3745-47-03 Definitions.

As used in Chapter 3745-47 of the Administrative Code:

(A) “Action” means the issuance, modification, or revocation of an order, including an order dismissing a verified complaint; the issuance, denial, renewal, modification, or revocation of a license, permit, lease, variance, or certificate; or the approval or disapproval of plans and specifications pursuant to law or regulation.

(B) “Adjudication hearing” means an adversary proceeding at which are determined rights, duties, privileges, benefits or legal relationships of a specified person.

(D) “Director” means the director of environmental protection of Ohio.

(E) “Draft action” means a written statement that gives the director’s intention with respect to the issuance, denial, renewal, modification, or revocation of any permit, variance, license, certificate, or lease; approval or disapproval of plans and specifications; or issuance, modification, or revocation of an order, and concerning which persons authorized by law or agency regulations may file comments or request a public meeting, but which will not be the subject of an adjudication hearing before the director. If the draft action indicates an intent to issue a permit, license, variance, order, or certificate, it shall include a draft permit, license, variance, order or certificate.

(F) “Fact sheet” means the statement of facts provided for in paragraph (A) of rule 3745-47-06 of the Administrative Code relative to issuance of an action.

(G) “Final action” means the written decision on any matter that is signed by the director and entered into the journal pursuant to rule 3745-47-27 of the Administrative Code.

(H) “Initiation of hearing proceedings” means the occurrence of any event that requires that an adjudication hearing be held, including but not limited to, a timely objection to a proposed action pursuant to section 3745.07 of the Revised Code, service of a verified complaint upon an alleged violator pursuant to section 3745.08 of the Revised Code, and notice of a hearing pursuant to section 6109.14 or 6111.32 of the Revised Code.

(I) “Issue” (“issuance”) means

(1) In the case of a draft or proposed action, to place the action into the United States mail.

(2) In the case of a final action, to enter the action into the director’s journal after it is signed by the director.

(J) “Party” means

(1) The agency;

(2) The person to whom the proposed action is issued, or the alleged violator upon whom a notice of hearing is served pursuant to section 6109.14, 3745.08, or 6111.32 of the Revised Code;

(3) Any person who objects pursuant to section 3745.07 of the Revised Code;

(4) Any person who intervenes pursuant to rule 3745-47-15 of the Administrative Code; or

(5) Any person who files a verified complaint under section 3745.08 of the Revised Code, with respect to the alleged violation that is the subject of the hearing, if the person has, prior to the hearing, filed with the director a written notice of intent to participate as a party.

No other person shall be deemed to be a party to an adjudication hearing.

(K) “Permit,” “license,” “certificate,” or “variance” includes any provisions, terms, conditions, specifications, requirements, or limitations with which the permittee or licensee must comply, or which affect exercise of the permit or license, whether such provisions, terms, conditions, specifications, requirements, or limitations are set forth fully on the permit or license document, appended thereto, or incorporated by reference. All requirements of statutes or regulations applicable to the permittee or licensee shall be conditions of such permit, license or variance, although not set forth on the permit, license, or variance, or appended thereto or incorporated by reference.

(L) “Person” means the state of Ohio or any agency thereof, the federal government or any agency thereof, any other state or agency thereof, any interstate agency, any municipal corporation, political subdivision, public or private corporation, individual, partnership, or other entity.

(M) “Proposed action” means a written statement that gives the director’s intention with respect to the issuance, denial, renewal, modification, or revocation of any permit, variance, license, certificate, or lease; or approval or disapproval of plans and specifications; or issuance, modification, or revocation of an order, and concerning which persons authorized by law or agency regulations may file comments or request an adjudication hearing or public meeting. If the proposed action indicates an intent to issue a permit, license, variance, order, or certificate, it shall include a proposed permit, license, variance, order, or certificate.

(N) “Public meeting” means a non-adversary public hearing, where any person may present written or oral statements for the director’s consideration pertaining to the application, draft action, or proposed action that is the subject of the meeting, and includes public hearings held pursuant to division (H) of section 3704.03 of the Revised Code.

(O) “Verified complaint” means a written complaint, verified by the affidavit of the complainant, his agent, or his attorney. The affidavit may be made before any person authorized by law to administer oaths, and shall be signed by the person who makes the affidavit. The person who administers the oath shall certify that the affidavit was sworn to before him and signed in his presence.

HISTORY: Eff 4-26-76; 6-30-81

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC Chapter 3745., Chapter 6109., Chapter 6111.

119.032 Review Date: 5-25-03