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| Rule |
Rule 4901-1-01 | Definitions.
Effective:
April 11, 2024
As used in this chapter: (A) "Administrative law
judge" (ALJ) has the same meaning attributed to attorney examiner; the
terms are interchangeable throughout these and other commission rules and both
terms refer to the positions authorized under section 4901.18 of the Revised
Code. (B) "Business day" means any day that is not a
Saturday, Sunday, or legal holiday. (C) "Commission" means the public utilities
commission. (D) "Docketing information system" means the
commission's system for electronically storing documents filed in a case.
The internet address of the docketing information system is
http://dis.puc.state.oh.us. (E) "Electric utility" means an electric light
company as defined in section 4905.03 of the Revised Code and an electric
services company as defined in section 4928.01 of the Revised
Code. (F) "Electronic filing" (e-filing) means the
submission of digitized electronic files to the commission's docketing
information system. (G) "Electronic mail" (email) means the exchange
of digital messages across the internet or other computer network. (H) "Emergency rate proceeding" means any case
involving an application for an emergency rate adjustment filed under section
4909.16 of the Revised Code. (I) "Facsimile transmission" (fax) means the
transmission of a source document by a facsimile machine or other electronic
device that encodes a document into signals and transmits and reconstructs the
signals to print a duplicate of the source document at the commission's
docketing division or a party's location. (J) "Gas utility" means a gas or natural gas
company as defined in section 4905.03 of the Revised Code. (K) "General rate proceeding" means any case
involving an application for an increase in rates filed under section 4909.18
of the Revised Code, a complaint or petition filed under section 4909.34 or
4909.35 of the Revised Code, or an investigation into the reasonableness of a
public utility's rates initiated by the commission under section 4905.26
of the Revised Code. (L) "Long-term forecast report" has the meaning
set forth in section 4935.04 of the Revised Code. (M) "Person" means a person, firm, corporation,
unincorporated association, government agency, the United States, the state of
Ohio or one of its political subdivisions, or any other legally cognizable
entity including any entity defined as a "person" in division (A) of
section 4906.01 of the Revised Code. (N) "Presiding hearing officer" means the
commissioner or ALJ presiding at a public hearing or prehearing
conference. (O) "Private motor carrier" has the meaning set
forth in section 4923.02 of the Revised Code. (P) "Public utility" has the meaning set forth in
section 4905.02 of the Revised Code. (Q) "Purchased gas adjustment proceeding" means
any proceeding heard under section 4905.302 of the Revised Code and rule
4901:1-14-08 of the Administrative Code. (R) "Railroad" has the meaning set forth in
section 4907.02 of the Revised Code. (S) "Reporting person" means any person filing a
long-term forecast report under section 4935.04 of the Revised
Code.
Last updated April 11, 2024 at 8:57 AM
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Rule 4901-1-02 | Filing of pleadings and other documents.
Effective:
April 11, 2024
(A) General provisions (1) The official address of the
commission's docketing division is: "Public Utilities Commission of
Ohio, Docketing Division, 180 East Broad Street, Columbus, Ohio
43215-3793." (2) The internet address
of the commission's docketing division is
http://dis.puc.state.oh.us. (3) The docketing
division is open from seven-thirty a.m. to five-thirty p.m., Monday through
Friday, except on state holidays. (4) Except as discussed
in paragraph (D) of this rule, no document is considered filed with the
commission until it is received and date-stamped by the docketing division. An
application for an increase in rates filed under section 4909.18 of the Revised
Code, a complaint concerning an ordinance rate filed by a public utility under
section 4909.34 of the Revised Code, and a petition filed by a public utility
under section 4909.35 of the Revised Code is not considered filed until the
commission determines that the application, complaint, or petition complies
with the requirements of rule 4901-7-01 of the Administrative
Code. (5) The commission
reserves the right to redact any material from a filed document or reject a
filed document prior to posting the document on the docketing information
system if the commission finds the material to be confidential personal
information, a trade secret, or inappropriate for posting to its
website. (6) A party seeking to
consolidate a new case with one or more previously filed cases may file a
motion to consolidate the cases. (B) Paper filing (1) All applications,
complaints, reports, pleadings, or other documents to be paper filed with the
commission shall be mailed or delivered to the commission's docketing
division at the address shown in paragraph (A) of this rule. In addition to the
original, any person paper filing a document for inclusion in a case file must
submit two copies of the document. Failure to submit the correct number of
copies within two business days after notice by the docketing division may
result in the document being stricken from the case file. An ALJ may require a
party to provide additional paper copies of any filed document. (2) Unless a motion for a
protective order is made in accordance with rule 4901-1-24 of the
Administrative Code, concurrent with or prior to receipt of the document by the
docketing division, any document filed with the docketing division will be made
publicly available on the docketing information system. (C) Facsimile transmission (fax)
filing A person may file documents with the commission
via fax under the following conditions: (1) The following
documents may not be delivered via fax: (a) The application, complaint, or other initial pleading that is
responsible for the opening of a case. (b) Any document for which protective or confidential treatment
is requested. (c) A notice of appeal of a commission order to the Ohio supreme
court filed pursuant to section 4903.13 of the Revised Code or service of that
notice upon the chairperson or a commissioner. (2) All documents sent
via fax must include a transmission sheet that states the case number, case
title, date of transmission, number of pages, brief description of the
document, and the name and telephone number of the sender. (3) The originator of a
fax document must contact the commission's docketing division at (614)
466-4095 prior to sending a fax. A person must notify the docketing division of
its intent to send a document by fax by five p.m. on the date the document is
to be sent. (4) All documents must be
sent to the facsimile machine in the commission's docketing division at
(614) 466-0313. If that machine is inoperable, directions for alternative
arrangements will be given when the originator calls to commence a fax.
Unrequested documents sent to any of the commission's other facsimile
machines will not be relayed to the docketing division by commission
employees. (5) Excluding the
transmission sheet, all documents transmitted by fax must be thirty pages or
less. (6) All documents must be
legible when received. Illegible documents received via fax will not be filed.
If the document is illegible, docketing division may attempt to contact the
sender to resolve the problem. The person making a fax filing bears all risk of
transmission, including all risk of equipment, electric, or telephonic failure
or equipment overload or backup. Any document sent by fax that is received in
whole or in part after five-thirty p.m. will be considered filed the next
business day. (7) No document received
via fax will be given confidential treatment by the commission. (8) If a document is
delivered via fax, the party must make arrangements for the original signed
document and the required number of copies of the pleading to be delivered to
the commission no later than the next business day. Failure to comply with this
requirement may result in the document being stricken from the case
file. (9) Because a document
sent to the commission by fax will be date-stamped, and thus filed, the day it
is received by the docketing division, the originator of the document shall
serve copies of the document upon other parties to the case no later than the
date of filing. (D) Electronic filing
(e-file) A person may e-file documents with the
commission under the following conditions: (1) All filings must
comply with the electronic filing manual and technical requirements located
under electronic filing information and links at the docketing information
system website. (2) The service of a
notice of appeal of a commission order pursuant to sections 4903.13 and 4923.99
of the Revised Code upon the chairperson or a commissioner may not be delivered
via e-filing. (3) A public utility may
electronically file an application to increase rates pursuant to section
4909.18 of the Revised Code except that a public utility filing an application
pursuant to chapter II of the standard filing requirements in rule 4901-7-01 of
the Administrative Code shall submit one complete paper copy of the application
to the commission's docketing division on the same day that an e-filing of
the application is made and shall contact the rate case manager of the
commission's rates and analysis department prior to the e-filing of the
application to determine the number of paper copies of the application that
will be required by the commission's staff. (4) Provided that a
document is not subsequently rejected by the docketing division, an e-filed
document will be considered filed as of the date and time recorded on the
confirmation page that is electronically inserted as the last page of the
filing upon receipt by the commission, except that any e-filed document
received after five-thirty p.m. is considered filed at seven-thirty a.m. the
next business day. The docketing division may reject any filing that does not
comply with the electronic filing manual and technical requirements, is
unreadable, includes anything deemed inappropriate for inclusion on the
commission's website, or is submitted for filing in a closed or archived
case. If an e-filing is rejected by the docketing division, an email message
will be sent to inform the filer of the rejection and the reason for the
rejection. (5) If an e-filing is
accepted, notice of the filing will be sent via email to all persons who have
electronically subscribed to the case, including the filer. This email notice
will constitute service of the e-filed document upon those persons
electronically subscribed to the case. Upon receiving the email notice that the
e-filed document has been accepted by the commission's docketing division,
the filer shall serve copies of the document in accordance with rule 4901-1-05
of the Administrative Code upon parties to the case who are not electronically
subscribed to the case. (6) The commission's
docketing division closes at five-thirty p.m. To allow time for same-day review
and acceptance of e-filings, persons making e-filings are encouraged to make
their filings by no later than four p.m. (7) The person making an
e-filing bears all risk of transmitting a document including, but not limited
to, all risk of equipment, electric, or internet failure. (8) E-filed documents
must be complete documents. Appendices or attachments to an e-filed document
may not be filed by other methods without prior approval. (9) Except as otherwise
provided by this rule or directed by an ALJ, a person filing a document
electronically need not submit any paper copy of an e-filed document to the
commission's docketing division. (E) The commission's docketing
information system designates the status of each case under the case number and
case name on the docket card. As discussed in this rule, attempts to make
filings in certain designated cases will be denied. (1) An open case is an
active case in which filings may be made. (2) A closed case is one
in which no further filings may be made without the consent of the
commission's legal department. When a case is closed, any person seeking
to make a filing in a case must first contact the ALJ assigned to the case or
the commission's legal director. If the ALJ or legal director agrees to
permit the filing, the docketing division will be notified to reopen the case.
