Ohio Administrative Code

(A) Any person who was a party to a proceeding in which the resulting action is appealable to the environmental review appeals commission, or who was aggrieved or adversely affected by an action that was not preceded by a proposed action, may appeal to the commission for an order…

A person appealing to the commission shall be known as the appellant and a party substantially supporting the finding from which the appeal is taken shall be known as the appellee. Last updated October 6, 2023 at 3:06 PM Authorized By: 3745.03 Amplifies: 3745.03, 3745.04, 3745.05…

Appeals filed pursuant to section 3745.04 or 3750.19 of the Revised Code shall be filed with the commission within thirty days after the notice of the action being appealed. Appeals filed pursuant to section 3745.07 of the Revised Code shall be filed with the commission within th…

(A) The notice of appeal shall be in writing and shall set forth the name, address and telephone number of the appellant and shall include, or be accompanied by, a copy of the action being appealed.(B) The notice of appeal shall contain the assignments of error to be presented fo…

Failure to comply with the appeal provisions of Chapter 3745. of the Revised Code governing appeals to the commission shall be sufficient basis for dismissing the appeal. Last updated August 15, 2022 at 8:37 AM Authorized By: 3745.03 Amplifies: 3745.03, 3745.04, 3745.05, 3745.07,…

(A) Upon motion by appellant, the commission may allow the amendment of an appeal.(B) The commission may order the filing of an amended notice of appeal.(C) Copies of any amended notice of appeal shall be served upon all parties and filed with the commission. Last updated October…

(A) In filing an appeal with the commission, the appellant shall name as an appellee any person or persons necessary for the just adjudication of the appeal.(B) If, after filing a notice of appeal, an appellant wishes to join a person as an appellee, appellant shall file a motion…

(A) Intervention is discretionary and subject to such terms and conditions as the commission may prescribe. The commission may grant a motion to intervene and designate the intervenor as a party to such an extent and upon such terms as the commission shall deem appropriate for th…

(A) Where two or more persons filing an appeal have common interests such as to make joinder practicable, they may file a joint notice of appeal, or they may file a motion to consolidate the appeals after separate timely notices of appeal have been filed. Appeals may be consolida…

Any person may motion the commission to substitute any party for good cause shown. Last updated October 6, 2023 at 3:10 PM Authorized By: 3745.03 Amplifies: 3745.03, 3745.04, 3745.05 Five Year Review Date: 4/21/2027 Prior Effective Dates: 1/2/1973, 3/9/1999, 5/27/2004, 5/30/2014,…

(A) An appellee shall file a notice of appearance and an answer with the commission within seven days of receipt of the notice of appeal.(B) The answer of the appellee shall respond to each assignment of error by indicating that it is admitted, denied, or that the appellee is wit…

(A) Except as prohibited by section 4705.01 of the Revised Code, any party may appear on his own behalf, or may be represented by an attorney at law admitted to practice before the supreme court of Ohio or by an attorney admitted to practice by the commission pursuant to a motion…

(A) Within seven days after receipt of the notice of appeal, the director or statutory agency shall prepare and certify to the commission the record of proceedings out of which the appeal arises. The record certified to the commission shall be available for inspection and reprodu…

Every person who files a document in a proceeding before the commission shall, at the time of the initial filing in the matter, provide an address. Any change in address shall be filed with the commission, along with an indication of the case number to which the change of address…

Where a party is represented in a proceeding before the commission by more than one counsel of record, the party shall designate one counsel of record as lead counsel. All notifications and communications from the commission may be sent to the designated lead counsel only. Last u…

(A) Except as otherwise provided in this chapter, a filing may be accomplished by delivery, mail addressed to the commission, electronic mail, or through the commission's electronic filing system. (B) Except as otherwise prescribed, copies of all papers filed with the commission …

(A) When a party to an appeal, a person moving to intervene in an appeal, or an amicus curiae files any document, that person or his authorized representative shall identify himself. (B) In the case of notices of appeal, if the person appealing or moving is a corporation, unincor…

(A) Except as otherwise provided in this rule, any person may electronically file documents through the commission's electronic filing system. New appeals shall be filed with the commission in accordance with rule 3746-5-03 of the Administrative Code. (B) Documents submitted to t…

(A) In computing any period of time prescribed for filing and serving a document, the date of the underlying act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturda…

The commission, upon motion and for good cause shown, may extend the time for the filing of pleadings, motions, and briefs, other than the notice of appeal. Such motion shall be served upon all parties and filed with the commission. Last updated October 6, 2023 at 3:13 PM Authori…

(A) The filing of an appeal does not suspend or stay execution of the action being appealed. Upon motion by appellant and for compelling reasons justifying it, the commission may suspend or stay such execution pending immediate determination of the appeal without interruption by …

(A) At any time before the commencement of the hearing, any party may move the commission to hold a hearing or oral argument for a stay of the action under appeal pursuant to the expedited procedures set forth in this rule. Such motion shall be in writing and shall contain a conc…

(A) If the commission determines a stay is necessary, it may order the posting of a bond. Prior to setting bond, the commission shall take evidence upon affidavit or at hearing as to the pecuniary losses, or required expenditures to prevent losses, during the time interval of the…

