OAC Rule 9. Application for Expedited Hearing. 

A.  The Application for Expedited Hearing shall be on a form provided by the OAC, or on a substantially similar form.

B.  A claimant may file an Application for Expedited Hearing if the respondent filed a Notice of Contest and less than 45 days have passed since the Notice of Contest was filed.  The issues in an expedited hearing shall be limited to compensability, medical benefits, and affirmative defenses to those issues raised by the respondent, and other issues as agreed upon by the parties.

C.  A claimant may file an Application for Expedited Hearing if there is an urgent need for prior authorization of health care services, as recommended in writing by an authorized treating provider, and prior authorization has been denied.  The issue will be limited to liability for those health care services, and other issues as agreed upon by the parties.

D.  A respondent may file an Application for Expedited Hearing if it has filed a Petition to Suspend, Modify, or Terminate Compensation, and the claimant has filed an objection.  The issue at the hearing shall be limited to a determination of the Petition to Suspend, Modify, or Terminate Compensation.  The issue will be limited to the Petition to Suspend, Modify or Terminate Compensation, and other issues as agreed upon by the parties.

E.  Copies of the Application for Expedited Hearing must be mailed or delivered to the opposing party or parties, as provided by Rule 6, O.A.C.R.P.

F.  If the applicant qualifies for an expedited hearing, the OAC shall set the matter for hearing to occur within 40 days of the date of mailing or delivery of the Application for Expedited Hearing. The OAC shall determine the location, date, and time of the expedited hearing, and shall send notice of the hearing to the parties, as provided by Rule 11, O.A.C.R.P.

G.  The opposing party may file a Response to Application for Expedited Hearing within 10 days of the mailing or delivery of the Application for Expedited Hearing.

H.  A clerk of the OAC may reject any Application for Expedited Hearing that is not complete.  The rejection of an Application for Expedited Hearing and Notice to Set by a clerk shall be without prejudice.

I.  If the applicant does not qualify for an expedited hearing, the Application for Expedited Hearing shall be rejected.  The applicant may then file an Application for Hearing and Notice to Set.