If an additional filing is permitted, the case status will be changed to open
and service of the filing must be made by the filer upon the parties to the
case in accordance with rule 4901-1-05 of the Administrative Code. (3) An archived case is a
closed case that will not be reopened and in which no further filings will be
permitted. If additional activity is thereafter required on any matter
addressed in an archived case, the commission will open a new case and
designate the new case as a related case. The commission's docketing
information system displays for each case a related cases tab to provide a link
to related cases. (4) A reserved case is
one set aside for future use. No filings should be made in the case until the
party for who it was reserved makes an initial filing. (5) A void case is one
that was opened in error, and no documents may be filed in it.
Last updated April 11, 2024 at 8:57 AM
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Rule 4901-1-03 | Form of pleadings and other papers.
Effective:
April 11, 2024
(A) All pleadings or other papers to be
filed with the commission shall contain the name of the commission, the title
of the proceeding, and the nature of the pleading or paper. All pleadings or
papers filed subsequently to the original filing or commission entry initiating
the proceeding shall contain the case name and docket number of the proceeding.
Such pleadings or other papers shall also contain the name, address, and
telephone number of the person filing the paper, or the name, address,
telephone number, email addresses and attorney registration number of his or
her attorney, if such person is represented by counsel. A party not represented
by an attorney who is willing to accept service of filed documents by fax may
include a fax number and the following phrase next to or below its fax number:
(willing to accept service by fax). A party not represented by an attorney who
is willing to accept service of filed documents by email may include the
following phrase next to or below its email address: (willing to accept service
by email). (B) All pleadings or other papers to be
filed with the commission shall be printed, typewritten, or legibly handwritten
on eight and one-half by eleven-inch paper. This requirement does not apply
to: (1) Original documents to
be offered as exhibits. (2) Copies of original
documents to be offered as exhibits, where compliance with this requirement
would be impracticable. (3) Forms approved or
supplied by the commission. (C) Nothing in paragraph (B) of this rule
disallows the filing of photocopies of documents that otherwise meet the
requirements of that paragraph.
Last updated April 11, 2024 at 8:57 AM
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Rule 4901-1-04 | Signing of pleadings.
Effective:
April 11, 2024
All applications, complaints, or other pleadings
filed by any person shall be signed by that person or by his or her attorney,
but need not be verified unless specifically required by law or by the
commission. Persons who e-file or fax file documents may use "/s/"
followed by their name to indicate a signature or an electronic signature where
applicable.
Last updated April 11, 2024 at 8:58 AM
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Rule 4901-1-05 | Service of pleadings and other papers.
Effective:
April 11, 2024
(A) Unless otherwise ordered by the
commission, the legal director, the deputy legal director, or an ALJ, all
pleadings or papers filed with the commission subsequent to the original filing
or commission entry initiating the proceeding shall be served upon all parties,
no later than the date of filing. Such pleadings or other papers shall contain
a certificate of service. The certificate of service shall state the date and
manner of service, identify the names of the persons served, and be signed by
the attorney or the party who files the document. The certificate of service
for a document served by mail or personal service shall also include the
address of the person served. The certificate of service for a document served
by fax shall also include the fax number of the person to whom the document was
transmitted. The certificate of service for a document served by email shall
also include the email address of the person to whom the document was
sent. (B) If an e-filing is accepted by the
docketing division, an email notice of the filing will be sent by the
commission's e-filing system to all persons who have electronically
subscribed to the case. The email notice will constitute service of the
document upon the recipient. Upon receiving notice that an e-filing has been
accepted by the docketing division, the filer shall serve copies of the
document in accordance with this rule upon all other parties to the case who
are not served via the email notice. A person making an e-filing shall list in
the certificate of service included with the e-filing the parties who will be
served by email notice by the commission's e-filing system and the parties
who will be served by traditional methods by the person making the filing. The
certificate of service for an e-filed document shall include the following
notice: The PUCO's e-filing system will electronically serve notice of the
filing of this document on the following parties: (list the names of the
parties referenced on the service list of the docket card who have
electronically subscribed to the case). (C) If a party has entered an appearance through an
attorney, service of pleadings or other papers shall be made upon the attorney
instead of the party. If the party is represented by more than one attorney,
service need be made only upon the "counsel of record" designated
under rule 4901-1-08 of the Administrative Code. If no counsel of record is
listed for a party with multiple counsel then service may be made on the
first-listed counsel in the initial pleading. (D) Unless service is completed through the
commission's e-filing system as set forth in paragraph (B) of this rule
or email service is impractical, (e.g., due to file size) an attorney
representing a party before the commission may accomplish service upon other
attorney-represented parties that have intervened or made an appearance no
later than the day before the filing by email. Otherwise, service upon an
attorney or party may be personal or by mail, by fax, or email under the
following conditions: (1) Personal service is
complete by delivery of the copy to the attorney or to a responsible person at
the office of the attorney. Personal service to a party not represented by an
attorney is complete by delivery to the party or to a responsible person at the
address provided by the party in its pleadings. (2) Service by mail to an
attorney or party is complete by mailing a copy to his or her last known
address. If the attorney or party to be served has previously filed and served
one or more pleadings or documents in the proceeding, the term "last known
address" means the address set forth in the most recent such pleading or
document. (3) Service of a document
to an attorney or party by fax may be made only if the person to be served has
consented to receive service of the document by fax. Service by fax is complete
upon transmission, but is not effective if the serving party learns that it did
not reach the person served. (4) Service of a document
by email to a party not represented by an attorney may be made only if the
party to be served has consented to receive service of the document by email.
(5) Service by email is
complete upon transmission, but is not effective if the serving party learns
that it did not reach the person served. (E) For purposes of this rule, the term "party"
includes, in addition to those identified in rule 4901-1-10 of the
Administrative Code, all persons who have filed motions to intervene that are
pending at the time a pleading or document is to be served, provided that the
person serving the pleading or other document has been served with a copy of
the motion to intervene. (F) The commission or the legal director,
deputy legal director, or ALJ may order in certain cases that pleadings or
documents be served in a specific manner to expedite the exchange of
information.
Last updated April 11, 2024 at 8:58 AM
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Rule 4901-1-06 | Amendments.
Effective:
April 11, 2024
Unless otherwise provided by law, the commission,
the legal director, the deputy legal director, or an ALJ may, upon their own
motion or upon motion of any party for good cause shown, authorize the
amendment of any application, complaint, long-term forecast report, or other
pleading filed with the commission.
Last updated April 11, 2024 at 8:58 AM
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Rule 4901-1-07 | Computation of time.
Effective:
April 11, 2024
Unless otherwise provided by law or by the
commission: (A) In computing any period of time
prescribed or allowed by the commission, the date of the event from which the
period of time begins to run is not included. The last day of the period so
computed is included, unless it falls on a Saturday, Sunday, or legal holiday,
in which case the period of time runs until the end of the next day that is not
a Saturday, Sunday, or legal holiday. Unless otherwise noted, time is measured
in calendar, not business, days. (B) Whenever a party is permitted or
required to take some action within a prescribed period of time after a
pleading or other paper is served upon him or her and service is made by mail,
three days may be added to the prescribed period of time. (C) Whenever a party is permitted or
required to take some action within a prescribed period of time after a
pleading or other paper is served upon him or her and service is made by
personal, fax, or email service and is completed after five thirty p.m., one
day may be added to the prescribed period of time. The applicable time zone is
the time zone where the recipient is located, but will be no earlier than the
actual close of the commission offices. (D) If the commission office is closed to
the public for the entire day that constitutes the last day for doing an act or
closes before its usual closing time on that day, the act may be performed on
the next succeeding day that is not a Saturday, Sunday, or legal
holiday.
Last updated April 11, 2024 at 8:58 AM
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Rule 4901-1-08 | Practice before the commission, representation of corporations, and designation of counsel of record.
Effective:
April 11, 2024
(A) Except as otherwise provided in
section 4901.14 of the Revised Code and paragraphs (B), (C), and (D) of this
rule, each party not appearing in propria persona shall be represented by an
attorney-at-law authorized to practice before the courts of this state.
Corporations must be represented by an attorney-at-law. (B) An out-of-state attorney may seek
permission to appear pro hac vice before the commission in any activity of a
case upon the filing of a motion and compliance with section 2 of rule XII of
the Supreme Court Rules for the Government of the Bar of Ohio. (C) Certified legal interns may appear
before the commission under the direction of a supervising attorney, in
accordance with rule II of the Supreme Court Rules for the Government of the
Bar of Ohio. No legal intern may participate in a commission hearing in the
absence of the supervising attorney without the written consent of the
supervising attorney and the approval of the commission or the presiding
hearing officer. (D) If a prehearing conference is
scheduled to discuss settlement of the issues in a complaint case, any person
except an out-of-state attorney not in compliance with paragraph (B) of this
rule, with the requisite authority to settle the issues in the case may
represent a party at the conference. (E) Where a party is represented by more than one attorney, one
of the attorneys shall be designated as the "counsel of record," who
has principal responsibility for the party's participation in the
proceeding. The designation "counsel of record" shall appear
following the name of that attorney on all pleadings or papers submitted on
behalf of the party. (F) No attorney may withdraw from a commission proceeding without
prior written notice to the commission and serving a copy of the notice upon
the parties to the proceeding.
Last updated April 11, 2024 at 8:59 AM
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Rule 4901-1-09 | Ex parte discussion of cases.
Effective:
April 11, 2024
After a case has been assigned a formal docket
number, no commissioner or ALJ assigned to the case may discuss the merits of
the case with any party to the proceeding or a representative of a party,
unless all parties have been notified and given the opportunity to be present
or to participate by telephone, or a full disclosure of the communication
insofar as it pertains to the subject matter of the case is made. When an ex
parte discussion occurs, a representative of the party or parties participating
in the discussion shall prepare a document identifying all the participants and
the location of the discussion, and fully disclosing the communications made.
Within two business days of the occurrence of the ex parte discussion, the
document shall be provided to the commission's legal director, the legal
director's designee, or to an ALJ present at the discussion for review.
Upon completion of the review, the final document with any necessary changes
shall be filed with the commission's docketing division within two
business days and the filer shall serve a copy upon the parties to the case and
to each participant in the discussion. The document filed and served shall
include the following language: Any participant in the discussion who believes
that any representation made in this document is inaccurate or that the
communications made during the discussion have not been fully disclosed may
prepare a letter explaining the participant's disagreement with the
document, file the letter with the commission, and serve the letter upon all
parties and participants in the discussion within two business days of receipt
of this document.
