OAC Rule 16. Motions. 

A.  Motions and responses or objections to motions must be filed in the same office of the OAC where the Application for Hearing was filed.  Motions and responses or objections to motions filed with the OAC may be faxed, e-mailed, hand-delivered or mailed to the opposing parties, as provided in Rule 6, O.A.C.R.P.  Motions and responses or objections to motions filed with the OAC shall be served upon opposing parties on the same day.

B.  Every motion must include a certification by the party or counsel filing the motion that he or she has conferred, or attempted to confer, with opposing counsel and unrepresented parties, and must also include a statement regarding whether the motion is contested, uncontested, or stipulated. If no conference has occurred, an explanation must be included in the motion.

C.  The motion shall conspicuously state in the caption if the motion is unopposed or stipulated.

D.  If a motion is stipulated, or if the opposing parties have no objection, the motion may be granted forthwith by the OAC¿s designee clerk, or may be granted or denied by a judge.

E.  A response or an objection to a motion must be filed within 10 days of the date of mailing or delivery of the motion.   If filed with the OAC by facsimile or e-mail, a copy of the response or objection must be faxed, e-mailed, or hand- delivered to the opposing parties within one business day.

F.  The OAC may refer any matter within the jurisdiction of a pre-hearing judge to a pre-hearing judge.

G.  The moving party, as well as any party opposing a motion, shall submit with each motion or response a proposed order, including either a certificate of service containing their facsimile number, or one copy of their proposed order and a self-addressed stamped envelope.  The resulting order shall be sent to the moving or prevailing party, who is responsible for distribution of true and correct copies of the order to all remaining parties promptly, and in any event no later than five calendar days after the date the order is received.