4779-11-08 Subpoena for purpose of hearing.

(A) Upon written request by respondent or 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 respondent or respondents' representative of record requests to be subpoenaed.

(C) Except upon leave of 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 in order to allow sufficient time for preparation and service of the subpoena.

(D) If the number of subpoenas requested by respondent or 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. Absent such limitation, the board shall issue each subpoena requested by respondent or counsel for respondent within ten business days of request.

(E) After a hearing has commenced the board or hearing examiner may order the issuance of a subpoena for purposes of hearing to compel the attendance and testimony of a witness or production of books, records, or papers.

R.C. 119.032 review dates: 12/27/2012 and 10/01/2017
Promulgated Under: 119.03
Statutory Authority: 4779.08
Rule Amplifies: 119.06 , 119.09 , 4779.08 , 4779.28
Prior Effective Dates: 01/23/03