(A) A certificate of service shall not be required for a filing of a request for hearing under section 119.07 of the Revised Code. A hearing request is filed when it is received and time stamped by the department.
(B) Paragraphs (C) to (K) of rule 3301-73-06 of the Administrative Code apply after a request for an administrative hearing is received by the department.
(C) A document is "filed" when it is received and time stamped by the department during normal business hours. The burden of ensuring that the document(s) is properly and timely filed is borne by the party filing the document(s).
(D) An original of any document required to be filed shall be filed with the department and service on the parties shall occur simultaneously. A party may file a document with the department in person, by mail, or by facsimile. When filing by facsimile, the party shall provide the department an original document within five business days of the facsimile filing.
(E) All documents shall contain the name, address, and telephone number of the party submitting it and shall be appropriately captioned to indicate the name of the party on whose behalf the document is filed.
(F) Any document required to be served by a party may be served in person, by mail or by facsimile. Service is complete on the date of mailing, date of personal service, or date of facsimile of the document.
(G) Any signed statement is an acceptable certificate of service so long as it contains all of the following information:
(1) Date of service;
(2) Address where service was made; and
(3) Name of the party or authority that was served.
(H) In computing any period of time prescribed by these rules, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period is included in the computation of the time limit. If the last day of a period is not a regular business day, the time period runs through the end of the next regularly scheduled business day.
(I) Requests for an extension of time shall be made in writing to the department prior to the expiration of any applicable time limit.
(J) If a document(s) is not filed in accordance with this rule, the state board or hearing officer may, at his/her discretion, accept the document upon establishment of proof of good faith.
(K) This rule does not apply when a respondent is perfecting an appeal under section 119.12 of the Revised Code.
R.C. 119.032 review dates: 03/04/2009 and 03/04/2014
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3319.31, 3319.311
Rule Amplifies: 3319.31, 3319.311
Prior Effective Dates: 9/25/04