Last updated April 11, 2024 at 8:59 AM
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Rule 4901-1-10 | Parties.
Effective:
April 11, 2024
(A) The parties to a commission
proceeding includes: (1) Any person who files
an application, petition, long-term forecast report, or complaint. (2) Any public utility,
railroad, or private motor carrier against whom a complaint is
filed. (3) Any public utility,
railroad, or private motor carrier whose rates, charges, practices, policies,
or actions are designated as the subject of a commission
investigation. (4) Any person granted
leave to intervene under rule 4901-1-11 of the Administrative
Code. (5) Any municipal corporation that has
enacted an ordinance which is subsequently challenged in a complaint filed
under section 4909.34 of the Revised Code. (6) Any person cited for failure to
maintain liability insurance as required by section 4921.09 of the Revised
Code. (7) Any person who files
a request for an administrative hearing in a transportation civil forfeiture
case. (8) Any other person expressly made a
party by order of the commission. (B) If any public utility, railroad, or
private motor carrier referred to in paragraph (A)(2) or (A)(3) of this rule is
operated by a receiver or trustee, the receiver or trustee shall also be made a
party. (C) Except for purposes of rules
4901-1-02, 4901-1-03, 4901-1-04, 4901-1-05, 4901-1-06, 4901-1-07, 4901-1-12,
4901-1-13, 4901-1-15, 4901-1-18, 4901-1-26, 4901-1-30, 4901-1-31, 4901-1-32,
4901-1-33, and 4901-1-34 of the Administrative Code, the commission staff is
not considered a party to any proceeding.
Last updated April 11, 2024 at 8:59 AM
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Rule 4901-1-11 | Intervention.
Effective:
April 11, 2024
(A) Upon timely motion, any person may
intervene in a proceeding upon a showing that: (1) A statute of this
state or the United States confers a right to intervene. (2) The person has a real
and substantial interest in the proceeding, and the person is so situated that
the disposition of the proceeding may, as a practical matter, impair or impede
his or her ability to protect that interest, unless the person's interest
is adequately represented by existing parties. (B) In deciding whether to permit
intervention under paragraph (A)(2) of this rule, the commission, the legal
director, the deputy legal director, or an ALJ should consider: (1) The nature and extent
of the prospective intervenor's interest. (2) The legal position
advanced by the prospective intervenor and its probable relation to the merits
of the case. (3) Whether the
intervention by the prospective intervenor will unduly prolong or delay the
proceedings. (4) Whether the
prospective intervenor will significantly contribute to full development and
equitable resolution of the factual issues. (5) The extent to which
the person's interest is represented by existing parties. (C) Any person desiring to intervene in a
proceeding shall file a motion to intervene with the commission, and shall
serve it upon all parties in accordance with rule 4901-1-05 of the
Administrative Code. The motion shall be accompanied by a memorandum in
support, setting forth the person's interest in the proceeding. The same
procedure applies where a statute of this state or the United States confers a
right to intervene. (D) Unless otherwise provided by law, the
commission, the legal director, the deputy legal director, or the ALJ
may: (1) Grant limited
intervention, which permits a person to participate with respect to one or more
specific issues, if the person has no real and substantial interest with
respect to the remaining issues or the person's interest with respect to
the remaining issues is adequately represented by existing
parties. (2) Require parties with
substantially similar interests to consolidate their examination of witnesses
or presentation of testimony. (E) A motion to intervene will not be
considered timely if it is filed later than five days prior to the scheduled
date of hearing or after any specific deadline established by order of the
commission for purposes of a particular proceeding. (F) A motion to intervene which is not
timely filed may at the discretion of the commission, the legal director, the
deputy legal director, or the ALJ, be granted for good cause
shown.
Last updated April 11, 2024 at 8:59 AM
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Rule 4901-1-12 | Motions.
Effective:
April 11, 2024
(A) All motions, unless made at a public
hearing or transcribed prehearing conference, or unless otherwise ordered for
good cause shown, shall be in writing and shall be accompanied by a memorandum
in support. The memorandum in support shall contain a brief statement of the
grounds for the motion and citations of any authorities relied
upon. (B) Except as otherwise provided in
paragraphs (C) and (F) of this rule: (1) Any party may file a
memorandum contra within fifteen days after the service of a motion, or such
other period as the commission, the legal director, the deputy legal director,
or the ALJ orders. (2) Any party may file a
reply memorandum within seven days after the service of a memorandum contra, or
such other period as the commission, the legal director, the deputy legal
director, or the ALJ orders. (C) Any motion may include a specific
request for an expedited ruling. The grounds for such a request shall be set
forth in the memorandum in support. If the motion requests an extension of time
to file pleadings or other papers of five days or less, an immediate ruling may
be issued without the filing of memoranda. In all other situations, the party
requesting an expedited ruling may first contact all other parties to determine
whether any party objects to the issuance of such a ruling without the filing
of memoranda. If the moving party certifies that no party objects to the
issuance of such a ruling, an immediate ruling may be issued. If any party
objects to the issuance of such a ruling, or if the moving party fails to
certify that no party has any objection, any party may file a memorandum contra
within seven days after the service of the motion, or such other period as the
commission, the legal director, the deputy legal director, or the ALJ orders.
No reply memoranda may be filed in such cases unless specifically requested by
the commission, the legal director, the deputy legal director, or the
ALJ. (D) All written motions and memoranda
shall be filed with the commission and served upon all parties in accordance
with rule 4901-1-05 of the Administrative Code. (E) For purposes of this rule, the term
"party" includes all persons who have filed motions to intervene
which are pending at the time a motion or memorandum is to be filed or
served. (F) Notwithstanding paragraphs (B) and
(C) of this rule, the commission, the legal director, the deputy legal
director, or the ALJ may, upon their own motion, issue an expedited ruling on
any motion, with or without the filing of memoranda, where the issuance of such
a ruling will not adversely affect a substantial right of any
party. (G) The presiding hearing officer may
direct that any motion made at a public hearing or transcribed prehearing
conference be reduced to writing and filed and served in accordance with this
rule. (H) A motion for a hearing on a long-term
forecast report under division (D)(3) of section 4935.04 of the Revised Code
shall be filed within forty-five days of the filing of the report.
Last updated April 11, 2024 at 9:00 AM
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Rule 4901-1-13 | Continuances and extensions of time.
Effective:
April 11, 2024
(A) Except as otherwise provided by law,
and notwithstanding any other provision in this chapter, continuances of public
hearings and extensions of time to file pleadings or other papers may be
granted upon motion of any party for good cause shown, or upon motion of the
commission, the legal director, the deputy legal director, or an
ALJ. (B) A motion for an extension of time to
file a document must be timely filed so as to permit the commission, legal
director, deputy legal director, or ALJ sufficient time to consider the request
and to make a ruling prior to the established filing date. If two or more
parties have similar documents due the same day and a party intends to seek an
extension of the filing date, the moving party must file its motion for an
extension sufficiently in advance of the existing filing date so that other
parties who might be disadvantaged by submitting their filing prior to the
movant submitting its filing will not be disadvantaged. If two or more parties
have similar documents due the same day and the motion for an extension is
filed fewer than five business days before the document is scheduled to be
filed, then the moving party, in addition to regular service of the motion for
an extension, must provide a brief summary of the request to all other parties
no later than five-thirty p.m. on the day the motion is filed. (C) A copy of any written ruling granting or denying a
request for a continuance or extension of time shall be served upon all parties
to the proceeding. (D) Nothing in this rule restricts or limits the authority
of the presiding hearing officer to issue oral rulings during public hearings
or transcribed prehearing conferences.
Last updated April 11, 2024 at 9:00 AM
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Rule 4901-1-14 | Procedural rulings.
Effective:
April 11, 2024
The legal director, the deputy legal director, or
an ALJ may rule, in writing, upon any procedural motion or other procedural
matter. A copy of any such ruling will be served upon all parties to the
proceeding.
Last updated April 11, 2024 at 9:00 AM
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Rule 4901-1-15 | Interlocutory appeals.
Effective:
April 11, 2024
(A) Any party who is adversely affected
thereby may take an immediate interlocutory appeal to the commission from any
ruling issued under rule 4901-1-14 of the Administrative Code or any oral
ruling issued during a public hearing or prehearing conference that does any of
the following: (1) Grants a motion to
compel discovery or denies a motion for a protective order. (2) Denies a motion to
intervene, terminates a party's right to participate in a proceeding, or
requires intervenors to consolidate their examination of witnesses or
presentation of testimony. (3) Refuses to quash a
subpoena. (4) Requires the
production of documents or testimony over an objection based on
privilege. (B) Except as provided in paragraph (A)
of this rule, no party may take an interlocutory appeal from any ruling issued
under rule 4901-1-14 of the Administrative Code or any oral ruling issued
during a public hearing or prehearing conference unless the appeal is certified
to the commission by the legal director, deputy legal director, ALJ, or
presiding hearing officer. The legal director, deputy legal director, ALJ, or
presiding hearing officer will not certify such an appeal unless he or she
finds that the appeal presents a new or novel question of interpretation, law,
or policy, or is taken from a ruling which represents a departure from past
precedent and an immediate determination by the commission is needed to prevent
the likelihood of undue prejudice or expense to one or more of the parties,
should the commission ultimately reverse the ruling in question. (C) Any party wishing to take an
interlocutory appeal from any ruling must file the interlocutory appeal with
the commission within five days after the ruling is issued. An extension of
time for the filing of an interlocutory appeal may be granted only under
extraordinary circumstances. The interlocutory appeal shall set forth the basis
of the appeal and citations of any authorities relied upon. A copy of the
ruling or the portion of the record that contains the ruling shall be attached
to the interlocutory appeal. If the record is unavailable, the interlocutory
appeal must set forth the date the ruling was issued and must describe the
ruling with reasonable particularity. (D) Unless otherwise ordered by the
commission, any party may file a memorandum contra within five days after the
filing of an interlocutory appeal. (E) Upon consideration of an
interlocutory appeal, the commission may, in its discretion
either: (1) Affirm, reverse, or
modify the ruling. (2) Dismiss the appeal,
if the commission is of the opinion that the issues presented are moot, the
party taking the appeal lacks the requisite standing to raise the issues
presented or has failed to show prejudice as a result of the ruling in
question, or the issues presented should be deferred and raised at some later
point in the proceeding. (F) Any party that is adversely affected
by a ruling issued under rule 4901-1-14 of the Administrative Code or any oral
ruling issued during a public hearing or prehearing conference and that (1)
elects not to take an interlocutory appeal from the ruling or (2) files an
interlocutory appeal that is not certified by the ALJ may still raise the
propriety of that ruling as an issue for the commission's consideration by
discussing the matter as a distinct issue in its initial brief or in any other
appropriate filing prior to the issuance of the commission's opinion and
order or finding and order in the case.
