(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.
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