reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-08 - Signing of pleadings

Current through all regulations passed and filed through July 1, 2024
(A)
								 Except for e-filed documents, every notice, motion,
			 petition, complaint, brief, memorandum, or other paper 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 board. Persons who
			 e-file documents shall use "/s/" followed by their name to indicate a signature
			 or an electronic signature where applicable.
(B)
								 Each application
			 for a certificate shall include a statement, signed by a person having
			 authority with respect thereto, and having knowledge of the matters presented
			 in the certificate application of the company submitting such document, that
			 the statements set forth in the document are true and correct to the best of
			 his/her knowledge, information, and belief.
Replaces: 4906-1-10
Effective: 12/11/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4906.03
Rule
				Amplifies: 4906.03,
				4906.06
Prior
				Effective Dates: 12/27/76, 7/7/80, 6/10/89,
				12/15/03
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-09 - Hearings

Current through all regulations passed and filed through July 1, 2024
(A)
								 Unless otherwise ordered, all hearings shall be held
			 at the principal office of the board. However, where practicable, the board
			 shall schedule a session of the hearing for the purpose of taking public
			 testimony in the vicinity of the project. Reasonable notice of each hearing
			 shall be provided to all parties.
(B)
								 The
			 administrative law judge shall regulate the course of the hearing and conduct
			 of the participants. Unless otherwise provided by law, the administrative law
			 judge may without limitation:
(1)
									 Administer oaths and affirmations.
(2)
									 Determine the
			 order in which the parties shall present testimony and the order in which
			 witnesses shall be examined.
(3)
									 Issue
			 subpoenas.
(4)
									 Rule on objections, procedural motions, and other
			 procedural matters.
(5)
									 Examine witnesses.
(6)
									 Grant
			 continuances.
(7)
									 Require expert or factual testimony to be offered in
			 board proceedings to be reduced to writing, filed with the board, and served
			 upon all parties and the staff prior to the time such testimony is to be
			 offered and according to a schedule to be set by the administrative law
			 judge.
(8)
									 Take such actions as are necessary to:
(a)
										 Avoid
			 unnecessary delay.
(b)
										 Prevent the presentation of irrelevant or cumulative
			 evidence.
(c)
										 Prevent public disclosure of trade secrets,
			 proprietary business information, or confidential research, development, or
			 commercial materials and information. The administrative law judge may, upon
			 motion of any party, direct that a portion of the hearing be conducted in
			 camera and that the corresponding portion of the record be sealed to prevent
			 public disclosure of trade secrets, proprietary business information or
			 confidential research, development, or commercial materials and information.
			 The party requesting such protection shall have the burden of establishing that
			 such protection is required.
(d)
										 Assure the
			 hearing proceeds in an orderly and expeditious manner.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-10 - Ex parte discussion of cases

Current through all regulations passed and filed through July 1, 2024
Except as provided in section
				4906.024, of the Revised
				Code
								after a case has been assigned a formal docket number,
				no board member or administrative law judge
				assigned to the case shall discuss the merits of the case with any party or
				intervenor to the proceeding, unless all parties and intervenors have been
				notified and have been given the opportunity of being present or a full
				disclosure of the communication insofar as it pertains to the subject matter of
				the case has been made.
When an ex parte discussion occurs, a representative of the
				party or parties at the discussion shall prepare a document listing the parties
				in attendance and providing a full disclosure of the communications made.
				Within two business days of the occurrence of the ex parte discussion, the
				document shall be provided to the 
								chairperson or board member or to an
				administrative law judge present at the discussion for review. Upon completion
				of the review, the final document shall be filed with the board's docketing
				division and served upon the parties to the case 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 shall prepare a letter
				explaining the participant's disagreement with the document and shall file the
				letter with the board 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 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-11 - Parties

Current through all regulations passed and filed through July 1, 2024
(A)
								 The parties to a board proceeding concerning an
			 application for a certificate shall include:
(1)
									 Any person who
			 files an application or a petition for a jurisdictional
			 determination.
(2)
									 Any person who is designated as the subject of a board
			 investigation.
(3)
									 Any person granted leave to intervene under rule
			 4906-2-12 of the
			 Administrative Code.
(4)
									 Any other person expressly made a party by order of
			 the board or administrative law judge.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-12 - Intervention

