1513-3-22 Appeals from commission decisions.

(A) Any party aggrieved or adversely affected by a decision of the reclamation commission: (1) May appeal to the court of appeals for the county in which the activity addressed by the decision of the commission occurred, is occurring, or will occur in actions brought under Chapter 1513. of the Revised Code, or (2) May appeal to the court of common pleas in the county where the operator whose operation is addressed by the decision of the commission is located or in the Franklin county court of common pleas in actions brought under Chapter 1514. of the Revised Code.

(B) Appeals must be filed within thirty days of the issuance of the decision by the reclamation commission.

(C) Appeals of commission decisions should be filed in accordance with the provisions of the “Ohio Rules of Appellate Procedure.” (D) The appealing party should perfect an appeal in the following manner: (1) File a notice of appeal with the office of the reclamation commission within the time allowed for appeal; (2) Serve a copy of the notice of appeal to counsel of record of each party which participated in the review before the commission, or, if a party is not represented by counsel, to that party at his last known address; and (3) File a praecipe with the office of the reclamation commission requesting the transmission of the complete record of proceedings before the commission to the appropriate appellate court.

(E) A notice of appeal from a commission decision should: (1) Identify the party taking appeal; (2) Identify the decision of the reclamation commission being appealed; (3) Identify the case number assigned to the matter by the reclamation commission; and (4) Identify the court to which the appeal is taken.

(F) The expense of preparing and transcribing the record of proceedings shall be taxed as a part of the costs of appeal to the party appealing the decision of the commission.

(G) All matters remanded to the commission shall be disposed of in accordance with the order of the court arising from judicial review.

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

Promulgated Under: 119.03

Statutory Authority: 1513.05

Rule Amplifies: 1513.14, 1514.09

Prior Effective Dates: 11/1/1984, 3/7/1986, 2/5/1999, 6/10/2004