Ohio Admin. Code 4901-1-15 - Interlocutory appeals
(A) Any party who is adversely affected
thereby may take an immediate interlocutory appeal to the commission from any
ruling issued under rule
4901-1-14 of the Administrative
Code or any oral ruling issued during a public hearing or prehearing conference
that does any of the following:
(1) Grants a
motion to compel discovery or denies a motion for a protective order.
(2) Denies a motion to intervene, terminates
a party's right to participate in a proceeding, or requires intervenors to
consolidate their examination of witnesses or presentation of
testimony.
(3) Refuses to quash a
subpoena.
(4) Requires the
production of documents or testimony over an objection based on
privilege.
(B) Except as
provided in paragraph (A) of this rule, no party may take an interlocutory
appeal from any ruling issued under rule
4901-1-14 of the Administrative
Code or any oral ruling issued during a public hearing or prehearing conference
unless the appeal is certified to the commission by the legal director, deputy
legal director, attorney examiner
ALJ , or presiding hearing officer . The legal director,
deputy legal director, attorney
examiner
ALJ , or presiding hearing
officer shall
will not certify such an appeal unless he or she finds
that the appeal presents a new or novel question of interpretation, law, or
policy, or is taken from a ruling which represents a departure from past
precedent and an immediate determination by the commission is needed to prevent
the likelihood of undue prejudice or expense to one or more of the parties,
should the commission ultimately reverse the ruling in question.
(C) Any party wishing to take an
interlocutory appeal from any ruling must file the interlocutory appeal with
the commission within five days after the ruling is issued. An extension of
time for the filing of an interlocutory appeal may be granted only under
extraordinary circumstances. The interlocutory appeal shall set forth the basis
of the appeal and citations of any authorities relied upon. A copy of the
ruling or the portion of the record that contains the ruling shall be attached
to the interlocutory appeal. If the record is unavailable, the interlocutory
appeal must set forth the date the ruling was issued and must describe the
ruling with reasonable particularity.
(D) Unless otherwise ordered by the
commission, any party may file a memorandum contra within five days after the
filing of an interlocutory appeal.
(E) Upon consideration of an interlocutory
appeal, the commission may, in its discretion either:
(1) Affirm, reverse, or modify the
ruling.
(2) Dismiss the appeal, if
the commission is of the opinion that the issues presented are moot, the party
taking the appeal lacks the requisite standing to raise the issues presented or
has failed to show prejudice as a result of the ruling in question, or the
issues presented should be deferred and raised at some later point in the
proceeding.
(F) Any
party that is adversely affected by a ruling issued under rule
4901-1-14 of the Administrative
Code or any oral ruling issued during a public hearing or prehearing conference
and that (1) elects not to take an interlocutory appeal from the ruling or (2)
files an interlocutory appeal that is not certified by the
attorney examiner
ALJ may still raise the propriety of that ruling as an
issue for the commission's consideration by discussing the matter as a distinct
issue in its initial brief or in any other appropriate filing prior to the
issuance of the commission's opinion and order or finding and order in the
case.
Notes
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4901.13, 4901.18
Prior Effective Dates: 03/01/1981, 12/25/1987, 05/07/2007, 06/15/2014
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(A) Any party who is adversely affected thereby may take an immediate interlocutory appeal to the commission from any ruling issued under rule 4901-1-14 of the Administrative Code or any oral ruling issued during a public hearing or prehearing conference that does any of the following:
(1) Grants a motion to compel discovery or denies a motion for a protective order.
(2) Denies a motion to intervene, terminates a party's right to participate in a proceeding, or requires intervenors to consolidate their examination of witnesses or presentation of testimony.
(3) Refuses to quash a subpoena.
(4) Requires the production of documents or testimony over an objection based on privilege.
(B) Except as provided in paragraph (A) of this rule, no party may take an interlocutory appeal from any ruling issued under rule 4901-1-14 of the Administrative Code or any oral ruling issued during a public hearing or prehearing conference unless the appeal is certified to the commission by the legal director, deputy legal director, attorney examiner ALJ , or presiding hearing officer. The legal director, deputy legal director, attorney examiner ALJ , or presiding hearing officer shall will not certify such an appeal unless he or she finds that the appeal presents a new or novel question of interpretation, law, or policy, or is taken from a ruling which represents a departure from past precedent and an immediate determination by the commission is needed to prevent the likelihood of undue prejudice or expense to one or more of the parties, should the commission ultimately reverse the ruling in question.
(C) Any party wishing to take an interlocutory appeal from any ruling must file the interlocutory appeal with the commission within five days after the ruling is issued. An extension of time for the filing of an interlocutory appeal may be granted only under extraordinary circumstances. The interlocutory appeal shall set forth the basis of the appeal and citations of any authorities relied upon. A copy of the ruling or the portion of the record that contains the ruling shall be attached to the interlocutory appeal. If the record is unavailable, the interlocutory appeal must set forth the date the ruling was issued and must describe the ruling with reasonable particularity.
(D) Unless otherwise ordered by the commission, any party may file a memorandum contra within five days after the filing of an interlocutory appeal.
(E) Upon consideration of an interlocutory appeal, the commission may, in its discretion either:
(1) Affirm, reverse, or modify the ruling.
(2) Dismiss the appeal, if the commission is of the opinion that the issues presented are moot, the party taking the appeal lacks the requisite standing to raise the issues presented or has failed to show prejudice as a result of the ruling in question, or the issues presented should be deferred and raised at some later point in the proceeding.
(F) Any party that is adversely affected by a ruling issued under rule 4901-1-14 of the Administrative Code or any oral ruling issued during a public hearing or prehearing conference and that (1) elects not to take an interlocutory appeal from the ruling or (2) files an interlocutory appeal that is not certified by the attorney examiner ALJ may still raise the propriety of that ruling as an issue for the commission's consideration by discussing the matter as a distinct issue in its initial brief or in any other appropriate filing prior to the issuance of the commission's opinion and order or finding and order in the case.
Notes
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4901.13, 4901.18
Prior Effective Dates: 03/01/1981, 12/25/1987, 05/07/2007, 06/15/2014