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Ohio Laws and Rules
(A) Except as otherwise provided in this rule, any party may obtain discovery or protection from discovery in the same manner and to the same extent as is prescribed in the “Ohio Rules of Civil Procedure”. Any party may require the production of such books, records, and papers as it desires and for that purpose the hearing examiner shall, at the request of the party, issue a subpoena or a subpoena duces tecum, as in criminal cases. No interrogatories or motions for production of documents may be served upon the agency unless accompanied by a sworn statement that the party serving the interrogatories or the motion has diligently exercised its rights under paragraph (B) of this rule and
(1) Has been denied access to or copies of material that should be, by operation of said division, available to it; or
(2) Has been unable in that fashion to obtain the requested information.
(B) The files, books, and records of the agency, other than communications with the attorney general, materials or information obtained or prepared during the pendency of litigation for use in that litigation, materials or information not available for public inspection pursuant to statute or rule, and materials or information privileged pursuant to statutory provisions relating to trade secrets, shall be made available by the agency during regular business hours for review and copying by any person, whether or not litigation is pending. The agency shall provide facilities for the inspection of all agency files and a machine or device for the copying of papers and documents for which it may charge a fee commensurate with the cost to the agency of providing such equipment. A record of the location of all files in use by state employees and removed from such facility for that purpose shall be maintained and any such state employee shall permit any person to see such file upon request.
(C) No subpoena duces tecum shall be issued to compel production of the files, books, and records of the agency for purposes of an adjudication hearing unless the hearing examiner finds that a person has been refused access to said records.
(D) No adjudication hearing shall be continued to a date more than sixty days after initiation of hearing proceedings for the purpose of discovery unless the hearing examiner finds in writing that the party requesting the continuance diligently pursued discovery but was unable to complete discovery due to the unusual complexity of the case.
(E) Parties shall cooperate in conducting discovery procedures with a view to accomplishing full and complete disclosure of all relevant facts. Informal consultation among parties concerning discovery shall be attempted before filing of formal motions to compel discovery.
(F) All costs of service, mileage, witness fees and other costs of discovery shall be borne by the party requesting such discovery. Witness and mileage fees shall be the same as paid by the common pleas courts of Ohio in criminal cases.
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