Lawriter - OAC - 4759-8-08 Motions.

4759-8-08 Motions.

(A) Except as otherwise provided under Chapter 4759-8 of the Administrative Code or Chapter 119. of the Revised Code, all motions, unless made upon the record at the hearing, shall be made in writing. A written motion shall state with particularity the relief or order sought, shall be accompanied by a memorandum setting forth the grounds therefor, and shall be filed in compliance with rule 4759-8-09 of the Administrative Code. A proposed entry may accompany any motion. All motions except those filed subsequent to the close of the hearing shall be made no later than fourteen days before the date of hearing unless express exception is granted by the attorney hearing examiner, the presiding board member, or by this chapter.

(B) All motions, together with supporting documentation, if any, shall be served as provided in rule 4759-8-10 of the Administrative Code.

(C) Within ten days after service of a written prehearing motion, or such other time as is fixed by the attorney hearing examiner or presiding board member, a response to that motion may be filed. A movant may reply to a response only with the permission of the attorney hearing examiner or presiding board member.

(D) Before ruling upon a written motion, all memoranda and supporting documents filed shall be considered. A written ruling shall be entered and copies shall be issued to the representatives as identified under rule 4759-8-01 of the Administrative Code. The ruling on all oral motions made at hearing shall be included in the record except where the board or the attorney hearing examiner elects to take the motion under advisement and issue a written ruling at a later time. The attorney hearing examiner or presiding board member shall include in each written ruling on a motion a short statement of the reasons therefor.

(E) Except as otherwise provided in this chapter or Chapter 119. of the Revised Code, rulings on all motions filed subsequent to the issuance of the report and recommendation shall be rendered by the board or, if the board is not in session, by the presiding board member acting on its behalf.

R.C. 119.032 review dates: 12/20/2012 and 12/20/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 119, 4759.09, 4759.07(A)(1)
Prior Effective Dates: 03/15/03