Ohio Admin. Code 5101:12-30-05

Current through all regulations passed and filed through October 28, 2024

Section 5101:12-30-05 - Administrative subpoenas

(A) Pursuant to section 5101.37 of the Revised Code:

(1) The office of child support (OCS) in the Ohio department of job and family services and each child support enforcement agency (CSEA) may make any investigations that are necessary in the performance of their duties and, to that end, they shall have the same power as a judge of a county court to administer oaths and to enforce the attendance and testimony of witnesses and the production of books and papers;

(2) OCS and the CSEA shall keep a record of their investigations. The record may include the time, place, charges or subject, witnesses summoned and examined, and its conclusions;

(3) The issuance of an administrative subpoena by OCS or a CSEA to enforce attendance and testimony of witnesses and the production of books or papers at a hearing is discretionary and the department or agency is not required to pay the fees of witnesses for attendance and travel. The fees of witnesses for attendance and travel shall be the same as in the court of common pleas; and

(4) OCS or the CSEA may request any judge of any division of the court of common pleas to compel, by a judgment for contempt or otherwise, the attendance of witnesses, the production of books or papers, and the giving of testimony.

(B) Pursuant to section 3123.43 of the Revised Code, an obligor who fails, after receiving appropriate notice, to comply with provisions of an administrative subpoena may be subject to a license suspension as specified in sections 3123.41 to 3123.63 of the Revised Code.

Ohio Admin. Code 5101:12-30-05

Five Year Review (FYR) Dates: 1/30/2023 and 01/30/2028
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03, 5101.37
Prior Effective Dates: 05/01/1992, 01/01/1998, 04/18/2003, 09/01/2005, 07/15/2007, 02/01/2013

Five Year Review (FYR) Dates: 11/6/2017 and 11/06/2022
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03, 5101.37
Prior Effective Dates: 05/01/1992, 01/01/1998, 04/18/2003, 09/01/2005, 07/15/2007, 02/01/2013