reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-12 - Appearances and withdrawals

Current through all regulations passed and filed through July 1, 2024
(A)
								Except as
			 prohibited by section
			 4705.01 of the Revised Code, any
			 party may appear on his own behalf, or may be represented by an attorney at law
			 admitted to practice before the supreme court of Ohio or by an attorney
			 admitted to practice by the commission pursuant to a motion to appear pro hac
			 vice. In circumstances deemed to be appropriate, the commission may require
			 that a party be represented by an attorney.
(B)
								Entries of
			 appearance shall be filed with the commission and served upon all other parties
			 to the proceeding.
(C)
								Any attorney withdrawing as a representative of a party
			 to an appeal before the commission must notify the commission within three days
			 of the withdrawal. A copy of such notice shall be served by the attorney on the
			 party whom he had represented before the commission and on all other
			 parties.
Replaces: 3746-7-03
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3750.19
Prior
				Effective Dates: 08/24/1973, 04/28/2000, 04/23/2002, 07/26/2010,
				01/01/2018
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-13 - Certification of record to the commission

Current through all regulations passed and filed through July 1, 2024
(A)
								Within seven days
			 after receipt of the notice of appeal, the director or statutory agency shall
			 prepare and certify to the commission the record of proceedings out of which
			 the appeal arises. The record certified to the commission shall be available
			 for inspection and reproduction by any person. Costs of reproduction shall be
			 borne by the requester.
(B)
								Content of record
(1)
									The record on
			 appeal shall include, but not be limited to, all papers, exhibits, documents,
			 correspondence, and the transcript of proceedings, if any, including exhibits
			 relating to the action from which the appeal arises.
(2)
									Where a party
			 alleges that the whole record has not been certified, the party shall specify,
			 insofar as he is able, the material allegedly omitted and shall request its
			 inclusion in the record through the filing of a request with the director or
			 statutory agency for the supplementation of the certified record. If the
			 request is denied, the party shall file a motion with the commission requesting
			 production of the omitted materials. If the commission concludes such material
			 should be included, the commission shall order it included in the record. The
			 commission may conclude material has been omitted from the certified record and
			 shall order its inclusion in the record through
			 supplementation.
(3)
									All transcripts filed as part of the record below shall
			 be certified as correct and state whether they are complete or
			 partial.
(4)
									If a question arises as to whether the certified record
			 accurately reflects what transpired in a proceeding below, the commission shall
			 request an explanation that shall be certified as part of the record. If
			 anything material is omitted from the record, or is misstated therein, a party
			 may move that the omission or misstatement be corrected.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-14 - Record address

Current through all regulations passed and filed through July 1, 2024
Every person who files a document in a
				proceeding before the commission shall, at the time of the initial filing in
				the matter, provide an address. Any change in address shall be filed with the
				commission, along with an indication of the case number to which the change of
				address applies. If a person fails to furnish a record address as required in
				this section, the person will not be entitled to notice in connection with the
				proceedings in the matter.
Replaces: 3746-5-22
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3750.19
Prior
				Effective Dates: 10/23/1973, 03/09/1999, 05/27/2004, 06/21/2009, 05/30/2014,
				01/01/2018
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-15 - Designation of lead counsel

Current through all regulations passed and filed through July 1, 2024
Where a party is represented in a
				proceeding before the commission by more than one counsel of record, the party
				shall designate one counsel of record as lead counsel. All notifications and
				communications from the commission may be sent to the designated lead counsel
				only.
Replaces: 3746-5-31
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3750.19
Prior
				Effective Dates: 03/02/1977, 12/18/1977, 03/09/1999, 05/27/2004, 05/30/2014,
				01/01/2018
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-16 - Filing and service of documents

