Ohio Administrative Code
Title 3746 - Environmental Review Appeals Commission
Chapter 3746-9 - Appeal from an Adjudication Hearing
Section 3746-9-01 - Requisites of appeals from adjudication hearings

(A) If an adjudication hearing was conducted by the director or other statutory agency, in accordance with sections 119.09 and 119.10 of the Revised Code, the commission is confined to the record as certified to it pursuant to rule 3746-5-12 of the Administrative Code, except as provided in rule 3746-9-02 of the Administrative Code.

(B) When the appeal is from an adjudication hearing the commission shall hold a hearing as required by sections 3745.04 and 3745.05 of the Revised Code.

(C) The hearing shall be held by the commission in the form of oral arguments upon the issues raised in the notice of appeal, and any cross-appeal.

(D) In issuing the order granting a hearing on an appeal from an adjudication hearing, the commission shall state the date, time, and place of the hearing. The commission may also allocate the amount of time allowed to each party for argument. A record of the hearing shall be taken.

(E) Upon agreement of the parties, a hearing may be waived and the matter submitted to the commission for decision based on briefs, stipulations, affidavits, or such other evidence as the parties may jointly submit or the commission may order.