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 and 4906-15 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 may apply for a rehearing with respect to any matters determined in the proceeding in the manner and form provided in section 4903.10 of the Revised Code. Neither an application for rehearing nor a memorandum contra may be filed by facsimile transmission.

(E) 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.

(F) Any party may file a written request for oral argument together with reasons therefor, before the board issues a final decision.

HISTORY: Eff 12-27-76; 6-10-89; 8-28-98; 12-15-03

Rule promulgated under: RC 111.15

Rule authorized by: RC 4906.03

Rule amplifies: RC 4906.03, 4906.11, 4906.12, 4903.22, 4906.10

RC 119.032 review dates: 8/28/03, 9/30/98, 9/30/03, 9/30/08