3745-47-21 Adjudication hearing procedures.

(A) The hearing examiner shall admit all relevant and material evidence, except evidence that is unduly repetitious, even though inadmissible under the rules of evidence applicable to judicial proceedings. The weight to be given evidence shall be determined by its reliability and probative value. In all hearings the testimony of witnesses shall be taken orally, except as provided by these rules or by the hearing examiner. Parties shall have the right to cross-examine all witnesses.

(B) If a party objects to the admission or exclusion of any evidence, he shall state briefly the grounds for such objection. The transcript shall include any argument or debate thereon, unless the hearing examiner, with the consent of all parties, orders that such argument not be transcribed. The ruling of the hearing examiner on any objection shall be a part of the transcript. An automatic exception to that ruling will follow.

(C) A copy of each documentary exhibit filed with the hearing examiner shall be furnished to each other party. A true copy of an exhibit may, in the discretion of the hearing examiner, be substituted for the original.

(D) Whenever evidence is ruled inadmissible, the party offering such evidence may make an offer of proof, which shall be included in the transcript. The offer of proof for excluded oral testimony shall consist of a brief statement describing the nature and substance of the evidence excluded. If the evidence consists of a document or exhibit, it shall be inserted in the record in total. If the director decides that the hearing examiner’s ruling in excluding the evidence was erroneous, the hearing may be reopened to permit the taking of such evidence, or, where appropriate, the director may evaluate the evidence and proceed to a final decision.

(E) Official notice may be taken of such matters as are within the expertise of the hearing examiners. The parties shall be given adequate opportunity to show that such facts are erroneously noticed.

(F) Parties may file proposed findings and orders, conclusions of law, or briefs for consideration by the hearing examiner within fourteen days following receipt of the transcript of the adjudication hearing by the hearing clerk or such other period of time as the hearing examiner may set.

(G) After the conclusion of an adjudication hearing and prior to the filing of a report and recommendations with the hearing clerk, the hearing examiner, upon motion of a party, may permit the parties to file newly discovered documentary evidence that by due diligence could not have been discovered prior to the adjudication hearing.

(H) No interlocutory appeal of any ruling or order of the hearing examiner may be made to the director.

(I) If a public meeting is held on a proposed action, the adjudication hearing upon that proposed action may not commence until at least thirty days after the public meeting.

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