4723-16-05 Prehearing processes.

(A) In any case in which a hearing has been requested in accordance with Chapter 119. of the Revised Code, any representative of record may serve upon the opposing representative of record a written request for a list of witnesses and copies of documents intended to be introduced at hearing. Except in the case of summary suspensions, the opposing representative of record shall supply a list and copies to the requesting representative within a reasonable time, but in no case later than two weeks prior to the hearing. In cases of summary suspensions, the exchange of lists of witnesses and documents intended to be introduced at hearing shall be completed as soon as possible, but in no case later than three days prior to the hearing. If a representative of record fails to comply with the request, the opposing representative of record may request, and a hearing examiner may grant, a motion to exclude from the hearing the testimony and documents that were the subject of the request.

(B) Upon the motion of any representative of record, the hearing examiner shall issue a scheduling order that may include but need not be limited to:

(1) A schedule by which the parties shall exchange hearing exhibits;

(2) A schedule for identifying lay and expert witnesses; and

(3) A schedule for the exchange of written reports, if any, from expert witnesses.

(C) At any time prior to a hearing, the hearing examiner may direct participation by the representatives of record in a prehearing conference. Such conference may be initiated by the hearing examiner or upon the motion of either representative of record. A prehearing conference may be held for reasons including but not limited to:

(1) Identification of issues;

(2) Obtaining stipulations and admissions;

(3) Agreements limiting the number of witnesses;

(4) Discussion of documents, exhibits, and witness lists;

(5) Estimating the time necessary for the hearing; and

(6) Discussion of any other matter tending to expedite the proceedings.

(D) The hearing examiner may issue such orders related to preparation for the hearing and the conduct of the hearing that, in the judgment of the hearing examiner, facilitate the just and efficient disposition of the subject of the hearing.

(E) Any document that is a patient record or that contains information that is required to be kept confidential pursuant to any state or federal law may, for purposes of the administrative hearing only, be provided to a representative of record or to a witness in the proceeding, but shall not be disseminated to any other person unless all confidential or identifying information is redacted.

HISTORY: Eff 2-1-00; 2-9-05

Rule promulgated under: RC 119.03

Rule authorized by: RC 4723.07

Rule amplifies: RC 4723.28

R.C. 119.032 review date: 02/09/2010