Current through all regulations passed and filed through July 1, 2024
(A) Except as otherwise provided in this
			 chapter, a filing may be accomplished by  delivery, mail addressed to the commission,
			 electronic mail, or through the commission's
			 electronic case management system.
(B) Except as otherwise prescribed, copies of
			 all papers filed with the commission shall, at or before the time of filing, be
			 served on all other parties to the appeal. Service on a party represented by
			 counsel shall be made on counsel.
(C) Except as otherwise agreed upon by the
			 parties, service upon parties may be in person or by mail, by facsimile
			 transmission, or by electronic mail. Personal service includes delivery of the
			 copy to a clerk or other responsible person at the office of counsel. Service
			 by mail is complete on mailing. Service by facsimile or electronic mail is
			 complete upon transmission, but is not effective if the serving party learns
			 that it did not reach the person served.
(D) Documents presented for filing shall
			 contain an acknowledgment of service or proof of service in the form of a
			 statement of the date and manner of service and of the names of the persons
			 served, certified by the person who made service. Documents filed with the
			 commission shall not be considered until proof of service is endorsed thereon
			 or separately filed.
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3750.19
Prior
				Effective Dates: 01/02/1973, 03/09/1999, 04/28/2000, 07/29/2005, 06/21/2009,
				05/30/2014, 01/01/2018, 04/15/2020 (Emer.),
				08/14/2020
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-17 - Requirement for signature

Current through all regulations passed and filed through July 1, 2024
(A)
								When a party to
			 an appeal, a person moving to intervene in an appeal, or an amicus curiae files
			 any document, that person or his authorized representative shall identify
			 himself.
(B)
								In the case of notices of appeal, if the person
			 appealing or moving is a corporation, unincorporated association, or
			 governmental entity, the person signing the document must indicate in the
			 document his authority to so act. Further processing of the appeal is to be in
			 accordance with section
			 4705.01 of the Revised
			 Code.
(C)
								Signing a document constitutes a representation that
			 the signer has read it, that to the best of the signer's knowledge,
			 information, and belief the statements made therein are true, and that it is
			 not interposed for delay. If a document is not signed, or the signature is not
			 identified, or it is signed with intent to defeat the purpose of this section,
			 it may be stricken and the proceeding may go forward as though the document had
			 not been filed.
Replaces: 3746-5-21
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3750.19
Prior
				Effective Dates: 08/24/1973, 03/09/1999, 05/27/2004, 06/21/2009, 05/30/2014,
				01/01/2018
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-18 - Electronic filing

Current through all regulations passed and filed through July 1, 2024
(A)
								Except as
			 otherwise provided in this rule, any person may electronically file documents
			 in an existing appeal through the commission's electronic case management
			 system. New appeals shall be filed with the commission in accordance with rule
			 3746-5-03
			 of the Administrative Code.
(B)
								Documents
			 submitted to the electronic case management system on or before eleven
			 fifty-nine p.m. EST shall be deemed filed on the day submitted.
(C)
								Documents for
			 which privileged, protective, or confidential status is asserted shall not be
			 filed through the electronic case management system. Such documents shall be
			 filed as paper documents by mail or in person at the offices of the
			 commission.
(D)
								Any document filed through the electronic case
			 management system shall comply with applicable formatting requirements
			 contained in Chapter 3746-5 of the Administrative Code.
(E)
								Signatures:
(1)
									Documents filed
			 through the electronic case management system that require a signature shall
			 contain a scanned version of the filer's original signature or an electronic
			 signature in the following format: "/s/ (name)".
(2)
									Documents
			 containing signatures of third-parties (e.g., affidavits) shall be filed only
			 as scanned documents (e.g., PDF).
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-19 - Computation of time

Current through all regulations passed and filed through July 1, 2024
(A)
								In computing any period of time prescribed for filing
			 and serving a document, the date of the underlying act or event from which the
			 designated period of time begins to run shall not be included. The last day of
			 the period so computed shall be included, unless it is a Saturday, Sunday, or
			 legal holiday. When the time prescribed or allowed is less than seven days,
			 intermediate Saturdays, Sundays, or legal holidays shall be excluded in the
			 computation.
(B)
								Any request for an extension of time must be filed
			 within the time allowed for the filing or serving of the document with the
			 commission.
Replaces: 3746-5-20
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3745.06,
				3750.19
Prior
				Effective Dates: 10/23/1973, 03/09/1999, 05/27/2004, 06/21/2009, 05/30/2014,
				01/01/2018
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-20 - Extension of time for filings

Current through all regulations passed and filed through July 1, 2024
The commission, upon motion and for
				good cause shown, may extend the time for the filing of pleadings, motions, and
				briefs, other than the notice of appeal. Such motion shall be served upon all
				parties and filed with the commission.
Replaces: 3746-5-09
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3750.19
Prior
				Effective Dates: 08/24/1973, 03/09/1999, 05/27/2004, 05/30/2014,
				01/01/2018
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-21 - Stays