Last updated April 11, 2024 at 9:00 AM
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Rule 4901-1-16 | General provisions and scope of discovery.
Effective:
April 11, 2024
(A) The purpose of rules 4901-1-16 to
4901-1-24 of the Administrative Code is to encourage the prompt and expeditious
use of prehearing discovery in order to facilitate thorough and adequate
preparation for participation in commission proceedings. This chapter is also
intended to minimize commission intervention in the discovery
process. (B) Except as otherwise provided in
paragraphs (G) and (I) of this rule, any party to a commission proceeding may
obtain discovery of any matter, not privileged, which is relevant to the
subject matter of the proceeding. It is not a ground for objection that the
information sought would be inadmissible at the hearing, if the information
sought appears reasonably calculated to lead to the discovery of admissible
evidence. Discovery may be obtained through interrogatories, requests for the
production of documents and things or permission to enter upon land or other
property, depositions, and requests for admission. Aside from the express
limits reflected in Chapter 4901-1 of the Administrative Code, the frequency of
using these discovery methods is not limited unless the commission orders
otherwise under rule 4901-1-24 of the Administrative Code. (C) Any party may, through
interrogatories, require any other party to identify each expert witness
expected to testify at the hearing and to state the subject matter on which the
expert is expected to testify. Thereafter, any party may discover from the
expert or other party facts or data known or opinions held by the expert which
are relevant to the stated subject matter. A party who has retained or
specially employed an expert may, with the approval of the commission, require
the party conducting discovery to pay the expert a reasonable fee for the time
spent responding to discovery requests. (D) Discovery responses which are
complete when made need not be supplemented with subsequently acquired
information except in the following situations: (1) The response
identified each expert witness expected to testify at the hearing or stated the
subject matter upon which each expert was expected to testify. (2) The responding party
later learned that the response was incorrect or otherwise materially
deficient. (3) The response
indicated that the information sought was unknown or nonexistent and such
information subsequently became known or existent. (4) An order of the
commission or agreement of the parties provides for the supplementation of
responses. (5) Reasonable requests
for the supplementation of responses are submitted prior to the commencement of
the hearing. (6) The response
addressed the identity and location of persons having knowledge of discoverable
matters. (E) The supplementation of responses
required under paragraphs (D)(1) to (D)(3) and (D)(6) of this rule shall be
provided within five business days of discovery of the new
information. (F) Nothing in rules 4901-1-16 to
4901-1-24 of the Administrative Code precludes parties from conducting informal
discovery by mutually agreeable methods or by stipulation. (G) A discovery request under rules
4901-1-19 to 4901-1-22 of the Administrative Code may not seek information from
any party which is available in prefiled testimony, prehearing data
submissions, or other documents which that party has filed with the commission
in the pending proceeding. Before serving any discovery request, a party must
first make a reasonable effort to determine whether the information sought is
available from such sources. (H) For purposes of rules 4901-1-16 to
4901-1-24 of the Administrative Code, the term "party" includes any
person who has filed a motion to intervene which is pending at the time a
discovery request or motion is to be served or filed. (I) Rules 4901-1-16 to 4901-1-24 of the
Administrative Code do not apply to the commission staff.
Last updated April 11, 2024 at 9:01 AM
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Rule 4901-1-17 | Time periods for discovery.
Effective:
April 11, 2024
(A) Except as provided in paragraph (E)
of this rule, discovery may begin immediately after a proceeding is commenced
and should be completed as expeditiously as possible. Unless otherwise ordered
for good cause shown, discovery must be completed prior to the commencement of
the hearing. (B) In general rate proceedings, no party
may serve a discovery request later than fourteen days after the filing and
mailing of the staff report of investigation under section 4909.19 of the
Revised Code. (C) In emergency rate proceedings, no
party may serve a discovery request later than twenty days prior to the
commencement of the hearing. (D) In purchased gas adjustment
proceedings, no party may serve a discovery request later than thirty days
after the filing of the audit report under rule 4901:1-14-07 of the
Administrative Code. (E) In long-term forecast report
proceedings, no party may serve a discovery request later than twenty-five days
prior to the commencement of the evidentiary hearing. Discovery may begin in
long-term forecast report proceedings: (1) Immediately after the
filing with the commission of a long-term forecast report which contains a
substantial change from the preceding report as defined by section 4935.04 of
the Revised Code. (2) Immediately after the
filing with the commission of a long-term forecast report when the most recent
hearing on a forecast report by the reporting person has been more than four
years prior. (3) Immediately after
good cause to conduct a hearing on a long-term forecast report has been
determined by order of the commission. (4) Immediately after a
reporting person files its first long-term forecast report under section
4935.04 of the Revised Code. (F) The restrictions set forth in
paragraphs (B), (C), (D), and (E) of this rule do not apply to requests for the
supplementation of prior responses served under paragraph (D)(5) of rule
4901-1-16 of the Administrative Code. (G) Notwithstanding the provisions of
paragraphs (B), (C), (D), and (E) of this rule, the commission, the legal
director, the deputy legal director, or an ALJ may shorten or enlarge the time
periods for discovery, upon their own motion or upon motion of any party for
good cause shown.
Last updated April 11, 2024 at 9:01 AM
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Rule 4901-1-18 | Filing and service of discovery requests and responses.
Effective:
April 11, 2024
Except as otherwise provided in rules 4901-1-23 and
4901-1-24 of the Administrative Code, and unless otherwise ordered for good
cause shown, discovery requests and responses shall be served upon all parties
but should not be filed with the commission. Discovery requests and responses
shall be served upon staff counsel if staff is participating in the proceeding.
For purposes of this rule, the term "response" includes written
responses or objections to interrogatories served under rule 4901-1-19 of the
Administrative Code, written responses or objections to requests for the
production of documents or tangible things or requests for permission to enter
upon land or other property served under rule 4901-1-20 of the Administrative
Code, and written responses or objections to requests for admission served
under rule 4901-1-22 of the Administrative Code. It does not include any
documents or tangible things produced for inspection or copying under rule
4901-1-20 of the Administrative Code. Discovery requests and responses shall be
served upon all parties to the proceeding by email, unless otherwise ordered by
the commission, legal director, deputy legal director, or ALJ. The electronic
copy of the discovery requests should be reasonably useable for word processing
and provided by email, unless other means are agreed to by the parties.
Last updated April 11, 2024 at 9:01 AM
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Rule 4901-1-19 | Interrogatories and response time.
Effective:
April 11, 2024
(A) Any party may serve upon any other
party written interrogatories, to be answered by the party served. If the party
served is a corporation, partnership, association, government agency, or
municipal corporation, it shall designate one or more of its officers, agents,
or employees to answer the interrogatories, who shall furnish such information
as is available to the party. Each interrogatory shall be answered separately
and fully, in writing and under oath, unless it is objected to, in which case
the reason for the objection shall be stated in lieu of an answer. The answers
shall be signed by the person making them, and the objections shall be signed
by the attorney or other person making them. The party upon whom the
interrogatories have been served shall serve a copy of the answers or
objections upon the party submitting the interrogatories and all other parties
within twenty days after the service thereof, or within such shorter or longer
time as the commission, the legal director, the deputy legal director, or an
ALJ may allow. The party submitting the interrogatories may move for an order
under rule 4901-1-23 of the Administrative Code with respect to any objection
or other failure to answer an interrogatory. (B) Subject to the scope of discovery set
forth in rule 4901-1-16 of the Administrative Code, interrogatories may elicit
facts, data, or other information known or readily available to the party upon
whom the interrogatories are served. An interrogatory which is otherwise proper
is not objectionable merely because it calls for an opinion, contention, or
legal conclusion, but the commission, the legal director, the deputy legal
director, or the ALJ may direct that such interrogatory need not be answered
until certain designated discovery has been completed, or until some other
designated time. The answers to interrogatories may be used to the extent
permitted by the rules of evidence, but such answers are not conclusive and may
be rebutted or explained by other evidence. (C) Where the answer to an interrogatory
may be derived or ascertained from public documents on file in this state, or
from documents which the party served with the interrogatory has furnished to
the party submitting the interrogatory within the preceding twelve months, it
is a sufficient answer to such interrogatory to specify the title of the
document, the location of the document or the circumstances under which it was
furnished to the party submitting the interrogatory, and the page or pages from
which the answer may be derived or ascertained. (D) Where the answer to an interrogatory
may be derived or ascertained from the business records of the party upon whom
the interrogatory has been served or from an examination, audit, or inspection
of such records, and the burden of deriving the answer is substantially the
same for the party submitting the interrogatory as for the party served, it is
a sufficient answer to such interrogatory to specify the records from which the
answer may be derived or ascertained and to afford the party submitting the
interrogatory a reasonable opportunity to examine, audit, or inspect such
records.
Last updated April 11, 2024 at 9:02 AM
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Rule 4901-1-20 | Production of documents and things; entry upon land or other property.
