3745-47-11. Discovery; availability of agency files

(A) Any party may obtain public records of the agency, pursuant to section 149.43 of the Revised Code and rule 3745-49-03 of the Administrative Code, and obtain discovery or protection from discovery in the same manner and to the same extent as is prescribed in the "Ohio Rules of Civil Procedure" (2011) and section 119.09 of the Revised Code.

(B) No adjudication hearing shall be continued to a date more than sixty days after initiation of the adjudication proceeding for the purpose of discovery unless the hearing examiner finds in writing that the party requesting the continuance diligently pursued discovery but was unable to complete discovery.

(C) Parties shall cooperate in conducting discovery procedures with the objective being full and complete disclosure of all relevant facts. Informal consultation among parties concerning discovery shall be attempted before filing of formal motions to compel discovery.

(D) All costs of service, mileage, witness fees, and other costs of discovery shall be borne by the party requesting such discovery. Witness and mileage fees shall be the same as paid in the common pleas courts of Ohio in criminal cases.

Replaces: Part of 3745-47-20

Five Year Review (FYR) Dates: 10/2/2018 and 10/02/2023
Promulgated Under: 119.03
Statutory Authority: 6111.041, 6111.03, 6109.04, 3753.02, 3752.03, 3751.02, 3746.04, 3745.01, 3734.74, 3734.73, 3734.72, 3734.71, 3734.70, 3734.12, 3734.021, 3734.02 , 3714.02, 3704.03
Rule Amplifies: 119.06, 3745.07, 119.09, 119.08, 119.07
Prior Effective Dates: 07/05/1973, 06/30/1981, 04/02/2012

Prior History: (Effective: 04/02/2012
R.C. 119.032 review dates: 04/02/2017
Promulgated Under: 119.03
Statutory Authority: 3704.03, 3714.02, 3734.02, 3734.021, 3734.12, 3734.70, 3734.71, 3734.72, 3734.73, 3734.74, 3745.01, 3746.04, 3751.02, 3752.03, 3753.02, 6109.04, 6111.03, 6111.041
Rule Amplifies: 119.06, 119.07, 119.08, 119.09, 3745.07
Prior Effective Dates: 7/5/73, 06/30/81 )