Current through all regulations passed and filed through December 16, 2024
(A)
(1)
"Action" means the issuance, modification, or revocation of an order; the
issuance, denial, renewal, modification, suspension, or revocation of a
license, permit, lease, variance, certificate, registration, or authorization;
or the approval or disapproval of plans and specifications pursuant to
law.
(2) "Adjudication" has the
same meaning as in division (D) of section
119.01 of the Revised
Code.
(3) "Adjudication hearing"
means an adversarial hearing during which evidence is taken for the purpose of
determining issues of fact and law that will be used by the hearing examiner to
prepare the report and recommendation and, ultimately, will be used in
preparing final findings and orders.
(4) "Adjudication proceeding" means the
entire process through which a person may seek to have a hearing
examiner consider evidence relevant to certain agency
actions, beginning with the activities specified in paragraph (A) of rule
3745-47-03 of the Administrative
Code and ending with the
issuance of a final
action.
(5) "Agency" means
the Ohio environmental protection agency.
(D) "Director" means the director of
environmental protection or the director's designee.
(F) "Final action" means the written decision
on any matter that is signed by the director and entered in the director's
journal pursuant to rule
3745-49-14 of the Administrative
Code.
(I) "Issue" or "issuance" means either of the
following:
(1) In the case of a proposed
action, to place the action into the United States mail, addressed to the
person who is the subject of the proposed action.
(2) In the case of a final action, to enter
the action into the director's journal after the action
is
signed by the director.
(P)
(1)
"Party" means any one of the following:
(b) For purposes of an
adjudication proceeding regarding a proposed action, the person to whom the
proposed action is issued and any person who objects to the proposed action
pursuant to section 3745.07 of the Revised
Code.
(c) For purposes of an
adjudication proceeding in response to a verified complaint, the alleged
violator upon whom a notice of hearing is served pursuant to section
3745.08 of the Revised Code and
the person who filed the verified complaint that is the subject of the hearing,
if that person filed a written notice of intent to participate as a party with
the director before the hearing.
(d) Any person who intervenes in an
adjudication proceeding pursuant to rule
3745-47-07 of the Administrative
Code.
(e) For purposes of an
adjudication proceeding conducted pursuant to section
6109.14 of the Revised Code, the
person upon whom notice was served in accordance with that section.
No other person shall be deemed to be a party to an
adjudication proceeding.
(2) "Person" means the state of Ohio or any
agency thereof, the federal government or any agency thereof, any other state
or agency thereof, any interstate agency, any municipal corporation, political
subdivision, public or private corporation, individual, partnership, or other
legal entity defined as a person under section
1.59 of the Revised
Code.
(3) "Proposed action" means a
written statement that gives the director's intention with respect to an action
and allows persons to do one or more of the following:
(a) File comments or objections to the
action.
(b) Request an adjudication
hearing in accordance with this chapter.
(c) Request a public meeting regarding the
action.
(4) "Public
meeting" means a non-adversarial public forum where any person may present
written or oral statements for the director's consideration pertaining to the
application, draft action, or proposed action that is the subject of the
meeting.
(S) "Stenographic
record" means a record provided by stenographic means or by the use of audio
electronic recording devices. The record includes all
of the testimony, other evidence, and rulings regarding the admissibility
thereof, presented at the hearing.
(V) "Verified complaint" means a written
complaint filed pursuant to and meeting the requirements of section
3745.08 of the Revised Code and
rule 3745-49-12 of the Administrative
Code.
