4906-7-17 Decision by the board.

(A) Within a reasonable time after the conclusion of the hearing, service of the report of the administrative law judge, if any, and the filing of any exceptions and replies to the exceptions, the board shall issue a final decision based only on the record, including such additional evidence as it shall order admitted.

(1) The board may determine that the location of all or part of the proposed facility should be modified.

(a) If it so finds, it may condition its certificate upon such modifications.

(b) Persons and municipal corporations shall be given reasonable notice thereof, in accordance with the provisions of paragraph (A)(3) of this rule.

(2) Specific citation in Chapters 4906-13, 4906-15, and 4906-17 of the Administrative Code with regard to a certificate application complying with building codes and boiler pressure piping, and elevator inspections and evaluations conducted by a statutorily empowered state agency, shall not be deemed to prohibit the board from issuing a certificate conditioned upon an applicant complying with other state or local statutes, ordinances, and regulations which are designed to protect the public health, welfare, and safety.

(3) The decision of the board shall be entered on the board journal and into the record of the hearing. Copies of the decision or order shall be served on all attorneys of record and all unrepresented parties in the proceedings by ordinary mail.

(B) In its deliberations, the board may order the parties to submit briefs on such issues as it addresses to the parties within such time limits as the board shall prescribe. The board may also schedule oral arguments before it.

(C) Applications for reopening a proceeding after final submission but before a final order has been issued shall be by petition, and shall set forth specifically the grounds upon which such application is based. If such application is to reopen the proceeding for further evidence, the nature and purpose of such evidence must be briefly stated, including a statement why such evidence was not available at the time of hearing, and the evidence must not be merely cumulative.

(D) Any party or any affected person, firm, or corporation may file an application for rehearing, within thirty days after the issuance of a board order, in the manner and form and circumstances set forth in section 4903.10 of the Revised Code. An application for rehearing must set forth the specific ground or grounds upon which the applicant considers the board order to be unreasonable or unlawful. An application for rehearing must be accompanied by a memorandum in support, which sets forth an explanation of the basis for each ground for rehearing identified in the application for rehearing and which shall be filed no later than the application for rehearing.

(E) Any party may file a memorandum contra within ten days after the filing of an application for rehearing.

(F) As provided in section 4903.10 of the Revised Code, all applications for rehearing must be submitted within thirty days after an order has been journalized by the secretary of the board.

(G) A party or any affected person, firm, or corporation may only file one application for rehearing to a board order within thirty days following the entry of the order upon the journal of the board.

(H) An application for rehearing filed under section 4903.10 of the Revised Code, or a memorandum contra an application for rehearing filed pursuant to this rule may not be delivered via facsimile transmission.

(I) The board, the chairman of the board, or the administrative law judge may issue an order granting rehearing for the purpose of affording the board more time to consider the issues raised in an application for rehearing.

Effective: 05/07/2009
R.C. 119.032 review dates: 11/30/2013
Promulgated Under: 111.15
Statutory Authority: 4906.03 , 4906.20
Rule Amplifies: 4903.22 , 4906.03 , 4906.10 , 4906.11 , 4906.12 , 4906.20
Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03, 1/25/09