Industrial Commission News and Press Releases

Agency News

 

2017

2016

2015

2014

2013

2012

2011

2010

2009

2008

2007

 

January   February   March   April   May   June   July   August   September   October   November   December



Thursday, January 27, 2005

Resolutions Update: Industrial Commission Revises Continuance Guidelines - R05-1-01

WHEREAS, Section 4121.36(H)(2)(c) of the Revised Code provides that hearing administrators shall, upon a finding of good cause and without a formal hearing, issue compliance letters either granting or denying requests for continuances; and

WHEREAS, Rule 4121-3-09(C)(9) of the Administrative Code sets forth the procedure for addressing requests for continuances of hearings; and

WHEREAS, Rule 4121-3-09(C)(9)(b)(iii) states that guidelines may be provided by the Commission for hearing administrators and hearing officers in determining whether the standard of good cause, or the standard of extraordinary circumstances that could not have been foreseen, is established; and

WHEREAS, Commission Resolution R03-1-04 adopts guidelines for hearing administrators and hearing officers in determining whether the standard of good cause, or the standard of extraordinary circumstances that could not have been foreseen, is established; and

WHEREAS, Commission Resolution R04-1-02 modified paragraph (A)(ii) of Resolution R03-1-04; and

WHEREAS, the Commission finds it necessary and proper to rescind Resolution R04-1-02 and to revise paragraph (A)(ii) of Resolution R03-1-04; and

WHEREAS, pursuant to Section 4121.03(E)(1) of the Revised Code, the Commission is responsible for establishing the overall adjudicatory policy and management of the Commission under Chapters 4121., 4123., 4127., and 4131. of the Revised Code.

THEREFORE BE IT RESOLVED that Resolution R04-1-02 be rescinded.

BE IT FURTHER RESOLVED that paragraph (A)(ii) of Resolution R03-1-04 be revised to read as follows:
If the commission receives notice of a pre-scheduled activity, including, but not limited to, a vacation, seminar, or plant shutdown, at least thirty days prior to the scheduled conflict, the commission shall not schedule a hearing during the pre-scheduled activity for a period not to exceed a total of twenty business days in a calendar year.

BE IT FURTHER RESOLVED that Resolution R03-1-04, as revised by Resolution R05-1-01, remains in full force and effect.

BE IT FURTHER RESOLVED that Resolution R05-1-01 shall be effective on January 27, 2005.