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Ohio Laws and Rules
(A) The commission shall adopt rules governing procedures to be followed in hearings before it. No rule adopted by the commission shall be effective until the tenth day after it has been adopted by the filing of a certified copy thereof with the secretary of state who shall record them under the heading “rules of the commission.” The rules shall be numbered consecutively under the heading and shall bear the date of filing. The rules shall be public records open to public inspection.
(B) No rule filed in the office of the secretary of state pursuant to this chapter shall be amended except by a rule which contains the entire rule as amended and which repeals the entire rule amended. Each rule that amends a rule shall bear the same consecutive rule number as the number of the rule that it amends, and it shall bear the date of filing.
(C) No rule filed in the office of the secretary of state pursuant to this chapter shall be repealed except by a rule. Each rule which repeals a rule shall bear the same consecutive rule number as the number of the rule which it repeals, and it shall bear the date of filing.
(D) The authority and the duty of the commission to adopt rules under this chapter shall not be governed by or be subject to Chapter 119. of the Revised Code.
(E) The commission shall have available copies of its rules that have been filed in the office of the secretary of state. Rules of the commission shall be furnished free of charge to any person requesting them.
(F) The rules applicable on the date of the filing of an appeal shall govern that appeal throughout all proceedings before the commission.
Effective: 12/20/2008
R.C. 119.032 review dates: 10/01/2008 and 10/01/2013
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02-3745.06
Prior Effective Dates: 1/2/73, 10/6/98
(A) Chapter 3746-3 of the Administrative Code shall govern the practice and procedure before the commission in its proceedings.
(B) A majority of the members of the commission must concur to adopt, amend or rescind a rule.
(C) All rules filed in final form shall be electronically certified by the commission.
Effective: 12/20/2008
R.C. 119.032 review dates: 10/01/2008 and 10/01/2013
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02-3745.06
Prior Effective Dates: 8-24-73, 10-6-98
Two members constitute a quorum. No action of the commission shall be valid unless it has the concurrence of at least two members.
Effective: 12/20/2008
R.C. 119.032 review dates: 10/01/2008 and 10/01/2013
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02-3745.06
Prior Effective Dates: 10/23/73, l0/6/98, 1/16/04
(A) The commission shall maintain a case file of all cases pending before it other than cases appealed to the court of appeals.
(B) When a notice of appeal is filed with the commission:
(1) The secretary shall assign a case number to the appeal;
(2) Cases shall be numbered sequentially as filed;
(3) The secretary shall create a case file for the original copies of all papers relating to the case.
(C) The case file shall contain all matters relating to the pending case.
(D) Any person may examine and copy the case file during the commission’s regular business hours.
(E) The secretary shall maintain a duplicate case file which shall be organized in the same manner as the original case file.
(F) The secretary shall maintain an index to the original and duplicate case file.
Effective: 12/20/2008
R.C. 119.032 review dates: 10/01/2008 and 10/01/2013
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02-3745.06
Prior Effective Dates: 10-23-73, 10-6-98
The commission shall maintain a current registry that shall include entries of all appeals filed, hearings pending, any final action thereon, and the dates on which such filings, hearings, and final actions occurred.
Effective: 12/20/2008
R.C. 119.032 review dates: 10/01/2008 and 10/01/2013
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02-3745.06
Prior Effective Dates: 8/24/73, 10/6/98
(A) Any material containing what the director, under division (A) of section 3704.08 of the Revised Code, has designated as a trade secret, shall be treated by the commission as confidential.
(B) In an appeal de novo or one in which additional evidence is taken, any person who seeks to introduce records, reports, or information which, if made public, would divulge methods or processes entitled to protection as a trade secret, may move the commission to keep such materials confidential. The party or intervenor may move the commission to grant that such portions of the hearing as relate to such trade secrets be closed to the public. In the absence of such a motion and the granting thereof, all material in the record shall be public.
(C) Any person seeking confidential status for a trade secret shall have the burden of establishing the right to such status.
(D) Where no certified record of the director has been filed with the commission and no certification of trade secrets has been made, the commission, on motion by the party seeking recognition of a trade secret, may grant trade secret designation to the same extent as the director, if application had been made to him under division (A) of section 3704.08 of the Revised Code.
