3745-47-17 Motions.

(A) All motions, unless made before the hearing examiner upon the record, shall be made in writing. A written motion shall state with particularity the relief or order sought and shall be accompanied by a memorandum setting forth the grounds therefor.

(B) Within ten days after service of a written motion, or such other time as fixed by the hearing examiner, any party may file an answer to a motion. A movant may reply to an answer only with the permission of the hearing examiner. Procedural motions shall not cause delay of a hearing without a finding by the hearing examiner that good cause for such delay exists.

(C) Before deciding a written motion, the hearing examiner shall consider all memoranda filed. The hearing examiner shall file a written decision, including the procedural order issued, with the hearing clerk and shall serve copies on all parties. The hearing examiner’s ruling on all oral motions shall be included in the transcript but the hearing examiner may elect to take the motion under advisement and issue a written ruling later. The hearing examiner shall include in each written decision on a motion a short statement of the reasons for each ruling.

(D) A party may file a motion for summary disposition. After consideration of such motion, the hearing examiner may submit to the director a report pursuant to rule 3745-47-24 of the Administrative Code without evidentiary hearing. Such report shall be submitted if the hearing examiner determines, upon consideration of the proposed action, requests for adjudication hearing or objections, depositions, answers to interrogatories, stipulations of fact, admissions, affidavits accompanying such motion or an answer to such motion, and any argument presented at a hearing on the motion, that there is no genuine issue as to any material fact and that the moving party is entitled to the outcome requested as a matter of law. A motion for summary disposition shall be filed no later than fifteen days prior to the date set for commencement of evidentiary hearing, unless leave for filing thereafter is obtained from the hearing examiner.

HISTORY: Eff 7-5-73; 6-30-81

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC Chapter 119., Chapter 3745.

119.032 Review Date: 5-25-03