3745-47-30 Rules of ethics.

(A) No party to an adjudication proceeding shall engage in or encourage other persons to engage in ex parte communications with the director, the assistant director, the deputy directors, or the hearing examiner about any matter in issue in such proceeding. The director, the assistant director, the deputy directors, and the hearing examiner shall not entertain such communications. The director, the assistant director, the deputy directors, and the hearing examiner may participate in prehearing conferences or any other discussions in which all the parties have a right to participate.

(B) All communications prohibited by paragraph (A) of this rule shall be reported immediately to the hearing examiner, who shall place the communication or a memorandum thereof in public files associated with the case, but separate from the record material upon which the agency will rely in reaching a decision. The hearing examiner shall take such additional action as the hearing examiner deems advisable, which may include recommending entry of a default on the part of the party guilty of the malfeasance.

(C) A hearing examiner shall at any time disqualify himself if for any reason he may not be able to preside in a fair and impartial manner and render an impartial report to the director, or if he receives or has during the previous two years, received ten per cent or more of his gross personal income for a calendar year, including retirement benefits, consultant fees, and stock dividends. (except that income from the state or from diversified investments where he does not know the identity of the primary sources of income shall not be included as contributing toward such percentage), from a party or any subsidiary or owner thereof. To disqualify himself, a hearing examiner shall file an affidavit stating the reason for disqualification.

(D) Hearing examiners shall behave in the manner prescribed for judges generally in the “Code of Judical Ethics” of the supreme court of Ohio, which code is hereby expressly incorporated by reference.

(E) It shall not be deemed a violation of this rule if the director, in the performance of duties and functions other than decision-making in adjudication proceedings, gathers information or expresses opinions on matters of fact or law that are also at issue in an adjudication 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