Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-17 - Interrogatories and response time

Current through all regulations passed and filed through July 1, 2024
(A)
								 Any party may
			 serve upon any other party written interrogatories, to be answered by the party
			 served. If the party served is a corporation, partnership, association,
			 government agency, or municipal corporation, it shall designate one or more of
			 its officers, agents, or employees to answer the interrogatories, who shall
			 furnish such information as is available to the party. Each interrogatory shall
			 be answered separately and fully, in writing and under oath, unless it is
			 objected to, in which case the reason for the objection shall be stated in lieu
			 of an answer. The answers shall be signed by the person making them, and the
			 objections shall be signed by the attorney or other person making them. The
			 party upon whom the interrogatories have been served shall serve a copy of the
			 answers or objections upon the party submitting the interrogatories and all
			 other parties within twenty days after the service thereof, or within such
			 shorter or longer time as the board or the administrative law judge may allow.
			 The party submitting the interrogatories may move for an order under rule
			 4906-2-22
			 of the Administrative Code with respect to any objection or other failure to
			 answer an interrogatory.
(B)
								 Subject to the scope of discovery set forth in rule
			 4906-2-14
			 of the Administrative Code, interrogatories may elicit facts, data, or other
			 information known or readily available to the party upon whom the
			 interrogatories are served. An interrogatory which is otherwise proper is not
			 objectionable merely because it calls for an opinion, contention, or legal
			 conclusion, but the board or the administrative law judge may direct that such
			 interrogatory need not be answered until certain designated discovery has been
			 completed, or until some other designated time. The answers to interrogatories
			 may be used to the extent permitted by the rules of evidence, but such answers
			 are not conclusive and may be rebutted or explained by other
			 evidence.
(C)
								 Where the answer to an interrogatory may be derived or
			 ascertained from public documents on file in this state, or from documents
			 which the party served with the interrogatory has furnished to the party
			 submitting the interrogatory within the preceding twelve months, it is a
			 sufficient answer to such interrogatory to specify the title of the document,
			 the location of the document or the circumstances under which it was furnished
			 to the party submitting the interrogatory, and the page or pages from which the
			 answer may be derived or ascertained.
(D)
								 Where the answer
			 to an interrogatory may be derived or ascertained from the business records of
			 the party upon whom the interrogatory has been served or from an examination,
			 audit, or inspection of such records, and the burden of deriving the answer is
			 substantially the same for the party submitting the interrogatory as for the
			 party served, it is a sufficient answer to such interrogatory to specify the
			 records from which the answer may be derived or ascertained and to afford the
			 party submitting the interrogatory a reasonable opportunity to examine, audit,
			 or inspect such records.
Replaces: part of 4906-7-07
Effective: 12/11/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4906.03
Rule
				Amplifies: 4903.06,
				4903.082,
				4906.03,
				4906.12
Prior
				Effective Dates: 12/27/76, 7/7/80, 6/10/89, 8/28/98, 12/15/03,
				1/25/09