Current through all regulations passed and filed through July 1, 2024
(A) Persons who
			 desire to intervene in a board proceeding shall comply with the following
			 requirements:
(1) The chief executive officer
			 of each municipal corporation and county and the head of each public agency
			 charged with the duty of protecting the environment or of planning land use in
			 the area in which any portion of such facility is to be located may intervene
			 by preparing and filing with the board, within thirty days after the date he or
			 she was served with a copy of the application under division (B) of section
			 4906.06 of the Revised Code, a
			 notice of intervention containing the following information:
(a) A certification or affirmation as to the
			 legal title and authority of such official.
(b) A statement demonstrating the fact that
			 all or part of the proposed facility is to be located within the area under the
			 jurisdiction of such official.
(c)
			 A statement indicating that such official intends to intervene in the
			 proceedings, together with the grounds for which intervention is sought
			 and the interest of the official in the proceeding, if
			 known.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-13 - Role of participants in public hearings

Current through all regulations passed and filed through July 1, 2024
At the public hearing, the board or the administrative law
				judge shall accept written or oral testimony from any person regardless of that
				person's status. However, the right to examine witnesses is reserved
				exclusively for parties, board members, administrative
				law judges, and the staff.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-14 - General provisions and scope of discovery

Current through all regulations passed and filed through July 1, 2024
(A)
								 The purpose of
			 rules 4906-2-14 to
			 4906-2-22
			 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 board proceedings. These rules are intended to minimize
			 board intervention in the discovery process.
(B)
								 Except as
			 otherwise provided in this rule, any party to a board proceeding may obtain
			 discovery of any matter, not privileged, which is relevant to the subject
			 matter of that proceeding. 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 interrogatories, requests for the production
			 of documents and things or permission to enter upon land or other property,
			 depositions and requests for admission. The frequency of using these discovery
			 methods is not limited unless the board orders otherwise under rule
			 4906-2-21
			 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 board,
			 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 unless:
(1)
									 The response did
			 not fully identify each expert witness expected to testify at the hearing and
			 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
			 board or agreement of the parties provides for the supplementation of
			 responses.
(5)
									 Requests for the supplementation of responses are
			 submitted prior to the commencement of the hearing.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-15 - Time period for discovery

Current through all regulations passed and filed through July 1, 2024
(A)
								 Discovery may begin immediately after a proceeding is
			 commenced and should be completed as expeditiously as possible. Unless
			 otherwise ordered for good cause shown, discovery must be completed prior to
			 the commencement of the hearing.
(B)
								 The board or the
			 administrative law judge may shorten or extend the time period for discovery
			 upon their own motion or upon motion of any party for good cause
			 shown.
Replaces: part of 4906-7-07
Effective: 12/11/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4906.03
Rule
				Amplifies: 4903.06,
				4903.082,
				4906.03,
				4906.12
Prior
				Effective Dates: 12/27/76, 7/7/80, 6/10/89, 8/28/98, 12/15/03,
				1/25/09
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-16 - Filing and service of discovery requests and responses

Current through all regulations passed and filed through July 1, 2024
Except as otherwise provided in rules
				4906-2-21
				and
				4906-2-22
				of the Administrative Code or unless otherwise ordered for good cause shown,
				discovery requests and responses shall be served upon all parties and staff.
				Upon a showing of good cause, the board or the administrative law judge may
				determine that the responding party may recover the reasonable cost of
				providing copies from the party making the request. For purposes of this rule
				the term "response" includes written responses or objections to
				interrogatories, requests for the production of documents or tangible things,
				requests for permission to enter upon land or other property, and requests for
				admission.
Replaces: part of 4906-7-07
Effective: 12/11/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4906.03
Rule
				Amplifies: 4903.06,
				4903.082,
				4906.03,
				4906.12
Prior
				Effective Dates: 12/27/76, 7/7/80, 6/10/89, 8/28/98, 12/15/03,
				1/25/09
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-19 - Production of documents and things, entry upon land or other property

