reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 1509 - Oil and Gas Commission › Chapter 1509-1 - General Provisions › Section 1509-1-22 - Substitution of parties, dismissal and withdrawal

Current through all regulations passed and filed through July 1, 2024
(A) In the event of the death of the
			 appellant or other party or for other proper cause, the commission may order
			 the substitution of the proper parties.
(B) Failure to comply with the provisions of
			 section
			  1509.36  of
			 the Revised Code governing the filing of appeals with the commission shall be
			 sufficient basis for dismissing an appeal.
(C) If an appellant fails to appear
			 personally or by counsel or other authorized representative at a hearing
			 scheduled, after being duly notified of the hearing by the certified mailing of
			 a notice of hearing to such party's last known address, and if good cause for
			 such failure to appear is not shown, the commission shall dismiss an
			 appeal.
(D) The effect of a
			 dismissal of an appeal shall be to leave in effect the order of the chief from
			 which the dismissed appeal had been made and shall not constitute an affirmance
			 of the chief's order by the commission.
(E) Upon notice
			 of an appellant, filed with the commission and
			 served upon all other parties, an appeal may be withdrawn.
			 The withdrawal shall be entered into the record and the
			 appeal shall be considered closed.
Effective:
				2/14/2019
Five Year Review (FYR) Dates:
				5/24/2018 and
				05/31/2023
Promulgated
				Under:
				 119.03
Statutory Authority:
				 1509.35
Rule Amplifies:
				 1509.36
Prior Effective Dates: 06/06/1966, 05/31/1998, 06/15/2003,
				09/30/2008, 06/20/2013
Ohio Administrative Code › Title 1509 - Oil and Gas Commission › Chapter 1509-1 - General Provisions › Section 1509-1-23 - Decisions of the commission

Current through all regulations passed and filed through July 1, 2024
(A) If,
			 upon completion of an evidentiary hearing, the commission finds that the order
			 appealed from was lawful and reasonable, it shall make a written decision
			 affirming the order appealed from. If the commission finds that the order
			 appealed from was unreasonable or unlawful, it shall make a written decision
			 vacating the order appealed from, and making the order that it finds the chief
			 should have made or remanding the matter to the chief for further
			 proceedings.
(B) All decisions of
			 the commission shall incorporate:
(1) Findings
			 of fact;
(2) Conclusions of law;
			 and
(3) An order granting or
			 denying relief.
Ohio Administrative Code › Title 1509 - Oil and Gas Commission › Chapter 1509-1 - General Provisions › Section 1509-1-24 - Appeals from commission decisions

Current through all regulations passed and filed through July 1, 2024
(A) Any party  adversely affected by a final order of
			 the commission may file an appeal in accordance with section
			  1509.37 
			 of the Revised Code.
(B) The
			 expense of preparing and transcribing the record of proceedings shall be borne
			 by the party appealing the decision of the commission.
(C) All matters remanded to the commission
			 shall be disposed of in accordance with the order of the court arising from
			 judicial review.
Effective:
				5/5/2019
Five Year Review (FYR) Dates:
				11/6/2018 and
				05/31/2023
Promulgated
				Under:
				 119.03
Statutory Authority:
				 1509.35
Rule Amplifies:
				 1509.37
Prior Effective Dates:
				09/30/2008
Ohio Administrative Code › Title 1509 - Oil and Gas Commission › Chapter 1509-1 - General Provisions › Section 1509-1-25 - Rules of the commission, notice of public hearing on rule amendments

Current through all regulations passed and filed through July 1, 2024
(A) The commission
			 shall adopt rules governing procedures to be followed in proceedings before the
			 commission.
(B) Whenever the
			 commission proposes to adopt, amend or rescind any rule which the commission is
			 authorized by law to do, the commission will hold a public hearing. The hearing
			 will be held at least thirty days after the proposed rule changes have been
			 filed pursuant to section
			  119.03 
			 of the Revised Code and after reasonable public notice has been given pursuant
			 to this rule.
(C) Public notice
			 shall state the commission's intention to consider adopting, amending, or
			 rescinding a rule, shall include a synopsis of the proposed rule, amendment, or
			 rule to be rescinded, or a general statement of the subject matter to which
			 such rule relates, and the date, time, and place of a hearing on said proposed
			 action. The notice shall also state the place from which copies of the proposed
			 rule, amendment, or rule to be rescinded may be obtained. Public notice shall
			 be published in the register of Ohio, found on the internet at
http://www.registerofohio.state.oh.us
,
			 and shall be announced in the "Hannah Report" published by the Hannah news
			 service.
(D) The commission shall
			 have available at all times, copies of all rules governing the procedures of
			 the commission and shall furnish a copy of said rules free of charge to any
			 person requesting said rules.
Effective:
				2/14/2019
Five Year Review (FYR) Dates:
				5/24/2018 and
				05/31/2023
Promulgated
				Under:
				 119.03
Statutory Authority:
				 1509.35
Rule Amplifies:
				 1509.36
Prior Effective Dates: 09/24/1976, 05/31/1998, 06/15/2003,
				09/30/2008
Ohio Administrative Code › Title 1509 - Oil and Gas Commission › Chapter 1509-1 - General Provisions › Section 1509-1-26 - Notice of public meetings ("Sunshine Law")

