Current through Register Vol. 48, No. 1, January 10, 2025
Rule 1 CCR 104-3-8 - Application for HearingA. The Application for Hearing shall be on a form provided by the OAC, or on a substantially similar form.B. The OAC may reject any Application for Hearing that is not complete, or does not comply with the OACRP. The rejection shall be without prejudice.C. A Response to Application for Hearing or an Entry of Appearance shall be filed with the OAC no later than 15 days after the date the Application for Hearing was filed. If an Entry of Appearance is filed, the Response to Application for Hearing shall be filed no more than 30 days after the date the Application for Hearing was filed, unless agreed upon by the parties, or ordered by an ALJ.D. A party who is not represented by an attorney may request that the OAC set the matter for hearing. In that instance, Paragraph E of this Rule shall not apply.E. The applicant shall obtain available hearing dates listed on the OAC website that are within 80 to 120 days after the date the Application for Hearing was filed. If a Response to Application for Hearing or an Entry of Appearance was filed, the applicant shall contact the opposing party and agree on a date and time for hearing. The applicant shall file a written confirmation of the date and time selected at least 15 days and no more than 30 days after the Application for Hearing was filed. If the parties cannot agree on a date and time, the applicant shall notify the OAC in writing that there is no agreement, and the OAC will set the hearing at a date and time of its choosing.F. The parties may set the hearing to commence less than 80 days after the date of the Application for Hearing by motion and order of an ALJ.G. If the OAC does not receive written confirmation of the hearing from a party within 30 days after the Application for Hearing was filed, the Application shall be stricken without prejudice. Any party may, as permitted by law, file a new Application for Hearing regarding issues that are ripe for adjudication.38 CR 05, March 10, 2015, effective 3/30/201542 CR 16, August 25, 2019, effective 9/14/201944 CR 11, June 10, 2021, effective 6/30/202146 CR 15, August 10, 2023, effective 9/1/2023