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Ohio Laws and Rules
(A) “Adjudication hearing” means a trial-type proceeding at which the parties may introduce evidence relevant to the resolution of a disputed issue of fact.
(B) “Appellant” means the person applying or petitioning for review or relief or requesting a hearing before the reclamation commission.
(C) “Appellee” means the division of mineral resources management.
(D) “Burden of persuasion” means proof by a preponderance of the evidence.
(E) “Chief” means the chief of the division of mineral resources management.
(F) “Commission” means the reclamation commission, as established by section 1513.05 of the Revised Code.
(G) “Division” means the division of mineral resources management.
(H) “Discovery” means the ascertainment of information made pursuant to rule 1513-3-10 of the Administrative Code.
(I) “Final order” means a determination of rights, claims and liabilities of the parties to an action issued by the commission, which is appealable to the courts pursuant to section 1513.14 or section 1514.09 of the Revised Code.
(J) “Hearing officer” means a person designated by the reclamation commission pursuant to section 1513.05 of the Revised Code to conduct hearings or perform other duties as directed by the commission.
(K) “Intervenor” means one granted the right to intervene pursuant to rule 1513-3-07 of the Administrative Code.
(L) “Person” means any individual, partnership, corporation, association, or other legal entity, or any political subdivision, instrumentality, or agency of this state or the United States.
(M) “Proffer” means to offer or tender testimony or documents or other tangible objects into evidence.
(N) “Regular business hours” for the reclamation commission means ten a.m. to six p.m., Monday through Friday, except for state holidays or other days in which offices of the government of the state of Ohio are permitted to close due to weather, safety or other unforeseeable events which present a risk to the public or to the commission employees. In the event of the absence of the office staff, contact information for the chairman and vice-chairman of the commission will be prominently posted at the commission offices.
(O) “Rules of the reclamation commission” means rules 1513-3-01 to 1513-3-22 of the Administrative Code and shall apply to appeals filed under both Chapters 1513. and 1514. of the Revised Code, unless specifically provided otherwise.
Effective: 01/26/2009
R.C. 119.032 review dates: 01/27/2009 and 10/01/2013
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
(A) This chapter governs the practice and procedure before the reclamation commission.
(B) Four members constitute a quorum, and no action of the commission shall be valid unless it has the concurrence of at least four members. Where, in rendering a decision, a concurrence of at least four commission members is not obtained, the existing record of proceedings may be submitted to any absent commission member, who will be permitted to participate in the rendering of the decision.
(C) In the event of a tied vote by the members of the commission, the action of the chief of the division of mineral resources management shall be considered as having been affirmed by the commission.
(D) Pursuant to section 1513.05 of the Revised Code, the reclamation commission shall elect a secretary, who shall perform such duties as the commission prescribes, including:
(1) Promptly recording minutes of all meetings of the reclamation commission which shall be open to public inspection during working hours at the office of the reclamation commission.
(2) Serving as custodian of the records and papers of the commission and preserving copies of briefs and other filings.
(3) Assembling, transmitting and certifying the complete record of proceedings before the commission out of which appeals made pursuant to section 1513.14 or section 1514.09 of the Revised Code arise.
(4) Providing notice of all public meetings of the reclamation commission in accordance with the following procedures:
(a) Any person may determine the time and place of regularly-scheduled public meetings by contacting the office of the reclamation commission during regular business hours;
(b) Upon request, any person may obtain advance notice of all regularly-scheduled public meetings by supplying the office of the reclamation commission with stamped, self-addressed envelopes. The office will mail to such person a notice of the time and place of meetings at least four calendar days before the meeting is scheduled;
(c) The reclamation commission shall provide the office of the reclamation commission with the time and place of meetings requiring public notice under the provisions of this rule within sufficient time to enable the office to comply with the provisions of this rule.
(d) The time and location for commission meetings shall be announced in the “Hannah Report” published by Rotunda, Inc.
(5) Establishing and maintaining records for the funds held in a penalty fund mandated by division (E)(3) of section 1513.02 of the Revised Code.
(6) Remitting, in appropriate amounts, funds from a penalty fund as mandated in division (E)(3) of section 1513.02 of the Revised Code.
(7) The secretary of the commission shall have the authority to delegate to any staff member of the reclamation commission, those duties assigned to the secretary pursuant to this rule.