Current through all regulations passed and filed through July 1, 2024
Notice of all public meetings of the commission may be obtained
						by any of the following methods:
(A) Any
					person may learn of the time and place of regularly scheduled meetings or the
					time, place, and purpose of any special meeting by calling the office of the
					commission.
(B) Any person may obtain
					advance notice of all meetings at which any specific type of public business is
					to be discussed by identifying the type of public business for which the person
					desires to be notified and by supplying the executive director of the commission
					with stamped self-addressed envelopes. The executive director shall mail to such
					person a notice of the time, place, and type of business to be discussed at the
					meeting at least four calendar days before the meeting is scheduled to occur
					unless the meeting is an emergency meeting.
(C) The commission or its staff shall maintain
					a list of representatives of the news media who have requested in writing notice
					of special or emergency meetings. The commission or its staff
					shall mail or email such representatives notice at
					least four days before special meetings or shall provide telephone or email
					notice at least twenty-four hours before special meetings. In the event of an
					emergency meeting, the representatives of the news media who have requested
					notification of emergency meetings shall be notified immediately of the time,
					place, and purpose of the meeting. News media requesting notice pursuant to this
					paragraph shall supply the commission or its staff with the name, mailing
					address, email address, and telephone number of the representative to be
					contacted.
(D) Notice of public
					meetings shall be announced in the "Hannah Report" published by the Hannah news
					service.
(E) Notice of commission
					hearings shall be posted on the commission's web site.
Effective:
						7/26/2019
Five Year Review (FYR) Dates:
						5/31/2023
Promulgated Under:
						  119.03
Statutory Authority:   1509.35
Rule Amplifies:
						  1509.35,   1509.36
Prior Effective Dates: 09/24/1976, 05/31/1998,
						06/15/2003, 09/30/2008, 06/20/2013,
						02/14/2019
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-02 - Internal regulations

Current through all regulations passed and filed through July 1, 2024
(A) This chapter governs the practices and procedures before the reclamation commission.
(B) Quorum.
(1) Four members constitute a quorum, and no action of the commission shall be valid unless it has the concurrence of at least four members.
(2) An inability to reach a concurrence of four members shall be deemed to have occurred when a majority of the participating members conclude that a concurrence of four members cannot be reached.
(3) In rendering a decision, if the members of the commission who attended a hearing fail to reach a concurrence of at least four commission members, the existing record of proceedings shall be submitted to all members who did not attend any portion of the hearing, which members shall inform the commission of their decision to participate in the appeal. If any such member decides to participate, that member shall review the record of the proceedings before the commission, and then shall participate in the rendering of a decision in the matter under consideration.
(4) In the event that a concurrence of four members cannot be reached, a decision shall be issued reflecting that four members of the commission could not reach agreement regarding whether the chief's action under appeal was, or was not, arbitrary, capricious or otherwise inconsistent with law. In such case, the commission's decision shall include the necessary order, affirming the chief's action under appeal pursuant to division (B) of section   1513.13   of the Revised Code.
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-03 - Appearance and practice before the commission

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.
(B)
								 Any attorney at law admitted to practice before the
			 courts of the state of Ohio may practice before the commission. Practice shall
			 include commencing, conducting or defending any matter before the commission.
			 Attorneys admitted to practice in Ohio shall provide their attorney
			 registration number on filings made with the commission.
(C)
								 Attorneys not
			 admitted to practice before the courts of the state of Ohio may petition the
			 commission for admission pro hac vice. Attorneys appearing pro hac vice shall
			 comply with rule XII of the Rules for the Government of the Bar of Ohio, and
			 shall present to the commission a copy of a certificate of pro hac vice
			 registration with the Ohio supreme court.
(D)
								 All persons appearing before the commission
			 shall conform to the standards of ethical conduct required in appearances in
			 the courts of the state of Ohio. The commission shall have the authority, for
			 good cause stated in the record, to bar from participation in a particular
			 proceeding any person, including an attorney, who shall refuse to comply with
			 the
			 commission's directions, or who engages in disorderly conduct, dilatory
			 tactics, or contemptuous language in the course of such proceedings.
(E)
								 The commission may, for cause, deny or suspend
			 the right of any person to appear before the commission.
(F)
								 Notice of any change of attorney of record shall
			 be given promptly to the commission and to all other
			 parties.
(G)
								 Ex parte contacts
			 or communications concerning substantive issues of a pending case between
			 parties or representatives of the parties appearing before the commission and
			 the commission is prohibited.
Effective:
				10/11/2013
R.C.
				119.032 review dates:
				07/03/2013 and
				10/01/2018
Promulgated
				Under: 119.03
Statutory
				Authority: 1513.05
Rule
				Amplifies: 1513.13,
				1514.09
Prior
				Effective Dates: 11/1/1984, 3/7/1986, 1/5/1988, 2/5/1999,
				1/26/2009
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-04 - Appeals to the reclamation commission

