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.

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. All motions except for motions for continuance and those motions filed subsequent to the close of the hearing 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.

(B) All motions, together with supporting documentation, if any, shall be served on the opposing party.

(C) 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.

(D) Before ruling upon a written motion, the hearing officer shall consider all memoranda and supporting documents filed. The hearing officer shall enter a written ruling and shall serve copies of the ruling on the parties and their counsel. 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. The hearing officer shall include in each written ruling on a motion a statement of the reasons for the ruling.

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: 9/25/2004