Ohio Admin. Code 3301-73-06 - Filing
(A) A certificate
of service shall
is not be required
for a filing of a request for hearing under section
119.07 of the Revised Code. A
hearing request is properly filed when it is made after the issuance of a
notice of an opportunity for hearing, made in writing by the named individual
or his or her duly authorized representative, and received
and time stamped by the department within
thirty days of the mailing of the notice of an opportunity for
hearing.
(B) Paragraphs (C) to (H)
of this rule apply after a proper request for an administrative hearing is
received by the department.
(C) A
document is "filed" when it is received and time
stamped by the department during normal
business hours
by midnight. The burden
of ensuring that the document(s) is properly and timely filed is borne by the
party filing the document(s).
(D)
An original of any document required to be filed
shall be filed with the department and service on the parties shall occur
simultaneously. A party may file a document with the department in
person, by mail, facsimile, or electronic mail. When
filing by facsimile or electronic mail, the party shall provide the department
an original document within seven calendar days of the facsimile or electronic
mail filing.
(E) All
documents shall
will contain the name, mailing address, email
address and telephone number of the party submitting it and
shall
will be
appropriately captioned to indicate the name of the party on whose behalf the
document is filed.
(F) Any document
required
necessitating
to be
served
service by a party may be served
in person, by mail, facsimile, or electronic mail. Service is complete on the
date of mailing, date of personal service, date of facsimile of the document,
or date of the electronic mail of the document.
(G) Any signed statement is an acceptable
certificate of service so long as it contains all of the following information:
(1) Date of service;
(2)
Email and
physical
Address
address where service was made;
(3) Name of the party or authority that was
served; and
(4) Method of
service.
(H) If a
document(s) is not filed in accordance with this rule, the state board or
hearing officer may, at its/ his/her discretion,
accept the document upon establishment of proof of good faith.
(I) This rule does not apply when a
respondent is perfecting an appeal under section
119.12 of the Revised
Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3319.311, 3319.31, 3301.07
Rule Amplifies: 3319.311, 3319.31
Prior Effective Dates: 09/25/2004, 05/23/2009, 03/27/2014, 01/21/2019
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