reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-1 - Certification; Confidential Personal Information › Section 4783-1-08 - Confidentiality statutes

Current through all regulations passed and filed through July 1, 2024
The following federal statutes or
				regulations or state statutes and administrative rules make personal
				information maintained by the agency confidential and identify the confidential
				personal information within the scope of rules promulgated by this agency in
				accordance with section
				1347.15 of the Revised
				Code:
(A)
								 Social security numbers:
			 5
			 U.S.C. 552 a. (2012), unless the individual
			 was told that the number would be disclosed.
(B)
								 "Bureau of
			 Criminal Investigation and Information" criminal records check results: section
			 4776.04 of the Revised
			 Code.
(C)
								 Medical records: health insurance portability and
			 accountability act,
			 45
			 C.F.R. 164.502 (2013).
(D)
								 College and
			 university academic transcripts received by the board: family educational and
			 privacy act
			 20
			 U.S.C. 1232 g(2012).
Five Year Review (FYR) Dates:
				3/26/2019 and
				03/25/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 1347.15(B)
Rule Amplifies:
				1347.15
Prior
				Effective Dates: 01/23/2014 (Emer.),
				04/07/2014
Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-2 - Continuing Education › Section 4783-2-02 - Procedures for recording, filing, and reporting continuing education

Current through all regulations passed and filed through July 1, 2024
(A) Record of
			 completion of continuing education.
(1) Each
			 certified Ohio behavior analyst shall arrange with the "Behavior Analyst
			 Certification Board," "Ohio Psychological Association" or the "Ohio School
			 Psychologists Association," to record and maintain the record of all CE hours,
			 and the CE experience in which the hours were accrued, that are to be
			 
									used in fulfillment of the CE requirements for
			 certificate renewal. In accordance with the requirements of division (B) of
			 section 4783.05 of the Revised Code,
			 such record shall constitute the proof necessary to document completion of
			 continuing education. The "Behavior Analyst Certification Board," the "Ohio
			 Psychological Association" and the "Ohio School Psychologists Association,"
			 shall, pursuant to written agreements with the board, make determinations as to
			 whether the CE program is substantially relevant to the practice of applied
			 behavior analysis.
(2) All records
			 maintained by the "Behavior Analyst Certification Board," "Ohio School
			 Psychologists Association" and/or by the "Ohio Psychological Association" of CE
			 credits that are to be 
									used for qualification of certificate renewal of
			 any psychologist or any school psychologist shall be available for board
			 review, in accordance with procedures established by the board and the
			 record-keeping entities. Records of continuing education not
			 
									made
			 available for board review shall not count toward the CE requirements for
			 certificate renewal.
Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-3 - Definitions › Section 4783-3-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								 As used in agency 4783 of the Administrative Code, the
			 terms "certified Ohio behavior analyst," and "the practice of applied behavior
			 analysis" " have the same meanings as set forth in section
			 4783.01 of the Revised
			 Code.
(B)
								 The "practice of applied behavior analysis," as
			 distinct from the performance of behavior analysis procedures or tasks,
			 includes but is not restricted to the use of the title "certified Ohio behavior
			 analyst" or "applied behavior analyst."
(C)
								 "Board" shall
			 mean the state board of psychology.
(D)
								 "Accredited or
			 recognized by a regional or national accrediting agency" or "accredited
			 educational institution" means that an educational institution meets prescribed
			 standards that are necessary but not necessarily sufficient to qualify its
			 graduates for consideration for certification based on a demonstration of
			 meeting equivalent requirements pursuant to division (A)(4) of section
			 4783.04 of the Revised
			 Code.
(E)
								 "National or regional accrediting agencies" means one
			 of the following agencies:
(1)
									 "Middle States Association of Colleges and Schools -
			 Commission on Higher Education"
(2)
									 "New England
			 Association of Schools and Colleges"
(3)
									 "North Central
			 Association of Colleges and Schools"
(4)
									 "Northwest
			 Association of Schools and Colleges"
(5)
									 "Southern
			 Association of Colleges and Schools"
(6)
									 "Western
			 Association of Schools and Colleges - Accrediting Commission for Senior
			 Colleges"
Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-4 - Requirements for Certification; Crimminal Records Check › Section 4783-4-02 - Exceptions to requiring verification of certification by the behavior analyst certification board; reciprocity