(E) Papers and files of the commission, or parts thereof, shall not be removed from the custody of the commission without the consent of the commission.
(F) The records and files of the commission shall be available for inspection and examination at the office of the reclamation commission during regular business hours.
(G) All proceedings before the commission shall be recorded by audio-electronic devices; however, the commission may allow other means to be used for the preservation of testimony if so requested by the parties.
(H) Any transcript of a proceeding before the commission, if filed with the commission shall be made available for reproduction upon application to the commission and payment of reproduction costs.
(I) Issuance of subpoenas.
(1) Upon request of a party, or at the initiative of the commission, the commission shall issue subpoenas ad testificandum or duces tecum.
(2) Except for good cause shown, a request for issuance of a subpoena shall be made at least five days before a scheduled hearing.
(3) Unless the subpoena orders the appearance of an employee of the Columbus office of the division of mineral resources management, it shall be directed to the sheriff of the county where the witness or documents or records are found, and the subpoena shall be served and returned in the same manner as those allowed by the courts of common pleas.
(4) A subpoena ordering the appearance of an employee of the Columbus office of the division of mineral resources management may be personally served by the commission.
(5) The commission may issue a subpoena signed for the commission but otherwise in blank to a party moving for it, who shall complete it before service.
(6) The cost of serving a subpoena and attendance fees for the witness under subpoena shall be borne by the party requesting the issuance of the subpoena.
(J) Notice of public hearing to adopt, amend, or rescind rules.
(1) Public notice of hearings on the adoption, amendment, or rescission of rules, to be conducted by the reclamation commission, shall be advertised one time in five newspapers published in different counties and of general circulation in the state.
(2) The public notice shall be given at least thirty days, but not more than fifty days, prior to the hearing.
(3) The notice shall:
(a) State the reclamation commission’s intention to consider adopting, amending, or rescinding rules;
(b) Include a synopsis or full text of the proposed rules, amendments, or rules to be rescinded, or a general statement of the subject matter to which such proposed rules relate;
(c) State the reason or purpose for adopting, amending, or rescinding the rules;
(d) Enumerate the date, time and place of the hearing on the proposed actions, which shall not be earlier than thirty days after the proposed rules, amendments, or rescissions are filed; and
(e) State the place from which copies of the proposed rules, amendments, or rules to be rescinded may be obtained.
(4) The office of the reclamation commission shall provide the public notice to anyone who requests it and pays a reasonable fee, not to exceed the cost of copying and mailing.
(K) In the event that the rules of the commission are amended, all proceedings in actions brought after the amendment and also all further proceedings in actions then pending shall be governed by the amended rules.
(L) The reclamation commission may appoint hearing officers to conduct hearings on issues of fact and law arising in an appeal or to perform any other duties as directed by the commission. The hearing officer shall have the same powers and authority in conducting the hearing as granted the reclamation commission.
Effective: 01/26/2009
R.C. 119.032 review dates: 01/27/2009 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 1513.05
Rule Amplifies: 119.03, 121.22, 1513.02, 1513.05, 1513.13, 1513.131, 1513.14, 1514.09
Prior Effective Dates: 11/1/1984, 3/7/1986, 1/5/1988, 2/5/1999, 6/10/2004
(A) Any attorney at law admitted to practice before the courts of the state of Ohio may practice before the commission. Attorneys not admitted to practice before the courts of the state of Ohio may petition the commission for admission pro hac vice. Practice shall include commencing, conducting or defending any matter before the commission.
(B) 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 their directions, or who engages in disorderly conduct, dilatory tactics, or contemptuous language in the course of such proceedings.
(C) 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.
(D) The commission may, for cause, deny or suspend the right of any person to appear before the commission.
(E) Notice of any change of attorney of record shall be given promptly to the commission and to the adverse party.
(F) 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 shall be prohibited.
Effective: 01/26/2009
R.C. 119.032 review dates: 01/27/2009 and 10/01/2013
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
(A) Any person given a right under section 1513.13 of the Revised Code to a review of any action in an adjudicatory hearing before the reclamation commission may appeal to the commission under this rule.
