Chapter 4146-15 Subpoenas; Contempt; Witness and Mileage Fees

4146-15-01 Who and when to issue.

Upon the request of an interested party, or upon its own motion and within its discretion, the review commission or a hearing officer may, at any time, issue subpoenas to compel the attendance and testimony of witnesses and production of books, accounts, papers, records and documents at any hearing. If an interested party desires the issuance of subpoenas in order to compel the attendance of witnesses or the production of evidence at a scheduled hearing, the party's request should be filed with the review commission at least five calendar days in advance of the date of the hearing in order to allow sufficient time for preparation and service of the subpoenas. In the event that the number of subpoenas requested by any party appears to be unreasonable, the review commission may require a showing of necessity therefor, and, in the absence of such showing, only three subpoenas will be issued.

Five Year Review (FYR) Dates: 03/18/2015 and 03/18/2020
Promulgated Under: 119.03
Statutory Authority: 4141.06, 4141.14
Rule Amplifies: 4141.17, 4141.281
Prior Effective Dates: 08/09/2004, 10/01/1998

4146-15-02 Service of subpoenas.

Service of subpoenas may be made by regular mail, registered mail, or certified mail with return receipt requested or by personal service of an authorized agent. Proof of service shall be evidenced by the return of such receipt for registered or certified mail or by affidavit of service.

Five Year Review (FYR) Dates: 03/18/2015 and 03/18/2020
Promulgated Under: 119.03
Statutory Authority: 4141.06, 4141.14
Rule Amplifies: 4141.17, 4141.281
Prior Effective Dates: 08/09/2004, 10/01/1998

4146-15-03 Contempt proceedings.

Any individual who refuses to testify of fails to appear at any proceeding in response to a subpoena duly issued and served, or fails to produce books, records, documents, or other written evidence in the individual's possession or under the individual's control as to any matter regarding which the individual may be lawfully interrogated, shall be subject to contempt proceedings as authorized in section 4141.17 of the revised code.

Five Year Review (FYR) Dates: 03/18/2015 and 03/18/2020
Promulgated Under: 119.03
Statutory Authority: 4141.06, 4141.14
Rule Amplifies: 4141.17, 4141.281
Prior Effective Dates: 10/01/1998, 12/31/1966

4146-15-04 Who may be allowed witness fees; amount.

Witness fees shall be allowed to those witnesses who were duly subpoenaed and pursuant thereto appeared at a hearing. For each day of attendance each of such witnesses shall be allowed the amount prescribed by law in civil cases.

Five Year Review (FYR) Dates: 03/18/2015 and 03/18/2020
Promulgated Under: 119.03
Statutory Authority: 4141.06, 4141.14
Rule Amplifies: 4141.17, 4141.281
Prior Effective Dates: 10/01/1998, 12/31/1966

4146-15-05 Amount of mileage fees.

Each subpoenaed witness who verifies the witness mileage shall be allowed mileage fees at the rate of ten cents for each mile actually and necessarily traveled in order to participate in the hearing. Mileage is to be measured from the witness residence or the place where service of subpoena was made; provided, however, that no mileage shall be allowed where said travel is solely within the corporate limits of the municipality in which such hearing is held.

Five Year Review (FYR) Dates: 03/18/2015 and 03/18/2020
Promulgated Under: 119.03
Statutory Authority: 4141.06, 4141.14
Rule Amplifies: 4141.17, 4141.281
Prior Effective Dates: 10/01/1998, 12/31/1966