Ohio Administrative Code › Title 1509 - Oil and Gas Commission › Chapter 1509-1 - General Provisions › Section 1509-1-20 - Conduct of evidentiary hearings

Current through all regulations passed and filed through July 1, 2024
(A) The commission shall conduct hearings and
			 other proceedings in such a manner as to render a fair and complete decision on
			 all issues which are presented, and shall take any steps consistent with the
			 impartial discharge of its duties which appear reasonable and necessary to
			 ascertain all relevant facts.
(B)
			 At an adjudication hearing, the commission shall not be bound by common law, by
			 the rules of evidence or by technical or formal rules of procedure, except as
			 articulated by rules in this chapter or otherwise determined by the
			 commission.
(C) The commission
			 shall admit into the record of the proceedings at an adjudication hearing, all
			 relevant evidence offered on the issue of whether the order under appeal is
			 lawful and reasonable.
(D) A party
			 may object to the admission of any evidence and the commission shall
			 rule upon
			 the admissibility of said evidence. If a party objects to the admission or
			 rejection of any evidence, or to other limitations of the scope of examination,
			 that party shall state briefly the grounds for such objection on the record,
			 and the record may include argument thereon, as allowed by the
			 commission.
(E) If the commission
			 refuses to admit evidence, the party offering same may make a proffer thereof,
			 and such proffer shall be made a part of the record of such
			 proceeding.
(F) All hearings shall
			 be conducted in an orderly manner.
(G) Parties shall have the right of
			 presentation of evidence, examination of witnesses, cross-examination of
			 witnesses, objection, motion and argument. All witnesses shall be sworn or
			 shall affirm the truthfulness of their testimony.
(H) Commission members may examine on record
			 the parties or witnesses to a proceeding.
(I)
								 The parties to a
			 proceeding must bring to hearing sufficient copies of each proposed exhibit, so
			 that one copy of each exhibit will be made a part of the record of the
			 proceeding and so that each commission member present at hearing will be
			 provided with a copy of each exhibit.
(J)
								 A record of the proceedings before the
			 commission shall be made by an official court reporter or by any other means
			 approved by the commission. The record shall include all of the testimony and
			 other evidence, the rulings regarding the admissibility of evidence, and any
			 arguments allowed by the commission.
(K)
								 Parties desiring copies of the transcript of a
			 hearing shall obtain such copies from the official court reporter upon payment
			 of the costs of said copies to the reporter. If the original or a copy of the
			 official transcript is in the possession of the commission, parties desiring
			 copies of the transcript may approach the commission for copies of said
			 transcript in accordance with rule 1509-1-08 of  the Administrative Code.
Five Year Review (FYR) Dates:
				11/6/2018 and
				05/31/2023
Promulgated
				Under:
				 119.03
Statutory Authority:
				 1509.35
Rule Amplifies:
				 1509.36
Prior Effective Dates: 09/30/2008,
				06/20/2013