Current through all regulations passed and filed through July 1, 2024
(A) Any person exercising their right to appeal to the reclamation commission under section   1513.13   of the Revised Code shall file such appeal to the commission pursuant to this rule.
(B) A notice of appeal shall:
(1) Be in writing and may be in the form of a letter or a legal pleading;
(2) Identify the name, address, telephone number and email address, if available, of the appellant;
(3) Identify the name, address, telephone number and email address, if available, of appellant's counsel, if appellant is represented by counsel;
(4) Identify the notice, order or decision of the chief of the division of mineral resources management to be reviewed, and include a copy of the written notice, order or decision to be reviewed;
(5) Pursuant to section   1513.13   of the Revised Code, identify the grounds upon which review is being sought, the manner in which appellant is aggrieved or adversely affected by the action of the chief of the division of mineral resources management and the relief sought on appeal;
(6) Be signed by the appellant or by an attorney admitted to practice before the supreme court of Ohio, or an attorney admitted to practice by the commission pursuant to a motion to appear pro hac vice, and
(7) Where review of the assessment of a civil penalty is sought, the appellant shall comply with the requirements of section   1513.02   of the Revised Code and shall include and forward to the commission the amount of the penalty for placement in a penalty fund.
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-05 - Filing and service of papers

Current through all regulations passed and filed through July 1, 2024
(A) Documents required or permitted to be filed with the commission may be filed personally, by mail addressed to the reclamation commission or by facsimile transmission followed by hard copy.
(B) The filing of a notice of appeal is controlled by section   1513.13   of the Revised Code. A notice of appeal shall be deemed filed with the commission when received by the commission, or if the notice of appeal is sent to the commission by certified mail, registered mail or priority express mail, the notice of appeal shall be deemed filed with the commission on the postmark date placed upon the sender's receipt by the postal service.
(C) The copy of the notice of appeal required by section   1513.13   of the Revised Code to be filed with the chief of the division of mineral resources management shall be deemed filed with the chief when received by the chief, or if the copy of the notice of appeal is sent to the chief by certified mail, registered mail or priority express mail, the copy of the notice of appeal shall be deemed filed with the chief on the postmark date placed upon the sender's receipt by the postal service.
(D) A document requesting temporary relief shall be deemed filed with the commission only when received by the commission.
(E) All filings other than a notice of appeal or request for temporary relief, that are not sent to the commission by certified mail, registered mail or priority express mail, shall be deemed filed with the commission on the day on which the filings are received by the commission. Filings made by certified mail, registered mail or priority express mail, shall be deemed filed on the postmark date placed upon the sender's receipt by the postal service.
(F) Parties shall file an original and one copy of any papers required or permitted to be filed with the commission.
(G) Copies of all documents filed with the commission by any party to an appeal shall be served upon all other parties to the appeal. Service on a party represented by counsel shall be made on counsel.
(H) Service by mail is complete upon mailing.
(I) All documents required or permitted to be filed with the commission must contain:
(1) The name of the case;
(2) The case number;
(3) The title of the document; and
(4) Proof of service in the form of a statement of the date and manner of service and of the names of the persons served.
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-06 - Computation and extension of time

Current through all regulations passed and filed through July 1, 2024
(A) In computing any period of time stated or allowed by Chapter 1513. or Chapter 1514. of the Revised Code or by the rules of this chapter of the Administrative Code:
(1) The day of the act or event from which the designated period of time begins to run shall not be included.
(2) The last day of the period so computed shall be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday.
(3) When the period of time stated or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
(4)
									Legal holidays are defined in section   124.19   of the Revised Code.
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-07 - Intervention

Current through all regulations passed and filed through July 1, 2024
(A) Any person may
			 petition for leave to intervene in an appeal
			 before the commission, which 
								appeal has
			 been initiated by another party. A petition for leave
			 to intervene must be filed at least ten days prior to the beginning of an
			 evidentiary hearing on the merits of an appeal, unless waived by the commission
			 for extraordinary cause.
(B)
			 A petitioner for leave to intervene shall incorporate in the petition a
			 statement setting forth the interest of the petitioner and, where required, a showing of why
			 
								the
			 petitioner's interest is or may be adversely affected.
(C)
								
								Subject to compliance with
			 paragraph (A) of this rule, the commission shall grant intervention where
			 the petitioner:
(1) Had a statutory right to
			 initiate 
									an appeal in which he wishes to intervene;
			 or
(2) Has an interest which is or
			 may be adversely affected by the chief's action under
			 appeal.
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-08 - Temporary relief

