Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-23 - Bonds

Current through all regulations passed and filed through July 1, 2024
(A)
								If the commission determines a stay is necessary, it
			 may order the posting of a bond. Prior to setting bond, the commission shall
			 take evidence upon affidavit or at hearing as to the pecuniary losses, or
			 required expenditures to prevent losses, during the time interval of the appeal
			 before the commission. The total value of any project involved in an appeal is
			 not determinative of the amount of the bond to be set by the commission, nor
			 shall potential revenue loss to a governmental unit be considered the same as
			 pecuniary damage to a private party, nor shall the ordinary on-going expenses
			 of the project being appealed be considered as pertinent to the determination
			 of bond. The amount of the bond shall be determined exclusively by
			 extraordinary expenditures or losses incident to the suspension of the project
			 resulting from the commission's order to stay.
(B)
								The commission
			 will not require bond where it would have the effect of denying appellants
			 their right to review of administrative actions appealable to the commission
			 under Chapter 3745. of the Revised Code. The considerations of administrative
			 difficulty, delay in the effectuation of permits or other actions of the
			 director or statutory agency, or economic cost incident to such general delay
			 as is part of the review process shall not serve as a basis for the setting of
			 bond by the commission.
(C)
								A bond may be in the form of a pledge of property or
			 security owned by the person required to post bond by the commission or the
			 providing a promise of surety by some person other than the one required to
			 post bond who shall provide the commission with evidence of his fiscal
			 responsibility. In either situation, the commission must be offered assurance
			 that the face sum of the bond shall be paid in the event of
			 forfeiture.
(D)
								All bonds required by the commission shall be filed
			 with the executive secretary of the commission and kept in his custody. The
			 secretary shall list in the registry, under the registry number of the case in
			 which the bond has been required, the fact that a bond has been called for by
			 the commission, its amount, and the type of security offered, including the
			 name and address of any person acting as surety.
(E)
								A bond shall be
			 released when it expires by its own terms as set by the commission or when the
			 commission orders its release. In the event it becomes necessary to collect
			 upon the bond, the commission shall take evidence as to whether all or only a
			 part of the bond is to be paid, to whom payment shall be made, and to whom
			 unexpended portions shall be returned.
(F)
								The executive
			 secretary of the commission shall note in the registry the date of the bond's
			 release, payment, or expiration.
Replaces: 3746-5-15
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