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 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 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 be permitted.

(F) Before ruling upon a written motion, the hearing officer shall consider all memoranda and supporting documents filed. The hearing officer shall 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 be decided by the superintendent or his/her designee. The hearing officer shall file the written ruling that includes a statement of the reasons for the ruling with the department. The department shall serve copies of the ruling on the parties and their counsel.

(G) The ruling on all oral motions made at hearing shall 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.

Five Year Review (FYR) Dates: 10/11/2018 and 10/11/2023
Promulgated Under: 119.03
Statutory Authority: 3319.311, 3319.31 , 3301.07
Rule Amplifies: 3319.31 , 3319.311
Prior Effective Dates: 09/25/2004, 03/27/2014

Prior History: (Effective: 03/27/2014
R.C. 119.032 review dates: 01/07/2014 and 12/23/2018
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3319.31, 3319.311
Rule Amplifies: 3319.31, 3319.311
Prior Effective Dates: 9/25/2004)