reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-7 - Hearings › Section 3746-7-09 - Evidence

Current through all regulations passed and filed through July 1, 2024
(A)
								A party may object to the admission of any evidence,
			 and the commission shall rule on the objection. If the commission refuses to
			 admit evidence, the party offering the same may make a proffer thereof, and
			 such proffer shall be made a part of the record of the hearing.
(B)
								Parties shall
			 have the right to present evidence, cross-examination, objection, motion, and
			 argument. The commission may limit the number of witnesses upon any issue and
			 may require any party to present additional evidence on any issue. All
			 witnesses shall be sworn or shall affirm the truthfulness of their
			 testimony.
(C)
								Written testimony (on numbered lines in either
			 narrative or question-and-answer form) of any witness may be admitted into
			 evidence, provided the witness is present and sworn or affirmed. A copy of the
			 testimony shall be served upon and received by all other parties at least three
			 days prior to the hearing.
(D)
								Copies of any
			 exhibit to be offered into evidence shall be provided to each commission member
			 and all parties at the time it is identified as an exhibit, unless otherwise
			 ordered by the commission.
(E)
								If any person
			 objects to the admission or rejection of any evidence or to other limitations
			 of the scope of any examination or cross-examination, the party shall state
			 briefly the grounds for such objection on the record. A ruling by the
			 commission on any such objection shall also be a part of the record.
Replaces: 3746-5-23
Effective: 1/1/2018
Five Year Review
				(FYR) Dates: 04/21/2022
Promulgated Under: 111.15
Statutory Authority:
				3745.03
Rule Amplifies: 3745.03, 3745.05, 3745.04
Prior
				Effective Dates: 10/23/73, 3/9/99, 5/27/04, 6/21/09,
				5/30/14
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-7 - Hearings › Section 3746-7-10 - Record to be made

Current through all regulations passed and filed through July 1, 2024
(A)
								A record of the testimony and other evidence submitted
			 shall be taken by an official court reporter or by any other means approved by
			 the commission. The record shall include all of the testimony, other evidence,
			 and rulings regarding the admissibility thereof, presented at the
			 hearing.
(B)
								Parties desiring copies of any transcript of a hearing
			 may obtain such copies from the official reporter upon payment of the costs of
			 the copies. Parties shall also have the opportunity to review a copy of the
			 transcript on file with the commission. Any objections to the accuracy of the
			 work of the reporter shall be filed with the commission. The commission, if
			 convinced of the validity of the objections, shall order the work of the
			 reporter be corrected.
Replaces: 3746-5-29
Effective: 1/1/2018
Five Year Review
				(FYR) Dates: 04/21/2022
Promulgated Under: 111.15
Statutory Authority:
				3745.03
Rule Amplifies: 3745.03, 3745.05, 3745.04
Prior
				Effective Dates: 1/2/73, 3/9/99, 5/27/04, 6/21/09,
				5/30/14
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-7 - Hearings › Section 3746-7-11 - Stipulations before the commission

Current through all regulations passed and filed through July 1, 2024
(A)
								A stipulation
			 before the commission must have the concurrence of all parties to the
			 appeal.
(B)
								Stipulations shall be made in writing or, in the
			 discretion of the commission, may be made orally at a hearing.
(C)
								A stipulation is
			 binding upon the parties and upon the commission and may serve as a basis of
			 any final order of the commission.
(D)
								The commission
			 cannot alter any part of a stipulation. The commission may, in an order, state
			 its understanding of the meaning and content of the stipulation, which shall be
			 binding upon all parties and the commission if no objection is made within five
			 days of the receipt of said order or as otherwise directed by the
			 commission.
(E)
								The commission may refuse to accept a stipulation or
			 may request that the parties clarify or explain their stipulations.
Replaces: 3746-7-08
Effective: 1/1/2018
Five Year Review
				(FYR) Dates: 04/21/2022
Promulgated Under: 111.15
Statutory Authority:
				3745.03
Rule Amplifies: 3745.03, 3745.05, 3745.04
Prior
				Effective Dates: 10/23/73, 4/28/00, 7/29/05,
				7/26/10
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-7 - Hearings › Section 3746-7-12 - Oral argument procedure

