3745-47-25 Record.

(A) After initiation of hearing proceedings, a record of the proceedings shall be maintained at the expense of the agency. Such record shall include testimony, rulings on the admissibility thereof, oral statements and oral arguments, offers of proof, stipulations, written motions, exhibits, requests, objections, answers, comments, written statements, correspondence, briefs, a copy of any draft or proposed action, copies of public notices pertaining to the proceedings, the fact sheet where the agency is required to prepare one, the report and recommendations of the hearing examiner, the record of a public meeting under rule 3745-47-12 of the Administrative Code, any comments submitted under paragraph (F) of rule 3745-47-05 of the Administrative Code, the report of the presiding officer if a public meeting was held, and written orders or rulings of the hearing examiner. The record shall also include materials included in the hearing file upon request of a party pursuant to paragraph (A)(3) of rule 3745-47-04 of the Administrative Code.

(B) The record shall be the exclusive basis for decision by the director in an adjudication hearing proceeding. After the filing of the hearing examiner’s report and recommendations, the director, upon the director’s own motion or upon motion of a party, may permit the parties to file further documentary evidence, and after granting opportunity to the opposing party for preparation, may take additional testimony or remand the matter to the hearing examiner for the taking of additional testimony. In deciding whether to permit the taking of additional testimony the director shall give consideration to harm to the public welfare or the environment that may result from delay in the hearing proceeding.

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