(B) A notice of appeal must:
(1) Be in writing and may be in the form of a letter or a legal pleading;
(2) Identify the name, address and telephone number of the appellant;
(3) Identify the name, address and telephone number 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;
(5) Include a copy of the written notice, order or decision to be reviewed;
(6) Identify the permit area to which the notice, order or decision relates;
(7) 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;
(8) State whether or not the appellant requests that the reclamation commission view the mining or reclamation site in question;
(9) State whether or not the appellant waives its right to have a hearing held within the time requirements set forth under division (B) of section 1513.13 of the Revised Code; and
(10) Be signed by the appellant or a representative of the appellant.
(C) Failure to comply with the provisions of section 1513.13 of the Revised Code governing the filing of appeals with the commission shall be sufficient basis for dismissing the appeal. The effect of such a dismissal shall be to leave in effect the action of the chief of the division of mineral resources managment from which the dismissed appeal has been made and shall not constitute an affirmance of said action by the commission.
(D) Filing of the notice of appeal.
(1) The notice of appeal shall be filed within thirty days after service of the notice, order or decision by the chief and shall be filed in accordance with rule 1513-3-05 of the Administrative Code.
(2) The original and one copy of the notice of appeal shall be filed with the reclamation commission.
(3) A copy of the notice of appeal shall be filed with the chief of the division of mineral resources management within three days of the filing of such notice with the reclamation commission.
(4) Where review of a proposed bond release is sought, the appellant shall comply with the requirements of section 1513.16 of the Revised Code and shall serve a copy of the notice of appeal upon the operator within three days of filing such notice of appeal with the reclamation commission.
(5) Where review of the approval or disapproval of a permit application is sought, the appellant shall comply with the requirements of section 1513.07 of the Revised Code and shall file such notice within thirty days of notification of the final decision of the chief on the permit application.
(6) 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 forward the amount of the penalty to the reclamation commission for placement in a penalty fund.
(7) A notice of appeal shall be deemed filed when a complete notice in compliance with the rules of this chapter of the Administrative Code is received by the reclamation commission.
(8) A notice of appeal may be amended without leave of the reclamation commission during the time allowed for original filing or a notice of appeal may be amended by leave of the commission at any time after the time allowed for original filing. Amendment of a notice of appeal may not be employed to cure jurisdictional defects in the filing, unless the amendment is filed within the time allowed for original filing of the notice of appeal.
Effective: 01/26/2009
R.C. 119.032 review dates: 01/27/2009 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 1513.05
Rule Amplifies: 1513.02, 1513.07, 1513.13, 1513.16, 1514.09
Prior Effective Dates: 11/1/1984, 3/7/1986, 1/5/1988, 2/5/1999, 6/10/2004
(A) Papers required or permitted to be filed with the reclamation commission may be filed personally, by mail addressed to the reclamation commission or by facsimile transmission followed by hard copy.
(B) A notice of appeal or request for temporary relief shall be deemed filed when received by the reclamation commission.
(C) Documents other than a notice of appeal or request for temporary relief shall be deemed filed on the day of mailing if sent by certified mail.
(D) Parties shall file an original and one copy of any papers required or permitted to be filed with the commission.
(E) Copies of all papers filed with the reclamation 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.
(F) Service by mail is complete upon mailing.
(G) All papers required or permitted to be filed with the reclamation commission must contain:
(1) The name of the case;
(2) The case number;
(3) The title of the document;
(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.
(H) If papers filed with the commission cite case law as authority in support of argument, the filing must include a copy of the case law cited and must refer to the page number or paragraph on which the relevant language is found.
R.C. 119.032 review dates: 01/27/2009 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 1513.05
Rule Amplifies: 1513.13, 1514.09
Prior Effective Dates: 11/1/1984, 2/5/1999, 6/10/2004
(A) In computing any period of time prescribed or allowed by the rules of this chapter of the Administrative Code, the day of the act or event from which the designated period of time begins to run shall not be included. 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. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
(B) Whenever a party is required or permitted to do an act within a prescribed period after service of a paper and the paper is served by mail, three days shall be added to the prescribed period.
(C) The commission may, upon motion and for good cause shown, enlarge or reduce the time prescribed by any rule of this chapter of the Administrative Code or by its orders for doing any act, or may permit an act to be done after the expiration of such time; but the commission shall not enlarge or reduce the time for:
(1) Filing a notice of appeal;
(2) Filing a petition for an award of costs and expenses including attorneys’ fees;
(3) Giving public notice of hearings on the adoption, amendment, or rescission of rules; or
(4) Taking any other action where a time period is prescribed by statute, unless agreed to be the parties and approved by the commission.