Current through all regulations passed and filed through July 1, 2024
(A)
								 Subject to the scope of discovery set forth in rule
			 4906-2-14
			 of the Administrative Code, any party may serve upon any other party a written
			 request to:
(1)
									 Produce and permit the party making the request, or someone
			 acting on his or her behalf, to inspect and copy any designated documents,
			 including writings, drawings, graphs, charts, photographs, or data
			 compilations, which 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 which are in the
			 possession, control, or custody of the party upon whom the request is
			 served.
(3)
									 Permit entry upon designated land or other property
			 for the purpose of inspecting, measuring, surveying, photographing, testing, or
			 sampling the property or any designated object or operation
			 thereon.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-20 - Request 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
			 4906-2-14
			 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.
(B)
								 Each matter for which an admission is requested shall
			 be separately set forth. The matter is admitted unless, within twenty days
			 after the service of the request, or within such shorter or longer time as the
			 board or the administrative law judge 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 that 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
			 4906-2-22
			 of the Administrative Code with respect to any answer or objection. Unless it
			 appears that an objection is justified, the board or the administrative law
			 judge shall order that an answer be served. If an answer fails to comply with
			 the requirements of this rule, the board or the administrative law judge
			 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.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-21 - Motions for 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, the board or the
			 administrative law judge 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 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)
									 Certain matters
			 not be inquired into.
(5)
									 The scope of discovery be limited to certain
			 matters.
(6)
									 Discovery be conducted with no one present except
			 persons designated by the board or the administrative law
			 judge.
(7)
									 A trade secret or other confidential research,
			 development, commercial, or other information not be disclosed or be disclosed
			 only in a designated way.
(8)
									 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 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-22 - 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:
(1)
									 Any failure of a
			 party to answer an interrogatory served under rule
			 4906-2-17
			 of the Administrative Code.
(2)
									 Any failure of a
			 party to produce a document or tangible thing or permit entry upon land or
			 other property as requested under rule
			 4906-2-19
			 of the Administrative Code.
(3)
									 Any failure of a
			 deponent to appear or to answer a question propounded under rule
			 4906-2-18 of the
			 Administrative Code.
(4)
									 Any other failure to answer or respond to a discovery
			 request made under rules
			 4906-2-17
			 to
			 4906-2-20
			 of the Administrative Code.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-24 - Stipulations

Current through all regulations passed and filed through July 1, 2024
(A)
								 Any two or more parties may enter into a written or
			 oral stipulation concerning issues of fact or the authenticity of documents, or
			 the proposed resolution of some or all of the issues in a
			 proceeding.
(B)
								 A written stipulation must be signed by all of the
			 parties joining therein, and must be filed with the board and served upon all
			 parties to the proceeding twenty-four hours before the commencement of the
			 hearing in a proceeding.
(C)
								 An oral stipulation may be made only during a public
			 hearing or recorded at a prehearing conference, and all parties joining in such
			 a stipulation must acknowledge their agreement thereto on the record. The board
			 or the administrative law judge may require that an oral stipulation be reduced
			 to writing and filed and served in accordance with paragraph (B) of this
			 rule.
(D)
								 Unless otherwise ordered, parties who file a full or
			 partial written stipulation or make an oral stipulation must file or provide
			 testimony that supports the stipulation. Parties that do not join the
			 stipulation may offer evidence and/or argument in opposition. No stipulation
			 shall be considered binding upon the board.
Replaces: 4906-7-09
Effective: 12/11/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4906.03
Rule
				Amplifies: 4906.03,
				4906.06,
				4906.08,
				4906.09,
				4906.12
Prior
				Effective Dates: 12/27/76, 7/7/80, 6/10/89, 8/28/98, 12/15/03, 1/25/09,
				6/19/09
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-25 - Prehearing conferences

Current through all regulations passed and filed through July 1, 2024
(A)
								 In any proceeding, the board or the administrative law
			 judge may, upon motion of any party or upon their own motion, hold one or more
			 prehearing conferences for the purpose of:
(1)
									 Resolving
			 outstanding discovery matters, including:
(a)
										 Ruling on
			 pending motions to compel discovery or motions for protective
			 orders.
(b)
										 Establishing a schedule for the completion of
			 discovery.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-26 - Practice before the board and designation of counsel of record

