Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-22 - Requests for admission

Current through all regulations passed and filed through July 1, 2024
(A) Any party may serve upon any other party
			 a written request for the admission, for purposes of the pending proceeding
			 only, of the truth of any specific matter within the scope of discovery set
			 forth in rule
			 4901-1-16 of the Administrative
			 Code, including the genuineness of any documents described in the request.
			 Copies of any such documents shall be served with the request unless they are
			 or have been otherwise furnished for inspection or copying.
			 Objections are to be separately noted and not combined
			 with answers to requests for admission.
(B) Each matter of which an admission is
			 requested shall be separately set forth. The party to whom a request for
			 admission has been directed shall quote each request for admission immediately
			 preceding the corresponding answer or objection. The matter is admitted unless,
			 within twenty days after the service of the request, or within such shorter or
			 longer time as the commission, the legal director, the deputy legal director,
			 or an 
								ALJ may allow, the party to whom the request is
			 directed serves upon the party requesting the admission a written answer or
			 objection, signed by the party or by his or her attorney. If an objection is
			 made, the reasons therefor shall be stated. The answer shall specifically deny
			 the matter or set forth in detail the reasons why the answering party cannot
			 truthfully make an admission or denial. A denial shall fairly meet the
			 substance of the requested admission, and when good faith requires that a party
			 qualify his or her answer or deny only part of the matter of which an admission
			 is requested, the party shall specify that portion which is true and qualify or
			 deny the remainder. An answering party may not give lack of information as a
			 reason for failure to admit or deny a matter unless the party states that he or
			 she has made reasonable inquiry and that information known or readily
			 obtainable is insufficient to enable him or her to make an admission or denial.
			 A party who considers the truth of a matter of which an admission has been
			 requested to be a genuine issue for the hearing may not, on that basis alone,
			 object to the request, but may deny the matter or set forth the reasons why an
			 admission or denial cannot be made.
(C) Any party who has requested an admission
			 may move for an order under rule
			 4901-1-23 of the Administrative
			 Code with respect to any answer or objection. Unless it appears that an
			 objection is justified, the commission, the legal director, the deputy legal
			 director, or the 
								ALJ
								will order that answer be served. If an answer fails
			 to comply with the requirements of this rule, the commission, the legal
			 director, the deputy legal director, or the 
								ALJ may:
(1) Order that the matter be admitted for
			 purposes of the pending proceeding.
(2) Order that an amended answer be
			 served.
(3) Determine that final
			 disposition of the matter should be deferred until a prehearing conference or
			 some other designated time prior to the commencement of the hearing.