4779-11-11 Prehearing processes.

(A) Any representative of record may serve upon the opposing representative of record a written request for a list of both the witnesses and documents intended to be introduced at hearing. Except in the case of summary suspensions, within twelve days of service of the request the opposing representative of record shall supply such a list to the requesting representative. In cases of summary suspensions, the exchange of lists of both witnesses and documents intended to be introduced at hearing shall be completed forthwith, but in no event less than three days prior to the hearing. Failure to comply with this request may result in exclusion from the hearing of such testimony or documents that were the subject of the request upon motion of the representative of record to whom disclosure is refused.

(B) The hearing examiner shall, upon motion of any representative of record, issue an order setting forth:

(1) A schedule by which the parties shall exchange hearing exhibits;

(2) A schedule for identifying lay and expert witnesses; and

(3) A schedule for the exchange of written reports, if any, from expert witnesses.

(C) At any time prior to a hearing, the hearing examiner may direct participation by the representatives of record in a prehearing conference. Such conference may be initiated by the hearing examiner or upon the motion of either representative of record. All representatives of record shall participate in the prehearing conference prepared to discuss the items enumerated in this paragraph. The hearing examiner may issue a procedural order based on information obtained at a prehearing conference. A prehearing conference may be held for any of the following purposes:

(1) Identification of issues;

(2) Obtaining stipulations and admissions;

(3) Agreements limiting the number of witnesses;

(4) Discussion of documents, exhibits, and witness lists;

(5) Estimating the time necessary for the hearing; and

(6) Discussion of any other matter tending to expedite the proceedings.

(D) With or without a written motion from a representative of record, the hearing examiner may convene a status conference with representatives of record to address any matter related to preparation for the hearing or the conduct of the hearing. The hearing examiner may issue such orders related to preparation for the hearing and the conduct of the hearing which in the judgment of the hearing examiner facilitate the just and efficient disposition of the subject of the hearing.

R.C. 119.032 review dates: 12/27/2012 and 10/01/2017
Promulgated Under: 119.03
Statutory Authority: RC 4779.08
Rule Amplifies: RC 119.06, 119.09, 4779.08, 4779.28
Prior Effective Dates: 1/23/03, 1/23/08