Current through all regulations passed and filed through July 1, 2024
(A)
								 Except as otherwise provided in paragraphs (B), (C),
			 and (D) of this rule, each party shall be represented by an attorney at law
			 authorized to practice before the courts of this state, with the exception of
			 an individual person who is appearing on his or her own behalf.
(B)
								 An out-of-state
			 attorney may seek permission to appear pro hac vice before the board in any
			 activity of a case upon the filing of a motion. The motion shall include all
			 the information and documents required by paragraph (A)(6) of section 2 of rule
			 XII of the Rules of the Government of the Bar of Ohio.
(C)
								 Certified legal
			 interns may appear before the board 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 shall participate in a board
			 hearing in the absence of the supervising attorney without:
(1)
									 The written
			 consent of the supervising attorney.
(2)
									 The approval of
			 the board or the administrative law judge.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-27 - 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 board or the administrative law judge
			 requires.
(2)
									 Any party may file a reply memorandum within seven
			 days after the service of a memorandum contra, or such other period as the
			 board or the administrative law judge requires.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-28 - Procedural rulings

Current through all regulations passed and filed through July 1, 2024
The board or the administrative law
				judge may rule, in writing, upon any procedural motion or other procedural
				matter. A copy of any such ruling shall be served upon all parties to the
				proceeding.
Replaces: 4906-7-14
Effective: 12/11/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4906.03
Rule
				Amplifies: 4906.02,
				4906.03,
				4906.12
Prior
				Effective Dates: 12/27/76, 7/7/80,
				6/10/89
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-29 - 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 board from any ruling issued under
			 rule
			 4906-2-28 of
			 the Administrative Code or any oral ruling issued during a hearing or
			 prehearing conference which:
(1)
									 Grants a motion to compel discovery or denies a motion
			 for a protective order.
(2)
									 Denies a motion to intervene or terminates a party's
			 right to participate in a proceeding.
(3)
									 Refuses to quash
			 a subpoena.
(4)
									 Requires the production of documents or testimony over
			 an objection based on privilege.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-30 - Decision by the board

Current through all regulations passed and filed through July 1, 2024
Within a reasonable time after the
				conclusion of the hearing, the board shall issue a final decision based only on
				the record, including such additional evidence as it shall order admitted. The
				board may determine that the location of all or part of the proposed facility
				should be modified. If it so finds, it may condition its certificate upon such
				modifications. Persons and municipal corporations shall be given reasonable
				notice thereof. The decision of the board shall be entered on the board journal
				and into the record of the hearing. Copies of the decision or order shall be
				served on all attorneys of record and all unrepresented parties in the
				proceedings by ordinary mail.
Replaces: part of 4906-7-17
Effective: 12/11/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4906.03
Rule
				Amplifies: 4903.22,
				4906.03,
				4906.10,
				4906.11,
				4906.12,
				4906.20
Prior
				Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03, 1/25/09,
				5/7/09
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-31 - Reopening of proceedings

Current through all regulations passed and filed through July 1, 2024
(A)
								 The board or the administrative law judge may, upon
			 their own motion or upon motion of any person for good cause shown, reopen a
			 proceeding at any time prior to the issuance of a final order.
(B)
								 A motion to
			 reopen a proceeding shall specifically set forth the nature and purpose. If the
			 purpose is to permit the presentation of additional evidence, the motion shall
			 specifically describe the nature and purpose of the requested reopening of such
			 evidence and shall set forth facts showing why such evidence could not with
			 reasonable diligence have been presented earlier in the proceeding.
Replaces: part of 4906-7-17
Effective: 12/11/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4906.03
Rule
				Amplifies: 4903.22,
				4906.03,
				4906.10,
				4906.11,
				4906.12,
				4906.20
Prior
				Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03, 1/25/09,
				5/7/09
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-32 - Applications for rehearing

Current through all regulations passed and filed through July 1, 2024
(A) Any
			 party or any affected person, firm, or corporation may file an application for
			 rehearing, within thirty days after the issuance of a board order, in the
			 manner and form and circumstances set forth in section
			 4903.10 of the Revised Code. An
			 application for rehearing must set forth the specific ground or grounds upon
			 which the applicant considers the board order to be unreasonable or unlawful.
			 An application for rehearing must be accompanied by a memorandum in support,
			 which sets forth an explanation of the basis for each ground for rehearing
			 identified in the application for rehearing and which shall be filed no later
			 than the application for rehearing.
(B) Any party may file a memorandum contra
			 within ten days after the filing of an application for rehearing.
(C) As provided in section
			 4903.10 of the Revised Code, all
			 applications for rehearing must be submitted within thirty days after an order
			 has been journalized by the secretary of the board, or in the case of an
			 application that is subject to automatic approval under the board's procedures,
			 an application for rehearing must be submitted within thirty days after the
			 date on which the automatic time frame has expired, unless the application has
			 been suspended by the board.
(D) A
			 party or any affected person, firm, or corporation may only file one
			 application for rehearing to a board order within thirty days following the
			 entry of the order upon the journal of the board.
(E) The board, the 
								chairperson
			 of the board, or the administrative law judge may issue an order granting
			 rehearing for the purpose of affording the board more time to consider the
			 issues raised in an application for rehearing.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-33 - Supreme court appeals