Effective:
April 11, 2024
(A) Subject to the scope of discovery set
forth in rule 4901-1-16 of the Administrative Code, any party may serve upon
any other party a written request to: (1) Produce and permit
the party making the request, or someone acting on his or her behalf, to
inspect and copy any designated documents, including writings, drawings,
graphs, charts, photographs, or data compilations, which are in the possession,
custody, or control of the party upon whom the request is served. (2) Produce for
inspection, copying, sampling, or testing any tangible things which are in the
possession, control, or custody of the party upon whom the request is
served. (3) Permit entry upon
designated land or other property for the purpose of inspecting, measuring,
surveying, photographing, testing, or sampling the property or any designated
object or operation thereon. (B) The request shall set forth the items
to be inspected either by individual item or by category, and shall describe
each category with reasonable particularity. The request shall also specify a
reasonable time, place, and manner for conducting the inspection and performing
the related acts. (C) The party upon whom the request is
served shall serve a written response within twenty days after the service of
the request, or within such shorter or longer time as the commission, the legal
director, the deputy legal director, or an ALJ may allow. The response shall
state, with respect to each item or category, that the inspection and related
activities will be permitted as requested, unless the request is objected to,
in which case the reason for the objection shall be stated. If an objection is
made to part of an item or category, that part shall be specified. The party
submitting the request may move for an order under rule 4901-1-23 of the
Administrative Code with respect to any objection or other failure to respond
to a request or any part thereof, or any failure to permit inspection as
requested. (D) Where a request calls for the
production of a public document on file in this state, or a document which the
party upon whom the request is served has furnished to the party submitting the
request within the preceding twelve months, it is a sufficient response to such
request to specify the location of the document or the circumstances under
which the document was furnished to the party submitting the
request.
Last updated April 11, 2024 at 9:02 AM
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Rule 4901-1-21 | Depositions.
Effective:
April 11, 2024
(A) Any party to a pending commission
proceeding may take the testimony of any other party or person, other than a
member of the commission staff, by deposition upon oral examination with
respect to any matter within the scope of discovery set forth in rule 4901-1-16
of the Administrative Code. The attendance of witnesses and production of
documents may be compelled by subpoena as provided in rule 4901-1-25 of the
Administrative Code. (B) Any party desiring to take the
deposition of any person upon oral examination shall give reasonable notice in
writing to the deponent, to all parties, and to the commission. The notice
shall state the time and place for taking the deposition and the name and
address of each person to be examined, if known, or if the name is not known, a
general description sufficient for identification. If a subpoena duces tecum is
to be served upon the person to be examined, a designation of the materials to
be produced thereunder shall be attached to or included in the notice. Notice
to the commission is made by filing a copy of the notice of deposition provided
to the person to be deposed or a copy of the subpoena in the case
file. (C) If any party shows that he or she was
unable with the exercise of diligence to obtain counsel to represent him or her
at the taking of a deposition, the deposition may not be used against such
party. (D) The commission, the legal director,
the deputy legal director, or an ALJ, in response to the filing of a motion,
may order that a deposition be recorded by other than stenographic means, in
which case the order will designate the manner of recording the deposition, and
may include provisions to assure that the recorded testimony will be accurate
and trustworthy. If such an order is made, any party may arrange to have a
stenographic transcription made at his or her own expense. (E) The notice to a party deponent may be
accompanied by a request, made in compliance with rule 4901-1-20 of the
Administrative Code, for the production of documents or tangible things at the
taking of the deposition. (F) A party may in the notice and in a
subpoena name a corporation, partnership, association, government agency, or
municipal corporation and designate with reasonable particularity the matters
on which examination is requested. The organization so named shall choose one
or more of its officers, agents, employees, or other persons duly authorized to
testify on its behalf, and shall set forth, for each person designated, the
matters on which he or she will testify. The persons so designated shall
testify as to matters known or reasonably available to the
organization. (G) Depositions may be taken before any
person authorized to administer oaths under the laws of the jurisdiction in
which the deposition is taken, or before any person appointed by the
commission. Unless all of the parties expressly agree otherwise, no deposition
may be taken before any person who is a relative, employee, or attorney of any
party, or a relative or employee of such attorney. (H) The person before whom the deposition
is to be taken shall put the witness under oath or affirmation, and shall
personally or by someone acting under his direction and in his presence record
the testimony of the witness. Examination and cross-examination may proceed as
permitted in commission hearings. The testimony shall be recorded
stenographically or by any other means ordered under paragraph (D) of this
rule. If requested by any of the parties, the testimony shall be transcribed at
the expense of the party making the request. (I) All objections made at the time of
the examination to the qualifications of the officer taking the deposition, or
to the manner of taking it, or to the evidence presented, or to the conduct of
any party, and any other objection to the proceedings shall be noted by the
officer upon the deposition. Evidence objected to shall be taken subject to the
objections. In lieu of participating in the oral examination, parties may serve
written questions in a sealed envelope upon the party taking the deposition,
who shall transmit them to the officer to propound them to the witness and
record the answers verbatim. (J) At any time during the taking of a
deposition, the commission, the legal director, the deputy legal director, or
the ALJ, in response to a motion of any party or the deponent and upon a
showing that the examination is being conducted in bad faith or in such a
manner as to unreasonably annoy, embarrass, or oppress the deponent or party,
may order the person conducting the examination to cease taking the deposition,
or may limit the scope and manner of taking the deposition as provided in rule
4901-1-24 of the Administrative Code. Upon demand of the objecting party or
deponent, the taking of the deposition shall be suspended for the time
necessary to make a motion for such an order. (K) If and when the testimony is fully
transcribed, the deposition shall be submitted to the witness for examination
and shall be read to or by him or her, unless such examination and reading are
expressly waived by the witness and the parties. Any changes in form or
substance that the witness desires to make may be entered upon the deposition
by the officer with a statement of the reasons given by the witness for making
the changes. The deposition shall then be signed by the witness unless the
signing is expressly waived by the parties or the witness is ill or cannot be
found or refuses to sign. If the deposition is not signed by the witness within
ten days after its submission to him or her, the officer shall sign it and
state on the record the fact of the waiver or the illness or absence of the
witness, or the fact of the refusal to sign together with the reasons, if any,
given for such refusal. The deposition may then be used as fully as though
signed, unless the commission, the legal director, the deputy legal director,
or the ALJ, upon motion to suppress, holds that the reasons given for the
refusal to sign require rejection of the deposition in whole or in
part. (L) The officer shall certify on the
deposition that the witness was duly sworn by him or her and that the
deposition is a true record of the testimony given by the witness. Upon payment
of reasonable charges therefor, the officer shall furnish a copy of the
deposition to any party or to the deponent. (M) Documents and things produced for
inspection during the examination of the witness shall, upon request of any
party, be marked for identification and annexed to the deposition, except
that: (1) The person producing
the materials may substitute copies to be marked for identification, if all
parties are afforded a fair opportunity to verify the copies by comparison with
the originals, (2) If the person
producing the materials requests their return, the officer shall mark them,
give each party an opportunity to inspect and copy them, and return them to the
person producing them, and the materials may then be used in the same manner as
if annexed to the deposition. (N) Except as stated in paragraph (N)(2)
of this rule, depositions may be used in commission hearings to the same extent
permitted in civil actions in the court of common pleas. (1) Unless otherwise ordered for good
cause shown, any depositions to be used as evidence must be filed with the
commission at least three days prior to the commencement of the hearing. A
deposition need not be prefiled if used to impeach the testimony of a witness
at hearing. (2) Unless otherwise
ordered for good cause shown, a deposition cannot be used as substantive
evidence in lieu of the deponent appearing to present testimony at
hearing.
Last updated April 11, 2024 at 9:02 AM
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Rule 4901-1-22 | Requests for admission.
Effective:
April 11, 2024
(A) Any party may serve upon any other
party a written request for the admission, for purposes of the pending
proceeding only, of the truth of any specific matter within the scope of
discovery set forth in rule 4901-1-16 of the Administrative Code, including the
genuineness of any documents described in the request. Copies of any such
documents shall be served with the request unless they are or have been
otherwise furnished for inspection or copying. Objections are to be separately
noted and not combined with answers to requests for admission. (B) Each matter of which an admission is
requested shall be separately set forth. The party to whom a request for
admission has been directed shall quote each request for admission immediately
preceding the corresponding answer or objection. The matter is admitted unless,
within twenty days after the service of the request, or within such shorter or
longer time as the commission, the legal director, the deputy legal director,
or an ALJ may allow, the party to whom the request is directed serves upon the
party requesting the admission a written answer or objection, signed by the
party or by his or her attorney. If an objection is made, the reasons therefor
shall be stated. The answer shall specifically deny the matter or set forth in
detail the reasons why the answering party cannot truthfully make an admission
or denial. A denial shall fairly meet the substance of the requested admission,
and when good faith requires that a party qualify his or her answer or deny
only part of the matter of which an admission is requested, the party shall
specify that portion which is true and qualify or deny the remainder. An
answering party may not give lack of information as a reason for failure to
admit or deny a matter unless the party states that he or she has made
reasonable inquiry and that information known or readily obtainable is
insufficient to enable him or her to make an admission or denial. A party who
considers the truth of a matter of which an admission has been requested to be
a genuine issue for the hearing may not, on that basis alone, object to the
request, but may deny the matter or set forth the reasons why an admission or
denial cannot be made. (C) Any party who has requested an
admission may move for an order under rule 4901-1-23 of the Administrative Code
with respect to any answer or objection. Unless it appears that an objection is
justified, the commission, the legal director, the deputy legal director, or
the ALJ will order that answer be served. If an answer fails to comply with the
requirements of this rule, the commission, the legal director, the deputy legal
director, or the ALJ may: (1) Order that the matter
be admitted for purposes of the pending proceeding. (2) Order that an amended
answer be served. (3) Determine that final
disposition of the matter should be deferred until a prehearing conference or
some other designated time prior to the commencement of the
hearing. (D) Unless otherwise ordered by the
commission, the legal director, the deputy legal director, or the ALJ, any
matter admitted under this rule is conclusively established against the party
making the admission, but such admission may be rebutted by evidence offered by
any other party. An admission under this rule is an admission for purposes of
the pending proceeding only and may not be used for any other
purpose. (E) If any party refuses to admit the
truth of a matter which is subsequently proved at the hearing, and the
commission determines that the party's refusal to admit the truth of the
matter was not justified, the commission may impose a portion of the costs of
the proceeding upon such party, in accordance with the second division of
section 4903.24 of the Revised Code.
