Lawriter - OAC - 4761:1-12-09 Witnesses.

4761:1-12-09 Witnesses.

(A) All witnesses at any hearing before the board or its hearing examiner shall testify under oath or affirmation.

(B) A witness may be accompanied and advised by legal counsel. Participation by counsel for a witness other than the respondent is limited to protection of that witness' rights, and that legal counsel may neither examine nor cross-examine any witnesses.

(C) Should a witness refuse to answer a question ruled proper at a hearing or disobey a subpoena, the Ohio respiratory care board may institute contempt proceedings pursuant to section 119.09 of the Revised Code.

(D) Neither board members nor the board's appointed hearing officer or its hearing examiner, shall be a competent witness nor subject to deposition in any adjudication proceeding. Unless the testimony of a board member or its hearing examiner is material to the factual allegations set forth in the notice of opportunity for hearing, board members or its attorney hearing examiner shall not be competent witnesses nor subject to deposition in any adjudication proceeding. Evidence from other persons relating to the mental processes of the appointed hearing officer or the hearing examiner or board members shall not be admissible.

(E) Any representative of record may move for a separation of witnesses. Expert witnesses shall not be separated.

(F) Each representative of record at a hearing shall inform the board or its attorney hearing examiner prior to the commencement of a hearing of the identity of each potential witness for cause present in the hearing room. Failure to so identify potential witnesses at this time may be grounds for their later disqualification as witnesses.

(G) No witnesses shall be permitted to testify as to the nature, extent, or propriety of disciplinary action to be taken by the Ohio respiratory care board. A witness may, in the discretion of the appointed hearing officer or the hearing examiner, testify as to an ultimate issue of fact.

Effective: 12/31/2016
Five Year Review (FYR) Dates: 09/18/2015 and 12/31/2018
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(11)
Rule Amplifies: 4752.09
Prior Effective Dates: 5/23/05