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