Ohio Administrative Code

19.03 PDF: (A) This chapter governs the practices and procedures before the reclamation commission.(B) Quorum.(1) Four members constitute a quorum, and no action of the commission shall be valid unless it has the concurrence of at least four members.(2) An inability to reach a co…

19.03 PDF: (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 …

19.03 PDF: (A) Any person exercising their right to appeal to the reclamation commission under section 1513.13 of the Revised Code shall file such appeal to the commission pursuant to this rule.(B) A notice of appeal shall:(1) Be in writing and may be in the form of a letter or a…

19.03 PDF: (A) Documents required or permitted to be filed with the commission may be filed personally, by mail addressed to the reclamation commission or by facsimile transmission followed by hard copy.(B) The filing of a notice of appeal is controlled by section 1513.13 of the …

19.03 PDF: (A) In computing any period of time stated or allowed by Chapter 1513. or Chapter 1514. of the Revised Code or by the rules of this chapter of the Administrative Code:(1) The day of the act or event from which the designated period of time begins to run shall not be in…

19.03 PDF: (A) Any person may petition for leave to intervene in an appeal before the commission, which appeal has been initiated by another party. A petition for leave to intervene must be filed at least ten days prior to the beginning of an evidentiary hearing on the merits of …

19.03 PDF: (A) The chairperson of the reclamation commission may, under conditions he prescribes, grant temporary relief he considers appropriate pending final determination of an appeal in accordance with the provisions of division (C) of section 1513.13 of the Revised Code.(B) …

19.03 PDF: (A) The reclamation commission may order a party to file a response to any request, allegation, averment, or argument made by another party in a notice of appeal or other document filed with the commission. The response ordered may be either a counter-argument or an ad…

19.03 PDF: (A) Parties to an appeal may obtain discovery in preparing their case in accordance with the provisions of rules 26 through 36 of the Ohio Rules of Civil Procedures.(B) Discovery may be obtained from all parties, including intervenors. Discovery from non-parties may be…

19.03 PDF: (A) Except for oral motions which must be made at a hearing on the record, or where the commission otherwise directs, any motion made to the commission shall:(1) Be in writing;(2) State with particularity the grounds on which it is based;(3) Set forth the relief sought…

19.03 PDF: (A) The commission, or its hearing officer, on its own initiative or at the request of any party, may schedule and hold pre-hearing conferences regarding issues on appeal.(B) Whenever a pre-hearing conference is held, the commission, or its hearing officer, may issue a…

19.03 PDF: (A) Written notice of the time, place and nature of any hearing shall be given by the commission to all parties to, and persons interested in, an appeal at least five days before the hearing is held.(B) Written notice of hearing shall be mailed to the parties by certif…

19.03 PDF: (A) Site views.(1) After an action is commenced, or as part of a notice of appeal, any party may request that the commission view the site of mining or reclamation operations or other areas or features relevant to the appeal.(2) Subject to any applicable safety require…

19.03 PDF: When appeals involving a common question of law or fact are pending before the commission, such appeals are subject to consolidation pursuant to a motion by a party or at the initiative of the commission. The commission shall administer consolidated appeals in the mann…

19.03 PDF: (A) The reclamation commission shall conduct hearings and other proceedings in such a manner as to render a complete decision on all issues which are presented, and shall take any steps consistent with the impartial discharge of its duties which are reasonable and nece…

19.03 PDF: (A) An appeal before the commission may be closed by the appellant's filing of a notice of withdrawal of appeal at any time prior to the commission's rendering of a final decision.(B) If all full parties agree, settlement may be allowed at any stage of the proceedings …

19.03 PDF: (A) Unless otherwise directed by the commission, where a hearing officer has conducted an adjudicatory hearing, the hearing officer shall submit a report and recommendation to the commission in accordance with the provisions of section 1513.131 of the Revised Code.(B) …

19.03 PDF: (A) All final decisions of the commission shall set forth:(1) Findings of fact;(2) Conclusions of law; and(3) An order affirming, modifying, or vacating and remanding, the matter under appeal.(B) All decisions of the commission shall be signed by the chairperson of the…

19.03 PDF: (A) Pursuant to division (E)(1)(c) of section 1513.13 of the Revised Code, the division of mineral resources management may file a petition for an award of costs and expenses including attorneys' fees reasonably incurred in connection with any appeal before the reclama…

19.03 PDF: (A) Any party aggrieved or adversely affected by a decision of the reclamation commission:(1) In actions involving coal mining and reclamation brought under Chapter 1513. of the Revised Code may seek review of a commission decision in the court of appeals for the count…

h 119. PDF: Solar energy systems include active solar systems as defined in rule 1551:3-1-02 of the Administrative Code, photovoltaic energy conversion systems as defined in rule 1551:3-1-03 of the Administrative Code, and passive solar systems as defined in rule 1551:3-1-04 of t…

h 119. PDF: An active solar system is a system which consists of components which are not an integral part of the structure. An active solar system uses a convective system to transport the thermal energy derived from the sun to storage and/or to the conditioned space. Active sol…

h 119. PDF: A "photovoltaic energy conversion system" is a system which converts solar energy directly to electrical energy. A photovoltaic system requires electrical transmission and storage devices. The components of a photovoltaic system include:(A) The photovoltaic cell, and …

h 119. PDF: A passive solar system consists of south facing glazing, a storage mass, and a method of isolating the storage mass from the climatic conditions. A passive solar system utilizes the materials which form the enclosure to collect, store, and distribute the solar energy.…

h 119. PDF: A "wind energy system" is any non-mobile system which extracts energy from the movement of air caused by the uneven heating of the earth from the sun. The components of a wind energy system include:(A) Any device which collects the energy from the wind such as blades,…

h 119. PDF: A hydrothermal energy system consists of any system which uses a thermal exchange with the earth: ground water, surface water, heat pipes or tubes. Hydrothermal energy system includes the following:(A) Ground water to air heat pump - a heat pump which uses ground or s…