Current through all regulations passed and filed through July 1, 2024
Consistent with the requirements of section
				4903.13 of the Revised Code, a
				notice of appeal of a board order to the Ohio supreme court must be filed with
				the board's docketing division within the time period prescribed by the court
				and served upon the 
								chairperson of the board or, in his absence, upon
				any voting board member, or by leaving a copy at the offices of the board. A
				notice of appeal of a board order to the Ohio supreme court may not be
				delivered via fax or email.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-3 - Certificate Applications Generally › Section 4906-3-01 - Purpose and scope

Current through all regulations passed and filed through July 1, 2024
(A)
								Unless otherwise specified,
								this
			 chapter sets forth the specific procedural requirements for the filing of a
			 standard certificate application.
(B) The board may, upon its own motion, or upon an application or motion
			 filed by a party, waive any requirement of this chapter other than a
			 requirement mandated by statute.
(C) With respect to any aspect of the public
			 notification requirements, including all notices,
			 service requirements, and other forms of public information, inadvertent
			 failure of service on, or notice to, any of the persons entitled to receive
			 service pursuant to the requirements of this chapter, may be cured pursuant to
			 orders of the board or the administrative law judge, designed to afford such
			 persons adequate notice to enable their effective participation in the
			 proceeding.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-3 - Certificate Applications Generally › Section 4906-3-02 - Preapplication meeting

Current through all regulations passed and filed through July 1, 2024
An applicant considering construction of a major utility
				facility or economically significant wind farm may request a preapplication
				meeting with the board staff prior to submitting an
				application. The results of such meeting(s)
				 in no way constitutes approval or
				disapproval of a particular site or route, and  in no way predetermines the board's decision
				regarding subsequent certification or approval.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-3 - Certificate Applications Generally › Section 4906-3-03 - Public notification requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								The applicant
			 shall file a preapplication notification letter with the board at least
			 twenty-one days prior to the date of any public informational meeting(s) held
			 pursuant to paragraph (B) of this rule. The preapplication notification letter
			 shall include the following information:
(1)
									A basic
			 description of the project that shall include information about the anticipated
			 function, equipment size, approximate acreage, general location, schedule, and
			 purpose of the project.
(2)
									The date, time, and location of the public
			 informational meetings to be held pursuant to paragraph (B) of this
			 rule.
(3)
									A list of any waivers of the board's rules that the
			 applicant anticipates it will be requesting for the project.
(4)
									Confirmation that
			 the applicant has prominently posted the information described in this
			 paragraph on its website prior to filing the preapplication notification
			 letter.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-3 - Certificate Applications Generally › Section 4906-3-04 - Combined standard and accelerated certificate applications

Current through all regulations passed and filed through July 1, 2024
(A)
								
								A project that qualifies for accelerated review
			 by the board and is an associated facility of a
			 major utility facility that is subject to filing as a standard certificate application with the
			 board may be
			 included in the standard certificate
			 application.
(B) Electric
			 generation plants and associated electric transmission or gas pipeline projects
			 that do not qualify for accelerated review shall be filed in separate standard
			 certificate applications.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-3 - Certificate Applications Generally › Section 4906-3-05 - Fully developed site or route information

Current through all regulations passed and filed through July 1, 2024
All standard certificate applications
				shall include fully developed information on the proposed sites or routes. A
				standard certificate application for an electric transmission line or gas
				pipeline should also identify a proposed alternative route together with a
				brief explanation of why the alternative route is less preferred than the
				proposed route. Information as to the alternative route need not be fully
				developed as part of the application filing.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-3 - Certificate Applications Generally › Section 4906-3-06 - Completeness of standard certificate applications, staff investigations, and staff reports

