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(A) The accountancy board may investigate whether a person
has violated any provision of this chapter or rule adopted
under it before commencing a disciplinary proceeding pursuant
to section 4701.16 of the Revised
Code or taking legal action pursuant to section 4701.18 of
the Revised Code. An investigation under this section is not
subject to Chapter 119. of the Revised Code.
The Board may appoint a committee of board members or staff
employed by the board to conduct an investigation. Notwithstanding
any statute or rule to the contrary, a board member who participates
in an investigation may participate actively in any hearing
or proceeding to the same extent as a board member who did
not participate in the investigation.
(B) During an investigation, the board may administer oaths,
order the taking of depositions, issue subpoenas, compel the
attendance and testimony of a person at a deposition, and compel
the production of any form of documentary evidence or record.
Subpoenas and orders to compel under this section may be served
by a designee of the board or by certified mail, return receipt
requested, to the residence or place of business of the individual,
professional association, firm, corporation, partnership, sole
proprietorship, limited liability company, or other business
organization named in the subpoena or order.
(C)(1) Any witness who appears in response to a subpoena of
the board may request, and shall receive within a reasonable
time after making the request, the fees and mileage provided
for witnesses in civil cases in the courts of common pleas
in this state.
(2) If a person fails to comply with a subpoena or order issued
by the board under this section, the board may apply to the
Franklin county court of common pleas for an order compelling
compliance with the board's subpoena or order. Upon application
by the board and upon evidence of the person's failure to comply,
the court shall compel the appearance of the persons or the
production of the documents named in the board's subpoena or
order in accordance with the Rules of Civil Procedure. The
court also may issue any contempt citation and sanction the
court deems appropriate.
(D) The investigative proceedings of the board under this
section are not a public record under section 149.43 of the
Revised Code, are confidential, and are not subject to discovery
in any civil or administrative action or proceeding.
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