Administrative Determination of Claims by the Clerk; Duties of

Claimant, Defendant, and Clerk (A) Initiation of administrative determination. A claim against the state which may be determined administratively pursuant to R.C. 2743.10 shall be filed on a complaint form provided by the clerk of the court of claims. The clerk shall retain the original complaint form and send copies of the complaint form to the attorney general and the state department, board, office, commission, agency, institution, or instrumentality named as defendant in the complaint form. The defendant shall investigate the claim and file three copies of a completed court of claims investigation form with the clerk. The investigation form and attachments shall be filed with the clerk within sixty days of receipt of the claim by the defendant. Within the sixty day period, the attorney general, by written motion, may request an extension of time for filing the investigation report, provided that he sets forth reasons for the extension. If an extension is granted, the clerk shall set a date certain for the filing of the investigation report. The clerk shall retain one copy of the investigation report and send copies to the attorney general and the claimant. The clerk shall notify the claimant that within twenty-one days after receipt of the report, the claimant may, in person or in writing, respond to the investigation report. Within the twenty-one day period, the claimant, by written motion, may request an extension of time in which to respond to the investigation report, provided that he sets forth reasons for the extension. If an extension is granted, the clerk shall set a date certain for the filing of responses to the investigation report. (B) Time of administrative determination. Within forty-two days after mailing the investigation report to the claimant, or as soon thereafter as practicable, the clerk, or deputy clerk, shall administratively determine the claim. (C) Power of the clerk. In administrative determinations, the clerk or deputy clerk has the same power as a judge of the court of claims to regulate all proceedings before him. He may, among other things, conduct hearings, require the production of evidence, rule upon motions, determine admissibility and probative value of evidence, require submission of briefs or memoranda, summon and compel attendance of witnesses, including parties, and call and examine them under oath. (D) Conduct of administrative determination. Unless otherwise ordered by the clerk, administrative determinations shall be made upon the form complaint, attachments to the form complaint, the investigation report, attachments to the investigation report, claimant's written or oral responses to the investigation report and such other testimony or material that the clerk deems to have probative value. (E) Evidence in administrative determinations. The formal rules of evidence do not apply in administrative determinations, but all proof shall have such probative value as satisfies the clerk. (F) Discovery. Discovery procedures shall not be initiated in administrative determinations without the permission of the clerk. (G) Determination of the clerk. The clerk's determination shall be in writing and include findings of fact and conclusions of law. The clerk shall, simultaneously with the entry of the determination, send copies of the determination to the attorney general, the claimant, and the named defendant. (H) Appeal of determination. (1) Determination of the clerk final. The determination of the clerk is final unless a motion for court review is filed within thirty days of the entry of the determination. A motion for court review filed before entry of such determination shall be treated as filed after such entry and on the day thereof. (2) Motion for court review. A motion for review shall be in writing, specify the determination or part thereof to be reviewed, state with particularity the errors complained of and include a memorandum which sets forth movant's argument and supporting legal authorities. (3) Civil Rule 5(B). Service of motion for review. A motion for review shall be served pursuant to (4) Reply memorandum. A reply memorandum may be served and filed by the responding party within fourteen days after service of the motion for review. (5) Hearing on motion for review. Upon the filing of a motion for review, the clerk shall submit the entire file of the claim to a judge of the court of claims who shall review the clerk's determination. The judge may order oral argument. (6) Court review. Upon review of the clerk's determination the judge shall confirm the clerk's determination and enter judgment thereon or, if there is substantial error, vacate the clerk's determination and, pursuant to R.C. 2743.12, draft and journalize his own judgment. [Effective: July 1, 1975; amended effective July 1, 1991.]