Current through all regulations passed and filed through July 1, 2024
(A)
								The filing of an appeal does not suspend or stay
			 execution of the action being appealed. Upon motion by appellant and for
			 compelling reasons justifying it, the commission may suspend or stay such
			 execution pending immediate determination of the appeal without interruption by
			 continuances, other than for unavoidable circumstances.
(B)
								A motion for stay
			 may be filed with the commission at any time during the proceeding and shall
			 set forth the specific reasons for which it is being requested. In granting a
			 stay, the commission may impose such conditions as are warranted by the
			 circumstances including, where appropriate, the filing of a bond or other
			 security as provided for in rule
			 3746-5-23 of the
			 Administrative Code.
Replaces: 3746-5-13
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3750.19
Prior
				Effective Dates: 08/24/1973, 03/09/1999, 05/27/2004, 05/30/2014,
				01/01/2018
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-22 - Expedited stays

Current through all regulations passed and filed through July 1, 2024
(A)
								At any time
			 before the commencement of the hearing, any party may move the commission to
			 hold a hearing or oral argument for a stay of the action under appeal pursuant
			 to the expedited procedures set forth in this rule. Such motion shall be in
			 writing and shall contain a concise statement of the basis for its request.
			 Upon the receipt of such motion, the commission shall immediately notify all
			 parties in writing. The director or statutory agency and any other party shall
			 respond within three days after receipt of the notice of such
			 motion.
(B)
								The commission shall schedule a hearing or oral
			 argument upon twenty-four hours notice to the parties. The hearing on the
			 motion for expedited stay shall be scheduled to occur no sooner than eight days
			 after the date on which the motion is received by the
			 commission.
(C)
								In extraordinary circumstances, the commission may
			 schedule a hearing or oral argument at any time after the motion is received
			 upon twenty-four hours notice to the parties. In such a case, answers may be
			 offered orally at the hearing.
(D)
								In such a
			 proceeding, the commission shall issue its decision without delay upon the
			 conclusion of the hearing or oral argument and without awaiting receipt of a
			 transcript of the testimony if, in its opinion, an unreasonable delay would
			 result.
Replaces: 3746-5-14
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3750.19
Prior
				Effective Dates: 10/23/1973, 03/09/1999, 05/27/2004, 06/21/2009, 05/30/2014,
				01/01/2018
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-24 - Prehearing conference

Current through all regulations passed and filed through July 1, 2024
(A)
								At any time prior
			 to the commencement of the hearing, the commission may direct the parties or
			 their counsel to participate before one or more members of the commission in a
			 prehearing conference to consider the following:
(1)
									Simplification
			 and clarification of the issues.
(2)
									Necessity or
			 desirability of amending the notice of appeal.
(3)
									Obtaining
			 stipulations relative to undisputed facts or the contents and authenticity of
			 documents.
(4)
									Issuance of and response to subpoenas.
(5)
									Taking of
			 depositions and the use of depositions in the proceeding.
(6)
									Agreements
			 limiting the number of expert and other witnesses and limiting the scope of
			 testimony.
(7)
									Disclosure of the names and addresses of witnesses and
			 the exchange of documents intended to be offered into evidence.
(8)
									A summary of
			 expert testimony intended to be introduced at the hearing.
(9)
									Any other matter
			 that may simplify the issues or expedite the proceedings, including the
			 avoidance of undue repetition or complication in the presentation of evidence
			 or argument.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-25 - Form of motions, memoranda, and other filings

Current through all regulations passed and filed through July 1, 2024
(A)
								Motions,
			 memoranda, and other filings shall be either typewritten or printed by standard
			 typographic or other mechanical printing process that produces a clear black
			 image on single-sided white paper, although exception may be made for parties
			 allowed to proceed pro se.
(B)
								Motions,
			 memoranda, and other filings shall be bound and consist of pages of eight and
			 one-half by eleven inches. Filings shall be double-spaced except quoted matter
			 which shall be single-spaced. Where necessary, documents attached to the filing
			 may exceed eight and one-half by eleven inches, but in no event shall such
			 documents exceed eight and one-half by fourteen inches. Where documents
			 accompanying a filing exceed eight and one-half by fourteen inches unfolded,
			 such documents shall not be attached to the filing, but shall accompany it and
			 shall be clearly marked for reference.
(C)
								All filings shall
			 be produced in the manner prescribed in paragraph (A) of this rule. Motions,
			 memoranda, and other filings shall contain a caption setting forth the name of
			 the commission, the parties to the appeal, the case number, and a brief
			 title.
Replaces: 3746-5-16
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3745.06,
				3750.19
Prior
				Effective Dates: 10/23/1973, 03/09/1999, 05/27/2004, 06/21/2009, 05/30/2014,
				01/01/2018
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-26 - Motions