Current through all regulations passed and filed through July 1, 2024
(A) The
			 
								chairperson of the reclamation commission may, under
			 conditions he prescribes, grant temporary relief he considers appropriate
			 pending final determination of an appeal in accordance with the provisions of
			 division (C) of section
			  1513.13  of the Revised
			 Code.
(B) A request for temporary
			 relief must meet the requirements for a notice of appeal set forth in
			 paragraph (B) of rule 1513-3-04 of  the Administrative Code and must also contain:
(1) A detailed
			 written statement setting forth the reasons why relief should be granted;
			 and
(2) Where a right to a decision
			 in five days exists
									pursuant to division (C) of section
			  1513.13  of the Revised
			 Code a clear statement of whether or not that right is waived.
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-09 - Responsive pleadings

Current through all regulations passed and filed through July 1, 2024
(A) The
			 reclamation commission may order a party to file a response to any request,
			 allegation, averment, or argument made by another party in a notice of appeal
			 or other document filed with the  commission. The response ordered may be
			 either a counter-argument or an admission or
			 denial of averments, or other response.
(B) Unless the commission orders otherwise,
			 the party ordered to file a response pursuant to this rule shall have ten days
			 from the issuance of the commission's order to make such filing.
(C) Failure to respond
			 
								as
			 ordered may be treated as a failure to appear at hearing.
Effective:
				10/11/2013
R.C.
				119.032 review dates:
				07/03/2013 and
				10/01/2018
Promulgated
				Under: 119.03
Statutory
				Authority: 1513.05
Rule
				Amplifies:  11513.13, 1514.09
Prior
				Effective Dates: 11/1/1984, 2/5/1999,
				1/26/2009
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-10 - Discovery

Current through all regulations passed and filed through July 1, 2024
(A)
								 Parties to an appeal may obtain discovery in preparing
			 their case in accordance with the provisions of rules 26 through 36 of the Ohio
			 Rules of Civil Procedures.
(B)
								 Discovery may be
			 obtained from all parties, including intervenors. Discovery from non-parties
			 may be obtained pursuant to rule 45 of the Ohio Rules of Civil
			 Procedures.
(C)
								 If a party fails to obey an order to compel or permit
			 discovery issued by the commission, the commission may make such orders in
			 regard to the failure as are just, including, but not limited to, taking
			 actions limiting the disobedient party's right to present evidence or
			 terminating the proceedings and rendering a judgment by default against the
			 disobedient party.
Replaces: 1513-3-10
Effective:
				10/11/2013
R.C.
				119.032 review dates:
				10/01/2018
Promulgated
				Under: 119.03
Statutory
				Authority: 1513.05
Rule
				Amplifies: 1513.13,
				1513.131,
				1514.09
Prior
				Effective Dates: 11/1/1984, 3/7/1986, 2/5/1999, 6/10/2004,
				1/26/2009
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-11 - Motions

Current through all regulations passed and filed through July 1, 2024
(A) Except for oral motions which must be made at a hearing on the record, or where the commission otherwise directs, any motion made to the commission shall:
(1) Be in writing;
(2) State with particularity the grounds on which it is based;
(3) Set forth the relief sought;
(4) Be filed with the commission and served upon all parties to the appeal at least ten days in advance of the hearing, unless the movant demonstrates that unusual circumstances exist justifying an exception to this rule.
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-12 - Pre-hearing procedures

Current through all regulations passed and filed through July 1, 2024
(A)
			 The  commission, or its hearing
			 officer, on its own initiative or at the request of any
			 party, may schedule and hold pre-hearing conferences
			 regarding issues on
			 appeal.
(B) Whenever a
			 pre-hearing conference is held, the commission, or its hearing officer, may
			 issue an order which recites the matters discussed, the agreements reached, and
			 the rulings made at the pre-hearing conference.
(C) The commission, or its hearing officer,
			 may require the filing of a pre-hearing statement by the parties to an appeal.
			 The commission may require the statement to:
(1) Inform the commission in detail of the
			 factual and legal issues which the case presents;
(2) Include all exhibits which are to be
			 introduced in evidence;
(3) Outline
			 the expected testimony of witnesses on controverted factual issues;
(4) Set forth the party's position on legal
			 issues, including any significant evidentiary questions, and the authorities in
			 support thereof;
(5) Include copies
			 of available opinions and reports of all persons
			 who may be called as expert witnesses.
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-13 - Notice of hearings and continuance of hearings

