Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-22 - ODJFS Practices - Release of Information and Investigations › Section 5101:9-22-10 - Issuance of a subpoena for investigation by the Ohio department of job and family services (ODJFS)

Current through all regulations passed and
			 filed through July 1, 2024
(A) ODJFS' office of legal and acquisition
			 services may in its discretion, and pursuant to section
			 5101.37
			 of the Revised Code, issue subpoenas using the JFS 05607 "Subpoena," to compel
			 the attendance of witnesses or the production of documents as necessary for
			 agency investigations, audits or hearings.
(B) To request a subpoena, the initiating
			 office shall complete all information on the JFS 05607 except for the "subpoena
			 number," certification of chief legal counsel, and "return of subpoena"
			 section. The completed JFS 05607 shall be attached to a memorandum signed by
			 the chief of the initiating office and the appropriate deputy director. This
			 memorandum shall summarize the factual basis of the investigation and shall
			 provide justification for the issuance of the subpoena including why the
			 witnesses or documents are necessary to the investigation and an explanation of
			 why the information cannot be obtained without a subpoena. The subpoena and
			 attached memorandum are forwarded to the chief
			 legal counsel or a designee for review and issuance.
(C) If the subpoena request is approved by
			 the chief legal counsel or designee, the office of legal and acquisition
			 services shall assign a subpoena number and the chief legal counsel or designee
			 shall sign, date, and seal the subpoena.
(D) The JFS 05607 shall be served by an
			 employee of the initiating office or other person appointed pursuant to section
			 5101.38 of
			 the Revised Code. After service, the authorized subpoena server shall complete
			 and sign the "return of subpoena" section of the JFS 05607, including
			 indicating whether service was made by personal service; registered mail,
			 return receipt requested; regular mail; or other method. A copy of the
			 completed JFS 05607 shall be returned to the office of legal and acquisition
			 services for inclusion in the subpoena log.
(E) The office of legal and acquisition
			 services shall maintain a subpoena log to include a copy of each subpoena
			 issued and served by ODJFS. The initiating office shall maintain all other
			 records required by division (A) of section
			 5101.37
			 of the Revised Code.
(F) Fees and
			 mileage for witnesses shall be the same as those allowed in division (A) of
			 section
			 119.094
			 of the Revised Code and shall be paid by ODJFS from the funding source for the
			 ODJFS work unit out of which the facts arose or were discovered, requiring an
			 audit, hearing or investigation. No officer or employee of a county department
			 of job and family services (CDJFS), child support enforcement agency (CSEA), or
			 public children services agency (PCSA) is entitled to witness fees or mileage
			 if the CDJFS, CSEA, or PCSA employing the witness is the subject of the
			 investigation. Employees of ODJFS are not entitled to witness fees or mileage
			 under these subpoena issuance procedures. However, ODJFS employees may be
			 eligible for mileage under regular ODJFS travel expense
			 reimbursement.