LAW
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Ohio Laws and Rules
(A) Upon written request by respondent’s representative of record, the board shall issue a subpoena for purposes of hearing to compel the attendance and testimony of a witness or production of books, records, or papers.
(B) Each subpoena request shall specify the name and address of the individual to be served and the date, time, and place the individual served is to appear with respect to the production of books, records, or papers, such request shall specify the person who is to produce the documents at hearing and the documents to be produced. The board shall not be responsible for acquiring the address of any individual who respondents’ representative of record requests to be subpoenaed.
(C) Except as otherwise approved by the board or hearing examiner, a subpoena request shall be filed with the board at least thirty days in advance of the requested date of compliance. Unless a subpoena is challenged pursuant to paragraph (D) or (F) of this rule, the board shall issue each subpoena requested by respondent’s representative of record within ten business days of request.
(D) If the number of subpoenas requested by respondent’s representative of record appears to be unreasonable, the board or hearing examiner may require a showing of necessity for the subpoenas, and in the absence of such a showing, the board or hearing examiner may limit the number of subpoenas issued.
(E) Upon agreement of the parties, the board or hearing examiner may approve an alternative means of obtaining a witness’s testimony, including, but not limited to, affidavit, deposition, or testimony by telephone or other means of telecommunication.
(F) If a motion to quash is filed and a showing is made that a subpoena places an undue burden on a witness, the board or hearing examiner may approve an alternative means of obtaining a witness’s testimony, including but not limited to, affidavit, deposition, or testimony by telephone or other means of telecommunication. If no reasonable means can be used to alleviate an undue burden on a witness, the board or hearing examiner may excuse the witness from complying with the subpoena. A finding of an undue burden requires the showing of an extraordinary hardship that is more than the usual and expected inconvenience of attending a hearing. In considering whether a burden is undue, the board or hearing examiner shall consider the magnitude of the burden on the witness and the materiality of the witness’s testimony.
(G) At any point after a hearing has commenced, the board or hearing examiner may order the issuance of a subpoena to compel the attendance and testimony of a witness or production of books, records, or papers.
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 dates: 10/15/2004 and 02/09/2010