1513-3-21 Award of costs and expenses.

(A) Any person may file a petition for award of costs and expenses including attorneys’ fees reasonably incurred as a result of that person’s participation in any administrative proceeding before the reclamation commission which results in a final order being issued by the reclamation commission. The filing of a petition shall be made in compliance with the provisions of section 1513.13(E) of the Revised Code.

(B) A petition for an award of costs and expenses including attorneys’ fees requested under section 1513.13(E)(1)(c) of the Revised Code must be filed with the commission within forty-five days of the petitioner’s receipt of the final order of the commission in the action in which the fees were incurred. Failure to make a timely filing of the petition may constitute a waiver of the right to such an award.

(C) A decision by the chief of the division of mineral resources management granting or denying in whole or in part a request for an award of costs and expenses including attorneys’ fees made under section 1513.13(E)(1)(a) or 1513.13(E)(1)(b) of the Revised Code shall be applicable to the commission under section 1513.13(A) of the Revised Code.

(D) Contents of petition. A petition filed with the commission pursuant to section 1513.13(E)(1)(c) of the Revised Code or filed for review by the commission under section 1513.13(E)(1)(a) or 1513.13(E)(1)(b) of the Revised Code shall include the name of the person from whom costs and expenses are sought and the following shall be submitted in support of the petition: (1) An affidavit setting forth in detail all costs and expenses including attorneys’ fees reasonably incurred for, or in connection with, the person’s participation in the proceeding; (2) Receipts or other evidence of such costs and expenses; and (3) Where attorneys’ fees are claimed, evidence concerning the hours expended on the case, the customary commercial rate of payment for such services in the area, and the experience, reputation and ability of the individual or individuals performing the services.

(E) Any person served with a copy of the petition shall have thirty days from service of the petition within which to file an answer to such petition.

(F) An award under this rule may include: (1) All costs and expenses, including attorneys’ fees and expert witness fees, reasonably incurred as a result of initiation and/or participation in a proceeding before the reclamation commission; and (2) All costs and expenses, including attorneys’ fees and expert witness fees, reasonably incurred in seeking the award of costs.

(G) Any person aggrieved by a decision concerning the award of costs and expenses in an administrative proceeding before the reclamation commission may appeal such order of the commission in the manner prescribed in section 1513.14 of the Revised Code.

(H) Participation in administrative proceedings brought under Chapter 1514. of the Revised Code do not qualify for awards of costs and expenses including attorneys’ fees.

R.C. 119.032 review dates: 10/03/2008 and 10/01/2013

Promulgated Under: 119.03

Statutory Authority: 1513.05

Rule Amplifies: 1513.13

Prior Effective Dates: 11/1/1984, 9/11/1990, 2/5/1999, 6/10/2004