Section 3 - Evidentiary hearing(A) If the Board of Bar Examiners refers a matter to an evidentiary hearing pursuant to Section 2 of this rule, the Chair of the Board shall appoint a three-member panel consisting of Board members to conduct the hearing, and the Office of Bar Admissions shall appoint an active Ohio attorney to present the alleged violations or irregularities to the panel.(B) The burden of proof in the evidentiary hearing shall be on the Office of Bar Admissions to establish by clear and convincing evidence the applicant breached the examination rules or engaged in other examination irregularity.(C) An applicant's failure to provide requested information or to cooperate in the proceedings before the panel may be grounds for disqualification of the applicant's bar examination.(D) A hearing before the panel may be waived upon agreement of the parties and the panel, and the panel may proceed with its own investigation of the allegations and base its recommendation on the results.(E) Following the evidentiary hearing, the panel shall issue a report and recommendation to the full Board.Ohio. Gov. Bar. R. app III § 3
Adopted April 4, 2020, effective 6/1/2020.