Chapter 3746-9 Appeal from an Adjudication Hearing

3746-9-01 Requisites of appeals from adjudication hearings.

(A) If an adjudication hearing was conducted by the director or other statutory agency, in accordance with sections 119.09 and 119.10 of the Revised Code, the commission is confined to the record as certified to it pursuant to rule 3746-5-12 of the Administrative Code, except as provided in rule 3746-9-02 of the Administrative Code.

(B) When the appeal is from an adjudication hearing the commission shall hold a hearing as required by sections 3745.04 and 3745.05 of the Revised Code.

(C) The hearing shall be held by the commission in the form of oral arguments upon the issues raised in the notice of appeal, and any cross-appeal.

(D) In issuing the order granting a hearing on an appeal from an adjudication hearing, the commission shall state the date, time, and place of the hearing. The commission may also allocate the amount of time allowed to each party for argument. A record of the hearing shall be taken.

(E) Upon agreement of the parties, a hearing may be waived and the matter submitted to the commission for decision based on briefs, stipulations, affidavits, or such other evidence as the parties may jointly submit or the commission may order.

Effective: 08/15/2011
R.C. 119.032 review dates: 05/24/2011 and 05/24/2016
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.01 - 3745.07
Prior Effective Dates: 10/23/73, 5/24/01, 8/17/06

3746-9-02 Admission of newly discovered evidence.

(A) The commission may grant a motion for the admission of additional evidence when satisfied that such additional evidence is newly discovered and could not with reasonable diligence have been ascertained prior to the adjudication hearing before the director or other statutory agency.

(B) If the commission, in its discretion, grants a party's motion for the admission of newly discovered evidence, the commission shall state in their order granting such motion the method by which the newly discovered evidence is to be transmitted to the commission.

(C) All additional evidence shall be presented to the commission in accordance with the rules contained in Chapter 3746-7 of the Administrative Code.

R.C. 119.032 review dates: 05/24/2011 and 05/24/2016
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02 - 3745.07
Prior Effective Dates: 10/23/73, 5/24/01, 8/17/06

3746-9-03 Commission may require production of witnesses and documents.

Where the commission has granted a motion for the admission of additional evidence, the commission may exercise its power under Chapter 3746-7 of the Revised Code to require the production of witnesses and documents. Unless otherwise specified in the order, the procedures stated in Chapter 3746-7 of the Revised Code shall govern the production of witnesses and documents in an appeal from an adjudication hearing.

Replaces: 3746-9-05

R.C. 119.032 review dates: 05/24/2011 and 05/24/2016
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 374502- 3745.07
Prior Effective Dates: 10/23/73, 5/24/01, 8/17/2006

3746-9-04 Briefs relating to additional evidence. [Rescinded].

Rescinded eff 8-17-06

3746-9-05 Commission may require production of witnesses and documents. [Rescinded].

Rescinded eff 8-17-06