Ohio Regulations § 3517-1-04 Service and filing of subsequent pleadings and documents

Regulation Text

(A) Response.

Any party that is the subject of a complaint filed with the commission that is not given the expedited process, shall file a response on the merits, or on commission jurisdiction, with the commission within twenty-one days of the mailing of the complaint. Said response shall be in the form of an affidavit, signed and sworn before a notary public or other person authorized by law to administer oaths in form substantially in accordance with section 2935.19 of the Revised Code, and clearly set forth the specific facts or basis of knowledge supporting the response. If the respondent fails to file a proper response, commission staff shall timely notify the respondent by regular mail that by failing to respond or show good cause for such failure to respond, the respondent may be deemed to have admitted the allegations in the complaint and may allow the commission to make a finding against the respondent;

(B) Required service.

Except as otherwise provided in these rules, every motion, every pleading subsequent to the initial complaint, every paper relating to discovery (except requests for issuance of subpoenas), every document filed with the commission, every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties by the party making the filing. The party making the service shall maintain a certificate of service, authenticated by the USPS, that such service was made by use of mail service. No service need be made on parties in default for failure to appear or respond, except that pleadings asserting new or additional claims against them shall be served upon them in the manner set forth in rule 3517-1-03 of the Administrative Code.

Service shall be made as outlined in rule 3517-1-03 of the Administrative Code, or in the same manner required by Ohio Civil Rule 5(B), unless otherwise ordered by the commission

(D) Filing.

All papers, after the initial complaint, required to be served upon a party shall be filed with commission staff in the same manner as required by Ohio Civil Rule 5(D), unless otherwise ordered by the commission.

History

Five Year Review (FYR) Dates: 3/17/2020 and 03/17/2025 Promulgated Under: 119.03 Statutory Authority: 119.03 Rule Amplifies: 3517.152 , 3517.153 , 3517.154 Prior Effective Dates: 10/31/1974, 12/31/1982, 08/19/1985, 07/01/1988, 02/01/1996 (Emer.), 05/02/1996

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