Ohio Gov. Bar. R. 12
A majority of the panel shall constitute a quorum. The panel chairperson shall rule on all motions and interlocutory matters. The panel chairperson shall have a transcript of the testimony taken at the hearing, and the cost of the transcript shall be paid from the Attorney Services Fund and taxed as costs.
Upon reasonable notice and at a time and location set by the panel chairperson, the panel shall hold a formal hearing. Requests for continuances may be granted by the panel chairperson for good cause. The panel may take and hear testimony in person or by deposition, administer oaths, and compel by subpoena the attendance of witnesses and the production of books, papers, documents, records, and materials.
If no answer has been filed within twenty days of the answer date set forth in the notice to respondent of the filing of the complaint, or any extension of the answer date, relator shall file a motion for default. Prior to filing, relator shall make reasonable efforts to contact respondent. A motion for default shall contain at least all of the following:
The hearing panel shall follow the Rules of Civil Procedure and Rules of Evidence wherever practicable, unless a provision of this rule or Board hearing procedures and guidelines provide otherwise. The panel chairperson shall rule on evidentiary matters. All evidence shall be taken in the presence of the hearing panel and the parties except where a party is absent, is in default, or has waived the right to be present. The hearing panel shall receive evidence by sworn testimony and may receive additional evidence as it determines proper. Any documentary evidence to be offered shall be served upon the adverse parties or their counsel and the hearing panel at least thirty days before the hearing, unless the parties or their counsel otherwise agree or the hearing panel otherwise orders. All evidence received shall be given the weight the hearing panel determines it is entitled after consideration of objections.
If at the end of evidence presented by relator or of all evidence, the hearing panel unanimously finds that the evidence is insufficient to support a charge or count of the unauthorized practice of law, or the parties agree that the charge or count should be dismissed, the panel chairperson may order that the complaint or count be dismissed. The panel chairperson shall give written notice of the action taken to the Board, the respondent, the relator, all counsel of record, disciplinary counsel, the Attorney General, and all certified unauthorized practice of law committees.
If the hearing panel is not unanimous in its finding that the evidence is insufficient to support a charge or count of the unauthorized practice of law, the panel may refer its findings of fact and recommendations for dismissal to the Board for review and action by the full Board. The panel shall submit to the Board its findings of fact and recommendation of dismissal in the same manner as provided in this rule with respect to a finding of the unauthorized practice of law pursuant to division (G) of this section.
If the hearing panel determines, by a preponderance of the evidence, that respondent has engaged in the unauthorized practice of law, the hearing panel shall file its report of the proceedings, findings of facts and recommendations with the secretary for review by the Board. The report shall include the transcript of testimony taken and an itemized statement of the actual and necessary expenses incurred in connection with the proceedings.
The Board shall review all reports submitted by hearing panels. After review, the Board may remand the matter to the hearing panel for further hearings, dismiss the complaint or find that the respondent has engaged in the unauthorized practice of law. If the complaint is dismissed, the dismissal shall be reported to the secretary, who shall notify the same persons and organizations that would have received notice if the complaint had been dismissed by the hearing panel.
If the Board determines, by a preponderance of the evidence, that the respondent has engaged in the unauthorized practice of law, the Board shall file the original final report with the Clerk of the Supreme Court. The final report shall include the Board's findings, recommendations, a transcript of testimony, if any, an itemized statement of costs, recommendation for civil penalties, if any, and a certificate of service listing the names and addresses of all parties and counsel of record. The secretary shall serve a copy of the final report upon all parties and counsel of record, and a copy of the final report, less any transcript and statement of costs, upon disciplinary counsel, the Attorney General, and all certified unauthorized practice of law committees.
Ohio. Gov. Bar. R. 12