(A) The board's secretary or the designated assignment commissioner may schedule each appeal for hearing, and written notice thereof shall be given to the parties or their counsel of record by ordinary mail.
(B) For good cause shown, hearings may be continued by the attorney examiner to whom the appeal has been assigned, by a board member, or by the board's secretary. The granting of a continuance is within the sound discretion of the board.
(C) Requests for continuances should be directed to the attorney examiner assigned the case and shall be filed, in writing, at least fourteen days prior to the scheduled hearing date, unless otherwise permitted by the board. If a continuance is requested for the reason that counsel or a witness is scheduled to appear for hearing on the same date before the board or another tribunal, a copy of the tribunal's scheduling notice should be attached to the request.
(D) A party seeking a continuance shall provide notice to, or obtain the consent of, all other parties. Any objection to a continuance must be filed, in writing, within three days of the filing of the continuance request, unless otherwise ordered by the board.
(E) As a condition to any continuance that may be granted, the board may require the parties to supply a definite date for hearing, as agreed upon by the parties and subject to the board's approval.
(F) A party may waive, in writing, its right to appear at a hearing, with the consent of the board. Where all parties have waived their right to a hearing, the board may proceed to decide the appeal upon the record.
(G) All hearings shall proceed in similar manner to a civil action, with witnesses to be sworn and subject to cross-examination.
(H) All hearings before the board shall be open to the public. Hearings may be recorded by stenographic means or by audio or video recording systems, as ordered by the board. An audio or video recording of a hearing will not be transcribed into written form unless found necessary by the board. A stenographic transcript or an audio or video recording shall be made available for examination at the board's office.
(I) Each party shall identify its witnesses to all parties and the attorney examiner at least fourteen days prior to the hearing, unless otherwise ordered by the attorney examiner. Each party shall provide copies of the documentary exhibits it plans to offer into evidence (reduced in size, if necessary) to all parties at least fourteen days prior to the hearing, unless otherwise ordered by the attorney examiner.
R.C. 119.032 review dates: 01/23/2013 and 03/01/2017
Promulgated Under: 5703.14
Statutory Authority: 5703.14
Rule Amplifies: 5703.02
Prior Effective Dates: 10/20/1977, 3/24/1989, 3/1/1996, 6/1/2002, 1/14/2005, 2/1/2009