4117-1-02 Filing and copies; service.

(A) As used in Chapters 4117-1 to 4117-25 of the Administrative Code, “filed” means actual receipt by the board at its Columbus office as evidenced by the board’s time stamp. The documents shall be filed with the number of copies specified below:

(1) An original and one copy of any petition, charge, answer, brief, motion, or other document not specified in paragraph (A)(2) of this rule;

(2) An original and six copies of exceptions, responses to exceptions, or any document relating to the review of proposed orders or recommended determinations;

(3) An additional copy of the document and a self-addressed, stamped envelope shall be filed when the return of a time-stamped copy of a document is requested.

(B) All documents shall include proof of service to the other parties to the proceeding or their representatives. Proof of service shall be signed and shall include the address to which the document is delivered, the manner of delivery, and the date of mailing or, if service is not by mail, the date of delivery or an acknowledgment of receipt signed by the recipient. Such documents shall not be accepted for filing unless they contain proof of service signed by the party or the party’s representative. Documents for which confidentiality is requested pursuant to paragraph (G) of this rule need not contain proof of service.

(C) Service may be made by mail or by personal service including hand delivery or by leaving a copy at the principal office or personal residence of the party or representative required to be served. Service by mail shall be deemed complete upon mailing.

(D) All answers, briefs, motions, exceptions, responses to exceptions, or other documents, excluding board forms, shall be double spaced on eight-and-one-half-inch by eleven-inch paper with one-inch margins, shall be in type face no smaller than eleven points, and shall not exceed fifteen pages in length unless prior written authorization is received from the board, board member, or administrative law judge. Documents exceeding this page limit without prior written authorization shall not be accepted for filing. Administrative law judges may rule on requests to exceed the page limit on exceptions, cross-exceptions, and responses to exceptions to the proposed orders or recommended determinations, but may permit extensions only to twenty-five pages. Requests for such documents to exceed twenty-five pages must be submitted to and approved by the board prior to the filing of the document.

(E) The board has discretion to waive technical defects in any document filed with the board if no undue prejudice would result. All documents shall have numbered pages, shall contain the caption of the case, the case number, and a title including the name of the party on whose behalf the document was filed. Documents exceeding fifteen pages also shall contain a summary and a table of contents. Documents filed with the board concerning a case assigned to a board member or admininstrative law judge shall state the name of the board member or admininstrative law judge in the title.

(F) Filing with the board shall occur only with the clerk’s office between the hours of eight-thirty a.m. and five p.m., Monday through Friday, excluding state holidays, at the board’s Columbus office.

(G) An individual submitting information may request in writing that affidavits or other investigatory materials be kept confidential. Documents for which confidentiality is requested shall be filed with the clerk’s office with a written request that confidentiality be maintained. Documents submitted pursuant to a SERB agent’s request in the course of an investigation and for which confidentiality is promised shall automatically be kept confidential. Substantial evidence and showings of interest submitted in accordance with rules 4117-3-03 and 4117-5-02 of the Administrative Code will automatically be kept confidential.

R.C. 119.032 review dates: 10/04/2004 and 10/01/2009

Promulgated Under: 119.03

Statutory Authority: 4117.02(K)(8)

Rule Amplifies: 4117.01, 4117.02

Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87, 10/19/87