Ohio Administrative Code
Title 4117 - State Employment Relations Board
Chapter 4117-7 - Unfair Labor Practice
Section 4117-7-04 - Answers to unfair labor practice complaints

Universal Citation: OH Admin Code 4117-7-04

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

(A) A respondent's answer to an unfair labor practice complaint shall be filed via electronic mail within ten days from receipt of the complaint or amendment to the complaint but in no event later than the commencement of the hearing ,whichever is earlier. Such answer shall include a specific admission, denial, or explanation of each allegation of the complaint. If the respondent is without knowledge of an allegation, he or she shall so state in which case such statement shall operate as a denial. Admissions or denials may be made to all or part of a particular allegation. Any allegation not specifically denied is deemed admitted. When a respondent denies an allegation of fact in the complaint, the answer shall state with specificity the basis for the denial. The answer shall include a specific statement of any affirmative defense. Failure to state an affirmative defense in the answer shall constitute a waiver of such affirmative defense, except the defenses of failure to state a cause of action, unconstitutionality of the statute, or lack of subject matter jurisdiction, which defenses may be raised at any time.

(B) If a respondent fails to file a timely answer to the complaint, such failure shall be deemed to constitute an admission of the allegations contained in the complaint.

(C) The filing of a motion to dismiss shall not toll the time for filing an answer.

Five Year Review (FYR) Dates: 05/28/2015 and 05/28/2020
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12
Prior Effective Dates: 3/26/84, 6/24/84, 5/18/87, 10/25/10

Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.