1513-3-01 Definitions.

(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.

(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