Last updated April 11, 2024 at 9:02 AM
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Rule 4901-1-23 | Motions to compel discovery.
Effective:
April 11, 2024
(A) Any party, upon reasonable notice to
all other parties and any persons affected thereby, may move for an order
compelling discovery, with respect to: (1) Any failure of a
party to answer an interrogatory served under rule 4901-1-19 of the
Administrative Code. (2) Any failure of a
party to produce a document or tangible thing or permit entry upon land or
other property as requested under rule 4901-1-20 of the Administrative
Code. (3) Any failure of a
deponent to appear or to answer a question propounded under rule 4901-1-21 of
the Administrative Code. (4) Any other failure to
answer or respond to a discovery request made under rules 4901-1-19 to
4901-1-22 of the Administrative Code. (B) For purposes of this rule, an evasive
or incomplete answer will be treated as a failure to answer. (C) No motion to compel discovery may be
filed under this rule until the party seeking discovery has exhausted all other
reasonable means of resolving any differences with the party or person from
whom discovery is sought. A motion to compel discovery shall be accompanied
by: (1) A memorandum in
support, setting forth: (a) The specific basis of the motion, and citations of any
authorities relied upon. (b) A brief explanation of how the information sought is relevant
to the pending proceeding. (c) Responses to any objections raised by the party or person
from whom discovery is sought. (2) Copies of any
specific discovery requests which are the subject of the motion to compel and
copies of any responses or objections thereto. (3) An affidavit of
counsel, or of the party seeking to compel discovery if such party is not
represented by counsel, setting forth the efforts which have been made to
resolve any differences with the party or person from whom discovery is
sought. (D) The commission, the legal director,
the deputy legal director, or an ALJ may grant or deny the motion in whole or
in part. If the motion is denied in whole or in part, the commission, the legal
director, the deputy legal director, or the ALJ may issue such protective order
as would be appropriate under rule 4901-1-24 of the Administrative
Code. (E) Any order of the legal director, the
deputy legal director, or an ALJ granting a motion to compel discovery in whole
or in part may be appealed to the commission in accordance with rule 4901-1-15
of the Administrative Code. If no application for review is filed within the
time limit set forth in that rule, the order of the legal director, the deputy
legal director, or the ALJ becomes the order of the commission. (F) If any party or person disobeys an
order of the commission compelling discovery, the commission may: (1) Seek appropriate
judicial relief against the disobedient person or party under section 4903.04
or 4905.60 of the Revised Code. (2) Prohibit the
disobedient party from further participating in the pending
proceeding. (3) Prohibit the
disobedient party from supporting or opposing designated claims or defenses, or
from introducing evidence or conducting cross-examination on designated
matters. (4) Dismiss the pending
proceeding, if such proceeding was initiated by an application, petition, or
complaint filed by the disobedient party, unless such a dismissal would
unjustly prejudice any other party. (5) Take such other
action as the commission considers appropriate.
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Rule 4901-1-24 | Motions for protective orders.
Effective:
April 11, 2024
(A) Upon motion of any party or person
from whom discovery is sought, the commission, the legal director, the deputy
legal director, or an ALJ may issue any order that is necessary to protect a
party or person from annoyance, embarrassment, oppression, or undue burden or
expense. Such a protective order may provide that: (1) Discovery not be
had. (2) Discovery may be had
only on specified terms and conditions. (3) Discovery may be had
only by a method of discovery other than that selected by the party seeking
discovery. (4) Certain matters not
be inquired into. (5) The scope of
discovery be limited to certain matters. (6) Discovery be
conducted with no one present except persons designated by the commission, the
legal director, the deputy legal director, or the ALJ. (7) A trade secret or
other confidential research, development, commercial, or other information not
be disclosed or be disclosed only in a designated way. (8) Information acquired
through discovery be used only for purposes of the pending proceeding, or that
such information be disclosed only to designated persons or classes of
persons. (B) No motion for a protective order
shall be filed under paragraph (A) of this rule until the person or party
seeking the order has exhausted all other reasonable means of resolving any
differences with the party seeking discovery. A motion for a protective order
filed pursuant to paragraph (A) of this rule shall be accompanied
by: (1) A memorandum in
support, setting forth the specific basis of the motion and citations of any
authorities relied upon. (2) Copies of any
specific discovery requests that are the subject of the request for a
protective order. (3) An affidavit of
counsel, or of the person seeking a protective order if such person is not
represented by counsel, setting forth the efforts that have been made to
resolve any differences with the party seeking discovery. (C) If a motion for a protective order
filed pursuant to paragraph (A) of this rule is denied in whole or in part, the
commission, the legal director, the deputy legal director, or the ALJ may
require that the party or person seeking the order provide or permit discovery,
on such terms and conditions as are just. (D) Upon motion of any party or person
with regard to the filing of a document with the commission's docketing
division relative to a case before the commission, the commission, the legal
director, the deputy legal director, or an ALJ may issue any order which is
necessary to protect the confidentiality of information contained in the
document, to the extent that state or federal law prohibits release of the
information, including where the information is deemed by the commission, the
legal director, the deputy legal director, or the ALJ to constitute a trade
secret under Ohio law, and where nondisclosure of the information is not
inconsistent with the purposes of Title 49 of the Revised Code. Any order
issued under this paragraph will minimize the amount of information protected
from public disclosure. The following requirements apply to a motion filed
under this paragraph: (1) All documents
submitted pursuant to paragraph (D) of this rule should be filed with only such
information redacted as is essential to prevent disclosure of the allegedly
confidential information. Such redacted documents should be filed with the
otherwise required number of copies for inclusion in the public case
file. (2) Two unredacted copies
of the allegedly confidential information shall be filed under seal, along with
a motion for protection of the information, with the secretary of the
commission, the chief of the docketing division, or the chief's designee.
Each page of the allegedly confidential material filed under seal must be
marked as "confidential," "proprietary," or "trade
secret." (3) The motion for
protection of allegedly confidential information shall be accompanied by a
memorandum in support setting forth the specific basis of the motion, including
a detailed discussion of the need for protection from disclosure, and citations
of any authorities relied upon. The motion and memorandum in support shall be
made part of the public record of the proceeding. (E) Pending a ruling on a motion filed in
accordance with paragraph (D) of this rule, the information filed under seal
will not be included in the public record of the proceeding or disclosed to the
public until otherwise ordered. The commission and its employees will undertake
reasonable efforts to maintain the confidentiality of the information pending a
ruling on the motion. A document or portion of a document filed with the
docketing division that is marked "confidential,"
"proprietary," or "trade secret," or with any other such
marking will not be afforded confidential treatment and protected from
disclosure unless it is filed in accordance with paragraph (D) of this
rule. (F) Unless otherwise ordered, any order
prohibiting public disclosure pursuant to paragraph (D) of this rule
automatically expires twenty-four months after the date of its issuance, and
such information may then be included in the public record of the proceeding. A
party wishing to extend a protective order beyond twenty-four months shall file
an appropriate motion at least forty-five days in advance of the expiration
date of the existing order. The motion shall include a detailed discussion of
the need for continued protection from disclosure. A timely-filed motion will
be automatically approved on the expiration date of the existing order, unless
otherwise ordered by the commission. Nothing precludes the commission from
reexamining the need for protection de novo if there is an application for
rehearing on confidentiality or a public records request for the redacted
information. (G) The requirements of this rule do not
apply to information submitted to the commission staff. However, information
submitted directly to the legal director, the deputy legal director, or the ALJ
that is not filed in accordance with the requirements of paragraph (D) of this
rule may be filed with the docketing division as part of the public record. No
document received via fax will be given confidential treatment by the
commission.
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Rule 4901-1-25 | Subpoenas.
Effective:
April 11, 2024
(A) The commission, any commissioner, the
legal director, the deputy legal director, or an ALJ may issue subpoenas upon
their own motion or upon motion of any party. A subpoena shall command the
person to whom it is directed to attend and give testimony at the time and
place specified therein. A subpoena may also command such person to produce the
books, papers, documents, or other tangible things described therein. A party
may request a subpoena by either of the following methods: (1) A party may file a
motion for a subpoena with the docketing division. A completed subpoena form,
ready for signature, shall accompany the motion. The ALJ assigned to the case,
or the legal director or deputy legal director or their designee, will review
the filing and, if appropriate, sign the subpoena. The ALJ, legal director,
deputy legal director, or designee will return via United States mail the
signed subpoena, with a cover letter, to the party that filed the motion. A
copy of the cover letter will be docketed in the case file. (2) To receive expedited
treatment, a motion for a subpoena and the subpoena itself should first be
submitted in person to the ALJ assigned to the case, or to the legal director
or a designee, for signature of the subpoena. After the subpoena is signed, a
copy of the motion for a subpoena and a copy of the signed subpoena shall then
be filed with the docketing division by the requesting party and served upon
the parties to the case. The person seeking the subpoena shall retain the
original signed subpoena and make arrangements for its service. (B) Arranging for service of a signed
subpoena is the responsibility of the person requesting the subpoena. A
subpoena may be served by any other person who is not a party and who is not
less than eighteen years of age. Service of a subpoena upon a person named
therein shall be made by delivering it to such person, or by reading it to him
or her in person, leaving it at his or her place of residence, leaving it at
his or her business address if the person is a party or employee of a party to
the case, or mailing the subpoena via United States mail as certified or
express mail, return receipt requested, with instructions to the delivering
postal authority to show to whom delivered, date of delivery, and address where
delivered. A subpoena may be served at any place within this state. The person
serving the subpoena shall file a return thereof with the docketing division.
