Ohio Administrative Code|Rule 4731-13-13 | Subpoenas for purposes of hearing.

                                                
(A) Upon written request, the board shall
		  issue subpoenas for purposes of hearing to compel the attendance and testimony
		  of witnesses and production of books, records and papers. Each subpoena shall
		  indicate on whose behalf the witness is required to testify. Copies of such
		  subpoenas shall be issued to each representative of record.
(B) For purposes of a hearing conducted
		  pursuant to Chapter 119. of the Revised Code, subpoena requests shall specify
		  the name and address of the individual to be served and the date and time at
		  which the individual is to appear. With respect to the production of books,
		  records and papers, such request shall set a compliance date in accordance with
		  the exchange deadlines established by the hearing examiner in rule
		  4731-13-18.
(C) Except upon leave of the board or its
		  hearing examiner, subpoena requests are to be filed with the board as provided
		  in rule 4731-13-08 of the Administrative Code at least twenty-one days in
		  advance of the requested date of compliance in order to allow sufficient time
		  for preparation and service of the subpoenas.
(D) In the event that the number of
		  subpoenas requested appears to be unreasonable, the board or its hearing
		  examiner may require a showing of necessity therefore and, in the absence of
		  such showing, may limit the number of subpoenas. Absent such a limitation,
		  subpoenas shall be issued within seven days of request. Failure to issue
		  subpoenas within this time may constitute sufficient grounds for the granting
		  of a continuance.
(E) After the hearing has commenced the
		  hearing examiner may order the issuance of subpoenas for purposes of hearing to
		  compel the attendance and testimony of witnesses and production of books,
		  records and papers. Copies of such subpoenas shall be issued to each
		  representative of record.
(F) Upon motion and for good cause, the
		  hearing examiner may order any subpoena be quashed. Motions to quash shall be
		  made in the manner provided in rules 4731-13-07 and 4731-13-08 of the
		  Administrative Code, except that motions to quash shall be filed at least seven
		  days prior to the date of compliance. The non-moving party may file a response
		  no later than five days after service of the motion to quash or at least one
		  day prior to the date of compliance whichever is earlier. Unless a motion to
		  quash has been granted, a witness shall attend the hearing to which he or she
		  was subpoenaed. The board shall make a reasonable attempt to contact any
		  witness whose subpoena has been quashed.
(G) Witnesses shall not be subpoenaed to
		  prehearing conferences.


Last updated August 2, 2021 at 9:27 AM