Current through all regulations passed and filed through July 1, 2024
(A) Unless another
			 form is prescribed by these rules, a motion shall be made with proof of service
			 on all other parties. The motion shall state with particularity the grounds on
			 which it is based and shall set forth the relief sought. If a motion is
			 supported by briefs or other documents, they shall be served and filed with the
			 motion. Any party may file a response in opposition to a motion within fourteen
			 days after service of the motion. Any reply memorandum shall be filed and
			 served within ten days after service of the response in opposition. The
			 commission may adjust the time for responding to any motion.
(B) Motions not importing finality may be
			 acted upon by the commission at any time, without awaiting a response thereto.
			 Any party adversely affected by such action may move for reconsideration,
			 vacation, or modification of such action.
(C) Upon its own motion or motion of any
			 party, the commission may allow oral argument if, in its opinion, oral argument
			 will clarify the issues and will not unnecessarily delay the
			 proceedings.
(D) If a motion for
			 oral argument is granted, the procedure set forth in rule
			 3746-7-12 of the Administrative Code shall be
			 followed.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-27 - Format of briefs

Current through all regulations passed and filed through July 1, 2024
(A)
								The front cover
			 of the brief shall contain:
(1)
									The name of the governmental agency in which the matter
			 originated and the number of the case;
(2)
									The title of the
			 case;
(3)
									The nature of the proceeding (e.g., appeal from
			 adoption of a regulation or granting of a permit, etc.);
(4)
									The title of the
			 document (e.g., "Brief of Appellant"); and
(5)
									The name(s) and
			 address(es) of counsel representing the party on whose behalf the document is
			 filed.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-28 - Issue briefing

Current through all regulations passed and filed through July 1, 2024
(A)
								The commission
			 may order a party to brief an issue prior to the issuance of a final order of
			 the commission. The commission shall state in its order for briefs the date
			 said briefs are due.
(B)
								Parties may move the commission for extensions of time
			 for the filing of an issue brief. Extensions under this rule shall be allowed
			 only upon motion to the commission and for good cause shown.
(C)
								If a party fails
			 to file an issue brief within the time set by the commission, the party will
			 not be heard at any subsequent oral argument except by permission of the
			 commission upon a showing of good cause submitted in writing at least
			 twenty-four hours prior to argument.
Replaces: 3746-5-18
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3750.19
Prior
				Effective Dates: 10/23/1973, 03/09/1999, 05/27/2004, 06/21/2009, 05/30/2014,
				01/01/2018
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-29 - View of premises

Current through all regulations passed and filed through July 1, 2024
(A)
								Any party may
			 file a motion requesting the commission to conduct a site view.
(B)
								The commission
			 may, upon reasonable notice and at reasonable times, inspect any site,
			 including any body of water, industrial plant, building or other premises, when
			 the commission determines that such a viewing would have probative value in any
			 matter pending before the commission.
(C)
								All parties shall
			 have prior notice of such a viewing, and shall be informed of the right to be
			 present, and the right to subsequently present written statements concerning
			 said viewing.
(D)
								A court reporter, supplied by the party requesting the
			 view, shall accompany the commission at said viewing and shall record all
			 questions and answers. No argument or independent oral statement shall be
			 permitted at said view.
(E)
								The commission may order the taking of photographs or
			 videos of the site and shall charge the costs to the party initiating the
			 request for a site visit. Any photographs or videos that are taken shall be
			 included in the record of the proceeding.
Replaces: 3746-5-24
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3750.19
Prior
				Effective Dates: 01/02/1973, 03/09/1999, 05/27/2004, 06/21/2009, 05/30/2014,
				01/01/2018
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-30 - Dismissal of actions

