4761:1-12-04 Motions.

(A) Except as otherwise provided under Chapter 119. of the Revised Code or Chapter 4761:1-11 of the Administrative 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 therefore, and shall be filed in compliance with rule 4761:1-12-03 of the Administrative Code. A proposed entry may accompany any motion. Except in cases of summary suspensions pursuant to division (B) of section 4752.09 of the Revised Code, 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 appointed hearing officer or the board's hearing examiner or by this chapter.

(B) All motions, together with supporting documentation, if any, shall be served as provided in rule 4761:1-12-05 of the Administrative Code.

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

(D) Before ruling upon a written motion, the appointed hearing officer or its hearing examiner shall consider all memoranda and supporting documents filed. The appointed hearing officer or its hearing examiner shall enter a written ruling and shall issue copies to the representatives of record as identified under rule 4761:1-12-01 of the Administrative Code. The ruling on all oral motions made at hearing shall be included in the record except where the appointed hearing officer or hearing examiner elects to take the motion under advisement and issue a written ruling at a later time. The appointed hearing officer or its hearing examiner shall include in each written ruling on a motion a short statement of the reasons therefore.

(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 by the board's hearing examiner shall be rendered by the board or, if the board is not in session, by the board's appointed hearing officer acting on its behalf.

R.C. 119.032 review dates: 05/06/2010 and 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(11)
Rule Amplifies: 4752.09(a)
Prior Effective Dates: 05/23/2005