4117-1-11 Powers of individuals conducting hearings or inquiries.

(A) Individuals conducting hearings or inquiries 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 discovery;

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

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

(7) To hold conferences with the parties at any time for the settlement, simplification, or adjustment of the issues ;

(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 or a board agent or designee under this rule or any oral ruling issued by an administrative law judge or a board agent or designee during a public hearing, prehearing conference, or inquiry 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.

Cite as Ohio Admin. Code 4117-1-11

Effective: 8/6/2015
Five Year Review (FYR) Dates: 05/20/2015 and 07/27/2020
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: 3/26/84 (Emer), 6/24/84, 5/18/87, 10/25/10