Current through all regulations passed and filed through July 1, 2024
(A)
								The commission
			 may, on its own motion or on a motion of any party, order oral
			 argument.
(B)
								All the parties shall be advised of the time and place
			 at which oral argument will be heard.
(C)
								Unless otherwise
			 ordered, each side will be allowed fifteen minutes for argument. A party is not
			 required to use all of the time allowed, and the commission may terminate the
			 argument whenever, in its judgment, further argument is
			 unnecessary.
(D)
								Any party relying on authority not already provided
			 shall provide the commission and all parties with copies of any such authority
			 in advance of the oral argument.
(E)
								Pamphlets,
			 charts, maps, exhibits, and other material may be presented to the commission
			 at oral argument. All such material shall be limited to the issues being
			 argued.
Replaces: 3746-7-09
Effective: 1/1/2018
Five Year Review
				(FYR) Dates: 04/21/2022
Promulgated Under: 111.15
Statutory Authority:
				3745.03
Rule Amplifies: 3745.03, 3745.05, 3745.04
Prior
				Effective Dates: 8/27/73, 4/28/00, 7/29/05,
				7/26/10
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-7 - Hearings › Section 3746-7-13 - Participation by amicus curiae

Current through all regulations passed and filed through July 1, 2024
(A)
								The commission
			 may allow the filing of briefs, and in extraordinary circumstances, permit oral
			 argument at hearing by an amicus curiae.
(B)
								A person wishing
			 to participate in an appeal as an amicus curiae shall move the commission for
			 permission to participate. Such a motion shall identify the interest of the
			 person filing, shall state the reasons why his participation as an amicus
			 curiae is desirable, and indicate whether he wishes to file a brief, present
			 oral argument, or both.
(1)
									The motion shall be served upon the parties and filed
			 with the commission.
(2)
									A party may file an objection to the granting of such
			 motion in accordance with rule
			 3746-5-26 of the
			 Administrative Code. The party shall set forth in detail his reasons for
			 objecting to participation by an amicus curiae.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-9 - Appeal from an Adjudication Hearing › Section 3746-9-01 - Requisites of appeals from adjudication hearings

Current through all regulations passed and filed through July 1, 2024
(A) If an adjudication hearing was conducted
			 by the director or other statutory agency, in accordance with sections
			 119.09 and
			 119.10 of the Revised Code, the
			 commission is confined to the record as certified to it pursuant to rule
			 3746-5-12
			 of the Administrative Code, except as provided in rule
			 3746-9-02
			 of the Administrative Code.
(B)
			 When the appeal is from an adjudication hearing the commission shall hold a
			 hearing as required by sections
			 3745.04 and
			 3745.05 of the Revised Code.
(C) The hearing shall be held by
			 the commission in the form of oral arguments upon the issues raised in the
			 notice of appeal, and any cross-appeal.
(D) In issuing the order granting a hearing
			 on an appeal from an adjudication hearing, the commission shall state the date,
			 time, and place of the hearing. The commission
			 may also allocate the amount of time allowed to each party for argument. A
			 record of the hearing shall be taken.
(E) Upon agreement of the parties, a hearing
			 may be waived and the matter submitted to the commission for decision based on
			 briefs, stipulations, affidavits, or such other evidence as the parties may
			 jointly submit or the commission may order.
Five Year Review (FYR) Dates:
				05/24/2016 and
				05/24/2021
Promulgated
				Under: 111.15
Statutory
				Authority: 3745.03
Rule
				Amplifies: 3745.03,
				3745.04,
				3745.05,
				3745.06
Prior
				Effective Dates: 10/23/73, 5/24/01, 8/17/06,
				8/15/2011
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-9 - Appeal from an Adjudication Hearing › Section 3746-9-02 - Admission of newly discovered evidence

Current through all regulations passed and filed through July 1, 2024
(A) The commission may grant a motion for the
			 admission of additional evidence when satisfied that such additional evidence
			 is newly discovered and could not with reasonable diligence have been
			 ascertained prior to the adjudication hearing before the director or other
			 statutory agency.
(B) If the
			 commission, in its discretion, grants a party's motion for the admission of
			 newly discovered evidence, the commission shall state in
			 its
			 order granting such motion the method by which the newly discovered evidence is
			 to be transmitted to the commission.
(C) All additional evidence shall be
			 presented to the commission in accordance with the rules contained in Chapter
			 3746-7 of the Administrative Code.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-9 - Appeal from an Adjudication Hearing › Section 3746-9-03 - Commission may require production of witnesses and documents

Current through all regulations passed and filed through July 1, 2024
Where the commission has granted a motion for the admission of
				additional evidence, the commission may exercise its power under Chapter 3746-7
				of the Administrative  Code to require the production of
				witnesses and documents. Unless otherwise specified in the order, the
				procedures stated in Chapter 3746-7 of the Administrative
				Code shall govern the production of witnesses and documents in an appeal from
				an adjudication hearing.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-11 - Decisions by the Commission › Section 3746-11-01 - Decisional standard

Current through all regulations passed and filed through July 1, 2024
Upon completion of a hearing or review, if the commission finds
				that the action appealed from was lawful and reasonable, it shall make a
				written order affirming the action. If the commission finds that the action was
				unreasonable or unlawful, it shall make a written order vacating or modifying
				the action under appeal.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-11 - Decisions by the Commission › Section 3746-11-02 - Action of commission

