1513-3-10 Discovery.

(A) Parties to a proceeding may obtain discovery in preparing their case.

(B) Discovery may be obtained against any party to the proceeding, including the chief of the division of mineral resources management.

(C) Discovery shall be conducted in accordance with the procedural provisions of the “Ohio Rules of Civil Procedure.” Discovery may include oral depositions, written interrogatories to parties, inspection of premises, requests for admission, and inspection of documents.

(D) If a party or an officer, director, or other agent of a party fails to obey an order to compel or permit discovery issued by the commission, the commission may make such orders in regard to the failure as are just, including, but not limited to, the following:

(1) An order that the matters sought to be discovered or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;

(2) An order refusing to allow the disobedient party to support or oppose designated facts shall be taken to be established for the purposes of the designated matters into evidence; or

(3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or terminating the proceedings and rendering a judgment by default against the disobedient party.

Effective: 01/26/2009

R.C. 119.032 review dates: 01/27/2009 and 10/01/2013

Promulgated Under: 119.03

Statutory Authority: 1513.05

Rule Amplifies: 1513.13, 1513.131, 1514.09

Prior Effective Dates: 11/1/1984, 3/7/1986, 2/5/1999, 6/10/2004