19.03 PDF: (A) Tuition A child who is with his/her parent, as parent is defined in section 3313.64 of the Revised Code and who is under the care of a shelter for victims of domestic violence, as defined in section 3113.33 of the Revised Code, is entitled to attend school free in …

19.03 PDF: The following terms are defined as they are used in this chapter of the Administrative Code:(A) "Administrative or judicial mediations or proceedings" includes, but is not limited to, pending written complaints, mediations, or due process hearings with respect to the c…

19.03 PDF: (A) The department of education and workforce will pay a scholarship to the parent or other eligible applicant of each qualified special education child upon the submission of a fully completed application pursuant to procedures established by the department's rules in…

19.03 PDF: (A) In accordance with section 3301.51 of the Revised Code, a child will meet the following conditions to be eligible to participate in the scholarship program:(1) The child will be at least five years of age and less than twenty-two years of age at the beginning of th…

19.03 PDF: (A) Scholarships awarded under the Jon Peterson special needs scholarship program will be valid from the date of the department of education and workforce's written notification of approval to the end of the scholarship year, provided all program conditions have been m…

19.03 PDF: (A) Scholarships will be awarded from fully completed applications received in the following order:(1) First, to any eligible student enrolled in grades kindergarten through twelve who received a scholarship in the school year immediately prior to the year for which th…

19.03 PDF: Scholarships may be transferred to other registered providers or alternative public providers pursuant to this rule. Both the applicant and the provider accepting the transferred student will notify the department of education and workforce and the public school distri…

19.03 PDF: (A) Eligibility to continue to receive a scholarship in the school year in which it is being received will be terminated if any of the following occur:(1) The department of education and workforce determines that the application made for the program contained false inf…

19.03 PDF: (A) Each year, the department of education and workforce will publish a list of registered private providers and alternative public providers who are participating in the scholarship program.(B) To participate in the program, a private provider will register with the d…

19.03 PDF: (A) Payment of scholarship amounts will be mailed to the address or made through electronic funds transfer using the information provided by the provider. Eligible applicants that authorize payment be made solely to the provider may revoke their authorization at any ti…

19.03 PDF: Registered private providers, alternative public providers, and primary providers as defined in rule 3301-101-01 of the Administrative Code may be authorized to file applications on behalf of applicants if so designated in writing by the applicant. In no case will any …

19.03 PDF: (A) Although the district of residence is not obligated to make FAPE available to a child with a disability who resides in the district and is participating in the scholarship program, the parent of a child participating in the scholarship program has the right to file…

19.03 PDF: (A) The department will establish procedures for satisfying the provisions of this chapter. Such procedures, which are located on the department's website, will include, but not be limited to, the following:(1) Addressing incomplete applications;(2) Conducting the lott…

19.03 PDF: (A) "Services provided by virtual means" means direct services provided through the use of information and communication technology in real time by an individual holding the appropriate licensure or credential who is located at a site other than the site where the stud…

19.03 PDF: The following terms are defined as they are used in this chapter:(A) "Capacity" means possessing the leadership, professional expertise, human capital management, financial resources, strategic planning and commitment necessary to provide oversight, monitoring and tech…

19.03 PDF: (A) The department shall establish an application and approval process, including cycles and deadlines during the fiscal year, for eligible entities seeking to become sponsors of conversion or new start-up community schools and post that information on the department's…

19.03 PDF: (A) The duties and responsibilities of a sponsor shall be specified in a sponsorship agreement with the department. In addition to duties of the sponsor specified in the Ohio Revised Code and Ohio Administrative Code, duties and responsibilities to meet the criteria of…

19.03 PDF: (A) In addition to a sponsor's responsibilities under the Ohio Revised Code and Ohio Administrative Code, the monitoring and reporting duties and responsibilities of all community school sponsors include the following:(1) Notify the department within three business day…

19.03 PDF: Instructions regarding the flow of state foundation funds for all new and continuing community schools shall be found in the manuals for SOES/EMIS (school options enrollment system/education management information system) or their successor systems, which shall be made…

19.03 PDF: (A) In accordance with the timelines established in division (F) of section 3314.015 of the Revised Code, if the department finds that a sponsor is not in compliance with applicable laws and administrative rules, the department shall declare in a written notice to the …

19.03 PDF: (A) The department of education and workforce will, in accordance with section 3314.016 of the Revised Code, evaluate each entity that sponsors a community school by measuring its compliance with all laws and rules. Compliance is one of three equally weighted component…