Current through all regulations passed and filed through July 1, 2024
(A)
			 All rulings and orders of the commission shall be signed by at least two
			 members of the commission.
(B) The
			 original of all rulings and orders of the commission shall be maintained in the
			 case file.
(C) Copies of the
			 commission's rulings and orders shall be sent to the
			 parties by electronic mail, if an address has
			 been provided, by regular mail  or, if a party is represented by counsel, to their counsel.
			 Regular mail shall mean service via the United States postal service and/or
			 interoffice mail available to departments and agencies of the state of
			 Ohio.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-11 - Decisions by the Commission › Section 3746-11-03 - Written orders

Current through all regulations passed and filed through July 1, 2024
(A)
			 Every final order made by the commission shall contain written findings of the
			 facts upon which the order is based.
(B) A certified copy of every final order
			 shall be sent by certified mail to each party to the appeal. The final order
			 shall include a statement of the time and method by which an appeal of the
			 final order may be taken.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-11 - Decisions by the Commission › Section 3746-11-04 - Expedited decisions

Current through all regulations passed and filed through July 1, 2024
Upon motion by any party and for good cause shown, the
				commission may expedite the final written order required to be issued in a
				matter pursuant to rule
				3746-11-01 of the Administrative
				Code.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-11 - Decisions by the Commission › Section 3746-11-05 - Settlement agreements and dismissals

Current through all regulations passed and filed through July 1, 2024
(A)
			 A settlement agreement may be entered into at any stage of the proceedings
			 prior to the issuance of a final order by the commission.
(B) When any proceeding is dismissed prior to
			 adjudication, the journal shall be marked accordingly. All dismissals shall be
			 with prejudice.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-11 - Decisions by the Commission › Section 3746-11-06 - Final order to vacate and return

Current through all regulations passed and filed through July 1, 2024
(A)
			 If the commission issues a final order to vacate and return any matter to the
			 director or statutory agency for further action, such order may specify the
			 time period within which the director or statutory agency shall act upon the
			 order.
(B) Within seven days after
			 the issuance of the final order provided for in paragraph (A) of this rule the
			 director or statutory agency may move the commission for an extension of the
			 time period specified in the final order. Such motions may be granted upon a
			 demonstration of compelling reasons.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-11 - Decisions by the Commission › Section 3746-11-07 - Actions by the director or statutory agency after final order to vacate and return

Current through all regulations passed and filed through July 1, 2024
After a final order issued pursuant to rule
				3746-11-06 of the Administrative
				Code, the director or statutory agency shall furnish the commission with the
				following:
(A) The date on which the
			 ordered action is to be taken; and
(B) The date on which hearings, if any, will
			 be held.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-13 - Appeal to the Courts › Section 3746-13-01 - Procedure

Current through all regulations passed and filed through July 1, 2024
(A)
			 Any party adversely affected by an order of the commission may appeal to the
			 court of appeals of Franklin county or, if the appeal arises from an alleged
			 violation of a law or regulation, to the court of appeals of the district in
			 which the violation was alleged to have occurred. The party so appealing shall
			 file with the commission a notice of appeal designating the order from which an
			 appeal is being taken. A copy of such notice shall also be filed by the
			 appellant with the court, and a copy shall be sent by certified mail to all
			 other parties to the appeal. Such notices shall be filed and mailed within
			 thirty days after the date upon which appellant received notice from the
			 commission of the issuance of the order. No appeal bond shall be required to
			 make an appeal effective.
(B)
			 Filing a notice of appeal shall not operate as a suspension of the order of the
			 commission.
(C) Within twenty days
			 after receipt of the notice of appeal, the commission shall prepare and file in
			 the court the complete record of proceedings out of which the appeal arises,
			 including any transcript of testimony and other evidence submitted to the
			 commission. The expense of preparing and transcribing the record shall be taxed
			 as a part of the costs of the appeal.
(D) Any matter remanded to the commission by
			 the court shall be disposed of in accordance with the order of the
			 court.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-15 - Public Meetings › Section 3746-15-01 - Notice of public meetings

Current through all regulations passed and filed through July 1, 2024
(A)
			 The commission shall have weekly regularly scheduled public meetings. Any
			 person may ascertain the time and place of all regularly scheduled public
			 meetings, conferences, oral arguments, de novo hearings, and the time, place,
			 and purpose of all special meetings of the commission by:
(1) Consulting the commission's web site at
www.erac.ohio.gov
;
(2) Contacting the commission via telephone,
			 (614) 466-8950, during normal business hours; or
(3) Consulting the notice in the "Ohio EPA
			 Weekly Review."
Ohio Administrative Code › Title 3747 - Ohio Low-Level Radioactive Waste Facility Development Authority › Chapter 3747-1 - Meetings and Rules › Section 3747-1-10 - Procedure for the adoption, amendment or rescission of rules

