Ohio Administrative Code › Title 4723 - Ohio Board of Nursing › Chapter 4723-16 - Hearings › Section 4723-16-08 - Subpoenas for purpose of hearing

Current through all regulations passed and filed through July 1, 2024
(A) Upon written request, filed at least
			 forty-five days before the hearing date, the board
			 shall issue a subpoena for purposes of hearing to compel the attendance and
			 testimony of a witness, or production of books, records or papers, at the
			 hearing. The board, board hearing committee or hearing examiner may approve a
			 subpoena request filed less than thirty days before the hearing date only upon
			 a showing by the requestor of good cause for the short time frame.
(B) Each subpoena request shall specify the
			 name and address of the individual to be served, or the books, records or
			 papers to be produced and name and address of the person who is to appear at
			 the hearing to produce the books, records or papers. The board shall not be
			 responsible for determining the address of any individual named in a
			 subpoena.
(C) Unless a subpoena is
			 challenged as described in paragraph (E) of this rule, the board shall issue
			 each subpoena requested within fourteen days of request. Subpoenas shall be
			 directed to the sheriff of the county where the witness resides and returned in
			 the same manner as a subpoena in a criminal case, as specified in section
			 119.09 of the Revised
			 Code.
(D) Upon agreement of the
			 parties, the board, board hearing committee or hearing examiner may approve an
			 alternative means of obtaining a witness's testimony, including, but not
			 limited to, affidavit, deposition or testimony by telecommunication.
(E) Upon written motion filed according to
			 rule
			 4723-16-04 of the
			 Administrative Code, the board, board hearing committee or hearing examiner may
			 order any subpoena quashed or modified for good cause shown. Good cause may be
			 shown for reasons including but not limited to:
(1) The total number of subpoenas requested
			 by a party is unreasonable and a showing of necessity has not been
			 made;
(2) A subpoena does not
			 provide a reasonable time to comply;
(3) A subpoena requires disclosure of
			 information that is privileged or confidential under law and no exception or
			 waiver applies;
(4) A subpoena for
			 books, records or papers does not specify dates or time frames or specifies
			 dates or time frames that are unreasonable or not relevant to the incidents
			 described in the notice of opportunity for hearing; or
(5) A subpoena subjects a witness to undue
			 burden. For purposes of this rule, the board, board hearing committee or
			 hearing examiner may approve an alternative means of obtaining a witness's
			 testimony, including but not limited to, affidavit, deposition, or testimony by
			 telephone or other means of telecommunication. If no reasonable means can be
			 used to alleviate an undue burden on a witness, the board, board hearing
			 committee or hearing examiner may quash the subpoena. A finding of an undue
			 burden requires the showing of an extraordinary hardship that is more than the
			 usual and expected inconvenience of attending a hearing. In considering whether
			 a burden is undue, the board, board hearing committee or hearing examiner shall
			 consider the magnitude of the burden on the witness and the materiality of the
			 witness's testimony.