Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-14 - Enforcement › Section 1501:13-14-04 - Petition for fees

Current through all regulations passed and filed through July 1, 2024
(A) Award of costs and expenses.
(1) Any person may file a petition for award
			 of costs and expenses including attorneys' fees reasonably incurred as a result
			 of that person's participation in any administrative proceeding under Chapter
			 1513. of the Revised Code which results in a final order being issued by the
			 chief.
(2) The petition for an
			 award of costs and expenses including attorneys' fees must be filed with the
			 chief within forty-five days of receipt of such order. Failure to make a timely
			 filing of the petition may constitute a waiver of the right to such an award.
(3) Contents of petition.
(a) A petition filed under paragraph (A)(1)
			 of this rule 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:
(i) An affidavit setting forth in detail all
			 costs and expenses including attorneys' fees reasonably incurred for, or in
			 connection with, the person's participation in the proceeding;
(ii) Receipts or other evidence of such costs
			 and expenses; and
(iii) Where
			 attorneys' fees are claimed, evidence concerning the hours expended on the
			 case, the customary commercial rate of payment for such services in the area,
			 and the experience, reputation and ability of the individual or individuals
			 performing the services.
(4) Any person served with a copy of the
			 petition shall have thirty days from service of the petition within which to
			 file an answer to such petition.
(5) Appropriate costs and expenses including
			 attorneys' fees may be awarded:
(a) To any
			 person from the permittee, if:
(i) The person
			 initiates any administrative proceedings reviewing enforcement actions, upon a
			 finding that a violation of Chapter 1513. of the Revised Code, Chapters
			 1501:13-1 to 1501:13-14 of the Administrative Code or the permit has occurred,
			 or that an imminent hazard existed, or to any person who participates in an
			 enforcement proceeding where such a finding is made if the chief determines
			 that the person made a substantial contribution to the full and fair
			 determination of the issues; or
(ii) The person initiates an application for
			 review of alleged discriminatory acts, pursuant to section
			 1513.39 of the Revised Code,
			 upon a finding of discriminatory discharge or other acts of discrimination;
(b) To any person other
			 than a permittee or his or her representative from the state of Ohio, if the
			 person initiates or participates in any proceeding under Chapter 1513. of the
			 Revised Code upon a finding that the person made a substantial contribution to
			 a full and fair determination of the issues;
(c) To a permittee from the state of Ohio
			 when the permittee demonstrates that the chief or his or her authorized
			 representative issued an order of cessation, a notice of violation or an order
			 to show cause why a permit should not be suspended or revoked, in bad faith and
			 for the purpose of harassing or embarrassing the permittee;
(d) To a permittee from any person where the
			 permittee demonstrates that the person initiated a proceeding under Chapter
			 1513. of the Revised Code or participated in such a proceeding in bad faith for
			 the purpose of harassing or embarrassing the permittee; or
(e) To the division of mineral resources
			 management where it demonstrates that any person applied for review pursuant to
			 Chapter 1513. of the Revised Code or that any party participated in such a
			 proceeding in bad faith and for the purpose of harassing or embarrassing the
			 division of mineral resources management.
(6) 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
			 initiation and/or participation in a proceeding under Chapter 1513. of the
			 Revised Code; and
(b) All costs
			 and expenses, including attorneys' fees and expert witness fees, reasonably
			 incurred in seeking the award of costs.