Current through all regulations passed and filed through July 1, 2024
(A) A majority of the board of directors of the Ohio low-level radioactive waste facility development authority shall concur to adopt, amend or rescind a rule, unless a greater majority is specifically required by law. Any opposition by a member of the board to a proposed rule, amendment or rescission may be noted in the resolution adopting such rule, amendment or rescission.
(B) The board shall conduct a public hearing on the proposed adoption, amendment or rescission of board rules. Notice of the hearing shall be published, at least thirty but not more than fifty days prior to the date of the hearing, in at least five newspapers of general circulation in the state of Ohio. The notice shall include at least the following:
(1) A statement of the board's intention to consider adopting, amending or rescinding a rule;
(2) A synopsis of the proposed rule, amendment or rescission, or a general statement of the subject matter to which the proposed rule, amendment or rescission relates;
(3) A statement of the reason or purpose for adopting, amending or rescinding the rule;
(4) The date, time and place of the public hearing on the proposed action;
(5) An address and/or telephone number whereby copies of the proposed rule, amendment or rescission may be obtained.
Ohio Administrative Code › Title 3747 - Ohio Low-Level Radioactive Waste Facility Development Authority › Chapter 3747-1 - Meetings and Rules › Section 3747-1-15 - Board meetings; notice of meetings

Current through all regulations passed and filed through July 1, 2024
(A) All meetings of the board of directors of the Ohio low-level radioactive waste facility development authority and the board's committees are open to the public, unless the board or committee meets in executive session, as provided by law.
(B) The board shall meet at least quarterly, and at the call of the chair or a majority of board members.
(C) Until members are appointed pursuant to division (C) of section    3747.05    of the Revised Code, a quorum of the board shall consist of seven members. After the appointment of members pursuant to division (C) of section    3747.05    of the Revised Code, a quorum shall consist of eight members. A simple majority vote of all members of the board is necessary to take action on any matter, except that a three-fifths majority vote of all members is necessary to take action on any of the matters specified in divisions (E)(1) to (E)(10) of section    3747.05    of the Revised Code. A member must be present in person at a board meeting to be considered present to vote at the meeting and for purposes of determining whether a quorum is present.
(D) Any person may obtain notice of the time and place of any regularly scheduled meeting, and the time, place and purpose of any special meeting by:
(1) Writing to the executive director of the Ohio low-level radioactive waste facility development authority at the authority's principal place of business; or
(2) Calling the executive director during normal business hours.
Ohio Administrative Code › Title 3747 - Ohio Low-Level Radioactive Waste Facility Development Authority › Chapter 3747-2 - Criteria for Selection of Contractors › Section 3747-2-10 - Criteria for selection of contractors

Current through all regulations passed and filed through July 1, 2024
(A) The board of directors of the Ohio low-level radioactive waste facility development authority shall evaluate proposals from private entities in an objective and systematic manner and shall base its selection upon a set of relevant characteristics, including:
(1) Responsiveness to all elements in the request for proposals;
(2) Demonstrated ability to perform the required tasks in a technically sound manner, and utilizing an appropriate quality assurance/quality control program;
(3) A commitment to dedicate qualified and experienced personnel through completion of the project;
(4) Experience in communicating with government officials and the general public on complex technical matters and sensitive environmental issues;
(5) The ability to devote sufficient financial resources to the accomplishment of the required tasks;
(6) The ability to perform the required tasks in a cost effective manner.
Ohio Administrative Code › Title 3747 - Ohio Low-Level Radioactive Waste Facility Development Authority › Chapter 3747-3 - Background Investigation Requirements for Development, Construction and Operation of Disposal Facility › Section 3747-3-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in Chapter 3747-3 of the Administrative Code:
(A) "Applicant" means any person seeking to be a contractor for development, as defined in section   3747.01   of the Revised Code, and operation of a low-level radioactive waste disposal facility.
(B) "Attorney general" means the attorney general or his authorized representative.
(C) "Business concern" means any corporation, association, firm, partnership, trust, sole proprietorship, or other form of commercial organization.
(D) "Calendar year" means January first through December thirty-first of a given year.
(E) "Debt liability" means bonds, debentures, notes, mortgages and loans of any kind, secured or unsecured, and other similar debt instruments.
(F) "Disclosure statement" means a statement submitted to the attorney general by an applicant which contains that information required in rule 3747-3-02 of  the Administrative Code.
(G) "Employed in a supervisory capacity" refers to any individual, including a foreman, having been delegated authority which:
(1) Is delegated in the interest of the employer;
(2) Involves the exercise of that individual's independent judgment;
(3) Is not merely authority to perform a routine or clerical task; and
(4) Is authority to perform or effectively to recommend any one or more of the following actions: hiring, firing, transferring, suspending, laying off, recalling, promoting, discharging, assigning, rewarding, disciplining, directing, or adjusting grievances of, employees whose duties or responsibilities involve, in whole or part, the management of (including but not limited to the evaluation of, identification of, labeling of, and monitoring of the effects of), handling of, disposal of, transportation of, storage of, or treatment of low-level radioactive waste.
Ohio Administrative Code › Title 3747 - Ohio Low-Level Radioactive Waste Facility Development Authority › Chapter 3747-3 - Background Investigation Requirements for Development, Construction and Operation of Disposal Facility › Section 3747-3-02 - Disclosure statements

