(A) If the commission issues a final order vacating and returning any matter to the director or statutory agency for further action, such order shall specify the time period within which the director or other official shall act upon the order. Except in unusual circumstances, such time period should not exceed thirty days.
(B) Within seven days after the issuance of the final order provided for in paragraph (A) of this rule the director or statutory agency may move the commission for an extension of the time period specified in the final order. Such motions will be granted only in extraordinary circumstances and upon a demonstration of compelling reasons.
(1) A motion for extension shall be served upon all parties to the appeal, shall state the duration of the extension sought, and shall state in detail the reasons why the director or statutory agency cannot act within the time period specified in the final order.
(2) A party objecting to the motion for extension shall submit the objection and the reasons in support to the commission in writing no later than the third business day after receipt of the motion.
(3) Upon receipt of the written objection, or, if no written objection is filed, the commission shall rule on the motion for extension.
Effective: 07/27/2007
R.C. 119.032 review dates: 04/23/2007 and 04/23/2012
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02 – 3745.07
Prior Effective Dates: 10/23/73, 4/23/02