(D) Any request for an extension of time for filing a document must be made within the time originally allowed for the filing of said document with the commission.
R.C. 119.032 review dates: 10/03/2008 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 1513.05
Rule Amplifies: 1513.13, 1514.09
Prior Effective Dates: 11/1/1984, 3/7/1986, 2/5/1999
(A) Any person may petition for leave to intervene at any stage of a proceeding in review of an action, which proceeding has been initiated by another party.
(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 his interest is or may be adversely affected.
(C) The reclamation commission shall grant intervention where the petitioner: (1) Had a statutory right to initiate the proceeding in which he wishes to intervene; or (2) Has an interest which is or may be adversely affected by the outcome of the proceeding.
(D) If neither paragraph (C)(1) nor (C)(2) of this rule applies, the commission shall consider the following in determining whether intervention is appropriate: (1) The nature of the issues; (2) The adequacy of representation of petitioner’s interest which is provided by the existing parties to the proceeding; (3) The ability of the petitioner to present relevant evidence and argument; and (4) The effect of intervention on the agency’s implementation of its statutory mandate.
(E) Any person granted leave to intervene in a proceeding may participate in such proceeding as a full party or, if desired by the intervenor or if so determined by the commission, in a capacity less than that of a full party. If an intervenor is to participate in a limited capacity, the extent and the terms of the participation shall be in the discretion of the commission.
R.C. 119.032 review dates: 10/03/2008 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 1513.05
Rule Amplifies: 1513.13, 1514.09
Prior Effective Dates: 11/1/1984, 2/5/1999, 6/10/2004
(A) The chairman 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 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, a clear statement of whether or not that right is waived.
(C) The appellant may request that the hearing for temporary relief be held in the locality of the permit area.
(D) A hearing for temporary relief may be conducted as an oral argument. The chairman may terminate the argument whenever in his judgment further argument is unnecessary.
(E) If at any time after the initiation of the temporary relief procedure, the appellant acts in a manner so as to frustrate the expeditious nature of this proceeding, such action shall constitute a waiver of right to temporary relief.
(F) The decision of the chairman of the reclamation commission to grant or deny temporary relief may be appealed to the commission, including the chairman who decided temporary relief, within thirty days after the chairman’s issuance of the decision in accordance with the provisions of section 1513.13 of the Revised Code. The commission may confine its review to the record developed at the temporary relief hearing conducted by the chairman. The commission shall affirm the decision of the chairman, unless it determines that the chairman’s decision is arbitrary, capricious, or otherwise inconsistent with law.
(G) Temporary relief shall not be granted when the relief sought is the issuance of a permit when a permit has been denied, in whole or in part, by the chief.
Effective: 01/26/2009
R.C. 119.032 review dates: 01/27/2009 and 10/01/2013
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, 6/10/2004
(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 reclamation commission. The response ordered may be either 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 when ordered may be treated as a failure to appear at hearing.
Effective: 01/26/2009
R.C. 119.032 review dates: 01/27/2009 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 1513.05
Rule Amplifies: 1513.13, 1514.09
Prior Effective Dates: 11/1/1984, 2/5/1999
(A) Parties to a proceeding may obtain discovery in preparing their case.
(B) Discovery may be obtained against any party to the proceeding, including the chief of the division of mineral resources management.
(C) Discovery shall be conducted in accordance with the procedural provisions of the “Ohio Rules of Civil Procedure.” Discovery may include oral depositions, written interrogatories to parties, inspection of premises, requests for admission, and inspection of documents.
(D) If a party or an officer, director, or other agent of 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, the following:
(1) An order that the matters sought to be discovered or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;
(2) An order refusing to allow the disobedient party to support or oppose designated facts shall be taken to be established for the purposes of the designated matters into evidence; or
(3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or terminating the proceedings and rendering a judgment by default against the disobedient party.
Effective: 01/26/2009
R.C. 119.032 review dates: 01/27/2009 and 10/01/2013
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
(A) Except for oral motions which must be made in proceedings on the record, or where the commission otherwise directs, any motion made to the reclamation 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 proceeding at least ten days in advance of the hearing, unless the movant demonstrates that unusual circumstances exist justifying an exception to this rule.
