4112-3-05 Complaint and notice of hearing.

(A) Issuance of complaint. If the commission determines that it is probable that any unlawful discriminatory practices have been or are being engaged in against the complainant or others the commission shall serve upon all parties or their attorneys of record, if any, a complaint containing a notice of hearing. The commission may delegate authority to the director or the director's designee to issue a complaint on behalf of the commission.

(B) Contents of complaint. In any complaint which it may issue, the commission shall state the alleged unlawful discriminatory practices in a manner sufficient to comply with rule 8(A)(1) of the "Ohio Rules of Civil Procedure."

(C) Contents of notice of hearing. The notice of hearing shall state the date, time and place of hearing, The notice shall inform the respondent that he shall file a written answer to the complaint within twenty-eight days after service of such notice.

(D) Amendment of complaint. Any complaint may be amended at any time prior to issuance of a final order on such complaint. Rule 15(C) of the "Ohio Rules of Civil Procedure" shall govern whether an amendment relates back to the date of the filing of the earlier complaint. Such amended complaint shall be served on all original parties and new parties added or substituted through the amended complaint.

(E) Joinder of parties. Any person maybe joined as a party to a proceeding before the commission in accordance with the standards set forth in rules 19 through 21 of the "Ohio Rules of Civil Procedure."

(F) Consolidation of complaints. The commission or administrative law judge may, in their discretion, consolidate two or more complaints into a single proceeding at any time prior to public hearing.

Eff 11-4-71; 11-15-77; 12-23-79; 7-12-89; 10-17-02
Rule promulgated under: RC 119.03
Rule authorized by: RC 4112.04(A)(4)
Rule amplifies: RC 4112.04, 4112.05
R.C. 119.032 review dates: 8/1/2002 and 08/01/2007