5717-1-15 Hearings.

(A) Appeals pending before the board will be decided upon the record developed before the lower tribunal unless new evidence has become available since the lower tribunal's proceedings and the parties request a hearing in order to present the new evidence. The board, as required by statute or at its discretion, may schedule an appeal for hearingand issue written notice thereof to the parties or their counsel of record by ordinary mail or electronic means.

(B) For good cause shown, hearings may be continued by the board. The granting of a continuance is within the sound discretion of the board.

(C) Requests for continuances shall be filed, in writing, at least twenty-one 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) Before seeking a continuance of a scheduled hearing from the board, a party shall provide notice to all other parties, and attempt to obtain their consent . The party requesting a continuance shall advise this board in its request whether any party objects to its request. 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. Absent good cause shown, no more than two continuances will be granted in any appeal.

(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. Where all parties have waived their right to a hearing, the board may proceed to decide the appeal upon the record. A party shall clearly indicate its intent to waive hearing through separate notice, served on all parties, and shall file such waiver at least three days in advance of a scheduled hearing.

(G) All hearings, except those on the small claims docket, shall proceed in similar manner to a civil action, with witnesses to be sworn and subject to cross-examination. The nature, scope, and length of examination of witnesses is within the discretion of the presiding attorney examiner or board member(s).

(H) All hearings before the board shall be open to the public. Hearings may be recorded and such recordings shall be made available for examination at the board's office.

(I) Each party shall identify its witnesses to all parties and the board consistent with the period set forth in the applicable case management schedule established in rules 5717-1-06 and 5717-1-07 of the Administrative Code, unless otherwise ordered . Each party shall provide copies of the documentary exhibits it plans to offer into evidence (reduced in size, if necessary) to all parties consistent with the period set in the applicable case management schedule, unless otherwise ordered .

Effective: 10/09/2013
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