Ohio Administrative Code › Title 4715 - State Dental Board › Chapter 4715-15 - Enforcement; Hearings › Section 4715-15-14 - Subpoenas for purposes of hearing

Current through all regulations passed and filed through July 1, 2024
(A) Upon written request of either party, the
			 board shall issue subpoenas for purposes of hearing to compel the attendance
			 and testimony of witnesses and production of books, records and papers at the
			 administrative hearing. Each subpoena shall indicate on whose behalf the
			 witness is required to testify. Copies of such subpoenas shall be
			 provided to each representative of record.
(B) For purposes of a hearing conducted
			 pursuant to Chapter 119. of the Revised Code, subpoena requests shall specify
			 the name and address of the individual to be served and the date, time and
			 location the individual is to appear at the administrative hearing. If the
			 subpoena includes a duces tecum request, the specific documents or tangible
			 things to be produced at the administrative hearing shall be listed in the
			 request.
(C) Except upon leave of
			 the board or its attorney hearing examiner, subpoena requests are to be filed
			 with the board as provided in rule
			 4715-15-09 of the
			 Administrative Code at least fourteen days in advance of the requested date of
			 compliance in order to allow sufficient time for preparation and service of the
			 subpoenas.
(D) In the event that
			 the number of subpoenas requested appears to be unreasonable, the board or its
			 attorney hearing examiner may require a showing of necessity therefore, and, in
			 the absence of such showing, may limit the number of subpoenas. Absent such a
			 limitation, subpoenas shall be issued within five days of request. Failure to
			 issue subpoenas within this time may constitute sufficient grounds for the
			 granting of a continuance.
(E)
			 After the hearing has commenced, the board or its attorney hearing examiner may
			 order the issuance of subpoenas for purposes of hearing to compel the
			 attendance and testimony of witnesses and production of books, records and
			 papers. Copies of such subpoenas shall be issued to each representative of
			 record.
(F) Upon motion and for
			 good cause, the board or its attorney hearing examiner may order any subpoena
			 be quashed. Motions to quash shall be made in the manner provided in rules
			 4715-15-08 and
			 4715-15-09 of the
			 Administrative Code, except that motions to quash shall be filed at least five
			 days prior to the date of compliance. The non-moving party may file a response
			 no later than four days after service of the motion to quash or at least one
			 day prior to the date of compliance whichever is earlier. Unless a motion to
			 quash has been granted, a witness shall attend the hearing to which he was
			 subpoenaed. The board shall make a reasonable attempt to contact any witness
			 whose subpoena has been quashed.
(G) Witnesses shall not be subpoenaed to
			 prehearing conferences.
Five Year Review (FYR) Dates:
				09/27/2016 and
				09/25/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4715.03
Rule
				Amplifies: 4715.03(D),
				4715.30, Chapter 119.
Prior Effective Dates: 11/10/2000, 04/07/2005,
				04/02/2010