Current through all regulations passed and filed through July 1, 2024
(A)
								An appellant may
			 dismiss an appeal by written motion to the commission at any stage of a
			 proceeding.
(B)
								All rulings granting a motion to dismiss shall be with
			 prejudice to refiling and all rulings of the commission granting dismissal
			 shall be entered in the journal.
(C)
								Where an
			 appellant fails to pursue an appeal or fails to comply with these rules or
			 orders of the commission, the commission, upon motion of appellee or upon its
			 own motion, may, after notice to the appellant, dismiss an appeal for want of
			 prosecution.
Replaces: 3746-5-28
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.04,
				3745.04,
				3745.05,
				3750.19
Prior
				Effective Dates: 10/23/1973, 03/09/1999, 05/27/2004, 06/21/2009, 05/30/2014,
				01/01/2018
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-6 - Discovery › Section 3746-6-01 - Discovery

Current through all regulations passed and filed through July 1, 2024
(A) Scope of
			 discovery:
(1) The purpose of this rule is to
			 encourage the prompt and expeditious use of prehearing discovery to facilitate
			 thorough and adequate preparation for participation in appeals before the
			 commission.
(2) Except as otherwise
			 provided in this chapter, any party to an appeal may discover any matter, not
			 privileged, which is relevant to the subject matter of the appeal. It is not
			 grounds 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 one or more
			 of the following methods: interrogatories, requests for the production of
			 documents, electronically stored information or things; depositions; and
			 requests for admission. A party need not provide discovery of electronically
			 stored information when the production imposes undue burden or expense. On
			 motion to compel discovery or for protective order, the party from whom
			 electronically stored information is sought must show the information is not
			 reasonably accessible because of undue burden or expense. If a showing of undue
			 burden or expense is made, the commission may nonetheless order production of
			 electronically stored information if the requesting party shows good cause. The
			 frequency of using these discovery methods is not limited unless the commission
			 orders otherwise under rule
			 3746-6-07 of
			 the Administrative Code.
(3) Any
			 party may 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.
(4) All parties have an obligation to
			 supplement or correct discovery responses in the following circumstances:
(a) Any question directly addressed to the
			 identity and location of persons having knowledge of discoverable matters, and
			 the identity of each person expected to be called as an expert witness at the
			 de novo hearing and the subject matter on which the expert is expected to
			 testify.
(b) It becomes apparent
			 that a response was incorrect when given; or
(c) An order of the commission or agreement
			 of the parties provides for the supplementation of responses.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-6 - Discovery › Section 3746-6-04 - Production and inspection of documents

Current through all regulations passed and filed through July 1, 2024
(A) Subject to the scope of discovery set
			 forth in rule
			 3746-6-01 of the
			 Administrative Code and such discovery deadlines as the commission may order,
			 any party may serve upon any other party a written request to:
(1) Produce or permit the inspection of,
			 and/or copy any designated documentsor electronically stored information, including
			 writings, drawings, graphs, charts, photographs, sound
			 recordings, images, and other data or data compilations
			 stored in any medium from which information can be
			 obtained that are in the
			 possession, custody, or control of the party upon whom the request is served;
(2) Produce for inspection,
			 copying, sampling, or testing any tangible things  in the possession, control, or custody of
			 the party upon whom the request is served.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-6 - Discovery › Section 3746-6-05 - 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 of the truth of any specific matter within
			 the scope of discovery set forth in rule
			 3746-6-01 of the
			 Administrative Code and subject to such discovery deadlines as the commission
			 may order, including the genuineness of any documents described in the request.
			 Copies of any such documents shall be served with the request unless they have
			 previously been furnished for inspection or copying.A
			 party serving a request for admission shall provide the party served with both
			 a printed and an electronic copy of the request for admission. The electronic
			 copy shall be reasonably useable for word processing and provided by means
			 agreed to by the parties. A party who is unable to provide an electronic copy
			 of a request for admission may seek leave of the commission to be relieved of
			 this requirement.
(B) Each
			 matter for which an admission is requested shall be separately set forth. The
			 matter is admitted unless, within twenty-eight
			 days after the service of the request, or within such shorter or longer time as
			 the commission may order, 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 attorney. If an objection is made, the reasons therefore shall
			 be stated. The answer shall specifically admit or deny the matter or set forth
			 in detail the reasons why the answering party cannot truthfully make an
			 admission or denial.
(C) Any party
			 who has requested an admission may move for an order pursuant to rule
			 3746-6-08
			 of the Administrative Code with respect to any answer or objection. Unless it
			 appears that an objection is justified, the commission shall order that an
			 answer be served.
(D) Unless
			 otherwise ordered by the commission, any matter admitted under this rule is
			 conclusively established against the party making the admission, but such
			 admission may be rebutted by evidence offered by any other party. An admission
			 under this rule is an admission for the purposes of the pending proceeding only
			 and may not be used for any other purpose.
Five Year Review (FYR) Dates:
				05/24/2016 and
				05/24/2021
Promulgated
				Under: 111.15
Statutory
				Authority: 3745.03
Rule
				Amplifies: 3745.03,
				3745.04,
				3745.05,
				3745.06
Prior
				Effective Dates: 4/28/2000, 7/29/2005,
				8/15/2011
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-6 - Discovery › Section 3746-6-06 - Discovery subpoenas

