Ohio Administrative Code › Title 4141 - Department of Job and Family Services › Chapter 4141-28 - Labor Dispute Cases › Section 4141-28-04 - Labor dispute hearing procedure; evidence; rights of parties

Current through all regulations passed and filed through July 1, 2024
The hearing officer shall conduct hearings and other
				proceedings and take any steps consistent with the impartial discharge of his
				or her duties which appear reasonable and necessary to ascertain all relevant
				facts and to render a fair and complete decision on all issues. The proceedings
				shall be informal, and the hearing officer shall not be bound by common law or
				statutory rules of evidence or by technical or formal rules of procedure. The
				hearing officer conducting a proceeding may examine the interested parties and
				other witnesses. Each interested party and his or her representative shall have
				all rights of fair hearing, including the right of examination and
				cross-examination of witnesses, the right to present testimony and other
				evidence, the right to inspect and examine documents, files, reports and
				records received in evidence, the right to present testimony and other evidence
				in explanation and rebuttal, the right to subpoenas for witnesses and
				documentary evidence and the right to present argument.
(A) Stipulations by the parties.
Interested parties may submit stipulations or any other agreed
				statement respecting all or any part of the facts involved in the case and may
				also waive the hearing. The hearing officer conducting such proceeding shall
				require or obtain such additional evidence as may be necessary to render a fair
				and complete decision.
(B)
			 Securing witnesses and documents; special investigations.
The attendance of witnesses and the production of books, papers
				and other documents, files and records may be required by the hearing officer
				as deemed necessary to present fully and adequately any issue to be determined.
				Whenever an investigation, payroll audit or other examination is necessary to
				present fully and adequately any issue to be determined in a case, the hearing
				officer shall require or authorize that such examination, audit or
				investigation be performed and submitted in evidence.
(C) Public hearings.
All hearings under division (A) of section
				4141.283 of the Revised Code
				shall be open to the public, but the hearing officer conducting a hearing may
				close the hearing as to other than interested parties to the extent necessary
				to protect the interests and rights of the claimants or employers to a fair
				hearing.
(D) Adjournment or
			 continuance.
On his or her own motion, or upon the showing of good cause by
				an interested party, or whenever it appears that such action is necessary to
				afford the claimant or employer a reasonable opportunity for a fair hearing,
				the hearing officer may adjourn or continue a hearing to another time or
				place.
(E) Failure of party
			 to appear.
If a party in any case fails to appear personally or by
				authorized representative at the hearing scheduled and such party has been duly
				notified of the hearing, and if good cause for such failure to appear is not
				shown to the hearing officer, the hearing will be conducted as scheduled and a
				decision by the hearing officer will be issued within ten days after the
				hearing.
In the event there is a showing of good cause for failure to
				appear prior to the issuance of the decision of the hearing officer, the
				hearing may be rescheduled with due notice to all interested parties.
(F) Oral argument and briefs.
At the conclusion of any hearing, the interested parties shall
				be granted a reasonable opportunity to present argument on all issues of fact
				and law to be decided. The hearing officer to whom the case is assigned shall
				afford the interested parties an opportunity to present oral argument and may
				permit the filing of briefs. However, time provided to file briefs shall be
				limited so as to afford the hearing officer time to prepare a decision to be
				issued within ten calendar days after the conclusion of the hearing.
(G) Exhibits.
Exhibits shall be properly marked, identified and placed in the
				case folder. Those exhibits that cannot be placed in the case folder shall be
				retained by the hearing officer pending further proceedings.
Effective: 7/30/2018
Five Year
				Review (FYR) Dates: 4/24/2018 and
				09/01/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4141.13
Rule
				Amplifies: 4141.283
Prior
				Effective Dates: 05/29/1990,
				01/26/2002