4117-1-11 Powers of individuals conducting hearings.

(A) Individuals conducting hearings other than fact-finding or conciliation hearings shall have the authority to take the following actions:

(1) To administer oaths and affirmations;

(2) To receive relevant evidence and exclude irrelevant, immaterial, or unduly repetitious evidence;

(3) To question witnesses;

(4) To cause depositions to be taken and to regulate the scope and course of prehearing discovery;

(5) To regulate the time, place, and course of the hearing;

(6) To dispose of procedural requests or other similar matters;

(7) Either prior to or during the course of hearing, to hold conferences for the settlement, simplification, or adjustment of the issues by consent of the parties;

(8) To subpoena witnesses and the production of books, papers, documents, or other evidence;

(9) To exclude any person for improper conduct; and

(10) To take any other action necessary and authorized under Chapter 4117. of the Revised Code or Chapters 4117-1 to 4117-25 of the Administrative Code.

(B) No party may take an interlocutory appeal from any ruling issued by an administrative law judge under this rule or any oral ruling issued by an administrative law judge during a public hearing or prehearing conference unless the appeal presents a new or novel question of interpretation, law, or policy, or is taken from a ruling that represents a departure from past precedent or board practice, and an immediate determination by the board is needed to prevent the likelihood of undue prejudice or expense to one or more of the parties, should the board ultimately reverse the ruling in question.

(C) For fact-finding and conciliation hearings, paragraph (H) of rule 4117-9-05 and paragraph (F) of rule 4117-9-06 of the Administrative Code apply.

Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02 , 4117.07, 4117.11, 4117.12, 4117.15, 4117.16, 4117.19, 4117.23
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87