(A) At any time prior to the commencement of the hearing, the commission may direct the parties or their counsel to participate before one or more members of the commission in a prehearing conference to consider the following:(1) Simplification and clarification of the issues.(2)…

(A) Motions, memoranda, and other filings shall be either typewritten or printed by standard typographic or other mechanical printing process that produces a clear black image on single-sided white paper, although exception may be made for parties allowed to proceed pro se.(B) Mo…

(A) Unless another form is prescribed by these rules, a motion shall be made with proof of service on all other parties. The motion shall state with particularity the grounds on which it is based and shall set forth the relief sought. If a motion is supported by briefs or other d…

(A) The front cover of the brief shall contain:(1) The name of the governmental agency in which the matter originated and the number of the case;(2) The title of the case;(3) The nature of the proceeding (e.g., appeal from adoption of a regulation or granting of a permit, etc.);(…

(A) The commission may order a party to brief an issue prior to the issuance of a final order of the commission. The commission shall state in its order for briefs the date said briefs are due.(B) Parties may move the commission for extensions of time for the filing of an issue b…

(A) Any party may file a motion requesting the commission to conduct a site view.(B) The commission may, upon reasonable notice and at reasonable times, inspect any site, including any body of water, industrial plant, building or other premises, when the commission determines tha…

(A) An appellant may dismiss an appeal by written motion to the commission at any stage of a proceeding.(B) All rulings granting a motion to dismiss shall be with prejudice to refiling and all rulings of the commission granting dismissal shall be entered in the journal.(C) Where …

(A) Scope of discovery:(1) The purpose of this rule is to encourage the prompt and expeditious use of prehearing discovery to facilitate thorough and adequate preparation for participation in appeals before the commission.(2) Except as otherwise provided in this chapter, any part…

(A) At any time after the filing of an appeal and subject to such discovery deadlines as the commission may order, any party may take the deposition of any other party or person upon oral examination with respect to any matter within the scope of discovery set forth in rule 3746-…

(A) Subject to the scope of discovery set forth in rule 3746-6-01 of the Administrative Code, and such discovery deadlines as the commission may order, any party may serve upon any other party up to forty written interrogatories, to be answered by the party served. A party servin…

(A) Subject to the scope of discovery set forth in rule 3746-6-01 of the Administrative Code and such discovery deadlines as the commission may order, any party may serve upon any other party a written request to:(1) Produce, permit the inspection of, or copy any designated docum…

(A) Any party may serve upon any other party a written request for the admission of the truth of any specific matter within the scope of discovery set forth in rule 3746-6-01 of the Administrative Code and subject to such discovery deadlines as the commission may order, including…

(A) Issuance; form; notice(1) Upon written request of any party, the commission may issue a subpoena for a witness to attend and give testimony at a deposition or a subpoena duces tecum to produce and permit inspection of documents, electronically stored information, or tangible …

(A) Upon motion of any party or person from whom discovery is sought and for good cause shown, the commission may issue any order which is necessary to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. Such a protective order may pro…

(A) Any party, upon reasonable notice to all other parties and any persons affected thereby, may move for an order compelling discovery, with respect to any failure of a party to comply with a discovery request pursuant to this chapter.(B) No motion to compel discovery shall be f…

(A) If no adjudication hearing was conducted in accordance with sections 119.07 to 119.10 of the Revised Code, the commission shall conduct a de novo hearing on the appeal.(B) If, in the notice of appeal or answer thereto, an issue is raised as to the manner of hearing the commis…

Upon the filing of the appeal, the commission shall fix the time and place at which the hearing on the appeal will be held. The commission shall give the appellant and the appellee at least ten days written notice thereof by certified mail. The commission shall hold the hearing w…

(A) Upon motion by any party and for good cause shown, the commission may place an appeal on an expedited case management schedule.(B) Hearings or oral arguments held pursuant to an expedited case management schedule shall be conducted without interruption by continuances, other …

(A) For the purpose of conducting a de novo hearing, or where the commission has granted a request for the admission of additional evidence, the commission may on its own motion require the attendance of witnesses and the production of written or printed materials.(B) A party may…

(A) The commission may postpone or continue any hearing upon its own motion or upon motion of a party. The motion for postponement must state in detail the reasons why postponement is necessary. A motion for postponement must be served upon all parties to the proceeding and filed…

(A) Any appellant who fails to appear for hearing may be subject to dismissal for want of prosecution in accordance with rule 3746-5-28 of the Administrative Code. Alternatively, in the discretion of the commission, such appellant may be deemed to have submitted the case to the c…

Upon agreement of all parties, a hearing may be waived and the matter submitted to the commission for a decision based on briefs, joint stipulations, affidavits, or such other evidence as the parties may submit. Last updated July 21, 2025 at 7:29 AM Authorized By: 3745.03 Amplifi…

(A) The burden of proceeding shall rest with the party asserting the affirmative of any issue, except where the commission orders another party to bear the burden of proceeding because the commission determines that party possesses or should possess knowledge of facts relevant to…

(A) A party may object to the admission of any evidence, and the commission shall rule on the objection. If the commission refuses to admit evidence, the party offering the same may make a proffer thereof, and such proffer shall be made a part of the record of the hearing.(B) Par…