Ohio Administrative Code
Title 1501:13 - Division of Mineral Resources Management - Coal
Chapter 1501:13-14 - Enforcement
Section 1501:13-14-04 - Petition for fees
Universal Citation: OH Admin Code 1501:13-14-04
Current through all regulations passed and filed through September 16, 2024
(A) Award of costs and expenses.
(1) Any person may file a petition for award
of costs and expenses including attorneys' fees reasonably incurred as a result
of that person's participation in any administrative proceeding under Chapter
1513. of the Revised Code which results in a final order being issued by the
chief.
(2) The petition for an
award of costs and expenses including attorneys' fees must be filed with the
chief within forty-five days of receipt of such order. Failure to make a timely
filing of the petition may constitute a waiver of the right to such an award.
(3) Contents of petition.
(a) A petition filed under paragraph (A)(1)
of this rule shall include the name of the person from whom costs and expenses
are sought and the following shall be submitted in support of the petition:
(i) An affidavit setting forth in detail all
costs and expenses including attorneys' fees reasonably incurred for, or in
connection with, the person's participation in the proceeding;
(ii) Receipts or other evidence of such costs
and expenses; and
(iii) Where
attorneys' fees are claimed, evidence concerning the hours expended on the
case, the customary commercial rate of payment for such services in the area,
and the experience, reputation and ability of the individual or individuals
performing the services.
(4) Any person served with a copy of the
petition shall have thirty days from service of the petition within which to
file an answer to such petition.
(5) Appropriate costs and expenses including
attorneys' fees may be awarded:
(a) To any
person from the permittee, if:
(i) The person
initiates any administrative proceedings reviewing enforcement actions, upon a
finding that a violation of Chapter 1513. of the Revised Code, Chapters
1501:13-1 to 1501:13-14 of the Administrative Code or the permit has occurred,
or that an imminent hazard existed, or to any person who participates in an
enforcement proceeding where such a finding is made if the chief determines
that the person made a substantial contribution to the full and fair
determination of the issues; or
(ii) The person initiates an application for
review of alleged discriminatory acts, pursuant to section
1513.39 of the Revised Code,
upon a finding of discriminatory discharge or other acts of discrimination;
(b) To any person other
than a permittee or his or her representative from the state of Ohio, if the
person initiates or participates in any proceeding under Chapter 1513. of the
Revised Code upon a finding that the person made a substantial contribution to
a full and fair determination of the issues;
(c) To a permittee from the state of Ohio
when the permittee demonstrates that the chief or his or her authorized
representative issued an order of cessation, a notice of violation or an order
to show cause why a permit should not be suspended or revoked, in bad faith and
for the purpose of harassing or embarrassing the permittee;
(d) To a permittee from any person where the
permittee demonstrates that the person initiated a proceeding under Chapter
1513. of the Revised Code or participated in such a proceeding in bad faith for
the purpose of harassing or embarrassing the permittee; or
(e) To the division of mineral resources
management where it demonstrates that any person applied for review pursuant to
Chapter 1513. of the Revised Code or that any party participated in such a
proceeding in bad faith and for the purpose of harassing or embarrassing the
division of mineral resources management.
(6) An award under this rule may include:
(a) All costs and expenses, including
attorneys' fees and expert witness fees, reasonably incurred as a result of
initiation and/or participation in a proceeding under Chapter 1513. of the
Revised Code; and
(b) All costs
and expenses, including attorneys' fees and expert witness fees, reasonably
incurred in seeking the award of costs.
(B) Appeal of decision. Any person aggrieved by a decision concerning the award of costs and expenses in an administrative proceeding under Chapter 1513. of the Revised Code may appeal such award to the reclamation commission pursuant to section 1513.13 of the Revised Code.
Five Year Review (FYR) Dates:
11/02/2015 and
11/02/2020
Promulgated
Under: 119.03
Statutory
Authority: 1513.02
Rule
Amplifies: 1513.07,
1513.13,
1513.131
Prior
Effective Dates: 8/16/82 (Emer.), 10/27/82, 2/15/03,
4/30/09
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