Ohio Admin. Code 1509-1-22 - Substitution of parties, dismissal and withdrawal

(A) In the event of the death of the appellant or other party or for other proper cause, the commission may order the substitution of the proper parties.

(B) Failure to comply with the provisions of section 1509.36 of the Revised Code governing the filing of appeals with the commission shall be sufficient basis for dismissing an appeal.

(C) If an appellant fails to appear personally or by counsel or other authorized representative at a hearing scheduled, after being duly notified of the hearing by the certified mailing of a notice of hearing to such party's last known address, and if good cause for such failure to appear is not shown, the commission shall dismiss an appeal.

(D) The effect of a dismissal of an appeal shall be to leave in effect the order of the chief from which the dismissed appeal had been made and shall not constitute an affirmance of the chief's order by the commission.

(E) Upon notice application of an appellant , and with the concurrence of the commission , filed with the commission and served upon all other parties, an appeal may be withdrawn. The withdrawal shall be entered into the record and the appeal shall be considered closed.

Notes

Ohio Admin. Code 1509-1-22

Five Year Review (FYR) Dates: 5/8/2023 and 05/08/2028
Promulgated Under: 119.03
Statutory Authority: 119.03, 1509.35
Rule Amplifies: 1509.36
Prior Effective Dates: 06/06/1966, 05/31/1998, 06/15/2003, 09/30/2008, 06/20/2013, 02/14/2019

Effective: 2/14/2019
Five Year Review (FYR) Dates: 5/24/2018 and 05/31/2023
Promulgated Under: 119.03
Statutory Authority: 1509.35
Rule Amplifies: 1509.36
Prior Effective Dates: 06/06/1966, 05/31/1998, 06/15/2003, 09/30/2008, 06/20/2013