3745-47-14 Authority and duties of hearing examiners.

(A) Adjudication hearings shall be conducted before a hearing examiner except where the director determines to hear the case. All references in Chapter 3745-47 of the Administrative Code to hearing examiners shall include the director when the director performs any act that a hearing examiner may perform.

(B) Immediately upon receiving notice of initiation of hearing proceedings from the hearing clerk, the chief hearing examiner shall assign a hearing examiner to the case.

(C) The hearing examiner shall conduct hearings in such a manner as to prevent unnecessary delay, maintain order, and ensure the development of a clear and adequate record.

(D) The authority of the hearing examiner shall include, but not be limited to, authority to:

(1) Administer oaths and affirmations;

(2) Issue subpoenas and subpoenas duces tecum to require the attendance of witnesses at hearings and depositions;

(3) Compel all parties to state their positions in writing with respect to the controversy;

(4) Examine witnesses and direct witnesses to testify;

(5) Make rulings on the admissibility of evidence;

(6) Make rulings on procedural motions, whether such motions are oral or written;

(7) Hold conferences to discuss settlement or for the simplification of issues pursuant to rule 3745-47-19 of the Administrative Code;

(8) Request the parties or their attorneys to file suggested findings, orders, conclusions of law and briefs before or following the hearing and within such time limits as the hearing examiner may determine;

(9) Request any party or counsel to prepare entries, findings, or orders;

(10) Dismiss a party for failure to comply with Chapter 3745-47 of the Administrative Code or with any order that the hearing examiner is authorized to issue, or for failure to appear at an adjudication hearing or prehearing conference.

(11) Take such other action as may be necessary to accomplish the purposes of paragraph (C) of this rule.

(E) The hearing examiner shall have such other powers, duties, and authority as are granted by statute or rules.

(F) All rulings on evidence and motions and on any other procedural matters, including dismissal of a party, shall be subject to review by the director upon review of the report of the hearing examiner pursuant to rule 3745-47-26 of the Administrative Code.

HISTORY: Eff 7-5-73; 6-30-81

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC Chapter 119., Chapter 3745.

119.032 Review Date: 5-25-03