Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-16 - Report and recommendation of hearing examiner

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Except as otherwise provided in this paragraph, not later than forty-five days
			 after receipt of the stenographic record of an adjudication hearing, and upon
			 due consideration of the record, the hearing examiner shall file a report and
			 recommendation and shall submit a copy of that report and recommendation to the
			 director. In cases where the hearing examiner has established a post-hearing
			 briefing schedule, the report and recommendation shall be filed and submitted
			 not later than forty-five days after the completion of briefing. The report
			 shall include findings of fact and conclusions of law, and the recommendation
			 shall include the recommendations regarding the action to be taken by the
			 director.
(B) A copy of the report
			 and recommendation shall be 
								sent to all parties or their attorneys, and to
			 the persons entitled to receive documents pursuant to rule
			 3745-47-05 of the Administrative
			 Code. Copies shall be 
								sent in accordance with section
			 119.05 of the Revised Code
			 not later than five days after the submission of the report and recommendation
			 to the director.
(C) Any person to
			 whom a copy of the report and recommendation shall be provided pursuant to
			 paragraph (B) of this rule may file a written statement of objections to the
			 report and recommendation with the hearing examiner in
			 accordance with rule
			 3745-47-05 of the Administrative
			 Code, not later than ten days after receipt of the copy.
			  Upon the director's own motion, or upon motion of any
			 person entitled to file an objection, the director may grant extensions of the
			 ten-day period. A motion for an extension of time to
			 file a written statement of objection may be filed with the hearing examiner in
			 accordance with rule 3745-47-05 of the Administrative Code. All written
			 statements of objections filed pursuant to this paragraph shall be considered
			 by the director before issuance of a final action. All objections shall
			 state each legal and each factual basis for the objection. Where matters of
			 fact form a basis for the objection, a citation to the record shall be
			 included. Persons filing objections shall serve their objections upon all other
			 persons entitled to file objections. Answers to objections may not be
			 filed.
(D) After the hearing
			 examiner's report and recommendation has been filed, the director, upon the
			 director's own motion or upon motion of a party, may permit the parties to file
			 further documentary evidence
								in accordance with the rule
			 3745-47-05 of the Administrative
			 Code. The director may remand the matter to the hearing examiner for the
			 taking of additional testimony. In deciding whether to permit the taking of
			 additional testimony, the director shall give consideration to harm to the
			 public welfare or the environment that may result from delay in the
			 adjudication proceeding.
(E)
								Not earlier than expiration of the time for submission
			 of objections under paragraph (C) of this rule, the director shall approve,
			 modify, or disapprove the hearing examiner's report and recommendation as a
			 final action.
(F)
								When the final action modifies or disapproves the
			 hearing examiner's report and recommendation, the final action shall include
			 findings of fact and conclusions of law with the reasons for such modification
			 or disapproval.
(G)
								The decision of the director shall be entered in the
			 director's journal and in the record of the adjudication proceeding.
Replaces: 3745-47-18