Ohio Admin. Code 3745-500-120 - Procedures for issuing, denying, modifying, transferring, and revoking licenses and permits to install
[Comment: Procedures for suspending a license can be found in rule 3745-501-40 of the Administrative Code.]
(A) In
deciding whether to issue,
or deny, or
modify a permit to install, the director shall solicit the input and
coordinate the issuance of the permit to install with all relevant divisions of
Ohio EPA. The director may consult with other divisions or persons as the
director deems appropriate.
(B)
When issuing, denying, modifying, approving transfer of, denying transfer of,
or revoking a license or a permit to install for a solid waste facility, infectious waste treatment facility,
construction and demolition debris facility, or construction and demolition
debris processing facility, the director shall act in accordance with
Chapters 119., 3714., 3734., and 3745. of the Revised Code, as
applicable.
(C) When issuing,
denying, modifying, approving transfer of, denying transfer of, or revoking a
license for a solid waste facility, infectious waste
treatment facility, construction and demolition debris facility, or
construction and demolition debris processing facility, the approved
board of health shall act in accordance with Chapters 3714., 3734., and
sections
3709.20
and
3709.21
of the Revised Code, as applicable.
(D) When denying a license, revoking a
license, or denying transfer of a license for a solid
waste facility, infectious waste treatment facility, construction and
demolition debris facility, or construction and demolition debris
processing facility, the approved board of health shall provide at a
minimum the following:
(1) To the owner and
operator of the solid waste facility, infectious waste
treatment facility, construction and demolition debris facility, or
construction and demolition debris processing facility or the applicant
for the license, the following:
(a) Notice of
the approved board of health's intent to deny or revoke a license. This notice
shall include a provision informing the applicant, owner, or operator of the
right to a hearing prior to the issuance by the approved board of health of a
final action denying or revoking a license. This notice shall provide a period
of thirty days in which to request a hearing.
(b) Upon request, a hearing, held in
accordance with section
3709.20
of the Revised Code, at which the persons that have requested the hearing are
provided the following:
(i) The right to
appear in person, by attorney, or by other such representation permitted to
appear before the approved board of health.
(ii) The opportunity to present evidence at
the hearing, including the testimony of witnesses under oath, and the
opportunity to cross examine opposing witnesses.
(iii) The opportunity to proffer evidence
that has been determined to be inadmissible.
(iv) A stenographic record of the
hearing.
(c) Prior to the
issuance of a final action and subsequent to a hearing conducted by a referee
or examiner in accordance with division (B) of section
3709.20
of the Revised Code, written recommendations presented to the approved board of
health and an opportunity to submit written objections.
(d) A copy of the final action of the
approved board of health regarding the denial or revocation of the license,
with findings of fact and conclusions of law based on the hearing held in
accordance with section
3709.20
of the Revised Code. The copy with a statement of how and within what time
period the final action may be appealed to the environmental review appeals
commission shall be sent by certified mail or any other form of mail
accompanied by a receipt. Such copy and statement shall also be sent by
certified mail or any other form of mail accompanied by a receipt to persons
who have requested a hearing.
(2) To persons who have requested a hearing,
upon receipt of a written signed request for a hearing, notice of the hearing
date, time, and place not later than twenty days prior to the
hearing.
Notes
Promulgated Under: 119.03
Statutory Authority: 3714.02, 3714.022, 3734.02
Rule Amplifies: 3714.02, 3714.022, 3714.051, 3714.06, 3714.09, 3734.02, 3734.05, 3734.08, 3734.09, 3734.44
Prior Effective Dates: 04/02/2012, 04/01/2017, 07/01/2020
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