4117-1-04 Motions.

(A) Motions shall be made in writing, except motions made at a hearing and shall briefly describe the order, ruling, or action sought, setting forth with particularity the grounds.

(B) Responses to motions shall conform to the requirements of paragraph (A) of this rule. Responses shall be filed within ten days of service of the motion, which time may be altered by the board, board member, or administrative law judge.

(C) Rulings on motions filed with the board shall be issued in writing and a copy served upon each of the parties. The board, board member, or administrative law judge may orally rule on the record on a motion at the hearing but shall issue a ruling in writing if such ruling is made after the hearing.

(D) Motions, rulings, orders and directives shall become a part of the record. Rulings by a board member or administrative law judge on motions or objections shall not be appealed directly to the board but shall be considered by the board in reviewing the record only if raised in the exceptions to the proposed order or recommended determination.

(E) Motions for reconsideration may be filed with the board no later than forty-five days after the issuance of the board’s final ruling. These motions must contain a clear and concise statement of the reasons why the board should reconsider its previous decision.

(F) Motions made in writing shall not be accepted for filing with the board unless they contain proof of service, pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code.

HISTORY: Eff 3-26-84 (Emer.); 6-24-84; 5-18-87; 7-1-96; 1-2-05

Rule promulgated under: RC 119.03

Statutory Authority: 4117.02(K)(8)

Rule Amplifies: 4117.02, 4117.07, 4117.11, 4117.12, 4117.14, 4117.16, 4117.23

R.C. 119.032 review dates: 10/18/2004 and 10/01/2009