Ohio § 4715.036

§ 4715.036.

(A) As used in this section: (1) “Personal identifying information” has the same meaning as in section 2913.49 of the Revised Code . (2) “Confidential law enforcement investigatory record” has the same meaning as in section 149.43 of the Revised Code , except that it excludes information provided by an information source or witness

to whom confidentiality has been reasonably promised, which information would reasonably

tend to disclose the source's or witness's identity. (B) If the state dental board notifies an applicant, license holder, or other individual

of an opportunity for a hearing pursuant to sections 119.05 and 119.07 of the Revised Code , the board shall state in the notice that the individual is entitled to receive at

least sixty days before the hearing, on the individual's request and as described

in division (C) of this section, one copy of each item the board procures or creates

in the course of its investigation on the individual.  Such items may include, but are not limited to, the one or more complaints filed

with the board;  correspondence, reports, and statements;  deposition transcripts;

 and patient dental records. (C) On receipt of a request for copies of investigative items from an individual who

is notified under division (B) of this section of an opportunity for a hearing, the

board shall provide the copies to the individual in accordance with, and subject to,

all of the following: (1) The board shall provide the copies in a timely manner. (2) The board may charge a fee for providing the copies, but the amount of the fee shall

be set at a reasonable cost to the individual. (3) Before providing the copies, the board shall determine whether the investigative

items contain any personal identifying information regarding a complainant.  If the board determines that the investigative items contain such personal identifying

information, or any other information that would reveal the complainant's identity,

the board shall redact the information from the copies it provides to the individual. (4) The board shall not provide either of the following: (a) Any information that is subject to the attorney-client privilege or work product

doctrine, or that would reveal the investigatory processes or methods of investigation

used by the board; (b) Any information that would constitute a confidential law enforcement investigatory

record. (D) If a request for copies of investigative items is made pursuant to this section,

the board in its scheduling of a hearing for the individual shall, notwithstanding section 119.07 of the Revised Code , schedule the hearing for a date that is at least sixty-one days after the board

provides the individual with the copies of the items. (E)(1) After the board notifies an individual of an opportunity for a hearing, the individual

may ask the board to issue either or both of the following: (a) A subpoena to compel the attendance and testimony of any witness at the hearing; (b) A subpoena for the production of books, records, papers, or other tangible items. (2) On receipt of an individual's request under division (E)(1) of this section, the

board shall issue the subpoena. In the case of a subpoena for the production of books, records, papers, or other tangible

items, the person or government entity subject to the subpoena shall comply with the

subpoena at least thirty days prior to the date the individual's hearing is scheduled

to be held.