Current through all regulations passed and filed through July 1, 2024
Pursuant to division (C) of section
				4783.04 of the Revised Code
				and
								
								upon application by an applied behavior analyst
				licensed or certified by the licensing department of another state, a
				territory, or the District of Columbia, who wishes to practice in this state,
				the state board of psychology 
								shall issue a certificate to practice applied
				behavior analysis without requiring written verification from the "Behavior
				Analyst Certification Board" provided he/she also:
(A) Demonstrates compliance with the
			 requirements in 
								paragraph (B)(2)  of rule
			 4783-1-01 of the Administrative
			 Code and compliance with paragraph (C) of rule
			 4783-4-01 of the Administrative
			 Code and pays the required fee.
(B) Makes available to the board primary
			 source verification of active licensure or certification as an applied behavior
			 analyst by the appropriate licensing department of another state, a territory,
			 or the District of Columbia for at least one year
			 preceding the the date of submission of the application and has been actively
			 engaged in the practice of applied behavior analysis for at least one of the
			 five years immediately preceding the submission of the
			 application.
Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-4 - Requirements for Certification; Crimminal Records Check › Section 4783-4-03 - Criminal records check

Current through all regulations passed and filed through July 1, 2024
(A)
								 In addition to
			 the requirements established in rules
			 4783-9-01
			 and 4783-9-02 of the Administrative Code, all applicants for initial
			 certification as a certified Ohio behavior analyst shall submit to a criminal
			 records check completed by the bureau of criminal identification and
			 investigation in accordance with section
			 4783.04 of the Revised
			 Code.
(B)
								 The board shall not grant a certificate to an
			 applicant for an initial certificate to practice applied behavior analysis
			 unless the applicant completes a criminal background check and the board, in
			 its discretion, decides that the results do not make the applicant ineligible
			 for a certificate.
(C)
								 The applicant requesting a criminal records check
			 shall submit with a request to the bureau of criminal identification and
			 investigation: a completed copy of a form prescribed under division (C)(1) of
			 section 109.572 of the Revised Code; a
			 set of fingerprint impressions obtained as described in division (C)(2) of
			 section 109.572 of the Revised Code; the
			 applicant's name and address; the board's name and address; and, a request that
			 the superintendent of the bureau of criminal identification and investigation
			 obtain from the federal bureau of investigation any information it has
			 pertaining to the applicant.
(D)
								 The board shall
			 only accept results of a criminal records check submitted to the board directly
			 from the bureau of criminal identification and investigation.
(E)
								 The applicant
			 shall bear all costs associated with the criminal records check as determined
			 by the bureau of criminal identification and investigation, the federal bureau
			 of investigation, and by any agency with authority to charge a fee for
			 fingerprint impressions.
Five Year Review (FYR) Dates:
				3/26/2019 and
				03/25/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 4783.03
Rule
				Amplifies: 4783.04
Prior
				Effective Dates: 01/23/2014 (Emer.),
				04/07/2014
Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-4 - Requirements for Certification; Crimminal Records Check › Section 4783-4-04 - Temporary licensure for members of the military and spouses

