Ohio Administrative Code › Title 3517 - Ohio Elections Commission › Chapter 3517-1 - Proceedings Before the Ohio Elections Commission › Section 3517-1-03 - Service of documents commencing proceedings

Current through all regulations passed and filed through July 1, 2024
(A) Who may be served.
Complaints shall be served upon respondents as detailed in this
				rule and otherwise in conformity with Ohio Rules of Civil Procedure
				4.2(1)-(14).
(B)
			 Preparation of process.
Commission staff shall place a copy of the complaint, a copy of
				these rules of procedure, a copy of the Ohio Revised Code section(s)
				encompassing the jurisdiction of the commission, a notice of the determination
				or recommendation made by commission counsel, as appropriate, including any
				date set by the commission to take action on the complaint, and any other
				necessary documents, in a sealed envelope addressed to the parties in the
				complaint to be served at the address set forth in the complaint.
(C) Methods of service.
Complaints shall be served upon the parties named in the
				complaint in the following manner with address correction requested:
(1) Certified mail service.
The sealed envelope shall be placed in the regular United
				States mail with the United States postal service (USPS), postage pre-paid,
				certified mail return receipt requested, with instructions to forward and with
				instructions to the delivering postal employee to show to whom delivered, date
				of delivery and address where delivered. Staff shall note the date of mailing
				and the certified number in the records of the commission. Upon return of the
				receipt, or of the mailing undelivered, staff shall enter the fact of same in
				the records of the commission and place the receipt or envelope in the case
				file. Service shall be complete upon receipt, as evidenced by the return
				receipt.
(2) Personal
			 service.
Upon written request of a party, or counsel to a party, for
				designation of a suitable person to make personal service, approved by counsel
				to the commission, service of
The sealed envelope shall be made by the designated person, at
				the sole expense of the requesting party, in conformance with Ohio Rules of
				Civil Procedure, Rules 4.1(2) and 4.3(B)(2).
(3) Refused or unclaimed service.
If the certified mail envelope containing service of process is
				returned marked "refused" or "unclaimed" by the USPS, or if the return of
				service by the designated process server states that service was refused but
				the stated address appeared to be that of the person to be served, staff shall
				retain in the commission records the failed service unopened and send, by
				ordinary U.S. mail postage pre-paid, the documents outlined in paragraph (B) of
				rule 3517-1-03 of the Administrative Code. The fact of mailing shall be noted
				in the records of the commission. If not returned within fourteen days, service
				shall be complete on the date of mailing.
(4) Undeliverable or forwarding order
			 expired.
If the certified mail envelope is returned marked
				"undeliverable as addressed" or "moved, forwarding order expired" by the USPS,
				or if return of service by the designated process server states that it appears
				that the party to be served cannot be found at the address given, staff shall
				notify the designated contact person of the facts and request an updated
				address for service, if available. If an updated address is given, said notice
				shall be given by regular U.S. mail, postage pre-paid. If no updated address is
				available, staff shall remove the matter from the commission's docket and
				notify the party of said action and removal.
(5) FAX and/or telephone service.
In cases which will receive the expedited hearing process
				before a probable cause panel as outlined in rule
				3517-1-10 of
				the Administrative Code, commission staff may also make service by FAX or
				telephone, in conjunction with other available service methods. Such service is
				intended to inform the complainant and respondent, as applicable, of the time
				and date of the probable cause panel meeting.
If the probable cause panel finds that probable cause is
				present, or assigns an investigative attorney, this type of service will be
				used to notify the respondent of the date and time of the meeting of the full
				commission. This service is intended to confer on all parties an opportunity to
				appear at commission meetings, whether by panel or by the full commission. This
				type of service is intended to supplement mail service and will be sufficient
				to notify a party of commission hearings and actions when that party makes an
				appearance before a panel of the commission or the full commission.