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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 1509-1-20 | Conduct of evidentiary hearings.


(A) The commission shall conduct hearings and other proceedings in such a manner as to render a fair and complete decision on all issues which are presented, and shall take any steps consistent with the impartial discharge of its duties which appear reasonable and necessary to ascertain all relevant facts.

(B) At an adjudication hearing, the commission shall not be bound by common law, by the rules of evidence or by technical or formal rules of procedure, except as articulated by rules in this chapter or otherwise determined by the commission.

(C) The commission shall admit into the record of the proceedings at an adjudication hearing, all relevant evidence offered on the issue of whether the order under appeal is lawful and reasonable.

(D) A party may object to the admission of any evidence and the commission shall rule upon the admissibility of said evidence. If a party objects to the admission or rejection of any evidence, or to other limitations of the scope of examination, that party shall state briefly the grounds for such objection on the record, and the record may include argument thereon, as allowed by the commission.

(E) If the commission refuses to admit evidence, the party offering same may make a proffer thereof, and such proffer shall be made a part of the record of such proceeding.

(F) All hearings shall be conducted in an orderly manner.

(G) Parties shall have the right of presentation of evidence, examination of witnesses, cross-examination of witnesses, objection, motion and argument. All witnesses shall be sworn or shall affirm the truthfulness of their testimony.

(H) Commission members may examine on record the parties or witnesses to a proceeding.

(I) The parties to a proceeding must bring to hearing sufficient copies of each proposed exhibit, so that one copy of each exhibit will be made a part of the record of the proceeding and so that each commission member present at hearing will be provided with a copy of each exhibit.

(J) A record of the proceedings before the commission shall be made by an official court reporter or by any other means approved by the commission. The record shall include all of the testimony and other evidence, the rulings regarding the admissibility of evidence, and any arguments allowed by the commission.

(K) Parties desiring copies of the transcript of a hearing shall obtain such copies from the official court reporter upon payment of the costs of said copies to the reporter. If the original or a copy of the official transcript is in the possession of the commission, parties desiring copies of the transcript may approach the commission for copies of said transcript in accordance with rule 1509-1-08 of the Administrative Code.

Supplemental Information

Authorized By: 1509.35
Amplifies: 1509.36
Five Year Review Date: 5/31/2023
Prior Effective Dates: 9/30/2008