Current through all regulations passed and filed through July 1, 2024
(A)
								"Military duty" has the same meanings as in section
			 4743.041
			 of the Revised Code.
(B)
								The board shall include questions on all applications
			 for initial licensure inquiring as to whether the applicant is an active
			 military duty service member or the spouse of an active military duty service
			 member.
(C)
								Pursuant to division (D) of section
			 4743.041
			 of the Revised Code, the state board of psychology shall issue a temporary
			 certified Ohio behavior analyst license if the individual demonstrates to the
			 satisfaction of the board all of the following:
(1)
									The individual
			 provides adequate proof to the board that the individual or the individual's
			 spouse has been deployed to military duty in Ohio;
(2)
									The individual
			 holds a valid license to practice applied behavior analysis the behavior
			 analyst licensing agency of another United States jurisdiction;
(3)
									The individual is
			 in good standing in all states and jurisdictions of licensure;
			 and,
(4)
									The individual complies with the criminal records check
			 requirements of rule
			 4783-4-03
			 of the Administrative Code.
Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-5 - Exemptions › Section 4783-5-01 - Exemptions from certification requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								 The scope of
			 this rule concerns only those persons who do not hold a certificate to engage
			 in the practice of applied behavior analysis granted by the state board of
			 psychology.
(B)
								 Exemptions from certification requirements
			 include:
(1)
									 An
			 individual licensed under Chapter 4732. of the Revised Code to practice
			 psychology, if the practice of applied behavior analysis engaged in by the
			 licensed psychologist is within the licensed psychologist's education, training
			 and experience;
(2)
									 An individual licensed under Chapter 4757. of the
			 Revised Code to practice counseling, social work, or marriage and family
			 therapy, if the practice of applied behavior analysis engaged in by the
			 licensed professional counselor, professional clinical counselor, licensed
			 social worker, independent social worker, or licensed marriage and family
			 therapist is within the license holder's education, training and
			 experience;
(3)
									 An individual acting under the authority and direction
			 of an individual described in paragraph (1) or (2) of this
			 rule;
(4)
									 An individual practicing applied behavior who is
			 supervised by a certified Ohio behavior analyst and acting under the authority
			 and direction of that certified Ohio behavior analyst;
(5)
									 The delivery of
			 interventions by a direct care provider or family member to implement
			 components of an applied behavior analysis treatment plan;
(6)
									 A behavior
			 analyst who practices with nonhuman or nonpatient clients or consumers,
			 including applied animal behaviorists and practitioners of organizational
			 behavior management;
(7)
									 A licensed professional authorized to practice in this
			 state who, in the offering or rendering of services, does not represent oneself
			 in any printed materials or verbally by incorporating the term "applied
			 behavior analyst" if the services of the licensed professional are within the
			 scope of practice of the licensing law governing the licensed professional and
			 the services performed are commensurate with the licensed professional's
			 education, training and experience;
(8)
									 A matriculated
			 graduate student or postdoctoral trainee whose activities are part of a defined
			 program of study or professional training;
(9)
									 An individual
			 employed by the department of developmental disabilities, a county board of
			 developmental disabilities, or a council of government consisting of county
			 boards of developmental disabilities, when the individual is acting in the
			 scope of that employment;
(10)
									 A professional
			 employed in a school or other setting that falls under the regulation of the
			 state board of education when the professional is acting within the scope of
			 that employment.
Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-6 - Supervision › Section 4783-6-01 - Purposes of supervision

Current through all regulations passed and filed through July 1, 2024
(A)
								 To protect the
			 welfare of clients receiving applied behavior analysis services under the
			 direction of a certified Ohio behavior analyst.
(B)
								 To structure the
			 activities of the supervisee so that competent applied behavior analysis
			 services delivered by a non-certified person can safely be made available to
			 clients.
(C)
								 To ensure that non-certified persons function within
			 the limits of his/her competence.
Five Year Review (FYR) Dates:
				3/26/2019 and
				03/25/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 4783.03
Rule
				Amplifies: 4783.02(B)(3)
Prior Effective Dates: 01/23/2014 (Emer.),
				04/07/2014
Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-6 - Supervision › Section 4783-6-02 - Requirements pertaining to supervision

Current through all regulations passed and filed through July 1, 2024
(A) Oversight of the treatment plan. An
			 applied behavior analysis treatment plan will typically be delivered through a
			 tiered structure using the services of supervisees, such as behavioral
			 technicians or assistants, acting under the authority and direction of a
			 certified Ohio behavior analyst. Non-supervisees such as family members,
			 community care workers, teachers, and direct care providers, might also, upon
			 agreement by the client and based on the professional judgment of the certified
			 Ohio behavior analyst, be included in various capacities in the treatment plan.
			 The certified Ohio behavior analyst shall exercise and retain oversight of the
			 implementation of the treatment plan by both supervisees and non-supervisees.
(1) If in the professional judgment of the
			 certified Ohio behavior analyst the individuals delivering the treatment plan
			 are not competent or are unwilling to follow the treatment plan, the certified
			 Ohio behavior analyst is responsible for retraining on the treatment plan,
			 modifying the treatment plan, or if necessary, discontinuing the treatment
			 plan.
(2) The certified Ohio
			 behavior analyst has more specific responsibilities for supervisees working
			 directly under the authority and direction of the certified Ohio behavior
			 analyst, pursuant to paragraph (C) of this rule.
Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-7 - Disciplinary Action › Section 4783-7-01 - General rules of professional conduct pursuant to section 4783.09 of the Revised Code

