Current through all regulations passed and filed through September 16, 2024
(A)
Within seven days
after receipt of the notice of appeal, the director or statutory agency shall
prepare and certify to the commission the record of proceedings out of which
the appeal arises. The record certified to the commission shall be available
for inspection and reproduction by any person. Costs of reproduction shall be
borne by the requester.
(B)
Content of record
(1)
The record on
appeal shall include, but not be limited to, all papers, exhibits, documents,
correspondence, and the transcript of proceedings, if any, including exhibits
relating to the action from which the appeal arises.
(2)
Where a party
alleges that the whole record has not been certified, the party shall specify,
insofar as he is able, the material allegedly omitted and shall request its
inclusion in the record through the filing of a request with the director or
statutory agency for the supplementation of the certified record. If the
request is denied, the party shall file a motion with the commission requesting
production of the omitted materials. If the commission concludes such material
should be included, the commission shall order it included in the record. The
commission may conclude material has been omitted from the certified record and
shall order its inclusion in the record through
supplementation.
(3)
All transcripts filed as part of the record below shall
be certified as correct and state whether they are complete or
partial.
(4)
If a question arises as to whether the certified record
accurately reflects what transpired in a proceeding below, the commission shall
request an explanation that shall be certified as part of the record. If
anything material is omitted from the record, or is misstated therein, a party
may move that the omission or misstatement be corrected.
(C)
If
more than one appeal is taken by different parties to the same action, the
director or statutory agency may move the commission to allow a single
certification of record in those appeals.
(D)
The director or
statutory agency may file the record of proceedings with the commission on
paper or as a digital document.
(1)
If filed on paper, the record shall be bound and
accurately indexed.
(a)
Each item in the record shall be
numbered.
(b)
The binding shall be of the type and size commonly used
to hold papers of the dimensions eight and one-half by eleven inches.
(i)
The director or
statutory agency shall notify the commission if the record contains documents
of unusual bulk or weight and physical exhibits other than documents. Such
documents shall not be transmitted unless, after notification, the commission
directs the director or statutory agency to do so. The director or statutory
agency must make advance arrangements with the commission for the
transportation and receipt of exhibits of unusual bulk or
weight.
(ii)
Each container holding such items shall have an index
of its contents. The index shall list the number of each item and a brief
description of its contents. To the extent possible, the index shall be
organized chronologically.
(c)
If possession of
the documents comprising the record, or any part thereof, is required by the
director or statutory agency for the day-to-day operations of the agency, the
director or statutory agency may move the commission to issue an order allowing
the director or statutory agency to retain the record or parts
thereof.
(2)
If filed digitally, the record shall be submitted as a
PDF document on one or more compact discs.
(a)
To the extent
possible, the record shall be contained within a single PDF document. Each item
in the record shall be numbered and bookmarked accordingly within the PDF
document.
(b)
Each PDF document shall have an index of its contents.
The index shall list the number of each item and a brief description of its
contents. To the extent possible, the index shall be organized
chronologically.
(3)
Transmission of
the certified record is effected when it is mailed or otherwise forwarded to
the commission. The transmittal date shall be endorsed on the face of the
certified record.
(E)
The commission
shall mail notice of the receipt of the certified record to counsel for the
parties on the date the record is received at the offices of the
commission.
Replaces: 3746-5-12
Five Year Review (FYR) Dates:
4/21/2022 and
04/21/2027
Promulgated
Under:
111.15
Statutory Authority:
3745.03
Rule Amplifies:
3745.03,
3745.04,
3745.05,
3750.19
Prior
Effective Dates: 08/24/1973, 03/09/1999, 05/27/2004, 06/21/2009, 05/30/2014,
01/01/2018