Current through all regulations passed and filed through July 1, 2024
(A)
			 Issuance; form; notice
(1) Upon written
			 request of any party, the commission may issue a subpoena for a witness to
			 attend and give testimony at a deposition or a subpoena duces tecum to produce
			 and permit inspection of documents, electronically stored information, or
			 tangible things at a deposition. The executive director shall issue a subpoena,
			 signed for the commission but otherwise in blank, to the requesting party, who
			 shall fill it in before service. An attorney who has filed an appearance on
			 behalf of a party in an action may also sign and issue a subpoena on behalf of
			 the commission.
(2) The request for
			 subpoena shall be filed with the commission at least fourteen days prior to the
			 date specified in the subpoena.
(3)
			 Every subpoena issued by the commission shall state the name of the commission,
			 title of the action, case number, and shall command each person to whom it is
			 directed to attend and give testimony or produce documents or electronically
			 stored information at a time and place specified in the subpoena.
(4) A command to produce and permit
			 inspection of documents, electronically stored information, or tangible things
			 may be joined with a command to attend and give testimony, or may be issued
			 separately. A subpoena may specify the form or forms in which electronically
			 stored information is to be produced but may not require the production of the
			 same information in more than one form.
(5) A subpoena may not be used to obtain the
			 attendance of a party or the production of documents by a party in discovery.
			 Rather, a party's attendance at a deposition may be obtained only by notice
			 under rule
			 3746-6-02 of the Administrative
			 Code and documents or electronically stored information may be obtained from a
			 party in discovery only pursuant to rule
			 3746-6-04 of the Administrative
			 Code.
(6) A party on whose behalf a
			 subpoena is issued under paragraph (A)(1) of this rule shall serve prompt
			 written notice, including a copy of the subpoena, on all other
			 parties.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-6 - Discovery › Section 3746-6-07 - Protective orders

Current through all regulations passed and filed through July 1, 2024
(A) Upon motion of any party or person from
			 whom discovery is sought and for good cause
			 shown, the commission may issue any order which is necessary to protect a
			 party or person from annoyance, embarrassment, oppression, or undue burden or
			 expense. Such a protective order may provide that:
(1) Discovery may not be had;
(2) Discovery may be had only on specified
			 terms and conditions;
(3)
			 Discovery may be had only by a method of discovery other than that selected by
			 the party seeking discovery;
(4)
			 The scope of discovery be limited or prohibited, regarding certain matters;
(5) Discovery be conducted with no
			 one present except persons designated by the commission;
(6) A trade secret or other confidential
			 research, development, commercial, or other information not be disclosed or be
			 disclosed only in a designated way; or
(7) Information acquired through discovery be
			 used only for purposes of the pending proceeding, or that such information be
			 disclosed only to designated persons or classes of persons.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-6 - Discovery › Section 3746-6-08 - Motions to compel discovery

Current through all regulations passed and filed through July 1, 2024
(A) Any party, upon reasonable notice to all
			 other parties and any persons affected thereby, may move for an order
			 compelling discovery, with respect to any failure of a party to comply with a
			 discovery request pursuant to this chapter.
(B) No motion to compel discovery shall be
			 filed under this rule until the party seeking discovery has exhausted all other
			 reasonable means of resolving any differences with the party or person from
			 whom discovery is sought. A motion to compel discovery shall be accompanied by:
(1) A memorandum in support, setting forth:
(a) The specific basis of the motion, with
			 copies of any statutes, ordinances, or case law
			 relied upon;
(b) A brief
			 explanation of how the information sought is relevant to the pending
			 proceeding; and
(c) Responses to
			 any objections raised by the party or person from whom discovery is sought.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-7 - Hearings › Section 3746-7-01 - Requisites for de novo hearings