Current through all regulations passed and filed through July 1, 2024
(A) General considerations:
(1) Purpose. The rules of professional
			 conduct constitute the standards against which the required professional
			 conduct of a certified Ohio behavior analyst is measured.
(2) Scope. The rules of professional conduct
			 shall apply to the conduct of all certified Ohio behavior analysts, including
			 the applicant's conduct during the period of any education, training or
			 employment that is required for certification. The term "certified Ohio
			 behavior analyst" as used within these rules of professional conduct, shall be
			 interpreted accordingly, whenever applied behavior analysis is being provided
			 in any context.
(3) Violations. A
			 violation of the rules of professional conduct constitutes unprofessional
			 conduct and is sufficient reason for a reprimand, suspension or revocation of a
			 certificate, or denial of either original certification or request for
			 reinstatement of certification.
(4)
			 Aids to interpretation. Ethics codes and standards for providers promulgated by
			 the "Behavior Analyst Certification Board" the "American Psychological
			 Association," and other relevant professional groups shall be used as aids in
			 resolving ambiguities that may arise in the interpretation of the rules of
			 professional conduct, except that these rules of professional conduct shall
			 prevail whenever any conflict exists between these rules and any professional
			 association or certification board standard.
(5) A certified Ohio behavior analyst, or an
			 applicant for certification, shall provide a written response within a
			 reasonable period of time not to exceed sixty days to any written inquiry,
			 regarding compliance with law or rule, received from the
			 board.
Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-7 - Disciplinary Action › Section 4783-7-02 - Certificate restoration

Current through all regulations passed and filed through July 1, 2024
At any time after the suspension or
				revocation of a certificate, the state board of psychology may restore the
				certificate upon the written finding by the board that circumstances so
				warrant. The board may require mental, physical, or professional examination of
				the applicant for restoration of the certificate before such
				restoration.
Five Year Review (FYR) Dates:
				3/26/2019 and
				03/25/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 4783.03
Rule
				Amplifies: 4783.09(A),
				4783.03(B)
Prior Effective Dates: 01/23/2014 (Emer.),
				04/07/2014
Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-8 - Remedies › Section 4783-8-01 - Unlawful practices may be enjoined

Current through all regulations passed and filed through July 1, 2024
Consistent with section
				4783.02 of the Revised Code, on
				complaint by the state board of psychology, the unlawful practice of applied
				behavior analysis may be enjoined by the common pleas court in the county in
				which such practice is occurring.
Five Year Review (FYR) Dates:
				3/26/2019 and
				03/25/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 4783.03
Rule
				Amplifies: 4783.02(A)
Prior Effective Dates: 01/23/2014 (Emer.),
				04/07/2014
Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-8 - Remedies › Section 4783-8-02 - Disposition of fines

Current through all regulations passed and filed through July 1, 2024
All fines collected for violations of
				section 4783.99 of the Revised Code
				shall be distributed as follows:
(A)
								 One half to the
			 state board of psychology;
(B)
								 One half to the
			 municipal corporation in which the offense was committed or, if the offense was
			 committed outside of a municipal corporation, to the county in which the
			 offense was committed.
Five Year Review (FYR) Dates:
				3/26/2019 and
				03/25/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 4783.03
Rule
				Amplifies: 4783.99
Prior
				Effective Dates: 01/23/2014 (Emer.),
				04/07/2014
Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-9 - Enforcement › Section 4783-9-01 - Enforcement and discipline

Current through all regulations passed and filed through July 1, 2024
Certified Ohio behavior analysts
				governed by Chapter 4783. of the Revised Code and by these rules shall be
				disciplined in accordance with Chapters 4783. and 119. of the Revised Code for
				violation of these rules.
Five Year Review (FYR) Dates:
				3/26/2019 and
				03/25/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 4783.03
Rule
				Amplifies: 4783.09
Prior
				Effective Dates: 01/23/2014 (Emer.),
				04/07/2014
Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-10 - Severability of Rules › Section 4783-10-01 - Independent rules

Current through all regulations passed and filed through July 1, 2024
Each rule of rules
				4783-1-01
				to
				4783-9-01
				of the Administrative Code and every part of each rule is hereby declared to be
				an independent rule, and the holding of any rule or part thereof to be
				unconstitutional, void, or ineffective for any cause shall not affect he
				validity or constitutionality of any other rule or part thereof.
Five Year Review (FYR) Dates:
				3/26/2019 and
				03/25/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 4783.03
Rule
				Amplifies: 4783.03(B)
Prior Effective Dates: 01/23/2014 (Emer.),
				04/07/2014
Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-11 - Military and Veterans › Section 4783-11-01.1 - Consideration of military experience, education, training and term of service

