4779-11-05 Motions.

(A) Except as otherwise provided under 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 4779-11-03 of the Administrative Code, shall be in writing and filed in accordance with this rule.

(B) A written motion shall state with particularity the 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 4779.29 of the Revised Code, a motion shall be made no later than fourteen days before the scheduled date of the hearing, unless 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 by the board or hearing examiner. A moving party may reply to a response only with the permission of the board or hearing examiner.

(D) The board or hearing examiner shall rule on a written motion in writing and shall issue a copy of the ruling to respondent or respondent's 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 any oral motion made at a hearing shall be included in the record of the hearing.

R.C. 119.032 review dates: 12/27/2012 and 10/01/2017
Promulgated Under: 119.03
Statutory Authority: 4779.08
Rule Amplifies: 119.06, 119.09, 4779.08, 4779.28
Prior Effective Dates: 01/23/03