3746-5-27 Substitution of parties.

(A) Death.

(1) If a party dies while a proceeding is pending before the commission, and the claim is not extinguished as a result of the death, the personal representative of the deceased party may be substituted as a party on motion filed by the representative, or by any party, with the commission. If the deceased party has no representative, any party may note the death on the record and proceedings shall then be had as the commission may direct.

(2) If a party against whom an appeal may be taken dies before an appeal is filed, an appellant may proceed as if death had not occurred. After the notice of appeal is filed, substitution shall be effected by the commission in accordance with this section.

(3) If a party entitled to appeal should die before an appeal has been filed, and the claim is not extinguished by death, the appeal may be filed by his personal representative, or, if he has no personal representative, by his attorney of record within the time prescribed by this chapter. After the notice of appeal is filed, substitution shall be effected by the commission in accordance with this section.

(B) Public officials.

(1) When a public officer is a party to an appeal before the commission in his official capacity and during its pendency he resigns or otherwise ceases to hold office, the action does not abate and his successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of the substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.

(2) When a public officer is a party to an appeal or other proceeding in his official capacity, he may be described as a party by his official title rather than by name, but the commission may require his name to be added.

(C) If substitution of a party before the commission is necessary for any other reason, substitution shall be effective in accordance with the procedure prescribed in paragraph (A) of thie rule.

R.C. 119.032 review dates: 05/11/2012 and 03/09/2014
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02 - 3745.06
Prior Effective Dates: 1/2/73, 3/9/99, 5/27/04