Lawriter - OAC - 3746-5-22 Expedited stays.

3746-5-22 Expedited stays.

(A) At any time before the commencement of the hearing, any party may move the commission to hold a hearing or oral argument for a stay of the action under appeal pursuant to the expedited procedures set forth in this rule. Such motion shall be in writing and shall contain a concise statement of the basis for its request. Upon the receipt of such motion, the commission shall immediately notify all parties in writing. The director or statutory agency and any other party shall respond within three days after receipt of the notice of such motion.

(B) The commission shall schedule a hearing or oral argument upon twenty-four hours notice to the parties. The hearing on the motion for expedited stay shall be scheduled to occur no sooner than eight days after the date on which the motion is received by the commission.

(C) In extraordinary circumstances, the commission may schedule a hearing or oral argument at any time after the motion is received upon twenty-four hours notice to the parties. In such a case, answers may be offered orally at the hearing.

(D) In such a proceeding, the commission shall issue its decision without delay upon the conclusion of the hearing or oral argument and without awaiting receipt of a transcript of the testimony if, in its opinion, an unreasonable delay would result.

Replaces: 3746-5-14

Effective: 1/1/2018
Five Year Review (FYR) Dates: 04/21/2022
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.03 , 3745.04, 3745.05
Prior Effective Dates: 10/23/73, 3/9/99, 5/27/04, 6/21/09, 5/30/14