Current through Register Vol. 35, No. 6, March 26, 2024
A.
Opening the docket. A docket shall be opened in the OSI records
management system immediately upon the superintendent's determination that the
requestor shall be granted a hearing.
(1) The
superintendent shall direct that the requestor's original request for hearing
be filed to the docket.
(2) The
superintendent shall establish the caption for the docket, which caption shall
be used thereafter for any matters pertaining to the hearing. The caption shall
establish the nature of the matter and shall include the docket
number.
(3) Every written document
that is submitted to the superintendent or exchanged between the parties for
consideration, including pleadings such as motions, responses and objections,
all evidentiary documents and any other filings shall include the caption and
shall be filed to the docket.
B.
Public access. Unless
otherwise determined by the superintendent upon consideration of a request by a
party for confidentiality, all dockets shall be open for public
inspection.
C.
Filing
restrictions and service.
(1) OSI shall
accept filings through mail, facsimile, or electronic mail.
(2) Any item that is filed to the docket
shall also be contemporaneously served upon all parties of record and on the
hearing officer.
(3) All filings
shall include a certificate of service that documents the method of service
used. A represented party shall only be served through counsel.
(4) Electronic and in-person filing shall be
accepted on business days between 8:00 and 4:00 pm. Pleadings shall be marked
as filed on the business day that OSI receives the pleading.
D.
Filing
requirements.
(1) All motions, except
motions made on the record during the hearing or a continuance request made in
a genuine unforeseen emergency circumstance (such as an unexpected accident,
force majeure, or major medical emergency occurring in such close proximity to
the date of the scheduled hearing that a written motion cannot be completed),
shall be in writing and shall state with particularity the grounds and the
relief sought.
(2) Absent any order
to the contrary, no pleading shall exceed 10 pages, excluding the caption and
certificate of service, of double-spaced (except for block quotations),
12-point font. Only relevant excerpts of a motion exhibit shall be filed, with
the pertinent portions highlighted, underlined, or otherwise emphasized. All
exhibits and attachments shall identify the total number of pages, and
consecutive page numbers (e.g., "Page 1 of 10"). Only
single-sided documents shall be accepted for filing or into a record at a
hearing.
E.
Request for concurrence. Before submission of any motion, request
for relief or request for continuance, the requesting party shall make
reasonable efforts to consult with each other party about that party's position
on the motion unless the nature of the pleading is such that it can be
reasonably assumed the requested relief would be opposed. The moving party
shall state the position of each other party in the pleading.
F.
Responses to pleadings.
(1) Unless a different deadline has been
established by the hearing officer, each non-moving party shall have 14 days to
file a written response to a pleading.
(2) If a deadline for filing would fall on a
non-business day, the deadline shall be the next business day.
(3) The hearing officer shall have the
discretion to extend or shorten the response deadline.
(4) Failure to file a response in opposition
may be presumed to be consent to the relief sought.
(5) The hearing officer is not required to
make a default ruling on any motion if the relief sought could be contrary to
the facts or law on the issues.
G. In the event of a procedural defect or
other error with the manner, method, or content of a submitted pleading, the
hearing officer or records manager may communicate such error to the filing
party and withhold filing of the pleading until the moving party remedies the
procedural defect. Examples of a procedural defect include, but are not limited
to, failure to certify service, failure to comply with the page limitations,
failure to confer with other parties, failure to use the form or follow the
specific filing method required by OSI, submission of double-sided documents,
failure to properly number pages, failure to use the correct caption of
reference the assigned docket number, or failure to comply with an applicable
standing order.
