4906-7-09 Stipulations.

 

 

 

4906-7-09                    Evidence Stipulations.

 

 

 

Any two or more parties may enter into a written or oral stipulation concerning issues of fact or the authenticity of documents.

 

(A)The administrative law judge shall admit all relevant and material evidence, except evidence that is unduly repetitious, even though inadmissible under the rules of evidence applicable to judicial proceedings.

 

(1)The weight to be given evidence shall be determined by its reliability and probative value.

 

(2)In all hearings, the testimony of witnesses shall be taken orally, except as provided by Chapters 4906-1 to 4906-15 of the Administrative Code or by the administrative law judge.

 

(B)If a party objects to the admission or rejection of any evidence, he shall state briefly the grounds for such objection.

 

(1)The transcript shall include any argument or debate thereon, unless the administrative law judge, with the consent of all parties, orders that such argument not be transcribed.

 

(2)The ruling of the administrative law judge on any objection shall be part of the transcript.

 

(3) No exceptions to a ruling shall be necessary.

 

(C)Whenever evidence is deemed inadmissible, the party offering such evidence may make an offer of proof, which shall be included in the transcript.

 

(1)The offer of proof for excluded oral testimony shall consist of a brief statement describing the nature of the evidence excluded.

 

(2)If the evidence consists of a document or exhibit, it shall be inserted in the record in total.

 

(3)In the event the board decides that the administrative law judge's ruling in excluding the evidence was erroneous, the board shall evaluate the evidence or, where appropriate, reopen the hearing to permit the taking of such evidence.

 

(D)Documentary evidence may be received at the discretion of the administrative law judge in the form of copies or excerpts, if the original is found not readily available.

 

(1)Upon request by any party, an opportunity shall be granted to compare the copy with the original, which shall be subject to production by the person offering such copies.

 

 

(2) Any documentary evidence that is admitted in the form of a copy or excerpt may be stricken at the discretion of the board or the administrative law judge upon the failure to produce the original thereof or upon finding that the interest of any party will be prejudiced substantially thereby.

(E) The board may take notice of judicially cognizable facts, including prior orders and decisions of the board.

(1) The board may take notice of generally recognized technical or scientific facts within the board's specialized knowledge and expertise.

(2) Parties shall be afforded an opportunity to contest the material so noticed.

(F) The ultimate burden of proof at hearings with respect to "Applications for Certificates" shall be upon the applicant. In jurisdictional or other matters, the burden of proof shall be upon the person requesting the hearing or board action.

(G) All reports filed by a party with the board in compliance with requirements of statutes, regulations, or certificates shall be admissible without further authentication if the custodian of such report certifies its identity in writing. Any party may prove by a preponderance of the evidence that such reports are not genuine.

(H) All reports of samples taken by staff members of the board and tested in facilities of the state shall be admissible if all persons who had custody of such samples have endorsed a record showing a chain of custody and the persons who had custody of such sample need not testify.

(1) Mailing of samples shall not be considered a break in the chain of custody.

(2) Any party may prove by a preponderance of the evidence that such report does not pertain to the sample purportedly tested.

(I) Any two or more parties may enter into a written or oral stipulation concerning issues of fact or the authenticity of documents.

(1)(A) A written stipulation must be signed by all of the parties joining therein, and must be filed with the board and served upon all parties to the proceeding.

(2)(B) An oral stipulation may be made only during a public hearing or record prehearing conference, and all parties joining in such a stipulation must acknowledge their agreement thereto on the record. The board or the administrative law judge may require that an oral stipulation be reduced to writing and filed and served in accordance with paragraph (I)(1) of this rule.

(3)(C) No stipulation shall be considered binding upon the board.

Effective:                                                     01/25/2009

R.C. 119.032 review dates:                         11/10/2008 and 11/30/2013

CERTIFIED ELECTRONICALLY

Certification

01/15/2009

Date

Promulgated Under:                           111.15

Statutory Authority:                           4906.03

Rule Amplifies:                                  4906.03, 4906.06, 4906.08, 4906.09, 4906.12

Prior Effective Dates:                         12/27/76, 7/7/80, 6/10/89, 8/28/98, 12/15/03