Ohio Admin. Code 124-13-03 - Requests to make definite and certain
(A) Upon written request of the opposing
party, a party shall make definite and certain any factual allegations
contained in a "section
124.34 order," or any assertion
of removal, reduction, or suspension when no "section
124.34 order" has been filed
with this board.
(B) Requests to
make definite and certain shall specify, with particularity, what information
is sought.
(C) A party shall serve
a written response to the request to make definite and certain at least
twenty-eight calendar days prior to the first scheduled record hearing. Such
requests must be served upon the opposing party at least forty-two calendar
days prior to the first scheduled record hearing. Failure to serve a written
request to make definite and certain at least forty-two calendar days prior to
the first scheduled record hearing waives all right to move to exclude evidence
under this rule.
(D) If a party
fails, without good cause, to respond to an opposing party's request to make
definite and certain as provided in paragraphs (A), (B), and (C) of this rule,
this board may, upon motion of the opposing party, compel such response.
(E) Upon proper motion, the board
shall determine the adequacy of a party's response to a request to make
definite and certain. If a party fails to respond adequately to a request to
make definite and certain, the opposing party may move to exclude all evidence
which is the subject of the request.
(F) The board may extend the time to respond
to a written request to make definite and certain, continuing the case if
necessary.
Notes
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03, 124.34
Prior Effective Dates: 07/01/1979, 02/14/1986, 03/01/1993, 05/17/2001
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03, 124.34
Prior Effective Dates: 7/1/79, 2/14/86, 3/1/93
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