Ohio Administrative Code (Last Updated: January 12, 2021) |
3746 Environmental Review Appeals Commission |
Chapter3746-9. Appeal from an Adjudication Hearing |
3746-9-02. Admission of newly discovered evidence
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(A) The commission may grant a motion for the admission of additional evidence when satisfied that such additional evidence is newly discovered and could not with reasonable diligence have been ascertained prior to the adjudication hearing before the director or other statutory agency.
(B) If the commission, in its discretion, grants a party's motion for the admission of newly discovered evidence, the commission shall state in their order granting such motion the method by which the newly discovered evidence is to be transmitted to the commission.
(C) All additional evidence shall be presented to the commission in accordance with the rules contained in Chapter 3746-7 of the Administrative Code.
Five Year Review (FYR) Dates:
05/24/2016 and
05/24/2021
Promulgated
Under: 111.15
Statutory
Authority: 3745.03
Rule
Amplifies: 3745.03 ,
3745.04,
3745.05,
3745.06
Prior
Effective Dates: 10/23/73, 5/24/01,
8/17/06,
Prior History: (R.C. 119.032 review dates:
05/24/2011 and
05/24/2016
Promulgated
Under: 111.15
Statutory Authority: 3745.03
Rule
Amplifies: 3745.02 - 3745.07
Prior Effective Dates: 10/23/73,
5/24/01, 8/17/06 )