Current through all regulations passed and filed through July 1, 2024
(A) Eligibility for
			 certification.
In accordance with Chapter 5903. of the Revised Code, the board
				has determined that there are no military programs of training, military
				specialties, and lengths of service that are substantially equivalent to or
				which exceed the national certification, education and supervised training
				requirements for certification as an certified Ohio behavior analyst.
(B) Definitions related to
			 military service and veteran status.
(1)
			 "Armed forces" means the armed forces of the United States or a reserve
			 component of the armed forces of the United States, including the army, navy,
			 air force, marine corps, cost guard, or any reserve components of those forces;
			 the national guard of any state; the commissioned corps of the United States
			 public health service; the merchant marine service during wartime; such other
			 service as may be designated by congress; or the Ohio organized militia when
			 engaged in full-time national guard duty for a period of more than thirty
			 days.
(2) "Member" means any person
			 who is serving in the armed forces.
(3) "Veteran" means any person who has
			 completed service in the armed forces and who has been discharged honorably or
			 under honorable conditions or who has been transferred to the reserve with
			 evidence of satisfactory service.
Ohio Administrative Code › Title 4783 - Behavior Analysts › Chapter 4783-11 - Military and Veterans › Section 4783-11-01.2 - Temporary certificate for military spouse

Current through all regulations passed and filed through July 1, 2024
(A)
								 In accordance
			 with division (C) of section
			 4743.04 of the Revised Code, an
			 individual whose spouse is ordered to active duty in this state is eligible for
			 a temporary military spousal certificate to practice as a certified Ohio
			 behavior analyst.
(B)
								 An application for temporary military spousal
			 certification shall include, but is not necessarily limited to, the
			 following:
(1)
									
			 Proof that the applicant is married to an active duty member of the armed
			 forces;
(2)
									 Proof that the applicant holds a valid, unrestricted
			 board certified behavior analyst credential issued by the behavior analyst
			 certification board or its successor organization;
(3)
									 Proof that the
			 applicant's spouse is assigned to a duty station in Ohio and the applicant is
			 also assigned to a duty station in Ohio pursuant to the spouse's active duty
			 orders;
(4)
									 Submission of the application fee in effect at the
			 time of the receipt of the application;
(5)
									 Board approval
			 of a written statement from the candidate that he/she has read and will comply
			 with the requirements set forth in Chapter 4783. of the Revised Code and Agency
			 4783 of the Administrative Code; and
(6)
									 Applicant
			 compliance with sections
			 4776.01 to
			 4776.04 of the Revised Code. The
			 state board of psychology shall not grant a license to an applicant for an
			 initial license unless the applicant complies with sections
			 4776.01 to
			 4776.04 of the Revised Code and
			 the board, in its discretion, decides that the results of the criminal records
			 check do not make the applicant ineligible for a license issued pursuant to
			 section 4783.04 of the Revised
			 Code.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-02 - Filing of pleadings and other documents

Current through all regulations passed and filed through July 1, 2024
(A) General provisions
(1) The official address of the commission's
			 docketing division is: "Public Utilities Commission of Ohio, Docketing
			 Division, 180 East Broad Street, Columbus, Ohio 43215-3793."
(2) The internet address of the commission's
			 docketing division is
http://dis.puc.state.oh.us
.
(3) The docketing division is open from
			 seven-thirty a.m. to five-thirty p.m., Monday through Friday, except on state
			 holidays.
(4) Except as discussed
			 in paragraph (D) of this rule, no document is considered filed with the
			 commission until it is received and date-stamped by the docketing division. An
			 application for an increase in rates filed under section
			 4909.18 of the Revised Code, a
			 complaint concerning an ordinance rate filed by a public utility under section
			 4909.34 of the Revised Code, and
			 a petition filed by a public utility under section
			 4909.35 of the Revised Code
			 is not
			  considered filed until the commission
			 determines that the application, complaint, or petition complies with the
			 requirements of rule
			 4901-7-01 of the Administrative
			 Code.
(5) The commission reserves
			 the right to redact any material from a filed document or reject a filed document prior to posting the
			 document on the docketing information system if the commission finds the
			 material to be confidential personal information, a trade secret, or
			 inappropriate for posting to its website.
(6) A party seeking to consolidate a new case
			 with one or more previously filed cases may file a
			 motion to consolidate the cases.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-03 - Form of pleadings and other papers

Current through all regulations passed and filed through July 1, 2024
(A) All pleadings or other papers to be filed
			 with the commission shall contain  the name of the commission, the title of the
			 proceeding, and the nature of the pleading or paper. All pleadings or papers
			 filed subsequently to the original filing or commission entry initiating the
			 proceeding shall contain the case name and docket number of the proceeding.
			 Such pleadings or other papers shall also contain the name, address, and
			 telephone number of the person filing the paper, or the name, address,
			 telephone number, email addresses and attorney
			 registration number of his or her attorney, if such person is represented by
			 counsel. 
								A party not represented by an
			 attorney who is willing to accept service of filed documents by fax
			 may
			 include a fax number and the following phrase
			 next to or below its fax number: (willing to accept service by fax).
			 
