(A) Upon written request of any party or by action of the board through a member, the secretary or its attorney examiners, subpoenas may be issued to compel the attendance of witnesses and the production of books, accounts, papers, records, documents, and testimony. If any party desires the issuance of subpoenas in order to compel the attendance of witnesses or the production of documents at a scheduled merit or motion hearing or deposition, the request shall be submitted to the board. Parties should not seek the issuance of subpoenas to non-parties to the appeal who are located outside the state of Ohio. If issued, such subpoenas will be subject to quash upon request.
(B) Upon request, the board shall make available blank subpoena forms to the requesting party so that the party may complete the form. The requesting party shall send one completed form to the board, along with a self-addressed stamped envelope. If the board issues the subpoena, the subpoena shall be delivered to the requesting party, who shall effect its service.
(C) Subpoenas shall be served by the party or other individual over the age of eighteen years, personally or by certified mail, return receipt requested.
(D) The party or other person serving the subpoena shall submit proof of service of the subpoena, at or prior to the time of the hearing for which the subpoena was issued.
(E) Witnesses shall receive their subpoenas at least twenty-one days prior to the hearing or deposition at which they are to appear.
(F) All subpoenas issued by this board are deemed continuing, should the hearing or deposition for which they have been issued proceed for multiple days or be continued to a later date. The party issuing a subpoena shall notify any subpoenaed witness(es) of any continuance of the board proceedings at which they were scheduled to appear.
Five Year Review (FYR) Dates: 01/19/2021
Promulgated Under: 111.15
Statutory Authority: 5703.02
Rule Amplifies: 5703.02
Prior Effective Dates: 10/20/1977, 3/24/1989, 5/17/90, 3/1/1996, 1/14/05, 10/9/13