Ohio Admin. Code 4112-3-05 - Complaint and notice of hearing

(A) Issuance of complaint. If the commission determines that it is probable that any unlawful discriminatory practices have been or are being engaged in against the complainant or others, the commission shall serve upon the complainant, any aggrieved person other than the complainant on whose behalf the complaint is issued, and the respondent or their attorneys of record, if any, a complaint containing a notice of hearing. The commission may delegate authority to the director or the director's designee to issue a complaint on behalf of the commission.

(B) Contents of complaint. Any complaint issued by the commission shall contain the following:

(1) An identification of the specific unlawful discriminatory practice or practices alleged;

(2) A short and plain statement of the factual allegations showing the basis for the alleged unlawful discriminatory practice or practices;

(3) A request for relief, setting out the terms or substance of the order which would be appropriate to enter if the matters alleged in the complaint are proven to be true by reliable, probative, and substantial evidence.

(C) Contents of notice of hearing and right of election.

(1) The notice of hearing shall state the date of hearing which shall be within the county in which the alleged unlawful discriminatory practice has occurred or is occurring or in which the respondent resides or transacts business. Hearings may also be conducted and attended by means of teleconference, video conference, or any other similar electronic technology. The notice may omit the date and time of hearing with an explanation that the date and time will be set by later notice.

(2) Where the complaint alleges an unlawful discriminatory practice described in division (H) of section 4112.02 of the Revised Code, the aggrieved person and the respondent shall be provided with a notice of the right to elect to proceed with the administrative hearing process under this rule or to proceed under division (A)(2) of section 4112.055 of the Revised Code.

(D) Amendment of complaint. Rule 15(C) of the "Ohio Rules of Civil Procedure" and division (C) of section 4112.05 of the Revised Code shall govern whether an amendment relates back to the date of the filing of the earlier complaint. The amended complaint shall be served on all original parties and new parties added or substituted through the amended complaint.

(E) Joinder of parties. Any person may be joined as a party to a proceeding before the commission in accordance with the standards set forth in Rules 19 through 21 of the "Ohio Rules of Civil Procedure."

(F) Consolidation of complaints. The member(s) of the commission or administrative law judge(s) conducting the hearing may, in their discretion, consolidate two or more complaints into a single proceeding at any time prior to public hearing.

Notes

Ohio Admin. Code 4112-3-05

Effective: 9/2/2024
Five Year Review (FYR) Dates: 6/13/2024 and 09/02/2029
Promulgated Under: 119.03
Statutory Authority: 4112.04
Rule Amplifies: 4112.04, 4112.05, 4112.052
Prior Effective Dates: 11/04/1971, 11/15/1977, 12/23/1979, 07/12/1989, 10/17/2002, 10/21/2013, 10/12/2019, 04/11/2023