								A
			 party not represented by an attorney who is willing to accept service of filed
			 documents by 
								email
								may include the following phrase next to or below
			 its 
								email address: (willing to accept service by
			 email).
(B) All pleadings or other papers to be filed
			 with the commission shall be printed, typewritten, or legibly handwritten on
			 eight and one-half by eleven-inch paper. This requirement does not apply to:
(1) Original documents to be offered as
			 exhibits.
(2) Copies of original
			 documents to be offered as exhibits, where compliance with this requirement
			 would be impracticable.
(3) Forms
			 approved or supplied by the commission.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-04 - Signing of pleadings

Current through all regulations passed and filed through July 1, 2024
All applications, complaints, or other pleadings filed by any
				person shall be signed by that person or by his or her attorney, but need not
				be verified unless specifically required by law or by the commission. Persons
				who e-file or fax file documents 
								may use "/s/" followed by their name to indicate
				a signature or an electronic signature where applicable.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-06 - Amendments

Current through all regulations passed and filed through July 1, 2024
Unless otherwise provided by law, the commission, the legal
				director, the deputy legal director, or an 
								ALJ may, upon their own motion
				or upon motion of any party for good cause shown, authorize the amendment of
				any application, complaint, long- term forecast report, or other pleading filed
				with the commission.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-07 - Computation of time

Current through all regulations passed and filed through July 1, 2024
Unless otherwise provided by law or by the commission:
(A) In computing any period of time
			 prescribed or allowed by the commission, the date of the event from which the
			 period of time begins to run 
								is not 
			 included. The last day of the period so computed 
								is included,
			 unless it falls on a Saturday, Sunday, or legal holiday, in which case the
			 period of time 
								runs until the end of the next day that is not a
			 Saturday, Sunday, or legal holiday. Unless otherwise noted, time is measured in
			 calendar, not business, days.
(B)
			 Whenever a party is permitted or required to take some action within a
			 prescribed period of time after a pleading or other paper is served upon him or
			 her and service is made by mail, three days may be added to
			 the prescribed period of time.
(C)
			 Whenever a party is permitted or required to take some action within a
			 prescribed period of time after a pleading or other paper is served upon him or
			 her and service is made by personal, fax, or
			 email service and is completed after five thirty p.m.,
			 one day may be added to the prescribed period of time. The
			 applicable time zone is the time zone where the recipient is located, but
			 will be no earlier than
			 the actual close of the commission offices.
(D) If the commission office is closed to the
			 public for the entire day that constitutes the last day for doing an act or
			 closes before its usual closing time on that day, the act may be performed on
			 the next succeeding day that is not a Saturday, Sunday, or legal
			 holiday.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-08 - Practice before the commission, representation of corporations, and designation of counsel of record

Current through all regulations passed and filed through July 1, 2024
(A) Except as otherwise provided in section
			 4901.14 of the Revised Code and
			 paragraphs (B), (C), and (D) of this rule, each party not appearing in propria
			 persona shall be represented by an attorney-at-law authorized to practice
			 before the courts of this state. Corporations must be represented by an
			 attorney-at-law.
(B) An
			 out-of-state attorney may seek permission to appear pro hac vice before the
			 commission in any activity of a case upon the filing of a motion
								and compliance
			 with section 2 of rule XII of the Supreme
			 Court Rules for the Government of the Bar of Ohio.
(C) Certified legal interns may appear before
			 the commission under the direction of a supervising attorney, in accordance
			 with rule II of the Supreme Court Rules for the Government of the Bar of Ohio.
			 No legal intern 
								may participate in a commission hearing in the
			 absence of the supervising attorney without the written consent of the
			 supervising attorney and the approval of the commission or the presiding
			 hearing officer.
(D) If a
			 prehearing conference is scheduled to discuss settlement of the issues in a
			 
								complaint case, any person
								except an out-of-state attorney not in
			 compliance with paragraph (B) of this rule, with the requisite authority
			 to settle the issues in the case may represent a party at the
			 
								conference.
(E) Where a party is represented by more than
			 one attorney, one of the attorneys shall be designated as the "counsel of
			 record," who 
								has principal responsibility for the party's
			 participation in the proceeding. The designation "counsel of record" shall
			 appear following the name of that attorney on all pleadings or papers submitted
			 on behalf of the party.
(F) No
			 attorney 
								may withdraw from a commission proceeding without
			 prior written notice to the commission and serving a copy of the notice upon
			 the parties to the proceeding.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-09 - Ex parte discussion of cases

