Lawriter - OAC - 1501-2-10 Appeal procedures.

1501-2-10 Appeal procedures.

(A) No denial of an application for permit or a revocation of permit, shall be valid unless the applicant is afforded the opportunity for a hearing pursuant to sections 119.01 to 119.13 of the Revised Code. The date set for such a hearing shall be within fifteen days but no earlier than seven days after the party has requested a hearing, unless otherwise agreed to by both the director or his authorized representative and the party.

(B) Upon the denial of his application, the applicant shall be notified of his right to a hearing. Such notice shall be given by registered mail, return receipt requested, and shall include the charges or other reasons for such proposed action, the law or rule directly involved, and a statement informing the party that he is entitled to a hearing if he requests it within thirty days of the time of mailing the notice. The notice shall also inform the party that at the hearing he may appear in person, may be represented by his attorney, or by such other representative as is permitted to practice before the agency, or may present his position, arguments or contentions in writing and that at the hearing he may present evidence and examine witnesses appearing for and against him. A copy of this notice shall be mailed to attorneys or other representatives of record representing the party.

(C) At such hearing the director may grant a motion to intervene. A petition to intervene may be filed by any person claiming a right to intervene or having an interest of such nature that intervention is necessary or appropriate to the administration of the statute under which the processing is sought. Such right or interest may be a right conferred by statute; an interest which may be directly affected and which is not adequately represented by existing parties; and any other interest of such nature that may be in the public's interest. A person may be denied intervention in such matter when he fails in a timely manner to do so, or when the movant's participation will not assist in the determination of the issues in question, or when the intervention will unnecessarily delay the hearing.

(D) Any party adversely affected by a denial or revocation of a permit by the director issued pursuant to adjudication may appeal to the court of common pleas of Franklin County. Any such notice of appeal shall be filed within fifteen days after the mailing of notice of the director's order.

(E) The filing of the appeal does not automatically stay the effectiveness of the orders of the director, and until such time as the orders are reversed or otherwise declared unlawful, or a stay of the orders is granted by the court, the orders shall remain in full force and effect.

R.C. 119.032 review dates: 10/13/2005 and 10/13/2010
Promulgated Under: 111.15
Statutory Authority: R.C. 1501.31
Rule Amplifies: R.C. 1501.32
Prior Effective Dates: 11/28/85, 11/28/90, 11/28/95, 11/28/00