Current through all regulations passed and filed through July 1, 2024
(A) If no adjudication hearing was conducted
			 in accordance with sections
			 119.07 to
			 119.10 of the Revised Code, the
			 commission shall conduct a de novo hearing on the appeal.
(B) If, in the notice of appeal or answer
			 thereto, an issue is raised as to the manner of hearing the commission should
			 conduct due to a question of whether an adjudication hearing was held in
			 accordance with sections
			 119.07 to
			 119.10 of the Revised Code, the
			 commission shall decide the issue before conducting further proceedings. The
			 commission may hold a separate hearing on this issue.
(C) The director, the local board of health,
			 the state fire marshal, or state emergency response commission shall forward
			 the certified record to the commission in accordance with rule
			 3746-5-13 of the Administrative Code. By agreement of
			 the parties, the commission may order an indefinite extension for the filing of
			 the certified record so long as such extension will not prejudice any party or
			 unduly delay the proceedings.
(D)
			 At the hearing, the commission shall have before it the certified record, shall
			 hear such evidence as presented by the parties, and may hear closing
			 statements. A record of the hearing shall be taken.
(E) Upon request of any party, the commission
			 may allow oral argument under rule 3746-7-12 of
			 the Administrative Code or permit the parties to file briefs on any issues
			 raised in the hearing.
Effective: 1/1/2018
Five Year Review
				(FYR) Dates: 4/28/2020
Promulgated Under: 111.15
Statutory Authority:
				3745.03
Rule Amplifies: 3745.03, 3745.04, 3745.05
Prior
				Effective Dates: 8/13/73, 4/28/00, 7/29/05, 7/26/10,
				7/20/15
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-7 - Hearings › Section 3746-7-02 - Notice and time of hearing

Current through all regulations passed and filed through July 1, 2024
Upon the filing of the appeal, the commission shall fix the
				time and place at which the hearing on the appeal will be held. The commission
				shall give the appellant and the appellee at least ten days written notice
				thereof by certified mail. The commission shall hold the hearing within thirty
				days after the notice of appeal is filed, unless  the commission sets
				a later date.
Five Year Review (FYR) Dates:
				04/28/2015 and
				04/28/2020
Promulgated
				Under: 111.15
Statutory Authority: 3745.03
Rule
				Amplifies: 3745.03, 3745.04, 3745.05
Prior Effective Dates:
				10/23/1973, 4/28/2000, 7/26/2010
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-7 - Hearings › Section 3746-7-03 - Expedited hearings

Current through all regulations passed and filed through July 1, 2024
(A)
								Upon motion by
			 any party and for good cause shown, the commission may place an appeal on an
			 expedited case management schedule.
(B)
								Hearings or oral
			 arguments held pursuant to an expedited case management schedule shall be
			 conducted without interruption by continuances, other than for unavoidable
			 circumstances.
(C)
								Upon motion by any party, or on the commission's own
			 motion, the commission may amend an expedited case management schedule or place
			 the appeal on a joint status reporting track.
Effective: 1/1/2018
Five Year Review
				(FYR) Dates: 04/21/2022
Promulgated Under: 111.15
Statutory Authority:
				3745.03
Rule Amplifies: 3745.03, 3745.04,
				3745.05
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-7 - Hearings › Section 3746-7-04 - Attendance of witnesses and production of documents at hearing

Current through all regulations passed and filed through July 1, 2024
(A) For the purpose
			 of conducting a de novo hearing, or where the commission has granted a request
			 for the admission of additional evidence, the commission may on its own motion
			 require the attendance of witnesses and the production of written or printed
			 materials.
(B)A party may move the
			 commission for the issuance of a subpoena to require the attendance of
			 witnesses and the production of documents at the de novo hearing. Except in
			 extraordinary circumstances and upon leave of the commission, such a motion
			 shall be made at least seven business days prior to the scheduled hearing date.
			 Subpoenas requested for the attendance of witnesses or production of records at
			 the de novo hearing shall be issued by the commission pursuant to section
			 3745.05 of the Revised Code.
(C) A witness at any hearing shall
			 testify under oath or affirmation, which any member of the commission may
			 administer. Upon request, a witness shall be permitted to be accompanied,
			 represented, and advised by an attorney, whose participation in the hearing
			 shall be limited to the protection of the rights of the witness.
(D) The refusal of a witness at any a hearing
			 before the commission to answer any question which has been ruled proper shall,
			 in the discretion of the commission, be grounds for:
(1) Striking all testimony given by the
			 witness on related matters; or
(2)
			 Instituting contempt proceedings in the court of common pleas.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-7 - Hearings › Section 3746-7-05 - Postponements and continuances

