122:1-1-03 Certification.

(A) Written notice of the director of the development service agency's action shall be sent to the applicant within sixty days of receipt of an application. The director shall take such action only after an application has been determined to completely address the criteria set forth in rule 122:1-2-02 of the Administrative Code or an application where the municipal corporation has failed to respond to the director's request for additional information or clarification within thirty days of receipt of written notice In the event certification is not granted, the director shall provide the applicant with a written statement of the reasons therfore.

(B) In the event certification is not granted, the chief executive officer of the applying municipal corporation may request a formal conference with the director of the development services agency or the director's representative by giving written notice of the request within thirty days after receipt of notice of refusal. The executive officer of the applying municipal corporation shall send, either together with the notice of a request for a formal conference or within a reasonable time thereafter, any additional information, evidence, or argument, which the chief executive officer contemplates the municipal corporation may wish to present in support of its application at the formal conference.

(C) Within thirty days from receipt of a request for a formal conference, the director of development services agency or the director's representative shall set a time and place for the formal conference.

(D) The applying municipal corporation may provide at the formal conference in support of its application any additional information, evidence, or argument, which shall not be restricted to that submitted earlier.

(E) Within ten days after the formal conference the director shall notify the applying municipal corporation of his decision on rehearing which may be any of the following:

(1) Affirmation of the prior action;

(2) Reversal of the prior action;

(3) Continuance of the matter until a date certain, during which time the applicant may show that each criterion set forth in rule 122:1-1-02 of the Administrative Code is substantially satisfied.

(F) Certification of "Impacted City" status obtained pursuant to division (C)(2) of section 1728.01 of the Revised Code shall last for two years from the date of the certification from the director of the development services agency and shall not be renewed unless the declaration on which the status is based continues in effect beyond the designated time frame of the clarification.

Effective: 02/10/2014
R.C. 119.032 review dates: 11/22/2013 and 02/10/2019
Promulgated Under: 119.03
Statutory Authority: 122.06
Rule Amplifies: 122.06
Prior Effective Dates: 8/11/1974, 9/26/1998, 3/24/2004