1513-3-08 Temporary relief.

(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