(A) The board may order depositions or interrogatories upon motion of any party.
(1) A motion to take depositions or interrogatories shall be filed with the board at least twenty-eight calendar days prior to a record hearing. 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 recorded as video and submitted in an appropriate format for viewing. As an alternative , 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 as video and submitted in an appropriate format for viewing and may be used in the resolution of an appeal.
R.C. 119.032 review dates: 01/07/2014 and 01/07/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03, 124.34
Prior Effective Dates: 7/1/79, 3/1/93, 3/28/98, 4/6/09