(B) After an action is commenced, or as part of a notice of appeal, any party to a proceeding may make a written motion requesting that its hearing be conducted before the full commission, rather than before a hearing officer for the commission.
(C) Motions for reconsideration of any decision of the commission shall be made in writing within ten days after the issuance of the commission’s decision. A motion for reconsideration shall state with particularity the grounds on which it is based. The filing of a motion for reconsideration does not extend the time for filing a notice of appeal in the appellate court.
(D) 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 proceeding before the commission.
(E) In compliance with the requirements of paragraph (C) of rule 1513-3-13 of the Administrative Code, motions for continuance of a hearing must be filed with the reclamation commission and served upon all parties to a proceeding at least fourteen days in advance of a hearing.
(F) Unless the commission orders otherwise, any party to a proceeding shall have ten days from service of the motion or until hearing, whichever is earlier, to file a response to a motion.
(G) Failure to make a timely motion or to file a statement in response to a motion may be construed as a waiver of objection.
Effective: 01/26/2009
R.C. 119.032 review dates: 01/27/2009 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 1513.05
Rule Amplifies: 1513.13, 1514.09
Prior Effective Dates: 11/1/1984, 3/7/1986, 2/5/1999, 6/10/2004
(A) The reclamation commission, or its hearing officer, may schedule and hold pre-hearing conferences for settlement or simplification of the issues in any 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 of all persons who may be called as expert witnesses.
Effective: 01/26/2009
R.C. 119.032 review dates: 01/27/2009 and 10/01/2013
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
(A) Written notice of the time, place and nature of any hearing shall be given by the reclamation commission to all parties to, and persons interested in, an appeal at least seven days before the hearing is held, except that where temporary relief is requested, the reclamation commission may give oral or written notice of the hearing on the request for temporary relief at any reasonable time prior to the scheduled hearing.
(B) Written notice of hearing shall be mailed to the parties by certified mail.
(C) Continuance of scheduled hearings.
(1) The commission may, upon its own motion or upon motion of any party, and upon a showing of good cause and proper diligence, continue any hearing.
(2) Motions for continuance of a hearing must be filed with the reclamation commission and served upon all parties to a proceeding 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 the appellant, where the appellant has a right to hearing or decision within a prescribed time period, shall be viewed as a waiver of appellant’s right to a timely hearing or decision.
(6) Continuances of hearings may be ordered by the commission in situations wherein a hearing cannot be concluded in the time initially set for hearing.
Effective: 01/26/2009
R.C. 119.032 review dates: 01/27/2009 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 1513.05
Rule Amplifies: 1513.13, 1514.09
Prior Effective Dates: 11/1/1984, 3/7/1986, 2/5/1999
(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 the mining or reclamation operations under review.
(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 attend a site view.
(4) All parties shall have prior notice of a site view and shall have the right to be present. Parties shall be informed of any safety requirements prior to the site view. The commission may limit the number of persons, which may accompany a party at a site view.
(5) No argument or independent oral statement of the parties shall be permitted at a site view.
(6) A site view shall not be considered as evidence.
(B) Location of hearings. The location of hearings to be held under the rules of this chapter of the Administrative Code shall be established by the commission, giving due regard to the convenience of the parties and their witnesses, provided further that the hearing site:
(1) Is in reasonable proximity to the mining site so that any viewings can be conducted during the course of the hearing in proceedings for review of an order or notice of violation requiring cessation of mining;
(2) Is in the locality of the permit area in proceedings for temporary relief, when so requested;
(3) Is at the office of the reclamation commission located in Columbus, Ohio, in all other proceedings, unless all parties agree to another location; or
(4) Is at any other convenient public location selected by the commission.
Effective: 01/26/2009
R.C. 119.032 review dates: 01/27/2009 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 1513.05
Rule Amplifies: 1513.13, 1514.09
Prior Effective Dates: 11/1/1984, 3/7/1986, 2/5/1999
When proceedings involving a common question of law or fact are pending before the reclamation commission, such proceedings are subject to consolidation pursuant to a motion by a party or at the initiative of the commission.