Effective: 12/20/2008
R.C. 119.032 review dates: 10/01/2008 and 10/01/2013
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02-3745.06
Prior Effective Dates: 8/24/73, 10/6/98
(A) The commission shall appoint a secretary to hold office at its pleasure. The secretary shall be an officer of the commission and shall perform such duties as the commission prescribes, and shall receive such compensation as the commission fixes in accordance with schedules provided by law for the compensation of state employees.
(B) The secretary’s principal duties and responsibilities shall be:
(1) To serve as the legal custodian of the commission’s property, papers, and legal and public records.
(2) To process and certify all orders and records of the commission to the appropriate court of appeals when cases are appealed.
(3) To serve upon each party to an appeal a notice of all orders of the commission and to make a notice in the registry of the mailing. Service on a party represented by counsel shall be made on counsel.
(4) To return, upon disposition of the case, the record on appeal to the governmental agency from which it was received.
(5) To enter the findings and orders and other acts of the commission into the journal of the commission.
(6) To certify to the secretary of state the rules adopted by the commission.
Effective: 12/20/2008
R.C. 119.032 review dates: 10/01/2008 and 10/01/2013
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02-3745.06
Prior Effective Dates: 10/23/73, 10/6/98
(A) All persons appearing before the commission shall conform to the standards of ethical conduct required in appearances in the courts of the state of Ohio.
(B) The commission shall have the authority, for good cause stated in the record, to bar from participation in a particular proceeding any person who shall refuse to comply with its directions, or who shall be guilty of disorderly conduct, dilatory tactics, or contemptuous language in the course of such proceedings.
Effective: 12/20/2008
R.C. 119.032 review dates: 10/01/2008 and 10/01/2013
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.01-3745.06
Prior Effective Dates: 10/23/73, 10/6/98
(A) In any proceeding before the commission, no employee or agent of the director who performs any investigative or prosecuting function in connection with the proceeding, no party in the proceeding, or agent, or counsel, or anyone acting on behalf of a party, and no other person who has appeared before the commission in such proceeding shall communicate ex parte, directly or indirectly, with the commission or any member thereof, or any employee involved in the decisional process in such proceeding.
(B) In any proceeding before the commission, neither the commission nor any other person involved in the decisional process of such proceeding, shall communicate ex parte, directly or indirectly, with any employee or agent of the director who performs any investigative or prosecuting function in connection with the proceeding, with any party in the proceeding, or agent, or counsel, or anyone acting on behalf of a party, or with any other person who has appeared before the commission in such proceeding.
Effective: 12/20/2008
R.C. 119.032 review dates: 10/01/2008 and 10/01/2013
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.01-3745.06
Prior Effective Dates: 1/2/73, 10/6/98
(A) In any proceeding before the commission, no officer, employee, or agent of the director who appears before the commission as an attorney or witness or who actively participates in the preparation of evidence or argument presented by such persons, shall participate or advise the commission.
(B) No party, other than the state or a local governmental unit, may be represented by an attorney or other person who is at the same time an employee of the state of Ohio.
Effective: 12/20/2008
R.C. 119.032 review dates: 10/01/2008 and 10/01/2013
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3645.02-3745.06
Prior Effective Dates: 1/2/73, 10/6/98
Unless one year has elapsed since the termination of employment, no former employee shall appear before the commission as an attorney or other representative of any party to any proceeding or other matter, formal or informal:
(A) In which the former employee participated personally and substantially during the period of such employment; or
(B) For which the former employee was officially responsible during the period of such employment.
Effective: 12/20/2008
R.C. 119.032 review dates: 10/01/2008 and 10/01/2013
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02-3745.06
Prior Effective Dates: 1/2/73, 10/6/98
Words importing the singular number may extend and be applied to the plural. Words importing the masculine gender may be applied to the feminine gender.
Effective: 12/20/2008
R.C. 119.032 review dates: 10/01/2008 and 10/01/2013
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02-3745.06
Prior Effective Dates: 1/2/73, 10/6/98
(A) The commission shall be open for business Monday through Friday from 8:00 a.m. until 5:00 p.m., except on legal holidays.
Effective: 12/20/2008
R.C. 119.032 review dates: 10/01/2008 and 10/01/2013
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02-3745.06
Prior Effective Dates: 8/24/73, 10/6/98
Rescinded eff 12-20-08