Chapter 4161-1 General Provisions

4161-1-01 Official address of the board of appeals.

The Underground Gas Storage Board of Review shall maintain its official office at 220 South Parsons Avenue, Columbus, Ohio, Room 106.

(former 1); Eff 5-10-58
Rule promulgated under: RC 111.15
Rule authorized by: RC 4161.13

4161-1-02 Quorum.

Two members of the Board shall constitute a quorum to transact business and exercise all power of the Board, provided however, that no action of the Board shall be valid without the concurrence of at least two members.

(former 2); Eff 5-10-58
Rule promulgated under: RC 111.15
Rule authorized by: RC 4161.13

4161-1-03 Filing of documents.

Each notice of appeal, application or other document to be filed with The Underground Gas Storage Board of Review shall be filed in the official office of the Board. Such filing means the actual delivery to the office of said notice of appeal, application or other document. If an appellant uses the United States Mail as a means of perfecting an appeal, he assumes the risk that the document may be lost or that delivery thereof to The Underground Gas Storage Board of Review may be delayed beyond the final filing date.

(former 3); Eff 5-10-58
Rule promulgated under: RC 111.15
Rule authorized by: RC 4161.13

4161-1-04 Appeal from orders of the chief of division of mines.

All appeals from orders of the Chief of the Division of Mines shall be made by filing a printed or typewritten notice of appeal with the Underground Gas Storage Board of Review within 30 days from the day appellant received notice by registered mail of the order appealed from. Each such notice of appeal shall state the name and address of the appellant and set forth in full the text of the order appealed from. Such notice shall further state in clear and concise language the errors complained of and the relief sought.

(former 4); Eff 5-10-58
Rule promulgated under: RC 111.15
Rule authorized by: RC 4161.13

4161-1-05 Notice of the filing.

Notice of the filing of such appeal shall be delivered by appellant to the Chief of the Division of Mines within three days after the appeal is filed with the Board.

(former 5); Eff 5-10-58
Rule promulgated under: RC 111.15
Rule authorized by: RC 4161.13

4161-1-06 Transcript.

Within seven days after receipt of such notice of appeal, the Chief shall prepare and certify to the Board at the expense of the appellant a complete transcript of the proceedings out of which the appeal arises, including a transcript of the testimony submitted to the Chief.

(former 6); Eff 5-10-58
Rule promulgated under: RC 111.15
Rule authorized by: RC 4161.13

4161-1-07 Date of hearing.

Upon the filing of such appeal the Board shall fix the time and place at which the hearing on the appeal will be held, and shall give appellant and the Chief at least ten days written notice thereof. The Board may postpone or continue any hearings upon its own motion or upon application of appellant or of the Chief. Unless otherwise specified all time used will be Eastern Standard Time.

(former 7); Eff 5-10-58
Rule promulgated under: RC 111.15
Rule authorized by: RC 4161.13

4161-1-08 Determination of appeal.

The filing of an appeal does not automatically suspend or stay execution of the order appealed from, but upon application by the appellant, the Board may suspend or stay such execution pending determination of the appeal upon such terms as it deems proper.

(former 8); Eff 5-10-58
Rule promulgated under: RC 111.15
Rule authorized by: RC 4161.13

4161-1-09 Motions, application and requests.

At any time prior to final adjudication of the appeal, any preliminary motion, motion to dismiss, application, or request in such proceeding may be submitted to the Board.

(former 9); Eff 5-10-58
Rule promulgated under: RC 111.15
Rule authorized by: RC 4161.13

4161-1-10 Hearing.

(A) Transcript.

At the request of any party to the appeal a stenographic record of the testimony and any other evidence submitted shall be taken by an official court shorthand reporter at the expense of the party making request therefor.

(B) Evidence.

The admissibility of testimony and other evidence shall be passed upon by the Board pursuant to the provisions of Section 4161.15 of the Revised Code, the common law, and statutory rules of evidence.

(C) Stipulations.

Parties may by stipulation in writing in triplicate, filed with the Board or presented at the hearing, agree on any facts involved in the proceedings, but the Board may thereafter require development of any fact it deems necessary to a proper determination of a controversy.

(former 10); Eff 5-10-58
Rule promulgated under: RC 111.15
Rule authorized by: RC 4161.13

4161-1-11 Substitution of parties.

In the event of the death of appellant, complainant, or applicant or for other proper cause, the Board may order the substitution of the proper parties.

(former 10); Eff 5-10-58
Rule promulgated under: RC 111.15
Rule authorized by: RC 4161.13

4161-1-12 Right to appeal.

Any party adversely affected by an order of the Board may appeal to a court of common pleas under Section 4161.15 of the Revised Code.

(former 12); Eff 5-10-58
Rule promulgated under: RC 111.15
Rule authorized by: RC 4161.13

4161-1-13 Meeting of board.

The Board will meet at such time and place as is necessary and at the call of the chairman.

(former 13); Eff 5-10-58
Rule promulgated under: RC 111.15
Rule authorized by: RC 4161.13