R.C. 119.032 review dates: 10/03/2008 and 10/01/2013
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
(A) The reclamation commission shall conduct hearings and other proceedings in such a manner as to render a fair and complete decision on all issues which are presented, and shall take any steps consistent with the impartial discharge of its duties which appear reasonable and necessary to ascertain all relevant facts.
(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.
(C) Evidence.
(1) The reclamation commission shall not be bound by the “Ohio Rules of Evidence” as promulgated by the Ohio supreme court.
(2) Parties shall have the right of presentation of evidence, cross-examination, objection, motion and argument.
(3) The commission will rule upon the admissibility of evidence, but any party may object to the admission of any evidence and except to the ruling of the commission thereon.
(4) If any party objects to the admission or rejection of any evidence or to other limitations of the scope of any examination or cross-examination, he shall state briefly the grounds for such objection, and the record may include argument thereon, as allowed by the commission.
(5) An exception at any stage of the hearing is unnecessary to lay a foundation for review whenever a matter has been called to the attention of the commission by objection, motion or otherwise and the commission has ruled thereon.
(6) If the commission refuses to admit evidence, the party offering the same may make a proffer thereof, and the proffer shall be made a part of the record of the hearing. Proffers may consist of testimony or documentary evidence. Proffers may be made in the following manner:
(a) A summary statement by counsel as to the content of the expected testimony;
(b) Questions propounded upon the witness and answered; or
(c) Submission of documentary evidence or tangible objects.
(7) Official or public documents relating to the proceeding may be considered by the commission in adjudicating the case, but copies thereof may be substituted in the record of the proceedings. If certain official or public documents entered as part of the record are required by the chief for use by the division of mineral resources management pending the appeal, the chief may retain such documents subject to recall by the commission.
(D) A stipulation concerning issues of fact or authenticity of documents before the commission must have the concurrence of all parties to an appeal. A stipulation may be oral or written, and if written, shall be signed by all the parties and filed with the commission prior to hearing. Such a stipulation is binding upon the commission. A stipulation shall be enforced by the commission during proceedings and may serve as a basis of any final order of the commission.
(E) Written testimony.
(1) Affidavits may be admitted only if the evidence is otherwise admissible and all parties agree that affidavits may be used in lieu of oral testimony by a witness and if the party desiring to use affidavits files the affidavit with the commission and serves written notice to every other party at least five days prior to the hearing.
(2) The use of a deposition in lieu of the deponent’s oral testimony at hearing shall be allowed under the same provisions as are articulated in rule 32 of the “Ohio Rules of Civil Procedure.” A party desiring to use a deposition, or any designated part thereof, at hearing shall file the deposition with the commission and serve written notice to every other party at least five days prior to hearing.
(3) Objection may be made at the hearing to receiving in evidence any written testimony for any reason which would require the exclusion of the evidence if the witness were then present and testifying. The commission shall rule upon the admissibility of written testimony upon its attempted use at hearing. A determination of the admissibility of a deposition shall be made as though the witness were then present and testifying.
(4) When another action involving the same subject matter is or has been brought between the same parties or their representatives or successors in interest, all affidavits or depositions lawfully taken in one proceeding may be used in the other as if originally taken therefor. In the second action the admissibility of the written testimony shall again be determined.
(F) Witnesses.
(1) The commission may limit the number of witnesses upon any issue and may require any party to present additional evidence on any issue.
(2) The commission may require each party in an appeal to identify prior to the commencement of a hearing each person who is or may be present and his interest or who will or may be a witness for his cause in the appeal.
(3) Upon motion of a party or in the commission’s discretion, the commission may order the separation of witnesses at hearing, provided that the commission shall not exclude:
(a) A party; or
(b) An officer or employee of a party who is designated as its representative by its attorney; or
(c) A person whose presence is shown by a party to be essential to the presentation of his cause.
(4) A witness at any hearing shall testify under oath or affirmation, which may be administered by any member of the commission, by a hearing officer or by a court reporter.
(5) At a hearing where witnesses are called, only one attorney for each party may examine or cross-examine a witness unless otherwise permitted by the commission.
(6) The commission may examine on record the interested parties or witnesses.
(G) If the 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 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 the appeal.
(H) By agreement of the parties, a case may be submitted for decision on briefs; however, the reclamation commission may direct that the case be heard in an evidentiary hearing or argued before the commission.
