Ohio Administrative Code › Title 4301:1 - Liquor Control Commission › Chapter 4301:1-1 - General Provisions › Section 4301:1-1-38 - Use of chemical analysis affidavits

Current through all regulations passed and filed through July 1, 2024
(A) In any hearing before the liquor control
			 commission, a laboratory report from the Ohio department of public safety, the
			 bureau of criminal identification and investigation, a laboratory operated by
			 another law enforcement agency, or a laboratory established by or under the
			 authority of an institution of higher education that has its main campus in
			 this state and that is accredited by the "Association of American Universities"
			 or the "North Central Association of Colleges and Secondary Schools," primarily
			 for the purpose of providing scientific services to law enforcement agencies,
			 and signed by the persons performing the analysis, stating the substance which
			 is the basis of the alleged offense has been analyzed and stating findings as
			 to the contents, identity, and other characteristics of the substance or
			 alcohol is prima facie evidence of the content, identity, other
			 characteristics, and chemical analysis of the substance. Attached to the report
			 shall be a copy of a notarized statement by the signer of the report giving the
			 name of the signer, stating that the signer is an employee of the laboratory
			 issuing the report, that performing the analysis is part of the signer's
			 regular duties, and giving an outline of the signer's education, training, and
			 experience in performing analysis of material included under this rule. The
			 signer shall attest that scientifically accepted tests were performed with due
			 caution, and that the evidence was handled in accordance with established and
			 accepted procedures while in the custody of the laboratory.
(B) The report shall not be prima facie
			 evidence of the contents, identity, or other characteristics of the substance
			 if the permit holder or the permit holder's attorney demands, in writing within
			 three days from the time of the written report is offered as evidence, the
			 testimony of the person signing the report, for good cause shown, on the basis
			 that the report is either irregular on its face or defective in its conclusion.
(C) If the permit holder or the
			 permit holder's attorney challenge the report pursuant to paragraph (B) of this
			 rule, the hearing in which the challenged report is intended to be part of the
			 record, shall be continued to a date set by the liquor control commission in
			 order that the preparer of the report can be called to testify as to his
			 findings contained therein.
(D)
			 Any permit holder or its attorney is entitled upon written request made to the
			 liquor control commission to have a portion of the substance that is the basis
			 of the alleged violation preserved for the benefit of independent analysis
			 performed by a laboratory analyst employed by the permit holder. Such portion
			 shall be a representative sample of the entire substance that is the basis of
			 the alleged violation and shall be of sufficient size, in the opinion of the
			 commission, to permit the analyst to make a thorough scientific analysis
			 concerning the identity of the substance. If the liquor control commission
			 determines that such a sample portion cannot be preserved and given to the
			 analyst, the commission shall so inform the permit holder or its attorney. In
			 such a circumstance, the permit holder or its attorney, is entitled upon
			 written request made to the liquor control commission, to have made available
			 to it the recorded data which formed the basis of the analysis of the substance
			 that is the basis of the alleged violation.
Five Year Review (FYR) Dates:
				07/20/2015 and
				07/20/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 4301.03
Rule
				Amplifies: 4301.03
Prior
				Effective Dates: 6-4-04