.

(A) The commission may establish the qualifications of, appoint, and fix the compensation of, hearing examiners pursuant to section 102.05 of the Revised Code. The commission may authorize the executive director to designate the hearing examiners.

(B) The respondent will be given the opportunity to object to the appointment of a hearing examiner, for good cause shown.

(C) Hearing examiners will have the same power and authority to conduct hearings as the commission.

(D) Within thirty days after the hearing, the hearing examiner must submit to the commission a written report, which must include, but need not be limited to:

(1) Findings of fact;

(2) Conclusions of law; and

(3) Recommendations of action to be taken by the commission.

(E) A copy of the report must be sent to the respondent, who will have twenty days from the date the report is mailed to file written objections to the findings of fact and conclusions of law in the report. The commission will review, approve, modify, or disapprove the recommendations of the hearing officer. No recommendation will become the findings of the commission until ordered by the commission. Findings of the commission have the same effect as if the hearing had been conducted by the commission.

(F) Nothing contained in this rule precludes the commission from appointing a member of the commission to serve as a hearing examiner.

R.C. 119.032 review dates: 01/13/2012 and 11/29/2016
Promulgated Under: 111.15
Statutory Authority: 102.05
Rule Amplifies: 102.05 , 102.06
Prior Effective Dates: 2/23/76, 7/19/77, 6/8/81, 1/1/02