Ohio Admin. Code 1501-2-10 - Appeal procedures
(A) No denial of an application for permit or
a revocation of permit, shall be valid unless the applicant is afforded the
opportunity for a hearing pursuant to sections
119.01 to
119.13 of the Revised Code. The
date set for such a hearing shall be within fifteen days but no earlier than
seven days after the party has requested a hearing, unless otherwise agreed to
by both the director or his authorized representative and the party.
(B) Upon the denial of his application, the
applicant shall be notified of his right to a hearing. Such notice shall be
given by registered mail, return receipt requested, and shall include the
charges or other reasons for such proposed action, the law or rule directly
involved, and a statement informing the party that he is entitled to a hearing
if he requests it within thirty days of the time of mailing the notice. The
notice shall also inform the party that at the hearing he may appear in person,
may be represented by his attorney, or by such other representative as is
permitted to practice before the agency, or may present his position, arguments
or contentions in writing and that at the hearing he may present evidence and
examine witnesses appearing for and against him. A copy of this notice shall be
mailed to attorneys or other representatives of record representing the party.
(C) At such hearing the director
may grant a motion to intervene. A petition to intervene may be filed by any
person claiming a right to intervene or having an interest of such nature that
intervention is necessary or appropriate to the administration of the statute
under which the processing is sought. Such right or interest may be a right
conferred by statute; an interest which may be directly affected and which is
not adequately represented by existing parties; and any other interest of such
nature that may be in the public's interest. A person may be denied
intervention in such matter when he fails in a timely manner to do so, or when
the movant's participation will not assist in the determination of the issues
in question, or when the intervention will unnecessarily delay the hearing.
(D) Any party adversely affected
by a denial or revocation of a permit by the director issued pursuant to
adjudication may appeal to the court of common pleas of Franklin County. Any
such notice of appeal shall be filed within fifteen days after the mailing of
notice of the director's order.
(E) The filing of the appeal does not
automatically stay the effectiveness of the orders of the director, and until
such time as the orders are reversed or otherwise declared unlawful, or a stay
of the orders is granted by the court, the orders shall remain in full force
and effect.
Notes
Promulgated Under: 111.15
Statutory Authority: R.C. 1501.31
Rule Amplifies: R.C. 1501.32
Prior Effective Dates: 11/28/85, 11/28/90, 11/28/95, 11/28/00
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