Current through all regulations passed and filed through July 1, 2024
(A) Written notice of the time, place and
			 nature of any hearing shall be given by the  commission to all parties to, and
			 persons interested in, an appeal at least 
								five days
			 before the hearing is held.
(B) Written notice of hearing shall be mailed
			 to the parties by certified mail.
(C)
								 If temporary
			 relief is requested, the commission may give oral or written notice of the
			 hearing at any reasonable time prior to the scheduled temporary relief
			 hearing.
(D)
								 Continuance of
			 scheduled hearings.
(1) The commission
			 may
									continue any
			 hearing upon its own motion or may continue any
			 hearing upon motion of any party, and upon 
									the party's showing
			 of good cause and proper diligence.
(2) Motions for
			 continuance of a hearing must be filed with the  commission and served upon all parties
			 to 
									an
			 appeal at least fourteen days in advance of a hearing.
(3) Motions for continuance made less than
			 fourteen days before hearing or at hearing shall be granted only upon
			 demonstration that an extraordinary situation exists which could not have been
			 anticipated and which would justify the granting of a continuance.
(4) Motions for continuance must state the
			 reasons why a continuance is necessary.
(5) A request for continuance by
			 
									any party who has a right to
			 a hearing or decision within a prescribed time
			 period, shall be viewed as a waiver of 
									that
			 party's right to a  hearing or
			 decision within such prescribed period.
(6)
									
									Resumptions of 
									a hearing
			 may be ordered by the commission in situations 
									where a
			 hearing cannot be concluded in the time initially set
			 .
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-14 - Site views and location of hearings

Current through all regulations passed and filed through July 1, 2024
(A) Site views.
(1) After an action is commenced, or as part of a notice of appeal, any party may request that the commission view the site of mining or reclamation operations or other areas or features relevant to the appeal.
(2) Subject to any applicable safety requirements, the commission may, upon reasonable notice and at reasonable times, inspect any site or other premises when the commission is of the opinion that such a viewing would have a beneficial value in any matter pending before the commission.
(3) A quorum of commission members need not be present to conduct a site view.
(4) The commission shall control and direct the manner of conducting a site view.
(5) All parties shall have prior notice of a site view and shall have the right to be present.
(6) Where a site view is conducted on property subject to a mining and reclamation permit, parties shall be informed prior to the site view of any necessary personal protective equipment, including hard hat, safety glasses, hearing protection, safety-toed shoes or boots and additional equipment as may be required on mine property as determined by the mine operator.
(7) The commission may limit the number of persons who may accompany a party at a site view.
(8) No argument or independent oral statement of the parties shall be permitted at a site view.
(9) A site view shall not be considered as evidence.
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-15 - Consolidation of proceedings

Current through all regulations passed and filed through July 1, 2024
When 
								appeals involving a common question of law or
				fact are pending before the 
				commission, such 
								appeals are subject to consolidation pursuant to
				a motion by a party or at the initiative of the commission.
				The commission shall administer consolidated appeals in
				the manner it deems most appropriate.
Effective:
				10/11/2013
R.C.
				119.032 review dates:
				07/03/2013 and
				10/01/2018
Promulgated
				Under: 119.03
Statutory
				Authority: 1513.05
Rule
				Amplifies: 1513.13,
				1513.131,
				1514.09
Prior
				Effective Dates: 11/1/1984, 2/5/1999
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-16 - Conduct of evidentiary hearings

Current through all regulations passed and filed through July 1, 2024
(A) The reclamation commission shall conduct hearings and other proceedings in such a manner as to render a complete decision on all issues which are presented, and shall take any steps consistent with the impartial discharge of its duties which are reasonable and necessary to ascertain all relevant facts. The commission shall determine the conduct of the hearing and the order of presentation of evidence.
(B) Burden of persuasion.
(1) In review of notices of violation and cessation orders, the division of mineral resources management shall have the ultimate burden of persuasion as to the validity of the notice of violation or cessation order.
(2) In review of civil penalty assessments, the division of mineral resources management shall have the ultimate burden of persuasion as to the fact of the underlying violation and as to the amount of the penalty.
(3) In review of any other orders or decisions of the chief of the division of mineral resources management, the ultimate burden of persuasion shall rest with the appellant.
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-17 - Voluntary dismissal and settlement

Current through all regulations passed and filed through July 1, 2024
(A) An appeal  before the  commission may be
			 
								closed by the 
								appellant's filing
			 of a notice of  withdrawal of appeal at
			 any time
			 prior to the commission's rendering of a final decision.
(B) If all full
			 parties agree, settlement may be allowed at any stage of the proceedings prior
			 to a final decision. In all cases where a proceeding is sought to
			 be terminated by any of the parties as a result of a settlement agreement, the
			 terms of such settlement shall be submitted to the commission for final
			 action.
(C)
								 If an appeal is settled during the course of a hearing, the
			 parties shall enter into the record a statement acknowledging that they have
			 reached an agreement, that all issues have been resolved, and that a withdrawal
			 of the appeal will be filed.
Effective:
				10/11/2013
R.C.
				119.032 review dates:
				07/03/2013 and
				10/01/2018
Promulgated
				Under: 119.03
Statutory
				Authority: 1513.05
Rule
				Amplifies: 1513.13,
				1513.131,
				1514.09
Prior
				Effective Dates: 11/1/1984, 3/7/1986, 2/5/1999,
				6/10/2004
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-18 - Reports and recommendations of the hearing officer