Current through all regulations passed and filed through July 1, 2024
After a case has been assigned a formal docket number, no
				commissioner or 
								ALJ assigned to the case
				
								may
				discuss the merits of the case with any party to the proceeding or a
				representative of a party, unless all parties have been notified and given the
				opportunity to be present or to participate by telephone, or a full disclosure
				of the communication insofar as it pertains to the subject matter of the case
				is made. When an ex parte discussion occurs, a representative of the party or
				parties participating in the discussion shall prepare a document identifying
				all the participants and the location of the discussion, and fully disclosing
				the communications made. Within two business days of the occurrence of the ex
				parte discussion, the document shall be provided to the commission's legal
				director, the legal director's
								 designee, or to an 
								ALJ present at the discussion
				for review. Upon completion of the review, the final document with any
				necessary changes shall be filed with the commission's docketing division
				within two business days and the filer shall serve a copy upon the parties to
				the case and to each participant in the discussion. The document filed and
				served shall include the following language: Any participant in the discussion
				who believes that any representation made in this document is inaccurate or
				that the communications made during the discussion have not been fully
				disclosed 
								may prepare a letter explaining the participant's
				disagreement with the document, file the letter with the commission, and serve the letter upon all parties and
				participants in the discussion within two business days of receipt of this
				document.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-10 - Parties

Current through all regulations passed and filed through July 1, 2024
(A) The parties to
			 a commission proceeding 
								includes:
(1)
			 Any person who files an application, petition, long-term forecast report, or
			 complaint.
(2) Any public utility,
			 railroad, or private motor carrier against whom a complaint is filed.
(3) Any public utility, railroad, or private
			 motor carrier whose rates, charges, practices, policies, or actions are
			 designated as the subject of a commission investigation.
(4) Any person granted leave to intervene
			 under rule
			 4901-1-11 of the Administrative
			 Code.
(5) Any municipal corporation
			 
									that
			 has enacted an ordinance which is subsequently challenged in a complaint filed
			 under section 4909.34 of the Revised
			 Code.
(6) Any person cited for
			 failure to maintain liability insurance as required by section
			 
									4921.09
									 of the Revised Code.
(7) Any person who files a request for an
			 administrative hearing in a transportation civil forfeiture case.
(8) Any other person expressly made a party
			 by order of the commission.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-11 - Intervention

Current through all regulations passed and filed through July 1, 2024
(A) Upon timely
			 motion, any person 
								may intervene in a proceeding upon a showing
			 that:
(1) A statute of this state or the
			 United States confers a right to intervene.
(2) The person has a real and substantial
			 interest in the proceeding, and the person is so situated that the disposition
			 of the proceeding may, as a practical matter, impair or impede his or her
			 ability to protect that interest, unless the person's interest is adequately
			 represented by existing parties.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-12 - Motions

Current through all regulations passed and filed through July 1, 2024
(A) All motions,
			 unless made at a public hearing or transcribed prehearing conference, or unless
			 otherwise ordered for good cause shown, shall be in writing and shall be
			 accompanied by a memorandum in support. The memorandum in support shall contain
			 a brief statement of the grounds for the motion and citations of any
			 authorities relied upon.
(B) Except
			 as otherwise provided in paragraphs (C) and (F) of this rule:
(1) Any party may file a memorandum contra
			 within fifteen days after the service of a motion, or such other period as the
			 commission, the legal director, the deputy legal director, or the
			 
									ALJ
									orders.
(2) Any party may file a reply memorandum
			 within seven days after the service of a memorandum contra, or such other
			 period as the commission, the legal director, the deputy legal director, or the
			 
									ALJ
									orders.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-13 - Continuances and extensions of time

Current through all regulations passed and filed through July 1, 2024
(A) Except as otherwise provided by law, and
			 notwithstanding any other provision in this chapter, continuances of public
			 hearings and extensions of time to file pleadings or other papers may be
			 granted upon motion of any party for good cause shown, or upon motion of the
			 commission, the legal director, the deputy legal director, or an
			 ALJ.
(B) A
			 motion for an extension of time to file a document must be timely filed so as
			 to permit the commission, legal director, deputy legal director, or
			 
