Section 5101.37 | Investigations and hearings by department, county or child support enforcement agency.
(A) The department of job and family services or the department of children and youth and each county department of job and family services and child support enforcement agency may conduct any audits or investigations that are necessary in the performance of their duties, and to that end they shall have the same power as a judge of a county court to administer oaths and to enforce the attendance and testimony of witnesses and the production of books or papers.
The applicable department and each county department and agency shall keep a record of their audits and investigations stating the time, place, charges, or subject; witnesses summoned and examined; and their conclusions.
Witnesses shall be paid the fees and mileage provided for under section 119.094 of the Revised Code.
(B) In conducting hearings pursuant to Chapters 3119., 3121., and 3123. or pursuant to division (B) of section 5101.35 of the Revised Code, the applicable department and each child support enforcement agency have the same power as a judge of a county court to administer oaths and to enforce the attendance and testimony of witnesses and the production of books or papers. The applicable department and each agency shall keep a record of those hearings stating the time, place, charges, or subject; witnesses summoned and examined; and their conclusions.
The issuance of a subpoena by the applicable department or a child support enforcement agency to enforce attendance and testimony of witnesses and the production of books or papers at a hearing is discretionary and the applicable department or agency is not required to pay the fees of witnesses for attendance and travel.
(C) Any judge of any division of the court of common pleas, upon application of the applicable department or a county department or child support enforcement agency, may compel the attendance of witnesses, the production of books or papers, and the giving of testimony before the applicable department, county department, or agency, by a judgment for contempt or otherwise, in the same manner as in cases before those courts.
(D) Until an audit report is formally released by the applicable department, the audit report or any working paper or other document or record prepared by the applicable department and related to the audit that is the subject of the audit report is not a public record under section 149.43 of the Revised Code.
(E) The director of job and family services or director of children and youth may adopt rules as necessary to implement this section. The rules shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules.
Last updated September 28, 2023 at 9:08 AM
Available Versions of this Section
- September 29, 2011 – House Bill 153 - 129th General Assembly [ View September 29, 2011 Version ]
- January 1, 2025 – Amended by House Bill 33 - 135th General Assembly [ View January 1, 2025 Version ]