Current through all regulations passed and filed through July 1, 2024
(A) Unless otherwise directed by the
			  commission, where a hearing
			 officer has conducted an adjudicatory hearing, the hearing officer shall submit
			 a report and recommendation to the  commission in accordance with the
			 provisions of section
			  1513.131  of the Revised
			 Code.
(B)
								
			 After an action is commenced, or as part of a notice of appeal, any full party
			 to an appeal may make a written motion requesting that its hearing be conducted
			 before the commission, rather than before a hearing officer.
(C)
								 The hearing officer shall submit reports and
			 recommendations to the commission on any interlocutory rulings which
			 fully adjudicate
			 the issues of the appeal.
(D)
								 Reports and recommendations of hearing officers
			 shall be submitted to the commission within a time reasonably sufficient to
			 allow the commission to issue its orders within any time limits imposed by law.
			 However, in the event that a decision must be rendered
			 within a specified time period, the appeal will be heard by the commission
			 rather than by a hearing officer, unless there has been a waiver of the right
			 to an expedited hearing.
(E)
								 Reports and recommendations of the hearing
			 officers shall be sent to the parties by certified mail.
(F)
								 A party may, within fourteen days after receipt
			 of a report and recommendation of the hearing officer, serve and file written
			 objections to the hearing officer's report, which objections may include a
			 motion for admission of additional evidence. Objections shall be specific and
			 state with particularity the grounds therefor.
(G)
								 Any party  may 
								within fourteen days 
								after
			 receipt of objections to the report and recommendation of the hearing
			 officer,
								
			 file a response.
(H)
								 The commission may
			 order oral argument upon objections to a report and recommendation of the
			 hearing officer.
Effective:
				10/11/2013
R.C.
				119.032 review dates:
				07/03/2013 and
				10/01/2018
Promulgated
				Under: 119.03
Statutory
				Authority: 1513.05
Rule
				Amplifies: 1513.131
Prior
				Effective Dates: 11/1/1984, 3/7/1986, 2/5/1999,
				1/26/2009
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-19 - Decisions of the commission

Current through all regulations passed and filed through July 1, 2024
(A)
			 All final decisions of the commission shall set
			 forth:
(1) Findings of fact;
(2) Conclusions of law; and
(3) An order affirming, modifying, or vacating and remanding, the matter
			 under appeal.
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-21 - Award of costs and expenses

Current through all regulations passed and filed through July 1, 2024
(A)
								 Pursuant to
			 division (E)(1)(c) of section
			  1513.13  of the Revised Code, the
			 division of mineral resources management may file a petition for an award of
			 costs and expenses including attorneys' fees reasonably incurred in connection
			 with any appeal before the reclamation commission which results in a final
			 order being issued by the commission and where the division demonstrates that a
			 party initiated or participated in the appeal in bad faith and for the purpose
			 of harassing or embarrassing the division.
(1)
									 A petition for
			 an award of costs and expenses including attorneys' fees requested under
			 division (E)(1)(c) of section
			  1513.13  of the Revised Code must
			 be filed with the commission within sixty days of the petitioner's receipt of
			 the final decision of the commission in the action in which the fees were
			 incurred. Failure to make a timely filing of the petition shall constitute a
			 waiver of the right to such an award.
(2)
									 Contents of
			 petition. A petition filed with the commission pursuant to division (E)(1)(c)
			 of section  1513.13  of the Revised Code
			 shall include the name of the person from whom costs and expenses are sought
			 and the following shall be submitted in support of the petition:
(a)
										 An affidavit
			 setting forth in detail all costs and expenses, including attorneys' fees,
			 reasonably incurred for, or in connection with, the division's participation in
			 the proceeding;
(b)
										 Receipts or other evidence of such costs and expenses;
			 and
(c)
										 Where attorneys' fees are requested, evidence that the
			 hours expended and the fees requested, are reasonable for the appeal and for
			 the locality.
(3)
									 Any person served with a copy of a petition shall have
			 thirty days from service of the petition within which to file an answer to such
			 petition.
(4)
									 An award under this rule may include:
(a)
										 All costs and
			 expenses, including attorneys' fees and expert witness fees, reasonably
			 incurred as a result of the division's participation in a proceeding before the
			 commission; and
(b)
										 All costs and expenses, including attorneys' fees and
			 expert witness fees, reasonably incurred in seeking the award of
			 costs.
Ohio Administrative Code › Title 1513 - Reclamation Commission › Chapter 1513-3 - General Provisions › Section 1513-3-22 - Appeals from commission decisions

