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Ohio Laws and Rules
(A) Upon written notice by the hearing examiner to all parties, the parties or their attorneys may be ordered to appear at a specified time and place for a conference, presided over by the hearing examiner, prior to or during the course of the hearing, to consider such matters as the hearing examiner shall direct, including, but not limited to:
(1) The settlement of the controversy;
(2) The specification and simplification of the issues;
(3) The disclosure of names, identities and location of witnesses together with a brief statement of what is proposed to be established by the testimony of each;
(4) The limitation of the number of and the exchange of reports of expert witnesses expected to be called by any party;
(5) Obtaining:
(a) admissions of fact;
(b) stipulations as to the admissibility into evidence of documents and other exhibits to avoid unnecessary proof;
(6) The exchange of documentary evidence to be submitted at the hearing.
All parties shall attend the prehearing conference fully prepared to discuss in detail their own positions with respect to all issues of fact and law raised in their own requests for adjudication hearing, all issues of fact and law raised by other parties on which they wish to take a position, all respects in which they desire the proposed action to be altered, and the reasons therefor.
(B) The hearing examiner may require the parties to prepare prehearing briefs prior to or subsequent to the prehearing conference covering such matters as the hearing examiner may specify.
(C) The proceedings at a prehearing conference shall be off-the-record, but the hearing examiner may prepare, or order prepared, a prehearing conference report encompassing the agreements reached and decisions made at the prehearing conference, including any admissions, stipulations, or proposals agreed to. All offers of settlement, proposals of adjustment, and proposed stipulations not agreed to shall be privileged, shall not constitute admissions, and shall not be admissible in evidence against the person making the offer or proposal.
(D) If, at a prehearing conference or at any other time prior to issuance of a final action, the parties agree to a settlement, the hearing examiner may recommend in writing to the director that the settlement terms be adopted as a final order; or the parties may prepare a suggested consent order, signed by the parties other than the agency, which may be submitted along with the file to the director for adoption after consideration of the record.
(E) The parties may meet together at such other times as they shall mutually agree for purposes of accomplishing any of the objects listed in paragraphs (A) and (D) of this rule.
(F) Upon the hearing examiner’s own motion, or upon motion of a party, the hearing examiner may order cases involving common issues of fact and law to be consolidated.
(G) For purposes of this rule, the phrase “request for adjudication hearing” includes objections under section 3745.07 of the Revised Code and motions to intervene with accomanying pleadings under rule 3745-47-15 of the Administrative Code.
(H) Amendment of adjudication hearing requests and objections may be made in the same manner as the “Ohio Rules of Civil Procedure” allow amendment of complaints. Also, if the agency issues an amended proposed action after initiation of hearing proceedings, the hearing examiner shall grant all parties a reasonable time, which, notwithstanding any other provision of Chapter 3745-47 of the Administrative Code, may be less than thirty days, to amend their adjudication hearing requests, objections, or petitions to intervene so as to raise issues relating to the amendments.
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