Skip to main content
Back To Top Top Back To Top
This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 3301-73-16 | Witnesses.

 

(A) All witnesses at any administrative hearing or during any deposition in lieu of live testimony at hearing shall testify under oath or affirmation.

(B) A witness may be accompanied and advised by legal counsel who has been admitted to practice law in the state of Ohio. Participation by counsel for a witness other than the respondent is limited to protection of that witness' rights, and counsel for a witness may neither examine nor cross-examine any witnesses.

(C) Should a witness refuse to answer a question ruled proper at a hearing or disobey a subpoena, the state board may institute contempt proceedings pursuant to section 119.09 of the Revised Code.

(D) Neither a presiding board member nor a presiding hearing officer shall be a competent witness in any administrative proceeding or subject to deposition in lieu of live testimony. A presiding board member is a board member who has a decisive role in the outcome of the matter in question. A presiding hearing officer is the hearing officer assigned to the matter in question. Evidence or testimony from other persons relating to the mental processes of a presiding board member or presiding hearing officer shall not be admissible in any adjudication proceeding.

(E) Unless the testimony of a non-presiding state board member or a non-presiding hearing officer is material to the factual allegations set forth in the notice of opportunity for hearing, neither a non-presiding state board member and hearing officer shall be a witness or subject to deposition in lieu of live testimony in any adjudication proceeding. A non-presiding board member is a sitting or former board member who does not have a decisive role in the outcome of the matter in question due to recusal, absence or other reason. A non-presiding hearing officer is a hearing officer not assigned to the matter in question.

(F) Any party may move for a separation of witnesses. Absent exceptional circumstances, the hearing officer shall order a separation of witnesses. A separation of witnesses shall not apply to the parties or the designated representative(s) of the parties. The hearing officer shall determine whether a separation of witnesses shall apply to expert witnesses.

(G) Each party, prior to or immediately upon the start of a hearing, shall inform the hearing officer of the identity of each potential witness for his/her case present in the hearing room. A witness who remains in the hearing room during testimony after a separation of witnesses is ordered shall be disqualified by the hearing officer from testifying in the hearing.

Supplemental Information

Authorized By: 3301.07, 3319.31, 3319.311
Amplifies: 3319.31, 3319.311
Five Year Review Date: 10/11/2023
Prior Effective Dates: 9/25/2004, 5/23/2009