Current through all regulations passed and filed through July 1, 2024
(A) Any party aggrieved or adversely affected by a decision of the reclamation commission:
(1) In actions involving coal mining and reclamation brought under Chapter 1513. of the Revised Code may seek review of a commission decision in the court of appeals for the county in which the activity addressed by the decision of the commission occurred, is occurring, or will occur, or
(2) In actions involving industrial minerals mining and reclamation and brought under Chapter 1514. of the Revised Code may seek review of a commission decision in the court of common pleas in the county where the operation addressed by the decision of the commission is located or in the Franklin county court of common pleas.
Ohio Administrative Code › Title 1525 - Water and Sewer Commission › Chapter 1525-1 - General Provisions › Section 1525-1-02 - Regulations prescribing the criteria to determine the occurrence of a change in the use of property as referred to in division (C) of section 6103.052 ofthe Revised Code and division (C) of section 6117.062 of the Revised Code

Current through all regulations passed and filed through July 1, 2024
Ohio Administrative Code › Title 1525 - Water and Sewer Commission › Chapter 1525-1 - General Provisions › Section 1525-1-03 - Regulations prescribing standards for the use of county commissioners in determining the disposition of requests for deferment of collection of assessment pursuant to division (B) of section 6103.052 of the Revised Code and division (B) of section 6117.062 of the Revised Code

Current through all regulations passed and filed through July 1, 2024
Ohio Administrative Code › Title 1525 - Water and Sewer Commission › Chapter 1525-1 - General Provisions › Section 1525-1-05 - Form of application for advances from the water and sewer rotary fund where assessments are exempted from collection pursuant to division (A) of section 929.03 of the Revised Code and the time and manner of submitting such application

Current through all regulations passed and filed through July 1, 2024
Ohio Administrative Code › Title 1551:3 - Solar, Wind, & Hydrothermal Energy Systems › Chapter 1551:3-1 - Solar, Wind, and Hydrothermal Energy Systems › Section 1551:3-1-01 - Solar energy systems

Current through all regulations passed and filed through July 1, 2024
Solar energy systems include active solar systems as defined in
				rule 1551:3-1-02 of  the Administrative Code, photovoltaic energy conversion systems as defined in rule 1551:3-1-03 of  the Administrative Code, and passive solar systems as defined in rule 1551:3-1-04 of  the Administrative Code.
Ohio Administrative Code › Title 1551:3 - Solar, Wind, & Hydrothermal Energy Systems › Chapter 1551:3-1 - Solar, Wind, and Hydrothermal Energy Systems › Section 1551:3-1-02 - Active solar systems

Current through all regulations passed and filed through July 1, 2024
An active solar system is a system which consists of components
				which are not an integral part of the structure. An active solar system uses a
				convective system to transport the thermal energy derived from the sun to
				storage and/or to the conditioned space. Active solar system includes, but is
				not limited to, any of the following:
(A) Forced air system - a solar space
			 conditioning system that utilizes mechanical equipment such as pumps or
			 blowers, to transfer solar heat from collectors to living space or to storage
			 and living space;
(B) Forced
			 circulation water system - a solar water heating system that utilizes
			 mechanical equipment, such as pumps, to transfer solar-heated water from the
			 collector to storage for domestic water heating and, for space heating, to the
			 space requiring additional heat;
(C) Thermosiphon system - a solar heating
			 system that uses natural convection to transport heat from the collector to
			 storage by appropriately locating the storage in relation to the collector;
(D) Integral collector/storage
			 ("breadbox") system - an integrated solar water heating system that combines
			 the collection and storage of solar energy in water tanks. A typical "breadbox"
			 system consists of an insulated box containing water tanks painted black with
			 solar glazing and insulating lids;
(E) Radiant sky cooling system utilizing
			 collectors - a space conditioning system that circulates fluid through the
			 collectors during those hours which have the appropriate conditions for cooling
			 (usually night and early morning). The thermal energy is stored and later
			 transferred to the building interior during the cooling period;
(F) Regenerative rockbed cooling system - a
			 space conditioning system that circulates air through rock storage during those
			 hours which have the appropriate conditions for cooling (usually night and
			 early morning). Cool air is transferred to the building interior as required;
(G) Solar-assisted absorption
			 cooling system - an air conditioning system that utilizes solar heat rather
			 than conventional forms of energy as its primary power source for driving the
			 refrigeration cycle;
(H)
			 Solar-assisted adsorption cooling system - an air conditioning system that
			 utilizes solar heat to dry a desicant bed used to dehumidify air cooled by
			 evaporation;
(I) Solar-assisted
			 heat pump system - a heat pump system that uses solar-heated fluid to increase
			 the coefficient of performance (COP).
Ohio Administrative Code › Title 1551:3 - Solar, Wind, & Hydrothermal Energy Systems › Chapter 1551:3-1 - Solar, Wind, and Hydrothermal Energy Systems › Section 1551:3-1-03 - Photovoltaic energy conversion systems

