Ohio Admin. Code 4146-5-08 - Documents to be considered in telephone hearings
(A) Where an interested party has documents
or written materials for the hearing officer or review commission to consider,
a copy of the documents or materials shall be sent by electronic means,
delivered or mailed to the review commission at the address directed on the
notice as well as to all interested parties and their representatives listed on
the notice that an appeal has been transferred or notice that a request for
review has been allowed and a hearing will be held. Each document shall be
identified by a letter. Each page of a multipage document shall be numbered.
Documents shall be filed with the review commission no
later than the day prior to the hearing date.
within fourteen days of the date the notice that an appeal
has been transferred or notice that a request for review has been allowed and a
hearing will be held was sent or mailed.
(B) If documents have not been filed with the
review commission and received by all interested parties at the time of
hearing, then the documents shall not be considered by the review commission or
hearing officer unless the hearing is continued to allow the other parties to
review the document.
(C) A party
may waive the right to a continuance to see the document and may proceed with
the hearing. If a document is not relevant to the issue at the hearing, then
the review commission or hearing officer may disregard it without continuing
the hearing.
(D) Documents are
considered to be timely filed when they are received by the review commission,
and one of the following occurs:
(1) Receipt
is before the close of business on the last day of the filing period;
(2) The documents are mailed, and the
enclosing envelope bears a postmark date, as governed by the United States
postal regulations, before midnight of the last day of the filing period;
or
(3) The documents are mailed,
the postmark date is illegible or missing, and it is received no later than the
third calendar day following the last day of the filing period.
(4) The documents are sent by facsimile
device or other electronic means and the fax is received by midnight of the
last day of the filing period.
Notes
Promulgated Under: 119.03
Statutory Authority: 4141.06, 4141.14
Rule Amplifies: 4141.06, 4141.281
Prior Effective Dates: 12/31/1966, 05/01/1992, 12/06/1999, 08/17/2015
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