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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 3301-73-06 | Filing.

 

(A) A certificate of service shall not be required for a filing of a request for hearing under section 119.07 of the Revised Code. A hearing request is properly filed when it is made after the issuance of a notice of an opportunity for hearing, made in writing by the named individual or his or her duly authorized representative, and received and time stamped by the department within thirty days of the mailing of the notice of an opportunity for hearing.

(B) Paragraphs (C) to (H) of this rule apply after a proper request for an administrative hearing is received by the department.

(C) A document is "filed" when it is received and time stamped by the department during normal business hours. The burden of ensuring that the document(s) is properly and timely filed is borne by the party filing the document(s).

(D) An original of any document required to be filed shall be filed with the department and service on the parties shall occur simultaneously. A party may file a document with the department in person, by mail, facsimile, or electronic mail. When filing by facsimile or electronic mail, the party shall provide the department an original document within seven calendar days of the facsimile or electronic mail filing.

(E) All documents shall contain the name, address, and telephone number of the party submitting it and shall be appropriately captioned to indicate the name of the party on whose behalf the document is filed.

(F) Any document required to be served by a party may be served in person, by mail, facsimile, or electronic mail. Service is complete on the date of mailing, date of personal service, date of facsimile of the document, or date of the electronic mail of the document.

(G) Any signed statement is an acceptable certificate of service so long as it contains all of the following information:

(1) Date of service;

(2) Address where service was made;

(3) Name of the party or authority that was served; and

(4) Method of service.

(H) If a document(s) is not filed in accordance with this rule, the state board or hearing officer may, at his/her discretion, accept the document upon establishment of proof of good faith.

(I) This rule does not apply when a respondent is perfecting an appeal under section 119.12 of the Revised Code.

Supplemental Information

Authorized By: 3319.311, 3319.31, 3301.07
Amplifies: 3319.31, 3319.311
Five Year Review Date: 10/11/2023
Prior Effective Dates: 9/25/2004, 5/23/2009, 3/27/2014