(A) All witnesses at any administrative hearing or during any deposition in lieu of live testimony at hearing shall testify under oath or affirmation.
(B) A witness may be accompanied and advised by legal counsel. Participation by counsel for a witness other than the respondent is limited to protection of that witness' rights, and counsel for a witness may neither examine nor cross-examine any witnesses.
(C) Should a witness refuse to answer a question ruled proper at a hearing or disobey a subpoena, the state board may institute contempt proceedings pursuant to section 119.09 of the Revised Code.
(D) The presiding hearing officer, because of his/her duties, shall not be a witness nor subject to deposition in any administrative proceeding.
(E) Unless the testimony of a state board member or a hearing officer is material to the factual allegations set forth in the notice of opportunity for hearing, state board members and hearing officers shall not be witnesses nor subject to deposition in lieu of live testimony in any adjudication proceeding. If the hearing officer or a state board member intends to serve as a witness, he/she shall recuse himself/herself from presiding over, deliberating on, or ruling on the matter. Evidence from other persons relating to the mental processes of the presiding hearing officer or state board members shall not be admissible.
(F) Any party may move for a separation of witnesses.
(G) Each party shall inform the hearing officer of the identity of each potential witness for his/her case present in the hearing room. Failure to so identify potential witnesses may be grounds for their later disqualification as witnesses.
R.C. 119.032 review dates: 03/04/2009 and 03/04/2014
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3319.31 , 3319.311
Rule Amplifies: 3319.31 , 3319.311
Prior Effective Dates: 9/25/04