3746-5-12 Certification of record to the commission.

(A) Within seven days after receipt of the notice of appeal, the director, a local board of health, the state fire marshal, or the state emergency response commission shall prepare and certify to the commission the record of proceedings out of which the appeal arises. The record certified to the commission shall be available for inspection and reproduction by any person. Costs of reproduction shall be borne by the requester.

(B) Content of record

(1) The record on appeal shall include, but not be limited to, all papers, exhibits, documents, correspondence, and the transcript of proceedings, if any, including exhibits relating to the action from which the appeal arises.

(2) Where a party alleges that the whole record has not been certified, the party shall specify, insofar as he is able, the material allegedly omitted and shall request its inclusion in the record through the filing of a request with the director or other appropriate entity for the supplementation of the certified record. If the request is denied, the party shall file a motion with the commission requesting production of the omitted materials. If the commission concludes such material should be included, the commission shall order it included in the record. The commission may conclude material has been omitted from the certified record and shall order its inclusion in the record through supplementation.

(3) All transcripts filed as part of the record below shall be certified as correct and state whether they are complete or partial.

(4) If a question arises as to whether the certified record accurately reflects what transpired in a proceeding below, the commission shall request an explanation that shall be certified as part of the record. If anything material is omitted from the record, or is misstated therein, a party may move that the omission or misstatement be corrected.

(5) If more than one appeal is taken by different parties to the same action, a single record may be certified, unless one or more of the parties shall request by motion a separate certification of the record and demonstrate good cause for separate certification.

(6) Documents of unusual bulk or weight and physical exhibits other than documents shall not be transmitted unless the commission directs the party to do so. A party must make advance arrangements with the commission for the transportation and receipt of exhibits of unusual bulk or weight.

(7) The record shall be bound and accurately indexed.

(a) Each item in the record shall be numbered. The index shall list the number of each item and a brief description of its contents. The index shall, to the extent possible, be sequential as to time.

(b) The binding shall be of the type and size commonly used to hold papers of the dimensions eight and one-half eleven inches.

(i) Photographs shall be mounted and be bound in the record.

(ii) Materials such as maps, photographs, and charts that are too large to be bound in accordance with this subsection shall be submitted in an orderly fashion.

(iii) Each container holding such items shall have an index of its contents, with the items numbered consecutively, and a description of each item contained therein.

(c) Paragraph (B)(8)(b)(ii) of this rule does not apply to exhibits submitted in an adjudication hearing before the director or local agency. However, every effort should be made to properly identify and organize such exhibits.

(8) Transmission of the certified record is effected when it is mailed or otherwise forwarded to the commission. The transmittal date shall be endorsed on the face of the certified record.

(9) If the certified record, or any part thereof, is required by the agency pending the appeal, the commission may issue an order to that effect, and the agency may retain the record or parts thereof subject to order of the commission.

(C) When the record is complete, it shall be certified to the commission.

(D) The commission shall mail notice of the receipt of the certified record to counsel for the parties on the date the record is received at the offices of the commission.

Effective: 06/21/2009
R.C. 119.032 review dates: 03/09/2009 and 03/09/2014
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02 - 3745.06
Prior Effective Dates: 8/24/73, 3/9/99, 5/27/04