3745-47-29 Emergency orders.

(A) When the director has determined that an emergency exists and has ordered that such action be taken as is necessary to meet the emergency pursuant to division (C) of section 6111.06, division (B) of section 3734.13 of the Revised Code, or division (B) of section 6109.05 of the Revised Code, any person to whom such order is directed may request a hearing. Notwithstanding that a hearing has been requested, emergency orders shall be effective immediately. Immediately upon receipt of such request the director or chief hearing examiner shall forthwith appoint a hearing examiner who shall convene a hearing within forty-eight hours to consider the issues raised by the hearing request. To obtain necessary evidence, the hearing examiner may continue the hearing, but shall reconvene the hearing as soon as possible and not later than twenty days after the hearing request unless the issues become moot. The director shall give priority to consideration of the hearing examiner’s report and shall not await written objections of the parties before issuing his decision. To the extent that other rules of Chapter 3745-47 of the Administrative Code conflict with this rule or would cause delay in an emergency hearing, they shall not be applicable to proceedings under this rule.

(B) Proceedings pursuant to the declaration of an air pollution emergency under section 3704.032 of the Revised Code shall not be subject to these procedural rules.

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

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC Chapter 6111., Chapter 6109., Chapter 3734.

119.032 Review Date: 5-25-03