(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.
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