4761:1-12-02 Authority and duties of the board or hearing examiner.

(A) Adjudication hearings shall be conducted before the board or a hearing examiner. Adjudication hearings held before the board shall be conducted under the direction of an appointed hearing officer elected from among its members.

(B) All hearings are open to the public.

(C) In its discretion, the appointed hearing officer or hearing examiner may admit sensitive or confidential evidence into the hearing record under seal.

(D) The appointed hearing officer or hearing examiner shall conduct hearings in such a manner as to prevent unnecessary delay, maintain order, and to ensure the development of a clear and adequate record.

(E) The authority of the appointed hearing officer or hearing examiner shall include, but not be limited to, authority to:

(1) Administer oaths and affirmations, which may also be done by a notary public or by the court reporter;

(2) Order the issuance of subpoenas and subpoena 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) Prepare entries, findings, order, or reports and recommendations;

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

(8) Take such other actions as may be necessary to accomplish the purposes of paragraph (D) of this rule.

(F) The authority of the appointed hearing officer or hearing examiner shall not include authority to:

(1) Grant motions for dismissal of charges;

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

(G) The hearing examiner shall have other powers, duties, and authority as are granted by statutes or rules.

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(A)
Prior Effective Dates: 5/23/05