Current through all regulations passed and filed through July 1, 2024
A "photovoltaic energy conversion system" is a system which
				converts solar energy directly to electrical energy. A photovoltaic system
				requires electrical transmission and storage devices. The components of a
				photovoltaic system include:
(A) The
			 photovoltaic cell, and any device(s) required to mount the cell;
(B) Electrical conduits from the photovoltaic
			 cells to the point of use or storage; and/or
(C) Storage batteries.
Ohio Administrative Code › Title 1551:3 - Solar, Wind, & Hydrothermal Energy Systems › Chapter 1551:3-1 - Solar, Wind, and Hydrothermal Energy Systems › Section 1551:3-1-04 - Passive solar systems

Current through all regulations passed and filed through July 1, 2024
A passive solar system consists of south facing glazing, a
				storage mass, and a method of isolating the storage mass from the climatic
				conditions. A passive solar system utilizes the materials which form the
				enclosure to collect, store, and distribute the solar energy.
(A) Passive solar system includes the
			 following:
(1) Direct passive solar system,
			 when:
(a) The glazing faces within thirty
			 degrees due south (except when the glazing is slanted, then the angle deviation
			 from due south may be such that the equivalent solar radiation between nine
			 a.m. and three p.m. (solar time) is at least equal to or greater than vertical
			 glazing facing thirty degrees from due south),
(b) Sufficient storage mass exists to receive
			 and store fifty per cent of the solar energy transmitted by the glazed surface,
			 and
(c) Movable insulation of at
			 least R-5 is available to shield the entire glazed area.
Ohio Administrative Code › Title 1551:3 - Solar, Wind, & Hydrothermal Energy Systems › Chapter 1551:3-1 - Solar, Wind, and Hydrothermal Energy Systems › Section 1551:3-1-05 - Wind energy systems

Current through all regulations passed and filed through July 1, 2024
A "wind energy system" is any non-mobile system which extracts
				energy from the movement of air caused by the uneven heating of the earth from
				the sun. The components of a wind energy system include:
(A) Any device which collects the energy from
			 the wind such as blades, rotors, hubs, bearings, or axles;
(B) The mechanism which transmits the
			 collected energy to the location of use or storage such as a gearbox, shaft, or
			 bearings;
(C) The mechanism which
			 transforms the energy to electrical or thermal energy such as a generator or
			 pony brake;
(D) Any device used to
			 store the energy if the storage is needed to delay the use of the energy to a
			 later time;
(E) The tower or other
			 supporting structure, if the purpose of the structure is solely to support and
			 house the equipment listed in paragraphs (A), (B), (C), and (D) of this rule.
			 (If an existing structure is used to mount the wind machine, then only the
			 modifications, materials, and labor necessary for the installation of the wind
			 machine apply.)
Ohio Administrative Code › Title 1551:3 - Solar, Wind, & Hydrothermal Energy Systems › Chapter 1551:3-1 - Solar, Wind, and Hydrothermal Energy Systems › Section 1551:3-1-06 - Hydrothermal energy systems

Current through all regulations passed and filed through July 1, 2024
A hydrothermal energy system consists of any system which uses
				a thermal exchange with the earth: ground water, surface water, heat pipes or
				tubes. Hydrothermal energy system includes the following:
(A) Ground water to air heat pump - a heat
			 pump which uses ground or surface water as the source when space heating and
			 the sink when space cooling;
(B)
			 Ground water to air heat exchange - a heat exchanger which has one side exposed
			 to ground water and the other side to air for space cooling;
(C) Closed system - a heat pump which uses a
			 stored water unit as the source and the sink. The storage unit must be in
			 contact with the earth and below the frost line. The storage unit must be of
			 sufficient size that it will not freeze solid during a heating season.
Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-2 - Personal Information Systems › Section 3301-2-15 - Procedures for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
For personal information systems, whether manual or computer
				systems, that contain confidential personal information, the department
				will do
				the following:
(A) Criteria for
			 accessing confidential personal information. Personal information systems of
			 the department are managed on a "need-to-know" basis whereby the information
			 owner determines the level of access necessary for
			 an employee of the department to fulfill his/her job duties. The determination
			 of access to confidential personal information will be approved
			 by the employee's supervisor and the information owner prior to providing the
			 employee with access to confidential personal information within a personal
			 information system. The department will establish
			 procedures for determining a revision to an employee's access to confidential
			 personal information upon a change to that employee's job duties including, but
			 not limited to, transfer or termination. Whenever an employee's job duties no
			 longer necessitate access to confidential personal
			 information in a personal information system, the employee's access to
			 confidential personal information will be removed.
(B) Individual request for a list of
			 confidential personal information. Upon the signed written request of any
			 individual for a list of confidential personal information about the individual
			 maintained by the department, the department will do all of
			 the following:
(1) Verify the identity of the
			 individual by a method that provides safeguards commensurate with the risk
			 associated with the confidential personal information;
(2) Provide to the individual the list of
			 confidential personal information that does not relate to an investigation
			 about the individual or is otherwise not excluded from the scope of Chapter
			 1347. of the Revised Code; and