Current through all regulations passed and filed through July 1, 2024
(A) Who must file. Timing of filing.
(1) Every applicant shall file with the attorney general a disclosure statement in accordance with this rule.
Ohio Administrative Code › Title 3747 - Ohio Low-Level Radioactive Waste Facility Development Authority › Chapter 3747-3 - Background Investigation Requirements for Development, Construction and Operation of Disposal Facility › Section 3747-3-03 - Fingerprinting

Current through all regulations passed and filed through July 1, 2024
(A) The following individuals shall be fingerprinted as provided in paragraphs (B) to (E) of this rule:
(1) Those individuals required to be listed in the disclosure statement pursuant to paragraph (B)(2)(a) of rule 3747-3-02 of  the Administrative Code; and
(2) Those individuals required to be listed in the disclosure statement, pursuant to paragraphs (B)(2)(c), (B)(2)(e), or (B)(3) to (B)(3)(c) of rule 3747-3-02 of  the Administrative Code, who choose not to submit their social security numbers.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-1 - Emergency Response Commission › Section 3750-1-02 - Purpose

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see
				
								paragraph (YY)
				of rule
				3750-1-01
				of the Administrative Code titled "Referenced materials." ]
The purpose of 
								Chapters 3750-1 to 3750-85 of the Administrative
				Code is to establish the commission and the committees and emergency
				districts to implement, administer and enforce, in conjunction with the USEPA,
				Ohio EPA and local fire departments, the federal "Emergency Planning and Community Right-To-Know Act of
				1986" in this state.
Five Year Review (FYR) Dates:
				08/01/2017 and
				08/01/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 3750.02(B)(1)(j)
Rule Amplifies:
				3750.02
Prior
				Effective Dates: 6/30/90, 6/18/07,
				10/29/11
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-10 - Commission Management Rules › Section 3750-10-01 - Establishment of state emergency response commission, executive committee and committees

Current through all regulations passed and filed through July 1, 2024
(A) The commission will be created pursuant
			 to section
			 3750.02
			 of the Revised Code. The commission shall consist of members as required
			 pursuant to division (A) of section
			 3750.02
			 of the Revised Code. The director of the environmental protection agency and
			 the director of public safety or 
								the director's designees shall serve as
			 cochairpersons of the commission.
(1) The
			 initial appointments made by the governor to the commission shall provide five
			 members with a term of two years and five members with a term of one year;
			 thereafter terms of office of the appointed members of the commission shall
			 each be for two years with each term ending on the same day of the same month
			 as did the preceding term
			 . Each member shall hold
			 office from the date of  appointment
			 until the end of the appointed term
			 . A member
			 shall continue in office subsequent to the expiration date of
			 the term
			 until a successor takes office or until a period of sixty days has elapsed,
			 whichever occurs first. Members of the commission may be reappointed.
(2) Vacancies shall be filled in the same
			 manner provided for original appointments. Any member appointed to fill a
			 vacancy occurring prior to the expiration of the terms for which
			 
									the
			 predecessor was appointed shall hold office for the remainder of that
			 term.
(3) The commission may at any
			 time by a vote of two-thirds of all the members remove any appointed member of
			 the commission for misfeasance, nonfeasance or malfeasance.
(4) Except for purposes of Chapters 102. and
			 2921. and sections
			 9.86
			 and
			 109.36
			 to
			 109.366 of
			 the Revised Code, serving as appointed members of the commission does not
			 constitute holding a public office or position of employment under the laws of
			 this state and does not constitute grounds for removal of public officers or
			 employees from 
									the offices or positions of employment.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-10 - Commission Management Rules › Section 3750-10-03 - General management rules

