3745-47-13 Requests for adjudication hearings and objections.

(A) An adjudication hearing upon a proposed action shall be held:

(1) Upon request therefor from the person to whom the proposed action was issued, or

(2) Upon objection by any person pursuant to section 3745.07 of the revised code or, or

(3) Upon application for reconsideration by the tax commissioner or the county auditor pursuant to section 6111.31 of the Revised Code

If the request, objection, or application is timely.

An application or request relating to an industrial water pollution control certificate under Chapter 6111. of the Revised Code is timely if filed within fifteen days of mailing of notice of the proposed action to the person filing the application or request. All other requests and all objections are timely if filed within thirty days of issuance of the proposed action. This paragraph does not authorize the filing of objections to amended proposed actions unless the agency gave public notice of the amended proposed action under rule 3745-47-07 of the Administrative Code.

(B) All requests for adjudication hearings, objections, and applications shall be in writing. All requests for adjudication hearings, objections, and applications shall state the action of the agency objected to, the questions to be considered at the requested hearing, and the reasons that the proposed action is contested.

If the following are not included in the adjudication hearing request, objection, or application as initially filed, they shall be filed by the party within sixty days of issuance of the proposed action, or such other time as the hearing examiner may order:

(1) The specific provisions of the proposed action that the party alleges should be deleted from the director’s final action;

(2) The specific provisions of the proposed action that the party alleges should be amended in the director’s final action, and the text of the party’s proposed amendment;

(3) The specific provisions that the party alleges should be added to the director’s final action, and requested language for those additions.

For each requested deletion, amendment, or addition, the party shall include a clear and concise summary of the factual and/or legal basis of the request, including a reference setting forth citation to any statute, regulation, or other legal principle that the party asserts is offended by the proposed action. Filings required by paragraphs (B)(1) to (B)(3) of this rule may be included in filings required under rule 3745-47-19 of the Administrative Code, if such would still permit compliance with the sixty-day deadline set forth above, and if such is acceptable to the hearing examiner.

(C) After initiation of hearing proceedings the director shall not issue a final action as required by paragraph (B) of rule 3745-47-05 of the Administrative Code until the hearing proceedings are completed in accordance with Chapter 3745-47 of the Administrative Code.

(D) If an objection is received under section 3745.07 of the Revised Code but no request for hearing is received from the person to whom the proposed action was issued, the agency may participate in the hearing actively or refrain from active participation, permitting the other parties to prosecute the proceedings.

(E) If the opportunity for an adjudication hearing is not availed of within the time period established by paragraph (A) of this rule, all persons entitled to object or request a hearing shall be deemed to have waived all rights to a hearing and all rights to contest the director’s action, and they shall be deemed to have consented to the proposed action, which may become final and as valid as if a hearing had been held at which sufficient reliable, probative, and substantial evidence had been presented in support thereof.

(F) The director or his authorized representative shall schedule adjudication hearings. In scheduling hearings consideration shall be given to:

(1) Providing adequate time for all parties to prepare for the hearing; and

(2) Any request by a party relating to the time and location of the hearing.

HISTORY: Eff 7-5-73; 6-30-81

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC Chapter 3745.

119.032 Review Date: 5-25-03