Ohio Admin. Code 122:1-1-05 - Decertification
(A) If upon review
of the statement required by paragraph (A) of rule 122:1-1-04 of the Administrative Code, the director of the
development services agency determines that a
workable program no longer meets the criteria of rule 122:1-1-02 of the Administrative Code, then the director
he shall send to the executive officer of the
municipal corporation notice that the workable program of the municipal
corporation is decertified effective thirty days after receipt of the notice.
The notice of decertification shall include the reasons for
decertification.
(B) In the event
of decertification pursuant to paragraph (A) of this rule, the chief executive
officer of the affected municipal corporation may request a formal conference
with the director of the development
services agency or the director's representative
by giving written notice of the request within thirty days after receipt of
notice of decertification. A request for a formal conference shall stay
decertification of the municipal corporation's workable program. The executive
officer of the applying municipal corporation shall send, either together with
the notice of a request for a formal conference or within a reasonable time
thereafter, any additional information, evidence, or argument, which
he contemplates
the
executive officer contemplates the municipal corporation may wish to
present in support of continued certification at the formal
conference.
(C) Within thirty days
from receipt of a request for a formal conference, the director of
the development services
agency or the director's representative shall set a time and place for
the formal conference.
which shall be scheduled not less than five nor more than
thirty days from the receipt date of the request for a formal
conference.
(D) The
applying municipal corporation may provide at the formal conference in support
of continued certification any additional information, evidence, or argument,
which shall not be restricted to that submitted earlier.
(E) Within ten days after the formal
conference the director shall notify the applying municipal corporation of his
decision on rehearing which may be any of the following:
(1) Affirmation of the
his prior
decision to decertify,
(2) Reversal
of the
his
prior decision to decertify,
(3)
Continuance of the matter until a date certain, during which time the applicant
may show that each criterion set forth in rule 122:1-1-02 of the Administrative Code is substantially satisfied.
(F)
If a municipal
corporation that has become decertified pursuant to paragraph (A) of this rule
wishes to regain its status as an impacted city under Chapter 1728. of the
Revised Code, it shall complete a new application consistent with that chapter
and rules 122:1-1-02 and 122:1-1-03 of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 122.06
Rule Amplifies: 1728.01
Prior Effective Dates: 08/11/1974, 09/26/1998, 02/10/2014
Promulgated Under: 119.03
Statutory Authority: 122.06
Rule Amplifies: 1728.01
Prior Effective Dates: 8/11/1974, 9/26/1998
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