4906-2-27 Motions.

 

 

 

4906-2-27                    Motions.

 

 

 

(A)All motions, unless made at a public hearing or transcribed prehearing conference, or unless otherwise ordered for good cause shown, shall be in writing and shall be accompanied by a memorandum in support. The memorandum in support shall contain a brief statement of the grounds for the motion and citations of any authorities relied upon.

 

(B)Except as otherwise provided in paragraphs (C) and (F) of this rule:

 

(1)Any party may file a memorandum contra within fifteen days after the service of a motion, or such other period as the board or the administrative law judge requires.

 

(2)Any party may file a reply memorandum within seven days after the service of a memorandum contra, or such other period as the board or the administrative law judge requires.

 

(C)Any motion may include a specific request for an expedited ruling. The grounds for such a request shall be set forth in the memorandum in support. If the motion requests an extension of time to file pleadings or other papers of five days or less, an immediate ruling may be issued without the filing of memoranda. In all other cases, the party requesting an expedited ruling must first contact all other parties to determine whether any party objects to the issuance of such a ruling without the filing of memoranda. If the moving party certifies that no party objects to the issuance of such a ruling, an immediate ruling may be issued. If any party objects to the issuance of such a ruling, or if the moving party fails to certify that no party has any objections, any party may file a memorandum contra within seven days after the service of the motion, or such other period as the board or the administrative law judge requires. No reply memoranda shall be filed in such cases unless specifically requested by the board or the administrative law judge.

 

(D)All written motions and memoranda shall be filed with the board and served upon all parties in accordance with rules 4906-2-02 and 4906-2-05 of the Administrative Code.

 

(E)For purposes of this rule, the term "party" includes all persons who have filed notices or petitions to intervene which are pending at the time a motion or memorandum is to be filed or served.

 

(F) Notwithstanding paragraphs (B) and (C) of this rule, the board or the administrative law judge may, upon their own motion, issue an expedited ruling on any motion, with or without the filing of memoranda, where the issuance of such a ruling will not adversely affect a substantial right of any party.

 

(G)The administrative law judge may direct that any motion made at a public hearing or transcribed prehearing conference be reduced to writing and filed and served in accordance with this rule.

 

 

4906-2-27                                                                                                                              2

Replaces:                                                              4906-7-12

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:                                  4903.22, 4906.03, 4906.06, 4906.08, 4906.09, 4906.12

Prior Effective Dates:                         12/27/76, 6/10/89, 8/28/98, 12/15/03