Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-09 - Subpoenas; witness fees

Current through all regulations passed and filed through July 1, 2024
(A)
			 Upon application of any party, a board member, or
			 the
			 administrative law judge assigned to conduct a hearing or the board may issue
			 subpoenas
			 requiring attendance and testimony of witnesses and the production of any
			 evidence, including, but not limited to, books, records, correspondence, or documents in their possession or under their
			 control. Application for subpoenas may be made ex parte. The subpoena shall
			 show on its face the name and address of the witness whose appearance is
			 requested, the time, date, and place of hearing, and the name and address of
			 the party at whose request it was issued, and the proceeding involved. A
			 subpoena duces tecum shall describe with particularity the documents sought to
			 be produced. Any person served with a subpoena who opposes compliance with it
			 may file promptly, but in no event later than the time specified for
			 compliance, a motion to quash the subpoena. The board may also issue
			 subpoenas upon its own motion. The person requesting a
			 subpoena is responsible for service of that subpoena and shall complete an
			 affidavit of service and file it with the board via
			 electronic mail.
(B) Upon
			 the failure of any person to comply with a subpoena issued by the board, a
			 board member, or an administrative law judge, the board may institute
			 proceedings in the appropriate court of common pleas for an order enforcing
			 said subpoena.
(C) Witnesses
			 subpoenaed to appear before the board, a board member, or an administrative law
			 judge shall be paid the same fees and mileage that are paid witnesses in the
			 courts of Ohio, and witnesses whose depositions are taken and the persons
			 taking the same shall severally be entitled to the same fees as are paid for
			 like services in the courts of Ohio pursuant to section
			  2335.06  of the Revised Code.
(D) Public employees shall be paid
			 witness fees only if subpoenaed to appear at a hearing that they attend during
			 time other than regularly scheduled workhours. Public employees shall be paid
			 by their employer for time they are absent from their work to attend hearings,
			 including board-directed mediations, provided the public employee was
			 subpoenaed or was a party. No employee shall be required to take leave in lieu
			 of pay for attendance. Mileage shall be paid only to persons incurring
			 unreimbursed travel expenses to attend a hearing. Neither parking costs nor
			 food and lodging are reimbursable by the board. Witness fees and mileage shall
			 be taxed as costs to the party requesting the subpoenas.
(E) Mileage and witness fees shall
			 not be paid to any witness who fails to register at the hearing for which the
			 witness was subpoenaed.
(F)
			 Parties may not subpoena themselves.
(G) In the case of fact-finding or
			 conciliation hearings, the board will issue a subpoena only upon the request of
			 the fact-finder, fact-finding panel, or the conciliator.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.11,
				 4117.12,
				 4117.14,
				 4117.16,
				 4117.23
Prior
				Effective Dates: 3/26/84, 6/24/84, 5/18/87, 1/2/05,
				10/25/10