Current through all regulations passed and filed through July 1, 2024
(A) The commission shall meet at least
			 annually. Except as provided in section
			 121.22 of the Revised Code, or
			 otherwise in the Revised Code, all meetings of the commission or any of its
			 committees shall be open to the public. Meetings of the executive committee,
			 when determining whether to issue an enforcement order or to request a civil
			 action, civil penalty action or criminal action to enforce Chapter 3750. of the
			 Revised Code, or an issue that meets a condition of paragraph (B) of this rule
			 shall ordinarily be held in private unless there is a majority vote of the full
			 membership of the commission or a majority vote of the executive committee in
			 favor of a public meeting.
(B) The
			 membership of the commission may hold an executive session only at a regular or
			 special meeting of the commission for the sole purpose of considering matters
			 enumerated in division (G) of section
			 121.22 of the Revised Code. If
			 the executive committee is to determine matters enumerated under division (G)
			 of section 121.22 of the Revised Code, the
			 motion and vote to hold the session shall set forth which one or more of the
			 approved matters listed in that division which are to be considered. Prior to
			 holding an executive session at a regular or special meeting, the presiding
			 co-chairperson of the commission shall state the commission is going to meet in
			 executive session and state generally the purpose of the meeting and the
			 purpose for holding an executive session as delineated in division (G) of
			 section 121.22 of the Revised Code. The
			 commission may hear the following matters in executive session:
(1) The appointment, employment, dismissal,
			 discipline, promotion, demotion, or compensation of public employee or
			 official, or the investigation of charges or complaints against a public
			 employee, official, licensee, or regulated individual pursuant to division
			 (G)(1) of section 121.22 of the Revised Code,
			 unless the public employee, official licensee, or regulated individual requests
			 a public hearing;
(2) To consider
			 the purchase or sale of property as set forth in division (G)(2) of section
			 121.22 of the Revised Code;
(3) Conferences with an attorney
			 for the commission concerning disputes involving the commission that are the
			 subject of pending or imminent court action;
(4) Preparing for, conducting, or reviewing
			 negotiations or bargaining sessions with public employees concerning their
			 compensation or other terms and conditions of their employment;
(5) Matters required to be kept confidential
			 by federal law or rules or state statutes.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-10 - Commission Management Rules › Section 3750-10-07 - Executive committee: issuance of orders: persons who may request enforcement order procedure

Current through all regulations passed and filed through July 1, 2024
(A) The executive committee of the
			 commission, by majority vote of a quorum of at least four members, may issue an
			 order to any person who has violated or is violating any provision of Chapter
			 3750. of the Revised Code or the rules adopted hereunder.
(B) The order shall be in writing and shall
			 set forth the section or rule violated and a description of the violation, and
			 shall specify what action is required in order to abate the violation. An order
			 issued under this rule shall be sent by certified mail, return receipt
			 requested. Notice of the order shall be deemed effective when delivery is
			 tendered at the last known address or the address currently on file with the
			 commission, committee, or fire department for any facility owner or operator
			 subject of the order.
(C) Any
			 state agency represented on the commission, committee, fire department or any
			 other person who believes that any person has violated or is violating a
			 provision of Chapter 3750. of the Revised Code or a rule adopted hereunder may
			 request the executive committee to issue an order to such person under this
			 rule.
(1) The request shall be in writing and
			 shall be on a form prescribed by the executive committee. A person submitting a
			 request under this rule, other than the state agencies represented on the
			 commission, shall have the form notarized.
(2) Upon receipt of a request for enforcement
			 action under this rule from the state agencies represented on the commission,
			 committee, fire department or other person, the executive committee may request
			 the commission or the director of environmental protection to investigate the
			 alleged violation, and the executive committee may thereafter issue an order
			 under this rule.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-10 - Commission Management Rules › Section 3750-10-08 - Issuance of orders to facilities

Current through all regulations passed and filed through July 1, 2024
(A)
								 Request for
			 order from a local emergency planning committee.
(1)
									 Any local
			 emergency planning committee requesting the issuance of an order under division
			 (A) of section 3750.05 of the Revised Code
			 shall submit an application in writing to the emergency response commission.
			 The local emergency planning committee shall include the following in the
			 application:
(a)
										 A certified copy of the resolution which is the
			 subject of the application for the order.
(b)
										 A signed
			 statement from the local emergency planning committee stating the basis for
			 requesting the order.
(c)
										 Documents, sworn statements or other materials which
			 support and address the criteria set forth in paragraph (B) of this
			 rule.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-10 - Commission Management Rules › Section 3750-10-09 - Public testimony

Current through all regulations passed and filed through July 1, 2024
Any person who is not a member of the commission and wishes to
				appear before the commission at a regular or special meeting shall advise the
				presiding co-chairperson or designee before the meeting convenes, using a
				witness slip provided for that purpose. The witness slip shall indicate the
				person's name and address, group represented and the subject upon which the
				person desires to speak. The request may be granted, refused or otherwise acted
				upon at the discretion of the presiding co-chairperson or designee. No person
				shall speak more than once on the same subject, unless granted permission by
				the presiding co-chairperson or designee. No presentation under this rule shall
				be more than ten minutes unless permission is granted by the presiding
				co-chairperson or designee.
R.C.
				119.032 review dates:
				08/21/2014 and
				08/21/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 3750.02(B)(9)
Rule Amplifies:
				3750.02(A)
Prior Effective Dates: 6/30/90,
				9/1/98
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-15 - Procedural Rules › Section 3750-15-01 - Applicability

