Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-13 - Subpoenas

Current through all regulations passed and filed through July 1, 2024
(A) Paragraphs (B)
			 to (I) of rule
			 3301-73-13 of the Administrative
			 Code apply only for purposes of an administrative hearing conducted pursuant to
			 Chapter 119. of the Revised Code.
(B) Except as provided in paragraph (I) of
			 this rule, upon written request of any party, the superintendent
			 
								will
			 issue subpoenas to compel the attendance and testimony of witnesses and
			 production of information, in whatever form maintained, or tangible objects
			 which may be or may lead to relevant evidence. Each subpoena
			 
								will
			 indicate on whose behalf the witness is required to testify and shall include
			 contact information for the requesting party and/or the attorney for the
			 requesting party. Signed subpoenas shall be mailed to the requesting party.
			 Each party shall be responsible for service of subpoenas requested.
(C) Subpoena requests shall specify the name
			 and address of the person to be served and the date, time and location at which
			 they are to appear at the administrative hearing. Subpoena requests for minors
			 shall include the name of a parent, guardian, or custodian of the minor.
If the subpoena includes a duces tecum request, the specific
				documents or tangible objects to be produced at the administrative hearing
				shall be listed in the request.
(D) Subpoena requests are to be filed with
			 the department at least fourteen days in advance of the requested date of
			 compliance and in accordance with rule
			 3301-73-06 of the Administrative
			 Code. In the event that the number of subpoenas requested appears to be
			 unreasonable, the hearing officer may therefore require a showing of necessity,
			 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
			 except for subpoena requests that fail to comply with rule
			 3301-73-06 or paragraphs (B) to
			 (I) of rule
			 3301-73-13 of the Administrative
			 Code. Failure to issue subpoenas within this time may constitute sufficient
			 grounds for the granting of a continuance.
(E) The hearing officer may request on
			 his/her own authority or at the request of a party the superintendent to issue
			 subpoenas for purposes of the hearing to compel the attendance and testimony of
			 witnesses and production of information, in whatever form maintained, or
			 tangible objects which may be or may lead to relevant evidence.
(F) Upon motion and for good cause, the
			 hearing officer may order any subpoena be quashed.
(G) Witnesses 
								will not be
			 subpoenaed to pre-hearing conferences as detailed in rule
			 3301-73-12 of the Administrative
			 Code.
(H) Respondents do not have
			 the right to request the superintendent to issue subpoenas
			 
								for the department's records that are
			 confidential under section
			 3319.311 of the Revised Code.
			 Respondents do not have the right to request the
			 superintendent to issue subpoenas to compel an employee of the department's
			 attendance at a hearing for the purpose of testifying about the department's
			 records that are confidential under section
			 3319.311 of the Revised
			 Code.
(I) Respondents do not
			 have the right to request the superintendent to issue subpoenas to compel the
			 respondent's own attendance at a hearing.