124-13-02 Depositions and interrogatories.

(A) The board may order depositions or interrogatories upon motion of any party.

(1) A motion to take depositions or interrogatories shall be filed, in writing, with the board at least fourteen calendar days prior to a record hearing. The board may continue a hearing for depositions. Absent compelling reasons, the board may grant such motions. The board may order interrogatories as an alternative to taking depositions.

(2) The cost of such deposition shall be borne by the party requesting the deposition.

(3) If a deposition is to be submitted into evidence as a testimonial deposition, the deposition must be submitted on videotape. As an alternative to videotaping the testimonial deposition, the party requesting the deposition can request the assigned administrative law judge to be present at the deposition.

(B) The board may, on its motion, order depositions taken at a time and place of its choosing. Such depositions shall be recorded on videotape and may be used in the resolution of an appeal.

R.C. 119.032 review dates: 03/01/2006 and 03/01/2011

Promulgated Under: 119.03

Statutory Authority: 124.03

Rule Amplifies: 124.03, 124.14, 124.328, 124.33, 124.34, 124.40, 124.56

Prior Effective Dates: 03/01/93, 07/01/79