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Chapter 2 - Parties and Representation

2.9 - Conduct of Parties, Representatives, and Witnesses

(a) Generally

All persons appearing in proceedings before OCAHO are expected to act with integrity and in an ethical manner.

(b) Exclusion of Parties, Witnesses, and Representatives

The ALJ may exclude from proceedings parties, witnesses, and their representatives for any of the following reasons:

  • refusal to comply with directions;
  • continued use of dilatory tactics;
  • refusal to adhere to reasonable standards of orderly and ethical conduct;
  • failure to act in good faith; or
  • violation of the prohibition against ex parte communications.

The ALJ must state on the record the cause for excluding a party, witness, or representative from a particular proceeding, and may suspend the proceeding for a reasonable time to enable a party to obtain another attorney or representative.

(c) Other Sanctions for Parties, Witnesses, and Representatives

If any person in proceedings before OCAHO engages in the behavior listed below, the ALJ may apply through counsel to the appropriate United States District Court to request any appropriate remedies. Prohibited conduct includes:

  • disobeying or resisting any lawful order or process;
  • misbehaving during a hearing, or so near the place of a hearing that the individual’s conduct disrupts the hearing;
  • neglecting to produce any document or other item after having been ordered to do so;
  • refusing to appear after having been subpoenaed;
  • upon appearing, refusing to take the oath or affirmation as a witness; or after having taken the oath or affirmation, refusing to be examined according to law.