4723-16-04 Motions.

(A) Except as otherwise provided under in Chapter 119. of the Revised Code, any motion, unless made upon the record at a hearing or as an oral motion for continuance in accordance with rule 4723-16-03 of the Administrative Code, shall be in writing and filed with the board in accordance with this rule.

(B) A written motion shall state with particularity the particular relief sought and shall be accompanied by a memorandum stating the grounds for the motion and citing the authorities relied upon. Except in the case of a summary suspension pursuant to section 4723.281 of the Revised Code, a motion shall be made no later than fourteen days before the scheduled date of the hearing, unless one of the following applies:

(1) The case involves a summary suspension issued pursuant to section 4723.281 of the Revised Code; or

(2) The board or hearing examiner expressly grants an exception.

(C) A response to a motion may be filed within ten days after service of a motion, or such other time as is fixed established by the board or hearing examiner. A movant may reply to a response to a motion may only be made with the permission of the board or hearing examiner.

(D) The board or hearing examiner shall issue a written ruling rule on a written motion in writing and shall issue a copy of the ruling to respondent or respondent’s each representative of record and to the assistant attorney general representing the state. The board or hearing examiner shall include in each written ruling on a motion a short statement setting forth the reason for the ruling.

(E) The ruling in on any oral motion made at a hearing shall be included in the record of the hearing.

HISTORY: Eff 2-1-00; 2-9-05

Rule promulgated under: RC 119.03

Rule authorized by: RC 4723.07

Rule amplifies: RC 4723.28

R.C. 119.032 review dates: 02/09/2010