4759-8-04 Authority and duties of attorney hearing examiners.

(A) Adjudication hearings may be conducted before the board or an attorney hearing examiner pursuant to sections 4759.07 and 4759.09 of the Revised Code. All attorney hearing examiners shall perform their duties in accordance with a current contract with the board.

(B) All hearings shall be open to the public, but the hearing examiner or presiding board member conducting a hearing may close the hearing to the extent necessary to protect compelling interests and rights or to comply with statutory requirements. In the event the hearing is closed, the hearing examiner or presiding board member shall state the reasons therefore in the public record.

(C) Hearings shall be conducted in such a manner as to prevent unnecessary delay, maintain order, and ensure the development of a clear and adequate record.

(D) The authority of the attorney hearing examiner or presiding board member shall include, but not be limited to, authority to:

(1) Administer oaths and affirmations;

(2) Order issuance of subpoenas and subpoenas duces tecum to require the attendance of witnesses at hearings and depositions and to require the production of evidence for hearings and depositions;

(3) Examine witnesses and direct witnesses to testify;

(4) Make rulings on the admissibility of evidence;

(5) Make rulings on procedural motions, whether such motions are oral or written;

(6) Hold prehearing and status conferences pursuant to rules 4759-8-17 and 4759-8-18 of the Administrative Code;

(7) Request briefs before, during or following the hearing, as well as suggested findings, orders, and conclusions of law within such time limits as the attorney hearing examiner or presiding board member may determine;

(8) Prepare entries, findings, orders, or reports and recommendations pursuant to rule 4749-8-15 of the Administrative Code;

(9) Request preparation of entries, findings, or orders;

(10) Make rulings on requests to broadcast, record, televise or photograph the hearing;

(11) Take such other actions as may be necessary to accomplish the purposes of paragraph (C) of this rule;

(12) Determine the order in which any hearing shall proceed.

(E) The authority of the attorney hearing examiner or presiding board member shall not include authority to:

(1) Grant motions for dismissal of charges;

(2) Modify, compromise, or settle charges or allegations.

(F) The attorney hearing examiner or presiding board member shall have such other powers, duties, and authority as are granted by statutes or rules.

(G) If the hearing is held before an attorney hearing examiner, all rulings on evidence and motions and on any other procedural matters shall be subject to review by the board upon presentation of the proposed findings of facts and conclusions of law. When such rulings warrant, the matter may be remanded to the attorney hearing examiner.

Cite as Ohio Admin. Code 4759-8-04

R.C. 119.032 review dates: 12/20/2012 and 12/20/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 119, 4759.09, 4759.07(A)(1)
Prior Effective Dates: 03/15/03