Current through all regulations passed and filed through July 1, 2024
(A) Upon
			 receipt of a standard certificate application for an economically significant
			 wind farm or major utility facility, excluding those filed under paragraph (B)
			 of this rule, the chairperson, or the chairperson's designee, shall
			 examine the certificate application to determine compliance with Chapters
			 4906-1 to 4906-7 of the Administrative Code. Within sixty days following
			 receipt, the chairperson or designee shall either:
(1) Accept the standard certificate
			 application as complete and  notify the applicant to
			 serve and file a certificate of service for the accepted, complete
			 application.
(2) Reject the
			 standard certificate application as incomplete and mail
			 a copy of the completeness decision to the applicant setting forth specific grounds on which the
			 rejection is based. If an application is determined as incomplete, the applicant
			 may appeal for redetermination by an administrative law judge.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-3 - Certificate Applications Generally › Section 4906-3-07 - Service and publication of accepted, complete applications

Current through all regulations passed and filed through July 1, 2024
(A)
								Except as
			 provided in paragraph (B) of this rule:
(1)
									Upon receipt of
			 notification from the chairperson that the standard certificate application is
			 complete, the applicant shall:
(a) Serve a copy of the
			 accepted, complete application, either electronically or by
			 portable solid-state drive, on the chief executive officer of each
			 municipal corporation, county, township, and the head of each public agency
			 charged with the duty of protecting the environment or of planning land use in
			 the area in which any portion of such facility is to be located. Hard copies
			 shall be made available upon request. As used in this rule, "any portion"
			 includes site or route alternatives as provided in rule
			 4906-3-05 of the Administrative
			 Code.
(b) Place a copy of the
			 accepted, complete application or place a notice of the availability of such
			 application in the main public library of each political subdivision as
			 referenced in division (B) of 4906.06 of the Revised Code. If a notice is
			 provided, that notice shall state that an electronic or paper copy of the
			 accepted, complete application is available from the applicant (with
			 instructions as to how to obtain an electronic or paper copy), available for
			 inspection at the applicant's main office, available for inspection at the
			 board's main office, and available at any other sites at which the applicant
			 will maintain a copy of the accepted, complete application.
(c)
			 Supply the board's staff with such additional copies of the
			 accepted, complete application as the board's staff
										requires.
(d) Supply the board
			 with a certificate of its service of such accepted, complete standard
			 certificate application, which shall include the name, address, and official
			 title of each person so served, together with the date on which service was
			 performed and a description of the method by which service was
			 obtained.
(e) Submit the
			 application fee.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-3 - Certificate Applications Generally › Section 4906-3-08 - Scheduling for accepted, complete applications and the effective date of filing

Current through all regulations passed and filed through July 1, 2024
(A)
								After the
			 applicant has complied with rule
			 4906-3-07 of the Administrative
			 Code, the board or administrative law judge shall file an entry in the case
			 indicating the date on which the accepted, complete application is deemed as
			 filed.
(B) Upon an accepted,
			 complete application being deemed filed, the board or administrative law judge
			 shall promptly fix the date(s) for the public hearing(s) and notify the
			 parties.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-3 - Certificate Applications Generally › Section 4906-3-09 - Public notice of accepted, complete applications

Current through all regulations passed and filed through July 1, 2024
(A) After filing an accepted, complete
			 application with the board, the applicant shall, in
			 addition to the newspaper publication requirement in division (C) of section
			 4906.06 of the Revised
			 Code, give two notices of the proposed utility facility.
(1) The initial notice shall be a written
			 notice to those persons that received service of a copy of the application
			 pursuant to rule
			 4906-3-07 of the Administrative
			 Code and each owner and resident of a property
			 that would contain or be crossed
			 by the proposed equipment, route, or facility or any
			 proposed alternatives, and each owner and resident of a property that would be
			 adjacent to a property that would contain or be crossed by the proposed
			 equipment, route, or facility or any proposed alternatives
									 within
			 fifteen days of the filing of the accepted, complete application and shall
			 contain the following information:
(a) The
			 name and a brief description of the proposed facility, including type and
			 capacity.
(b) A map showing the
			 location and general layout of the proposed facility.
(c) A list of officials served with copies of
			 the accepted, complete application pursuant to rule
			 4906-3-07 of the Administrative
			 Code.
(d) A list of public
			 libraries that were sent paper copies or notices of availability of the
			 accepted, complete application, and other readily accessible locations
			 (including the applicant's website and the website, mailing address, and
			 telephone number of the board) where copies of the accepted, complete
			 application are available for public inspection.
(e) A statement, including the assigned
			 docket number, that an application for a certificate to construct, operate, and
			 maintain said facility is now pending before the board.
(f) A statement setting forth the eight
			 criteria listed in division (A) of section
			 4906.10 of the Revised Code used
			 by the board to review an application.
(g) Section
			 4906.07 of the Revised Code,
			 including the time and place of the public and adjudicatory hearings.
(h) Division (C) of section
			 4906.08 of the Revised Code,
			 including the deadline for filing a notice of intervention or petition for
			 leave to intervene as established by the board or administrative law
			 judge.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-3 - Certificate Applications Generally › Section 4906-3-10 - Proof of publication

