Rule 4146-5-08 | Documents to be considered in telephone hearings.
(A) Where an interested party has documents or written materials for the hearing officer or review commission to consider, a copy of the documents or materials shall be sent by electronic means, delivered or mailed to the review commission at the address directed on the notice as well as to all interested parties and their representatives listed on the notice that an appeal has been transferred or notice that a request for review has been allowed and a hearing will be held. Each document shall be identified by a letter. Each page of a multipage document shall be numbered. Documents shall be filed with the review commission no later than the day prior to the hearing date.
(B) If documents have not been filed with the review commission and received by all interested parties at the time of hearing, then the documents shall not be considered by the review commission or hearing officer unless the hearing is continued to allow the other parties to review the document.
(C) A party may waive the right to a continuance to see the document and may proceed with the hearing. If a document is not relevant to the issue at the hearing, then the review commission or hearing officer may disregard it without continuing the hearing.
(D) Documents are considered to be timely filed when they are received by the review commission, and one of the following occurs:
(1) Receipt is before the close of business on the last day of the filing period;
(2) The documents are mailed, and the enclosing envelope bears a postmark date, as governed by the United States postal regulations, before midnight of the last day of the filing period; or
(3) The documents are mailed, the postmark date is illegible or missing, and it is received no later than the third calendar day following the last day of the filing period.
(4) The documents are sent by facsimile device or other electronic means and the fax is received by midnight of the last day of the filing period.
Supplemental Information