Current through all regulations passed and filed through July 1, 2024
Rules 3750-15-01 to
				3750-15-10 of the
				Administrative Code shall govern procedures conducted by the commission.
Five Year Review (FYR) Dates:
				03/30/2016 and
				03/30/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 3750.02(B)(1)(j)
Rule Amplifies:
				3750.02
Prior
				Effective Dates: 6/30/90
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-15 - Procedural Rules › Section 3750-15-02 - Construction of Rules

Current through all regulations passed and filed through July 1, 2024
Rules adopted by the commission shall be construed liberally to
				accomplish the purpose of Chapter 3750 of the Revised Code and rules adopted
				thereunder
Five Year Review (FYR) Dates:
				03/30/2016 and
				03/30/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 3750.02(B)(1)(j)
Rule Amplifies:
				3750.02
Prior
				Effective Dates: 6/30/90, 9/1/98
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-15 - Procedural Rules › Section 3750-15-05 - Public notice of proposed rules

Current through all regulations passed and filed through July 1, 2024
(A) The commission shall follow the
			 procedures specified in this rule and section
			 119.03 of the Revised Code in
			 giving public notice as to the adoption, amendment, or rescission of
			 rules.
(B) As used in this chapter
			 and as defined in division (C) of section
			 119.01 of the Revised Code,
			 "rule" means any rule, regulation, or standard, having a general or uniform
			 operation, adopted or promulgated, and enforced by the commission.
(C) Public notice of the intention of the
			 commission to consider adopting, amending or rescinding a rule shall be
			 published in the register of Ohio in accordance with the requirements in
			 section 119.03 of the Revised Code at
			 least thirty days prior to the date set for a public hearing to consider
			 adopting, amending, or rescinding said rule. The said
			 notice shall include the following:
(1) A general statement of the commission's
			 intention to consider adopting, amending or rescinding the rule.
(2) A synopsis or general statement of the
			 subject matter of the proposed rule
			 amendment, or rule to be rescinded by the commission.
(3) A statement of the reason or purpose for
			 adopting, amending or rescinding the rule.
(4) The date, time, and place of the public
			 hearing on the proposed rule.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-15 - Procedural Rules › Section 3750-15-10 - Severability

Current through all regulations passed and filed through July 1, 2024
Each paragraph and each part of each paragraph of these rules
				is hereby declared to be an independent paragraph or part of a paragraph and
				notwithstanding any other evidence of intent, it is hereby declared to be the
				controlling intent that if any paragraph, or any provision thereof or the
				application thereof to any person or circumstances, is held to be invalid, the
				remaining paragraphs or parts of paragraphs and the application of such
				provisions to any other persons or circumstances, other than those as to which
				it is held invalid, shall not be effective thereby and it is hereby declared to
				be the intent that the other provisions of these rules would have been adopted
				independently of such paragraph, paragraphs, or parts of a paragraph so held to
				be invalid.
Five Year Review (FYR) Dates:
				03/30/2016 and
				03/30/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 3750.02(B)(1)(j)
Rule Amplifies:
				3750.02
Prior
				Effective Dates: 6/30/90
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-20 - Emergency Planning › Section 3750-20-01 - Facilities subject to emergency planning requirements

Current through all regulations passed and filed through July 1, 2024
(A) A facility that
			 meets either of the following criteria is subject to emergency planning
			 requirements of section
			 3750.05 of the Revised Code:
(1) Which has an extremely hazardous
			 substance present in an amount equal to or exceeding the threshold planning
			 quantity as established under rule
			 3750-20-10
			 of the Administrative Code.
For purpose of this rule, an amount of any extremely hazardous
				substance means the total amount of an extremely hazardous substance present at
				the facility at any one time in concentrations greater than one per cent by
				weight, regardless of location, number of containers, or method of storage.
(2) Which has been
			 designated as an additional facility pursuant to section
			 3750.05 of the Revised Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-20 - Emergency Planning › Section 3750-20-05 - Emergency planning requirements of subject facilities