Current through all regulations passed and filed through July 1, 2024
(A)
								 The applicant shall file a copy of the initial notice
			 with the board within fourteen days after the notice is sent.
(B)
								 The applicant
			 shall provide proof of the second public notice to the board at least three
			 days before the public hearing by filing a copy of the notice sent to persons
			 pursuant to rule
			 4906-3-09
			 of the Administrative Code and providing either a copy of the entire
			 date-marked newspaper page that contains the actual notice or copy of the proof
			 of publication from the newspaper(s) in which the notice was
			 published.
(C)
								 Inadvertent failure of service on, or notice to, any
			 of the persons entitled to receive service pursuant to the requirements for
			 this chapter, may be cured pursuant to orders of the board or the
			 administrative law judge, designed to afford such persons adequate notice to
			 enable their effective participation in the proceeding. In addition, the board
			 or the administrative law judge may, after filing, require the applicant to
			 serve notice of the accepted, complete application or copies thereof, or both,
			 upon such other persons, and file proof thereof, as the board or the
			 administrative law judge considers appropriate.
Replaces: 4906-5-09
Effective: 12/11/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4906.03,
				4906.20
Rule
				Amplifies: 4906.03,
				4906.06,
				4906.20
Prior
				Effective Dates: 12/27/76, 6/10/89, 8/28/98,
				12/15/03
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-3 - Certificate Applications Generally › Section 4906-3-11 - Amendments of accepted, complete applications and of certificates

Current through all regulations passed and filed through July 1, 2024
(A) The applicant
			 shall submit to the board any applications for amendment to a pending accepted,
			 complete application in accordance with rule
			 4906-3-06or 4906-6-06 of the Administrative Code.
(1) Each application for amendment shall
			 specifically identify the portion of the pending accepted, complete application
			 which has been amended.
(2) The
			 applicant shall serve a copy of the application for amendment upon all persons
			 previously entitled to receive a copy of the application, and shall supply the
			 board with proof of such service.
(3) The applicant shall place a copy of such
			 application for amendment or notice of its availability in all libraries
			 consistent with rule
			 4906-3-07 of the Administrative
			 Code, and shall supply the board with proof of such action.
(4) Upon review, the board or the
			 administrative law judge may require such additional action as is determined
			 necessary to inform the general public of the proposed amendment, including,
			 but not limited to:
(a) Ordering the applicant
			 to issue public notice pursuant to rule
			 4906-3-09 of the Administrative
			 Code.
(b) If a hearing is required,
			 the hearing may be postponed on the pending, accepted, complete application
			 and/or application for amendment up to ninety days after receipt of said
			 application for amendment.
(5) Staff shall review the application for
			 amendment pursuant to paragraph (C) of rule
			 4906-3-06 of the Administrative
			 Code.
(6) Unless otherwise ordered
			 by the board or administrative law judge, modifications to a proposed route
			 that are introduced into the record by the applicant during review of the
			 accepted, complete application and during the hearing process shall not be
			 considered amendments if such modifications are within the two thousand foot
			 study corridor and do not impact additional landowners by requiring easements
			 for construction, operation, or maintenance or appear
			 to create further additional adverse
			 impacts within the planned right-of-way of the proposed facility. Unless
			 otherwise ordered by the board or administrative law judge, modifications to
			 the footprint of an electric power generation facility that are introduced into
			 the record by the applicant during review of the accepted, complete application
			 and during the hearing process shall not be considered amendments if such
			 modifications do not appear to create
			 additional
			 adverse impacts to properties adjacent to or within
			 the planned site, or adjacent to or
			 within the right-of-way of the proposed facility.