Ohio Administrative Code (Last Updated: January 12, 2021) |
3745 Ohio Environmental Protection Agency |
Chapter3745-47. Procedural Rules |
3745-47-04. Provision, mailing, and publishing of notice of adjudication hearings
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(A) Mailing of notice.
(1) A notice of an adjudication hearing shall be mailed by certified mail, return receipt requested, to the parties to the adjudication proceeding not less than thirty days prior to the adjudication hearing. Service shall be completed in accordance with section 119.07 of the Revised Code and the "Ohio Rules of Civil Procedure" (2011).
(2) Notices of adjudication hearings shall be mailed by first class mail to all persons on the mailing list of subscribers maintained pursuant to section 3745.07 of the Revised Code not less than fourteen days prior to the adjudication hearing.
(B) Public notice. Not later than thirty days prior to an adjudication hearing, a notice of the adjudication hearing shall be published in a newspaper of general circulation in the county in which the source, facility, or subject of the public notice is located. Public notice is complete upon publication.
(C) Public notices of adjudication hearings shall include the following:
(1) The name of the agency.
(2) The address and telephone number of the location where agency files and records pertaining to the adjudication are located and may be inspected and copied.
(3) Instructions for persons desiring to obtain additional information.
(4) The name of the person requesting the adjudication hearing.
(5) A brief description of the activities or operations that are the subject of the adjudication.
(6) The location of the source, facility, or subject of the adjudication, including a street address, if one is known.
(7) The date of the relevant public notices related to the subject of the adjudication.
(8) The date, time, and location of the adjudication hearing.
(9) A concise statement of the issues raised by the party requesting the adjudication hearing.
(10) A statement that evidence may be presented by the state and the other parties to the hearing.
(D) Where duplicate information is required in multiple notices mailed or published together, any information that is required by this rule to be contained in more than one such notice need not be repeated in each notice but may be contained in a separate document mailed or published with and referred to in each notice to which it applies.
Replaces: Part of 3745-47-07 and 3745-47-08
Five Year Review (FYR) Dates:
10/2/2018 and
10/02/2023
Promulgated
Under: 119.03
Statutory
Authority: 6111.041,
6111.03,
6109.04,
3753.02,
3752.03,
3751.02,
3746.04,
3745.01,
3734.74,
3734.73,
3734.72,
3734.71,
3734.70,
3734.12,
3734.021,
3734.02 ,
3714.02,
3704.03
Rule
Amplifies: 119.06,
3745.07,
119.09,
119.08,
119.07
Prior
Effective Dates: 07/05/1973, 06/30/1981,
04/02/2012
Prior History: (Effective:
04/02/2012
R.C. 119.032
review dates: 04/02/2017
Promulgated Under: 119.03
Statutory Authority: 3704.03,
3714.02, 3734.02, 3734.021, 3734.12, 3734.70, 3734.71, 3734.72, 3734.73,
3734.74, 3745.01, 3746.04, 3751.02, 3752.03, 3753.02, 6109.04, 6111.03,
6111.041
Rule Amplifies: 119.06, 119.07, 119.08, 119.09,
3745.07
Prior Effective Dates: 07/05/73, 06/30/81
)