3517-1-16 Definitions.

(A) As used in these rules:

(1) "Standard of proof" means, with respect to alleged violations of sections 3517.08 to 3517.13 , 3517.17 , 3517.18 , 3517.20 , 3599.03 , and 3599.031 of the Revised Code, "preponderance of evidence"; and with respect to sections 3517.21 and 3517.22 of the Revised Code, "clear and convincing evidence".

(2) "Affidavit" means a sworn statement verified and sealed by a notary public and including as a portion of the jurat the following language, "sworn to and subscribed in my presence" and in a form substantially in accordance with section 2935.19 of the Revised Code.

(3) "Complainant(s)" means the person(s) making the complaint

(4) "Respondent(s)" means the person(s) alleged to have violated Ohio election law.

(5) "Filed" means the date and time when an item is received by the staff of the commission, and the placement of a stamp acknowledging receipt by the commission on the documents, filed in the designated commission office during the normal business hours of the commission or at any meeting held by the commission. Filing may also include the transmission to the commission office by any electronic or other means at the discretion of the staff attorney to the commission, as long as the original of such transmitted document is timely received in the commission office.

(6) "Costs" of the commission shall include but not be limited to the following expenses:

(a) Copying charges of any document filed with the commission or produced by the commission for use in the case;

(b) Mailing charges for any notice or letter sent;

(c) Delivery charges incurred in notifying and informing commission members;

(d) Expenses incurred by a commission member for attending the meeting;

(e) Services of a court reporter;

(f) Any rental charges incurred for any reason directly allocable to the case;

(g) Subpoena fees and charges whether incurred by the commission or on behalf of the commission;

(h) Reasonable attorney fees as determined by the commission and as allowed by the Revised Code.

Eff 5-2-96
Rule promulgated under: RC 119.03
Rule authorized by: RC 3517.152
Rule amplifies: RC 3517.155 , 3517.156