Ohio Admin. Code 3301-73-11 - Motions

(A) All motions, except as otherwise provided under this chapter or Chapter 119. of the Revised Code, unless made upon the record at the hearing, shall will be made in writing.

(B) A written motion shall state with particularity the relief or order sought, shall be accompanied by a memorandum setting forth the grounds therefore, and shall be filed in compliance with rule 3301-73-06 of the Administrative Code. A proposed entry may accompany any motion.

(C) All motions except for motions for continuance and those motions filed subsequent to the close of the administrative hearing record shall be made no later than fourteen days before the date of hearing unless express exception is granted by the hearing officer or by this chapter.

(D) All motions, together with supporting documentation, if any, shall be served by the moving party on the department, opposing party and the hearing officer.

(E) Within ten days from the date of service of a written pre-hearing motion, or such other time as is fixed by the hearing officer, a response to that motion may be filed. No reply responses shall are to be permitted.

(F) Before ruling upon a written motion, the hearing officer shall will consider all memoranda and supporting documents filed. The hearing officer shall will make a ruling on a written motion within fourteen days after the response to a motion is due. Any requests to extend the time to file the ruling must be submitted in writing to the superintendent and shall include an explanation why such extension is necessary. Such request shall will be decided by the superintendent or his/her designee. The hearing officer shall will file the a written ruling that includes a statement of the reasons for the ruling with the department. The department shall will serve copies of the ruling on the parties and/ or their counsel.

(G) The ruling on all oral motions made at hearing shall will be included in the record except where the hearing officer elects to take the motion under advisement and issue a written ruling at a later time.

Notes

Ohio Admin. Code 3301-73-11

Effective: 7/27/2023
Five Year Review (FYR) Dates: 5/12/2023 and 07/27/2028
Promulgated Under: 119.03
Statutory Authority: 3319.311, 3319.31, 3301.07
Rule Amplifies: 3319.311, 3319.31
Prior Effective Dates: 09/25/2004, 03/27/2014