Ohio Administrative Code|Rule 1513-3-11 | Motions.

                                                

(A) Except for oral motions which must be
made at a hearing on the record, or where the commission otherwise directs, any
motion made to the commission shall:

(1) Be in
writing;

(2) State with
particularity the grounds on which it is based;

(3) Set forth the relief
sought;

(4) Be filed with the
commission and served upon all parties to the appeal at least ten days in
advance of the hearing, unless the movant demonstrates that unusual
circumstances exist justifying an exception to this rule.

(B) Motions for reconsideration of any decision of the commission
shall be made in writing within five business days, calculated in accordance
with paragraph (A)(3) of rule 1513-3-06 of the Administrative Code, after the
issuance of the commission's decision. A motion for reconsideration shall
state with particularity the grounds on which it is based. The filing of a
motion for reconsideration does not extend the time for filing a notice of
appeal in the appellate court.

(C) A party may file a motion for the admission of additional
evidence. Such motion shall include an affidavit averring that the evidence is
newly discovered and could not have been ascertained with reasonable diligence
prior to the proceeding before the commission.

(D) In compliance with the requirements of paragraph (D)(2) of
rule 1513-3-13 of the Administrative Code, motions for continuance of a hearing
must be filed with the commission and served upon all parties to an appeal at
least fourteen days in advance of a hearing.

(E) Unless the commission orders otherwise, any party to an
appeal shall have ten days from service of the motion or until hearing,
whichever is earlier, to file a response to a motion.

(F) If a party fails to make a motion in compliance with the
commission's scheduling orders, the commission may refuse to consider said
motion. If a party fails to respond to a motion, or fails to respond within a
time established by the commission, the commission may construe this failure as
a waiver of objection.

(G) Objections to jurisdiction are not
waivable and may be raised at any point in an appeal. Motions to dismiss on
jurisdictional grounds should be filed as expeditiously as
practicable.

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