The complaints examiner shall request the agency to make available as a witness at the hearing any employee requested by the complainant when he or she determines that the testimony of the employee is necessary. The complaints examiner may also request the appearance of an employee of any state agency whose testimony he or she determines is necessary to furnish information pertinent to the complainant under consideration. The complaints examiner shall give the complainant his or her reasons for the denial of a request for the appearance of employees as witnesses and shall insert those reasons in the record of the hearing. An agency to whom a request is made must make its employees available as witnesses at a hearing on a complaint when requested to do so by the complaints examiner. Any Appointing Authority who has not allowed the employee to testify must state the reasons in writing for the hearing officer. The agency to whom request is made shall provide an explanation to the complaints examiner. If the explanation is inadequate, the complaints examiner shall insert it in the record of the hearing, provide a copy to the complainant, and make arrangements to secure testimony from the employee through a written interrogatory. An employee of an agency shall be in pay status during the time he or she is made available as a witness. The agency should be billed for expenditures involved in the hearing by the Division.
(former PL-36-22); Eff
Rule promulgated under: RC Chapter 119.
Review dates: 11/20/2001
Rule authorized by: Executive Order, 9/13/73