When the subpoena is served by mail, the person filing the return shall include
the signed receipt with the return. (C) The commission, the legal director,
the deputy legal director, or an ALJ, upon their own motion or upon motion of
any party, may quash a subpoena if it is unreasonable or oppressive, or
condition the denial of such a motion upon the advancement by the party on
whose behalf the subpoena was issued of the reasonable costs of producing the
books, papers, documents, or other tangible things described
therein. (D) A subpoena may require a person,
other than a member of the commission staff, to attend and give testimony at a
deposition, and to produce designated books, papers, documents, or other
tangible things within the scope of discovery set forth in rule 4901-1-16 of
the Administrative Code. Such a subpoena is subject to the provisions of rule
4901-1-24 of the Administrative Code as well as paragraph (C) of this
rule. (E) Unless otherwise ordered for good
cause shown, all motions for subpoenas requiring the attendance of witnesses at
a hearing must be filed with the commission no later than ten days prior to the
commencement of the hearing or, if expedited treatment is requested, no later
than five days prior to the commencement of the hearing. (F) Any persons subpoenaed to appear at a
commission hearing, other than a party or an officer, agent, or employee of a
party, shall receive the same witness fees and mileage expenses provided in
civil actions as provided in section 2335.06 of the Revised Code . For purposes
of this paragraph, the term "employee" includes consultants and other
persons retained or specially employed by a party for purposes of the
proceeding. If the witness is subpoenaed at the request of one or more parties,
the witness fees and mileage expenses shall be paid by such party or parties.
If the witness is subpoenaed upon motion of the commission, a commissioner, the
legal director, the deputy legal director, or an ALJ, the witness fees and
mileage expenses will be paid by the state, in accordance with section 4903.05
of the Revised Code. Unless otherwise ordered, a motion for a subpoena
requiring the attendance of a witness at a hearing shall be accompanied by a
deposit in the form of a check made payable to the person subpoenaed sufficient
to cover the required witness fees and mileage expenses for one day's
attendance. A separate deposit is required for each witness. The deposit shall
be tendered to the fiscal officer of the commission, who shall tender the check
to the witness when the hearing is completed. The fiscal officer shall attempt
to resolve any payment controversies between the parties. The fiscal officer
shall bring any unresolved controversies to the attention of the commission,
the legal director, the deputy legal director, or the ALJ for
resolution. (G) If any person fails to obey a
subpoena issued by the commission, a commissioner, the legal director, the
deputy legal director, or an ALJ, the commission may seek appropriate judicial
relief against such person under section 4903.02 or 4903.04 of the Revised
Code. (H) A sample subpoena is provided in the
appendix to this rule.
View Appendix
Last updated April 11, 2024 at 9:03 AM
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Rule 4901-1-26 | Prehearing conferences.
Effective:
April 11, 2024
(A) In any proceeding, the commission,
the legal director, the deputy legal director, or an ALJ may, upon motion of
any party or upon their own motion, hold one or more prehearing conferences for
the purpose of: (1) Resolving outstanding
discovery matters, including: (a) Ruling on pending motions to compel discovery or motions for
protective orders. (b) Establishing a schedule for the completion of
discovery. (2) Ruling on any other
pending procedural motions. (3) Identifying the
witnesses to be presented in the proceeding and the subject matter of their
testimony. (4) Identifying and
marking exhibits to be offered in the proceeding. (5) Discussing possible
admissions or stipulations regarding issues of fact or the authenticity of
documents. (6) Clarifying and/or
settling the issues involved in the proceeding. (7) Discussing or ruling
on any other procedural matter that the commission or the presiding hearing
officer considers appropriate. (B) Reasonable notice of any prehearing
conference will be provided to all parties when possible. Unless otherwise
ordered for good cause shown, the failure of a party to attend a prehearing
conference constitutes a waiver of any objection to the agreements reached or
rulings made at such conference. (C) Prior to a prehearing conference, the
commission, the legal director, the deputy legal director, or the ALJ assigned
to the case may, upon motion of any party or upon their own motion, require
that all parties to the proceeding file with the commission and serve upon all
other parties a list of the issues the party intends to raise at the hearing.
Issues must be specifically identified and described and the presiding hearing
officer may, upon motion of any party or upon his or her own motion, strike
issues which do not meet this requirement. In any proceeding in which lists of
issues are required, no party may be permitted to raise an issue at hearing
that was not set forth in its list, except for good cause shown. (D) Following the conclusion of a
prehearing conference, the commission, the legal director, the deputy legal
director, or the ALJ may issue an appropriate prehearing order, reciting or
summarizing any agreements reached or rulings made at such conference. Unless
otherwise ordered for good cause shown, such order is binding upon all persons
who are or subsequently become parties, and controls the subsequent course of
the proceeding. (E) Evidence of (1) furnishing or
offering or promising to furnish, or (2) accepting or offering or promising to
accept a valuable consideration in compromising or attempting to compromise a
disputed matter in a commission proceeding is not admissible to prove liability
for or invalidity of the dispute. Evidence of conduct or statements made in
compromise negotiations is likewise not admissible. This rule does not exclude
any evidence otherwise discoverable merely because it is presented in the
course of compromise negotiations. This rule also does not exclude evidence if
offered for another valid purpose.
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Rule 4901-1-27 | Hearings.
Effective:
April 11, 2024
(A) The commission, the legal director,
the deputy legal director, or an ALJ will assign the time and place for each
hearing. Unless otherwise ordered, all hearings are held at the offices of the
commission in Columbus, Ohio. Reasonable notice of each hearing will be
provided to all parties. (B) The presiding hearing officer
regulates the course of the hearing and the conduct of the participants. Unless
otherwise provided by law, the presiding hearing officer may, without
limitation: (1) Administer oaths and
affirmations. (2) Determine the order
in which the parties present testimony and the order in which witnesses are
examined. (3) Issue
subpoenas. (4) Rule on objections,
procedural motions, and other procedural matters. (5) Examine
witnesses. (6) Grant
continuances. (7) Take such actions as
are necessary to: (a) Avoid unnecessary delay. (b) Prevent the presentation of irrelevant or cumulative
evidence. (c) Prevent argumentative, repetitious, cumulative, or irrelevant
cross-examination. (d) Assure that the hearing proceeds in an orderly and
expeditious manner. (e) Prevent public disclosure of trade secrets, proprietary
business information, or confidential research, development, or commercial
materials and information. The presiding hearing officer may, upon motion of
any party, direct that a portion of the hearing be conducted in camera and that
the corresponding portion of the record be sealed to prevent public disclosure
of trade secrets, proprietary business information, or confidential research,
development, or commercial materials and information. The party requesting such
protection shall have the burden of establishing that such protection is
required. The commission or the presiding hearing officer will issue a ruling
prior to the closing of the case regarding the amount of time that any sealed
portion of the hearing record remains sealed. (C) The presiding hearing officer will
permit members of the public that are not parties to the proceeding, the
opportunity to offer testimony at the portion or session of the hearing
designated for the taking of public testimony. (D) Formal exceptions to rulings or
orders of the presiding hearing officer are unnecessary if, at the time the
ruling or order is made, the party makes known the action which he or she
desires the presiding hearing officer to take, or his or her objection to
action which has been taken and the basis for that objection.
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Rule 4901-1-28 | Reports of investigation and objections thereto.
Effective:
April 11, 2024
(A) In all rate proceedings in which the
commission is required by section 4909.19 of the Revised Code to conduct an
investigation, a written report of such investigation will be filed with the
commission and served upon all parties. The report is deemed to be admitted
into evidence as of the time it is filed with the commission, but all or part
of such report may subsequently be stricken, upon motion of the commission, the
legal director, the deputy legal director, or the ALJ assigned to the case, or
upon motion of any party for good cause shown. Any person making or
contributing to the report may be subpoenaed to testify at the hearing in
accordance with rule 4901-1-25 of the Administrative Code, but the
unavailability of such persons does not affect the admissibility of the
report. (B) Any party may file objections to a
report of investigation described in paragraph (A) of this rule, within thirty
days after such report is filed with the commission. Such objections may relate
to the findings, conclusions, or recommendations contained in the report, or to
the failure of the report to address one or more specific items. All objections
must be specific. Any objections that fail to meet this requirement may be
stricken upon motion of any party or the commission staff or upon motion of the
commission, the legal director, the deputy legal director, or the ALJ. Except
for rate proceedings, if the commission staff modifies any portion of the
report after objections are filed, then any party may raise new objections in
response to such modification within fifteen days after such modification is
filed with the commission. (C) The objections to the report
described in paragraph (A) of this rule, shall frame the issues in the
proceeding, although the commission, the legal director, the deputy legal
director, or the ALJ may designate additional issues or areas of inquiry.
Unless otherwise ordered by the commission, the legal director, the deputy
legal director, or the ALJ, all material findings and conclusions set forth in
the report to which no objection has been filed are deemed admitted for
purposes of the proceeding. At the hearing, any party who has filed objections
may present evidence in support of those objections. The commission or the
presiding hearing officer may, in their discretion, permit the parties to
present evidence or conduct cross-examination concerning additional issues. Any
party may present rebuttal testimony in response to direct testimony or other
evidence presented by any other party or by the commission staff, unless
otherwise ordered by the commission, the legal director, the deputy legal
director, or the ALJ. (D) In a rate case proceeding, an
objection to a staff report will be deemed withdrawn if a party fails to
address the objection in its initial brief. (E) Unless otherwise ordered by the
commission, in all other cases in which the commission orders an investigation
to be performed by staff and the filing of a report, the report is deemed
admitted into evidence at the time it is filed with the commission, but all or
part of such report may subsequently be stricken upon motion of the commission,
the legal director, the deputy legal director, or an ALJ, or upon motion of any
party for good cause shown. If a staff report described in this paragraph is
admitted into evidence, interested persons will have some opportunity, to be
determined by the commission, to submit testimony, file comments, or file
objections to the report. If a hearing is scheduled in the case in which the
report is filed, any person making or contributing to the report may be
subpoenaed to testify at the hearing in accordance with paragraph (A) of rule
4901-1-25 of the Administrative Code, but the unavailability of such persons
does not affect the admissibility of the report. Objections or comments to a
report described in this paragraph should not be filed unless directed by the
commission, the legal director, the deputy legal director, or the
ALJ.