(I) The reclamation commission may order the parties to a proceeding to submit post-hearing briefs or proposed findings of fact and conclusions of law at a time designated by the commission, on issues raised on the appeal or upon possible errors or omissions in the record or on any issues as the commission in its discretion shall determine. The commission may also order the parties to submit written closing arguments or proposed findings of fact and conclusions of law at the conclusion of hearing.
(J) The commission may order additional oral argument upon particular issues assigned a priority by the commission or upon which the commission desires further instructive guidance from counsel.
(K) At any time after hearing and prior to the issuance of a decision, the commission may on its own motion, or in its discretion upon a showing of good cause, reopen the appeal for further proceedings.
Effective: 01/26/2009
R.C. 119.032 review dates: 01/27/2009 and 10/01/2013
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
(A) An appeal pending before the reclamation commission may be dismissed by the appellant: by filing a notice of dismissal or request for withdrawal of appeal at any stage of the proceeding.
(B) If all parties agree, settlement may be allowed at any stage of the proceedings prior to a final order of the commission. 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.
R.C. 119.032 review dates: 10/03/2008 and 10/01/2013
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
(A) Unless otherwise directed by the reclamation commission, where a hearing officer has conducted an adjudicatory hearing, the hearing officer shall submit a report and recommendation to the reclamation commission in accordance with the provisions of section 1513.131 of the Revised Code.
(B) The hearing officer shall submit reports and recommendations to the reclamation commission on any interlocutory rulings which finally dispose of an appeal or present a controlling question of law.
(C) 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.
(D) Reports and recommendations of the hearing officers shall be sent to the parties by certified mail.
(E) 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.
(F) Any party to a proceeding may have fourteen days from service of the objections to the report and recommendation of the hearing officer to file a response.
(G) The commission may order oral argument upon objections to a report and recommendation of the hearing officer.
Effective: 01/26/2009
R.C. 119.032 review dates: 01/27/2009 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 1513.05
Rule Amplifies: 1513.131
Prior Effective Dates: 11/1/1984, 3/7/1986, 2/5/1999
(A) All decisions of the commission shall set forth:
(1) Findings of fact;
(2) Conclusions of law; and
(3) An order granting or denying relief.
(B) All decisions of the commission shall be signed by the chairman of the commission or by any commission member designated by the chairman.
(C) When a decision is issued, the commission shall give notice thereof by certified mail to all parties to the proceeding.
(D) Decisions of the commission shall be issued within a reasonable time after appeal and in accordance with division (B) of section 1513.13 of the Revised Code.
(E) Clerical mistakes in decisions, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the commission at any time on its own initiative or on motion of any party. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and, thereafter while the appeal is pending, may be so corrected with leave of the appellate court. The correction of a mistake in a decision or order does not extend the time for filing a notice of appeal in the appellate court.
(F) Remission of prepaid civil penalty assessments.
(1) If a review of a civil penalty assessment results in an order reducing or eliminating a civil penalty, the reclamation commission shall remit the funds to the appellant in accordance with division (E) of section 1513.02 of the Revised Code.
(2) If a review of a civil penalty assessment results in an order affirming the penalty, the reclamation commission shall transfer the funds to the chief of the division of mineral resources management.
(3) If a review of a civil penalty assessment results in an order increasing the penalty, the person to whom the order was issued shall pay the difference to the reclamation commission within fifteen days after the order is issued, and the commission shall transfer the funds plus the additional penalty amount to the chief of the division of mineral resources management.
(4) If any party requests judicial review of a final order of the reclamation commission which order relates to a civil penalty assessment, that party must so notify the commission office within thirty days after the order is issued, and the commission shall continue custody of the funds until the judicial review is completed. If the commission is not so notified, the funds shall be transferred to the proper party as set forth in this rule.
Effective: 01/26/2009
R.C. 119.032 review dates: 01/27/2009 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 1513.05
Rule Amplifies: 1513.02, 1513.13, 1514.09
Prior Effective Dates: 11/1/1984, 3/7/1986, 1/5/1988, 2/5/1999, 6/10/2004
(A) If an appeal is dismissed, costs may be taxed against the appellant unless otherwise agreed by the parties or ordered by the reclamation commission.
(B) If an order or decision is affirmed, costs may be taxed against the appellant unless otherwise ordered.
(C) If an order or decision is reversed, costs may be taxed against the appellee unless otherwise ordered.