Current through all regulations passed and filed through July 1, 2024
(A) The owner or
			 operator of a facility subject to rule
			 3750-20-01
			 of the Administrative Code shall designate a facility representative who will
			 participate in the local emergency planning process as a facility emergency
			 coordinator. The owner or operator shall notify the committee of the facility
			 representative within thirty days after establishment of the committee or
			 within sixty days of the facility first being subject to regulation under rule
			 3750-20-01
			 of the Administrative Code, whichever is later.
(B) The owner or operator of a facility
			 subject to this rule shall inform the committee of any changes occurring at the
			 facility which may be relevant to emergency planning.
(C) Upon request of the committee having
			 jurisdiction over the facility, the owner or operator of a facility subject to
			 this rule shall promptly provide to the committee any information necessary for
			 development or implementation of the chemical emergency response and
			 prepardness plan for the district.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-20 - Emergency Planning › Section 3750-20-10 - Calculation of quantities for comparison with threshold planning quantities for solids and mixtures

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory
				government publications, publications of recognized organizations and
				associations, federal rules, and federal statutory provisions referenced in
				this rule, see paragraph (YY) of this rule titled "Referenced
				materials."]
(A) If a container
			 or storage vessel holds a mixture or solution of an extremely hazardous
			 substance, then the concentration of extremely hazardous substance, in weight
			 per cent (greater than one per cent), shall be multiplied by the mass (in
			 pounds) in the vessel to determine the actual quantity of extremely hazardous
			 substance therein.
(B) Extremely
			 hazardous substances that are solids are subject to either of two threshold
			 planning quantities as shown in or referenced by rule
			 3750-20-30
			 of the Administrative Code (e.g., five hundred/ten thousand pounds). The lower
			 (five hundred pounds) threshold planning quantity
			 applies only if the solid:
(1)
									Exists in powdered form and has a particles size less
			 than one hundred microns.
(2)
									Is handled in solution or in molten
			 form.
(3)
									Meets the criteria for a national fire protection
			 association (NFPA) rating of two, three or four for reactivity.
If the solid does not meet any of these
				criteria, the solid is subject to the upper (ten thousand pound) threshold
				planning quantity as shown in or referenced by rule
				3750-20-30
				of the Administrative Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-20 - Emergency Planning › Section 3750-20-30 - List of extremely hazardous substances and their threshold planning quantities

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see the last paragraph of
				rule
				3750-1-01
				of the Administrative Code titled"Incorporation by reference."]
(A) Extremely hazardous substances and their
			 applicable threshold planning quantities and reportable quantities are those
			 substances and quantities listed by the administrator of USEPA under 40 CFR
			 Part 355, Appendices A and B.
(B)
			 Extremely hazardous substances and their applicable threshold planning
			 quantities and reportable quantities are those substances and quantities listed
			 below by the commission pursuant to divisions (B)(4) and (C)(5) of section
			 3750.02 of the Revised Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-20 - Emergency Planning › Section 3750-20-50 - List of hazardous substances and their applicable reportable quantities

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see the last paragraph of
				rule
				3750-1-01
				of the Administrative Code titled"Incorporation by reference."]
(A) Hazardous substances and their applicable
			 reportable quantities are those substances and quantities listed by the
			 administrator of USEPA under 40 CFR Part 302, Table 302.4
(B) Hazardous substances and their applicable
			 reportable quantities and those substances and quantities listed below by the
			 commission pursuant to divisions (B)(4) and (C)(5) of section
			 3750.02 of the Revised Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-20 - Emergency Planning › Section 3750-20-60 - Addition of hazardous chemicals, extremely hazardous substances and hazardous substances

Current through all regulations passed and filed through July 1, 2024
(A) The commission, pursuant to divisions
			 (B)(4) and (C)(5) of section
			 3750.02 of the Revised Code, may
			 identify extremely hazardous substances in addition to those listed in
			 paragraph (A) of rule
			 3750-20-30
			 of the Administrative Code, establish the threshold planning quantities and
			 reportable quantities for the additional extremely hazardous substance, and
			 list such substances in paragraph (B) of rule
			 3750-20-30
			 of the Administrative Code.
(B)
			 The commission, pursuant to divisions (B)(4) and (C)(5) of section
			 3750.02 of the Revised Code, may
			 identify hazardous chemicals in addition to those meeting the criteria of rule
			 3750-30-25
			 of the Administrative Code, establish threshold quantities and categories of
			 health or physical hazards for the additional hazardous chemicals and shall
			 list such chemicals in paragraph (B) of rule
			 3750-30-25
			 of the Administrative Code.
(C)
			 The commission, pursuant to divisions (B)(4) and (C)(5) of section
			 3750.02 of the Revised Code, may
			 identify hazardous substances in addition to those listed in rule
			 3750-20-50
			 of the Administrative Code, establish reportable quantities for the additional
			 hazardous substances and shall list such substances in paragraph (B) of rule
			 3750-20-50
			 of the Administrative Code.
R.C.
				119.032 review dates:
				08/21/2014 and
				08/21/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 3750.02(C)(5)
Rule Amplifies:
				3750.02(B)(4),
				3750.02(C)(5)
Prior Effective Dates:
				6/30/90