(A) Except for oral motions which must be made in proceedings on the record, or where the commission otherwise directs, any motion made to the reclamation commission shall:
(1) Be in writing;
(2) State with particularity the grounds on which it is based;
(3) Set forth the relief sought;
(4) Be filed with the commission and served upon all parties to the proceeding at least ten days in advance of the hearing, unless the movant demonstrates that unusual circumstances exist justifying an exception to this rule.
(B) After an action is commenced, or as part of a notice of appeal, any party to a proceeding may make a written motion requesting that its hearing be conducted before the full commission, rather than before a hearing officer for the commission.
(C) Motions for reconsideration of any decision of the commission shall be made in writing within ten days after the issuance of the commission's decision. A motion for reconsideration shall state with particularity the grounds on which it is based. The filing of a motion for reconsideration does not extend the time for filing a notice of appeal in the appellate court.
(D) The commission may grant a motion for the admission of additional evidence when satisfied that such additional evidence is newly discovered and could not with reasonable diligence have been ascertained prior to the proceeding before the commission.
(E) In compliance with the requirements of paragraph (C) of rule 1513-3-13 of the Administrative Code, motions for continuance of a hearing must be filed with the reclamation commission and served upon all parties to a proceeding at least fourteen days in advance of a hearing.
(F) Unless the commission orders otherwise, any party to a proceeding shall have ten days from service of the motion or until hearing, whichever is earlier, to file a response to a motion.
(G) Failure to make a timely motion or to file a statement in response to a motion may be construed as a waiver of objection.
R.C. 119.032 review dates: 01/27/2009 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 1513.05
Rule Amplifies: 1513.13, 1514.09
Prior Effective Dates: 11/1/1984, 3/7/1986, 2/5/1999, 6/10/2004