(D) If judgment is affirmed or reversed in part, or is vacated, costs may be allowed only as ordered by the reclamation commission.
(E) The costs of the transcript of the hearing before the commission and the costs of any reproduction of documents in the record of proceedings shall be borne by the party requesting such reproduction.
R.C. 119.032 review dates: 10/03/2008 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 1513.05
Rule Amplifies: 1513.13, 1514.09
Prior Effective Dates: 11/1/1984, 3/7/1986, 2/5/1999
(A) 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 before the reclamation commission which results in a final order being issued by the reclamation commission. The filing of a petition shall be made in compliance with the provisions of section 1513.13(E) of the Revised Code.
(B) A petition for an award of costs and expenses including attorneys’ fees requested under section 1513.13(E)(1)(c) of the Revised Code must be filed with the commission within forty-five days of the petitioner’s receipt of the final order of the commission in the action in which the fees were incurred. Failure to make a timely filing of the petition may constitute a waiver of the right to such an award.
(C) A decision by the chief of the division of mineral resources management granting or denying in whole or in part a request for an award of costs and expenses including attorneys’ fees made under section 1513.13(E)(1)(a) or 1513.13(E)(1)(b) of the Revised Code shall be applicable to the commission under section 1513.13(A) of the Revised Code.
(D) Contents of petition. A petition filed with the commission pursuant to section 1513.13(E)(1)(c) of the Revised Code or filed for review by the commission under section 1513.13(E)(1)(a) or 1513.13(E)(1)(b) 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: (1) 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; (2) Receipts or other evidence of such costs and expenses; and (3) 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.
(E) 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.
(F) An award under this rule may include: (1) All costs and expenses, including attorneys’ fees and expert witness fees, reasonably incurred as a result of initiation and/or participation in a proceeding before the reclamation commission; and (2) All costs and expenses, including attorneys’ fees and expert witness fees, reasonably incurred in seeking the award of costs.
(G) Any person aggrieved by a decision concerning the award of costs and expenses in an administrative proceeding before the reclamation commission may appeal such order of the commission in the manner prescribed in section 1513.14 of the Revised Code.
(H) Participation in administrative proceedings brought under Chapter 1514. of the Revised Code do not qualify for awards of costs and expenses including attorneys’ fees.
R.C. 119.032 review dates: 10/03/2008 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 1513.05
Rule Amplifies: 1513.13
Prior Effective Dates: 11/1/1984, 9/11/1990, 2/5/1999, 6/10/2004
(A) Any party aggrieved or adversely affected by a decision of the reclamation commission: (1) May appeal to the court of appeals for the county in which the activity addressed by the decision of the commission occurred, is occurring, or will occur in actions brought under Chapter 1513. of the Revised Code, or (2) May appeal to the court of common pleas in the county where the operator whose operation is addressed by the decision of the commission is located or in the Franklin county court of common pleas in actions brought under Chapter 1514. of the Revised Code.
(B) Appeals must be filed within thirty days of the issuance of the decision by the reclamation commission.
(C) Appeals of commission decisions should be filed in accordance with the provisions of the “Ohio Rules of Appellate Procedure.” (D) The appealing party should perfect an appeal in the following manner: (1) File a notice of appeal with the office of the reclamation commission within the time allowed for appeal; (2) Serve a copy of the notice of appeal to counsel of record of each party which participated in the review before the commission, or, if a party is not represented by counsel, to that party at his last known address; and (3) File a praecipe with the office of the reclamation commission requesting the transmission of the complete record of proceedings before the commission to the appropriate appellate court.
(E) A notice of appeal from a commission decision should: (1) Identify the party taking appeal; (2) Identify the decision of the reclamation commission being appealed; (3) Identify the case number assigned to the matter by the reclamation commission; and (4) Identify the court to which the appeal is taken.
(F) The expense of preparing and transcribing the record of proceedings shall be taxed as a part of the costs of appeal to the party appealing the decision of the commission.
(G) All matters remanded to the commission shall be disposed of in accordance with the order of the court arising from judicial review.
R.C. 119.032 review dates: 10/03/2008 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 1513.05
Rule Amplifies: 1513.14, 1514.09
Prior Effective Dates: 11/1/1984, 3/7/1986, 2/5/1999, 6/10/2004