Current through all regulations passed and filed through July 1, 2024
(A) The commission may postpone or continue
			 any hearing upon its own motion or upon motion of a party. The motion for a
			 postponement must state in detail the reasons why a postponement is necessary.
			 A motion for postponement must be served upon all
			 parties to the proceeding and filed with the commission at least ten days prior
			 to the date of the hearing.
(B) Postponements of hearings will not be
			 allowed except
			 upon a showing of good cause.
(C) A motion for postponement
			 served or filed less than ten days in advance of the hearing shall not be
			 granted unless the moving party demonstrates that an extraordinary situation
			 exists which could not have been anticipated and which would justifygranting  a postponement. In any such situation, if time
			 does not permit for the filing of such motion prior to the hearing, it may be
			 made orally at the hearing.
(D) If
			 a motion for a postponement is based upon the unavailability of a witness, the
			 motion shall set forth the substance of the testimony of the absent witness.
(E) Continuances of hearings may
			 be ordered by the commission in situations where a hearing cannot be concluded
			 within the time initially set.
Five Year Review (FYR) Dates:
				04/28/2015 and
				04/28/2020
Promulgated
				Under: 111.15
Statutory Authority: 3745.03
Rule
				Amplifies: 3745.03, 3745.04, 3745.05
Prior Effective Dates:
				8/24/1973, 4/28/2000, 7/29/2005,
				7/26/2010
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-7 - Hearings › Section 3746-7-06 - Failure to appear for hearing

Current through all regulations passed and filed through July 1, 2024
(A)
								Any appellant who fails to appear for hearing may be subject
			 to dismissal for want of prosecution in accordance with rule
			 3746-5-28 of the
			 Administrative Code. Alternatively, in the discretion of the commission, such
			 appellant may be deemed to have submitted the case to the commission based on
			 the record before it and such additional evidence and testimony as may be
			 submitted at the hearing.
Any appellee who fails to appear for
				hearing shall be deemed to have submitted the case to the commission based on
				the record before it and such additional evidence and testimony as may be
				submitted at the hearing.
(B) Upon a showing of good cause, the
			 commission may excuse the failure to appear at a hearing and reschedule the
			 hearing.
Effective: 7/20/2015
Five Year
				Review (FYR) Dates: 04/28/2015 and
				04/28/2020
Promulgated
				Under: 111.15
Statutory Authority: 3745.03
Rule
				Amplifies: 3745.03, 3745.04, 3745.05
Prior Effective Dates:
				10/23/1973, 4/28/2000, 7/26/2010
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-7 - Hearings › Section 3746-7-07 - Hearing may be waived

Current through all regulations passed and filed through July 1, 2024
Upon agreement of all parties, a hearing may be waived and the
				matter submitted to the commission for a decision based on briefs,
				joint stipulations, affidavits, or such other evidence as the parties may
				submit.
Five Year Review (FYR) Dates:
				04/28/2015 and
				04/28/2020
Promulgated
				Under: 111.15
Statutory Authority: 3745.03
Rule
				Amplifies: 3745.03, 3745.04, 3745.05
Prior Effective Dates:
				1/2/1973, 4/28/2000, 7/26/2010
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-7 - Hearings › Section 3746-7-08 - Burden of proceedings

Current through all regulations passed and filed through July 1, 2024
(A)
								The burden of
			 proceeding shall rest with the party asserting the affirmative of any issue,
			 except where the commission orders another party to bear the burden of
			 proceeding because the commission determines that party possesses or should
			 possess knowledge of facts relevant to the issue not available to the party
			 asserting the affirmative.
(B)
								The director or
			 statutory agency shall have the burden of proceeding in the following cases,
			 unless otherwise ordered by the commission:
(1)
									Where it has
			 revoked a license or permit;
(2)
									Where it orders a
			 party to take affirmative action to abate air or water pollution, or any other
			 condition or nuisance; or
(3)
									Where it seeks to engage in activities that are
			 objected to as environmentally harmful.