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

Rule 1509-1-19 | Motions, briefs.

 

(A) Except for oral motions made upon the record at hearing, a motion shall be in writing and shall state with particularity the grounds upon which it is based.

(B) Unless otherwise directed by the commission, a party must file written motions at least ten days in advance of hearing. The ten day deadline for filing a motion may be waived or shortened, if the movant demonstrates that unusual circumstances exist justifying an exception to this rule.

(C) Unless otherwise directed by the commission, any party to a proceeding shall have ten days from service of a motion, or until hearing, whichever is earlier, to file a response to said motion.

(D) The commission may grant a motion for the admission of additional evidence when satisfied that such additional evidence is newly discovered and could not with reasonable diligence have been ascertained prior to the proceeding before the commission.

(E) In any matter or cause pending before the commission, the commission may request that briefs be furnished by the parties to the appeal within a time prescribed by the commission. Responsive briefs may be filed as determined by, and within a time limited by, the commission.

(F) Upon motion made and with leave of the commission as set forth in rule 1509-1-14 of the Administrative Code, amicus curiae briefs may be filed.

(G) Any application for an extension of time will be denied unless there is incorporated therein a good and sufficient reason for any such extension.

(H) Briefs, motions and responses filed with the commission shall be legible and shall be signed by the party or by the party's counsel.

(I) If documents filed with the commission cite case law as authority in support of argument, the filing shall include a copy of the case law cited, if unreported, and shall refer to the page number or paragraph where the cited language is found.

Last updated May 10, 2023 at 1:18 PM

Supplemental Information

Authorized By: 1509.35
Amplifies: 1509.36
Five Year Review Date: 5/8/2028
Prior Effective Dates: 6/6/1966, 5/31/1998, 6/15/2003, 9/30/2008, 6/20/2013