4906-2-20 Request for admission.

 

 

 

4906-2-20                    Request for admission.

 

 

 

(A)Any party may serve upon any other party a written request for the admission, for purposes of the pending proceeding only, of the truth of any specific matter within the scope of discovery set forth in rule 4906-2-14 of the Administrative Code, including the genuineness of any documents described in the request. Copies of any such documents shall be served with the request unless they are or have been otherwise furnished for inspection or copying.

 

(B)Each matter for which an admission is requested shall be separately set forth. The matter is admitted unless, within twenty days after the service of the request, or within such shorter or longer time as the board or the administrative law judge may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection, signed by the party or by his or her attorney. If an objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully make an admission or denial. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his or her answer or deny only part of the matter of which an admission is requested, the party shall specify that portion which is true and qualify or deny the remainder. An answering party may not give lack of information as a reason for failure to admit or deny a matter unless the party states that he or she has made reasonable inquiry and that information known or readily obtainable is insufficient to enable him or her to make an admission or denial. A party who considers the truth of a matter of which an admission has been requested to be a genuine issue for the hearing may not, on that basis alone, object to the request, but may deny that matter or set forth the reasons why an admission or denial cannot be made.

 

(C)Any party who has requested an admission may move for an order under rule 4906-2-22 of the Administrative Code with respect to any answer or objection. Unless it appears that an objection is justified, the board or the administrative law judge shall order that an answer be served. If an answer fails to comply with the requirements of this rule, the board or the administrative law judge may:

 

(1)Order that the matter be admitted for purposes of the pending proceeding.

 

(2) Order that an amended answer be served.

 

(3)Determine that final disposition of the matter should be deferred until a prehearing conference or some other designated time prior to the commencement of the hearing.

 

(D)Unless otherwise ordered by the board or the administrative law judge, any matter admitted under this rule is conclusively established against the party making the admission, but such admission may be rebutted by evidence offered by any other party. An admission under this rule is an admission for the purposes of the pending

 

 

 

proceeding only and may not be used for any other purposes.

Replaces:                                                              part of 4906-7-07

Effective:                                                             12/11/2015

Five Year Review (FYR) Dates:                         11/30/2020

CERTIFIED ELECTRONICALLY

Certification

11/30/2015

Date

Promulgated Under:                           111.15

Statutory Authority:                           4906.03

Rule Amplifies:                                  4903.06, 4903.082, 4906.03, 4906.12

Prior Effective Dates:                         12/27/76, 7/7/80, 6/10/89, 8/28/98, 12/15/03, 1/25/09