1513-3-04 Appeals to the reclamation commission.

(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