Ohio Administrative Code
Title 3746 - Environmental Review Appeals Commission
Chapter 3746-5 - General Appellate Procedure
Section 3746-5-26 - Motions

Universal Citation: OH Admin Code 3746-5-26

Current through all regulations passed and filed through September 16, 2024

(A) Unless another form is prescribed by these rules, a motion shall be made with proof of service on all other parties. The motion shall state with particularity the grounds on which it is based and shall set forth the relief sought. If a motion is supported by briefs or other documents, they shall be served and filed with the motion. Any party may file a response in opposition to a motion within fourteen days after service of the motion. Any reply memorandum shall be filed and served within ten days after service of the response in opposition. The commission may adjust the time for responding to any motion.

(B) Motions not importing finality may be acted upon by the commission at any time, without awaiting a response thereto. Any party adversely affected by such action may move for reconsideration, vacation, or modification of such action.

(C) Upon its own motion or motion of any party, the commission may allow oral argument if, in its opinion, oral argument will clarify the issues and will not unnecessarily delay the proceedings.

(D) If a motion for oral argument is granted, the procedure set forth in rule 3746-7-12 of the Administrative Code shall be followed.

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