								ALJ sufficient time to consider the request and to
			 make a ruling prior to the established filing date. If two or more parties have
			 similar documents due the same day and a party intends to seek an extension of
			 the filing date, the moving party must file its motion for an extension
			 sufficiently in advance of the existing filing date so that other parties who
			 might be disadvantaged by submitting their filing prior to the movant
			 submitting its filing will not be disadvantaged. If two or more parties have
			 similar documents due the same day and the motion for an extension is filed
			 fewer than five business days before the document is scheduled to be filed,
			 then the moving party, in addition to regular service of the motion for an
			 extension, must provide a brief summary of the request to all other parties
			  no later than five-thirty p.m. on the day the motion is
			 filed.
(C) A copy of any written
			 ruling granting or denying a request for a continuance or extension of time
			 shall be served upon all parties to the proceeding.
(D) Nothing in this rule restricts or limits
			 the authority of the presiding hearing officer to issue oral rulings during
			 public hearings or transcribed prehearing conferences.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-14 - Procedural rulings

Current through all regulations passed and filed through July 1, 2024
The legal director, the deputy legal director, or an
				
								ALJ may rule, in writing, upon any procedural motion
				or other procedural matter. A copy of any such ruling
				will be
				served upon all parties to the proceeding.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-15 - Interlocutory appeals

Current through all regulations passed and filed through July 1, 2024
(A) Any party who is adversely affected
			 thereby may take an immediate interlocutory appeal to the commission from any
			 ruling issued under rule
			 4901-1-14 of the Administrative
			 Code or any oral ruling issued during a public hearing or prehearing conference
			 that does any of the following:
(1) Grants a
			 motion to compel discovery or denies a motion for a protective order.
(2) Denies a motion to intervene, terminates
			 a party's right to participate in a proceeding, or requires intervenors to
			 consolidate their examination of witnesses or presentation of
			 testimony.
(3) Refuses to quash a
			 subpoena.
(4) Requires the
			 production of documents or testimony over an objection based on
			 privilege.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-16 - General provisions and scope of discovery

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of rules 4901-1-16 to
			 4901-1-24 of the Administrative
			 Code is to encourage the prompt and expeditious use of prehearing discovery in
			 order to facilitate thorough and adequate preparation for participation in
			 commission proceedings. This chapter is also intended to minimize commission
			 intervention in the discovery process.
(B) Except as otherwise provided in
			 paragraphs (G) and (I) of this rule, any party to a commission proceeding may
			 obtain discovery of any matter, not privileged, which is relevant to the
			 subject matter of the proceeding. It is not a ground for objection that the
			 information sought would be inadmissible at the hearing, if the information
			 sought appears reasonably calculated to lead to the discovery of admissible
			 evidence. Discovery may be obtained through interrogatories, requests for the
			 production of documents and things or permission to enter upon land or other
			 property, depositions, and requests for admission. Aside from the express limits reflected in Chapter 4901-1 of
			 the Administrative Code,
								the frequency of using these discovery methods is not
			 limited unless the commission orders otherwise under rule
			 4901-1-24 of the Administrative
			 Code.
(C) Any party may, through
			 interrogatories, require any other party to identify each expert witness
			 expected to testify at the hearing and to state the subject matter on which the
			 expert is expected to testify. Thereafter, any party may discover from the
			 expert or other party facts or data known or opinions held by the expert which
			 are relevant to the stated subject matter. A party who has retained or
			 specially employed an expert may, with the approval of the commission, require
			 the party conducting discovery to pay the expert a reasonable fee for the time
			 spent responding to discovery requests.
(D) Discovery responses which are complete
			 when made need not be supplemented with subsequently acquired information
			 except in the following situations:
(1) The
			 response identified each expert witness expected to testify at the hearing or
			 stated the subject matter upon which each expert was expected to
			 testify.
(2) The responding party
			 later learned that the response was incorrect or otherwise materially
			 deficient.
(3) The response
			 indicated that the information sought was unknown or nonexistent and such
			 information subsequently became known or existent.
(4) An order of the commission or agreement
			 of the parties provides for the supplementation of responses.
(5)
									Reasonable
			 requests for the supplementation of responses are submitted prior to the
			 commencement of the hearing.
(6)
			 The response addressed the identity and location of persons having knowledge of
			 discoverable matters.