Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-28 - Reports of investigation and objections thereto

Current through all regulations passed and filed through July 1, 2024
(A) In all rate proceedings in which the
			 commission is required by section
			 4909.19 of the Revised Code to
			 conduct an investigation, a written report of such investigation
			 will be
			 filed with the commission and 
			 served upon all parties. The report is
								 deemed to be admitted into evidence as
			 of the time it is filed with the commission, but all or part of such report may
			 subsequently be stricken, upon motion of the commission, the legal director,
			 the deputy legal director, or the 
								ALJ assigned to the case, or
			 upon motion of any party for good cause shown. Any person making or
			 contributing to the report may be subpoenaed to testify at the hearing in
			 accordance with rule
			 4901-1-25 of the Administrative
			 Code, but the unavailability of such persons does not affect
			 the admissibility of the report.
(B) Any party may file objections to a report
			 of investigation described in paragraph (A) of this rule, within thirty days
			 after such report is filed with the commission. Such objections may relate to
			 the findings, conclusions, or recommendations contained in the report, or to
			 the failure of the report to address one or more specific items. All objections
			 must be specific. Any objections that fail to meet this requirement may be
			 stricken upon motion of any party or the commission staff or upon motion of the
			 commission, the legal director, the deputy legal director, or the
			 ALJ. Except for rate
			 proceedings, if the commission staff modifies any portion of the report after
			 objections are filed, then any party may raise new objections in response to
			 such modification within fifteen days after such modification is filed with the
			 commission.
(C) The
			 objections to the report described in paragraph (A) of this rule, shall frame
			 the issues in the proceeding, although the commission, the legal director, the
			 deputy legal director, or the 
								ALJ may designate additional
			 issues or areas of inquiry. Unless otherwise ordered by the commission, the
			 legal director, the deputy legal director, or the ALJ,
			 all material findings and conclusions set forth in the report to which no
			 objection has been filed are deemed admitted for purposes of the proceeding. At
			 the hearing, any party who has filed objections may present evidence in support
			 of those objections. The commission or the presiding hearing officer may, in
			 their discretion, permit the parties to present evidence or conduct
			 cross-examination concerning additional issues. Any party may present rebuttal
			 testimony in response to direct testimony or other evidence presented by any
			 other party or by the commission staff, unless otherwise ordered by the
			 commission, the legal director, the deputy legal director, or the
			 ALJ.
(D) In a rate case proceeding,
			 an objection to a staff report will be deemed withdrawn if a party fails to
			 address the objection in its initial brief.
(E) Unless otherwise ordered by the
			 commission, in all other cases in which the commission orders an investigation
			 to be performed by staff and the filing of a report, the report
			 is
			 deemed admitted into evidence at the time it is filed with the commission, but
			 all or part of such report may subsequently be stricken upon motion of the
			 commission, the legal director, the deputy legal director, or an
			 ALJ, or upon motion of any party for good cause shown.
			 If a staff report described in this paragraph is admitted into evidence,
			 interested persons will have some opportunity, to be determined by the
			 commission, to submit testimony, file comments, or file objections to the
			 report. If a hearing is scheduled in the case in which the report is filed, any
			 person making or contributing to the report may be subpoenaed to testify at the
			 hearing in accordance with paragraph (A) of rule
			 4901-1-25 of the Administrative
			 Code, but the unavailability of such persons does not affect
			 the admissibility of the report. Objections or comments to a report described
			 in this paragraph should not be filed unless directed by the commission,
			 the legal director, the deputy legal director, or the
			 ALJ.