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Rule 4901-1-29 | Expert testimony.
Effective:
April 11, 2024
(A) Except as otherwise provided in this
rule, all expert testimony to be offered in commission proceedings, except
testimony to be offered by the commission staff, shall be reduced to writing,
filed with the commission, and served upon all parties prior to the time such
testimony is to be offered. The commission, the legal director, the deputy
legal director, or an ALJ may establish a schedule in any proceeding for the
filing of testimony to be presented by staff. (1) Unless otherwise
ordered by the commission, the legal director, the deputy legal director, or an
ALJ: (a) All direct expert testimony to be offered by the applicant,
complainant, or petitioner in a general rate proceeding shall be filed and
served no later than ten days prior to the commencement of the hearing or the
deadline for filing objections to the staff report of investigation, whichever
occurs earlier. (b) All direct expert testimony to be offered by any other party
in a general rate proceeding shall be filed and served no later than the
deadline for filing objections to the staff report of
investigation. (c) All direct expert testimony to be offered by the applicant in
an emergency rate proceeding shall be filed and served no later than sixteen
days prior to the commencement of the hearing. (d) All direct expert testimony to be offered by any other party
in an emergency rate proceeding shall be filed and served no later than seven
days prior to the commencement of the hearing. (e) All direct expert testimony to be offered by the gas utility
in a purchased gas adjustment proceeding shall be filed and served no later
than sixteen days prior to the commencement of the hearing. (f) All direct expert testimony to be offered by any other party
in a purchased gas adjustment proceeding shall be filed and served no later
than seven days prior to the commencement of the hearing. (g) All direct expert testimony to be offered by any party in a
long-term forecast report proceeding shall be filed and served no later than
sixteen days prior to the commencement of the hearing. (h) All direct expert testimony to be offered in any other
commission proceeding shall be filed and served no later than seven days prior
to the commencement of the hearing. (2) All expert testimony
to be offered in rebuttal shall be filed and served within the time limits
established by the commission or the presiding hearing officer, unless the
commission or the presiding hearing officer determines that such testimony need
not be reduced to writing. (B) For purposes of this rule,
"commencement of the hearing" means the scheduled date for beginning
the hearing at which expert testimony is to be offered. (C) Notwithstanding paragraph (A) of this
rule, the presiding hearing officer may, in his or her discretion, permit an
expert witness to present additional oral testimony at the hearing, provided
that such testimony could not, with reasonable diligence, have been filed and
served within the time limits established by the commission or the presiding
hearing officer or the presentation of such testimony will not unduly delay the
proceeding or unjustly prejudice any other party.
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Rule 4901-1-30 | Stipulations.
Effective:
April 11, 2024
(A) Any two or more parties may enter
into a written or oral stipulation concerning issues of fact, the authenticity
of documents, or the proposed resolution of some or all of the issues in a
proceeding. (B) A written stipulation must be signed
by all of the parties joining therein, and must be filed with the commission
and served upon all parties to the proceeding. (C) An oral stipulation may be made only
during a public hearing or prehearing conference conducted on the record, and
all parties joining in such a stipulation must acknowledge their agreement
thereto on the record. The commission or the presiding hearing officer may
require that an oral stipulation be reduced to writing and filed and served in
accordance with paragraph (B) of this rule. (D) Unless otherwise ordered, parties who
file a full or partial written stipulation or make an oral stipulation must
file or provide the testimony of at least one signatory party that supports the
stipulation. Parties that do not join the stipulation may offer evidence and/or
argument in opposition. (E) No stipulation may be considered binding upon the
commission.
Last updated April 11, 2024 at 9:04 AM
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Rule 4901-1-31 | Briefs and memoranda.
Effective:
April 11, 2024
(A) In addition to those instances in
which this chapter specifically allows the filing of memoranda, the commission,
the legal director, the deputy legal director, or an ALJ may, upon motion of
any party or upon their own motion, permit or order the filing of briefs or
memoranda at any time during a proceeding. Such briefs or memoranda may, in the
discretion of the commission, the legal director, the deputy legal director, or
the ALJ, be limited to one or more specific issues. (B) All briefs and memoranda which are
greater than ten pages and which address more than one proposition or issue
shall contain a table of contents which should include the propositions or
issues discussed within the brief or memorandum. If requested by the
commission, the legal director, the deputy legal director, or an ALJ, all
parties shall include within their initial brief a section entitled
"statement of issues." This section shall list all issues that the
party requests that the commission address in its opinion and order. The
commission, the legal director, the deputy legal director, or the ALJ may
impose other requirements or limitations concerning the length or form of
briefs or memoranda. (C) If unreported decisions, other than
decisions of the commission, are cited, copies of such decisions shall be
attached to the brief or memorandum and shall be furnished to all parties.
Failure to comply with this requirement may be grounds for striking the brief
or memorandum. (D) In long-term forecast report
proceedings, the record is considered closed for purposes of division (F) of
section 4935.04 of the Revised Code upon the filing of the final round of
briefs.
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Rule 4901-1-32 | Oral arguments.
Effective:
April 11, 2024
The commission, the legal director, the deputy
legal director, or an ALJ may, upon motion of any party or upon their own
motion, hear oral arguments at any time during a proceeding. Such arguments
may, in the discretion of the commission, the legal director, the deputy legal
director, or the ALJ, be limited to one or more specific issues, and are
subject to such time limitations and other conditions as the commission, the
legal director, the deputy legal director, or the ALJ may prescribe.
Last updated April 11, 2024 at 9:05 AM
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Rule 4901-1-33 | Attorney examiner's reports and exceptions thereto.
Effective:
April 11, 2024
(A) If ordered by the commission, the
ALJ will prepare a written report of his or her findings, conclusions, and
recommendations, following the conclusion of a hearing. Such report is filed
with the commission and served upon all parties. (B) Any party may file exceptions to
an ALJ's report within twenty days after such report is filed with the
commission. Exceptions shall be stated and numbered separately, and shall be
accompanied by a memorandum in support, setting forth the basis of the
exceptions and citations of any authorities relied upon. If an exception
relates to one or more findings of fact, the memorandum in support should,
where practicable, include specific citations to any portions of the record
relied upon in support of the exception. (C) Any party may file a reply to
another party's exceptions within fifteen days after the service of those
exceptions.
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Rule 4901-1-34 | Reopening of proceedings.
Effective:
April 11, 2024
(A) The commission, the legal director,
the deputy legal director, or an ALJ may, upon their own motion or upon motion
of any person for good cause shown, reopen a proceeding at any time prior to
the issuance of a final order. (B) A motion to reopen a proceeding shall
specifically set forth the purpose of the requested reopening. If the purpose
is to permit the presentation of additional evidence, the motion shall
specifically describe the nature and purpose of such evidence, and shall set
forth facts showing why such evidence could not, with reasonable diligence,
have been presented earlier in the proceeding.
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Rule 4901-1-35 | Applications for rehearing.
Effective:
April 11, 2024
(A) Any party or any affected person,
firm, or corporation may file an application for rehearing, within thirty days
after the issuance of a commission order, in the form and manner and under the
circumstances set forth in section 4903.10 of the Revised Code. An application
for rehearing must set forth, in numbered or lettered paragraphs, the specific
ground or grounds upon which the applicant considers the commission order to be
unreasonable or unlawful. An application for rehearing must be accompanied by a
memorandum in support, which sets forth an explanation of the basis for each
ground for rehearing identified in the application for rehearing and which
shall be filed no later than the application for rehearing. (B) Any party may file a memorandum
contra within ten days after the filing of an application for
rehearing. (C) As provided in section 4903.10 of the
Revised Code, all applications for rehearing must be filed within thirty days
after an order has been journalized by the secretary of the commission, or, in
the case of an application that is subject to automatic approval under the
commission's procedures, an application for rehearing must be filed within
thirty days after the date on which the automatic timeframe has expired, unless
the application has been suspended by the commission. (D) A party or any affected person, firm,
or corporation may only file one application for rehearing to a commission
order within thirty days following the entry of the order upon the journal of
the commission.
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Rule 4901-1-36 | Supreme court appeals.
Effective:
April 11, 2024
Consistent with the requirements of section 4903.13
of the Revised Code, a notice of appeal of a commission order to the Ohio
supreme court must be filed with the commission's docketing division
within the time period prescribed by the court and served, unless waived, upon
the chairperson of the commission, or, in his or her absence, upon any public
utilities commissioner, or by leaving a copy at the offices of the commission
at Columbus. Service of the notice of appeal of a commission order to the Ohio
supreme court may not be delivered via fax or e-filing upon the chairperson or
a commissioner.
Last updated April 11, 2024 at 9:05 AM
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Rule 4901-1-37 | Commission workshops.
Effective:
April 11, 2024
The commission may, from time to time, schedule
informational workshops for the purpose of receiving information and exchanging
ideas regarding relevant topics. Such workshops are listed on the
commission's regular meeting agenda or on the weekly hearing calendar and
open to all interested persons. The workshops need not be transcribed and
participants need not be represented by counsel. Certain individuals may be
designated by the commission as spokespersons or chairpersons for purposes of
presenting information or conducting such workshops. Requests by persons
interested in scheduling a workshop shall be made in writing to the director of
the relevant staff department, with a copy of the request submitted to the
chairperson of the commission. The commission, in its discretion, reserves the
right to postpone or reject requests for workshops.
Last updated April 11, 2024 at 9:06 AM
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Rule 4901-1-38 | General provisions.
(A) This chapter sets forth the procedural standards that apply to all entities participating in cases before the commission. (B) The commission may, upon its own motion or upon a motion filed by a party, waive any requirement of this chapter for good cause shown, other than a requirement mandated by statute from which no waiver is permitted.
Last updated May 6, 2024 at 9:51 AM
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