Sec. 3745.05. (A) In hearing the appeal, if an adjudication | 10 |
hearing was conducted by the director of environmental protection | 11 |
in accordance with sections 119.09 and 119.10 of the Revised
Code | 12 |
or conducted by a board of health, the environmental review | 13 |
appeals commission is
confined to the record as certified to it by | 14 |
the director or the board of health, as applicable. The commission | 15 |
may grant a request for the
admission of
additional evidence when | 16 |
satisfied that such additional evidence
is newly discovered and | 17 |
could not with reasonable diligence have
been ascertained prior to | 18 |
the hearing before the director or the board, as applicable. If no | 19 |
adjudication hearing was conducted in accordance with sections | 20 |
119.09 and 119.10 of the Revised Code or conducted by a board of | 21 |
health, the commission
shall conduct a hearing de novo on the | 22 |
appeal. | 23 |
When conducting a de novo hearing, or when a request for
the | 28 |
admission of additional evidence has been granted, the
commission | 29 |
may, and at the request of any party it shall, issue
subpoenas
for | 30 |
witnesses or for books, papers, correspondence, memoranda, | 31 |
agreements, or other documents or records relevant or material to | 32 |
the inquiry directed to the sheriff of the counties where the | 33 |
witnesses or documents or records are found, which subpoenas
shall | 34 |
be served and returned in the same manner as those allowed
by the | 35 |
court of common pleas in criminal cases. | 36 |
(C) In case of disobedience or neglect of any subpoena served | 44 |
on
any person, or the refusal of any witness to testify to any | 45 |
matter
regarding which the witness may be lawfully
interrogated, | 46 |
the
court
of common pleas of the county in which the | 47 |
disobedience,
neglect,
or refusal occurs, or any judge thereof, | 48 |
on application
of the
commission or any member thereof, may | 49 |
compel obedience by
attachment
proceedings for contempt as in the | 50 |
case of disobedience
of the
requirements of a subpoena issued | 51 |
from the court or a
refusal to
testify therein. | 52 |
(D) A witness at any hearing shall testify under oath or | 53 |
affirmation, which any member of the commission may
administer. A | 54 |
witness, if the witness requests, shall be
permitted to be | 55 |
accompanied,
represented, and advised by an attorney, whose | 56 |
participation in
the hearing shall be limited to the protection of | 57 |
the rights of
the witness, and who may not examine or | 58 |
cross-examine witnesses.
A witness shall be advised of the right | 59 |
to counsel before
the witness is interrogated. | 60 |
(E) A stenographic record of the testimony and other evidence | 61 |
submitted shall be taken by an official court shorthand reporter. | 62 |
The record shall include all of the testimony and other evidence | 63 |
and the rulings on the admissibility thereof presented at the | 64 |
hearing. The commission shall pass upon the admissibility
of | 65 |
evidence, but any party may at the time object to the admission
of | 66 |
any evidence and except to the rulings of the
commission thereon, | 67 |
and if the commission refuses
to admit evidence the party offering | 68 |
same may make a proffer thereof, and such proffer shall be made a | 69 |
part of the record of such hearing. | 70 |