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H. B. No. 324 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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A BILL
To amend section 3745.05 of the Revised Code and to
amend Section 279.10 of Am. Sub. H.B. 1 of the
128th General Assembly to eliminate the schedule
in accordance with which the Environmental Review
Appeals Commission must issue written orders
concerning certain actions that were filed with
the Commission and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3745.05 of the Revised Code be
amended to read as follows:
Sec. 3745.05. (A) In hearing the appeal, if an adjudication
hearing was conducted by the director of environmental protection
in accordance with sections 119.09 and 119.10 of the Revised
Code
or conducted by a board of health, the environmental review
appeals commission is
confined to the record as certified to it by
the director or the board of health, as applicable. The commission
may grant a request 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 hearing before the director or the board, as applicable. If no
adjudication hearing was conducted in accordance with sections
119.09 and 119.10 of the Revised Code or conducted by a board of
health, the commission
shall conduct a hearing de novo on the
appeal.
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
require the attendance of witnesses
and the production of written or printed
materials.
When conducting a de novo hearing, or when a request for
the
admission of additional evidence has been granted, the
commission
may, and at the request of any party it shall, issue
subpoenas
for
witnesses or for books, papers, correspondence, memoranda,
agreements, or other documents or records relevant or material to
the inquiry directed to the sheriff of the counties where the
witnesses or documents or records are found, which subpoenas
shall
be served and returned in the same manner as those allowed
by the
court of common pleas in criminal cases.
(B) The fees of sheriffs shall be the
same as those allowed
by
the court of common pleas in criminal
cases. Witnesses shall
be
paid the fees and mileage provided for
under section 119.094
of
the Revised Code. The fee and mileage
expenses incurred at
the
request of
the appellant shall be paid in
advance by the
appellant, and the
remainder of the expenses shall
be paid out of
funds appropriated
for the expenses of the
commission.
(C) In case of disobedience or neglect of any subpoena served
on
any person, or the refusal of any witness to testify to any
matter
regarding which the witness may be lawfully
interrogated,
the
court
of common pleas of the county in which the
disobedience,
neglect,
or refusal occurs, or any judge thereof,
on application
of the
commission or any member thereof, may
compel obedience by
attachment
proceedings for contempt as in the
case of disobedience
of the
requirements of a subpoena issued
from the court or a
refusal to
testify therein.
(D) A witness at any hearing shall testify under oath or
affirmation, which any member of the commission may
administer. A
witness, if the witness requests, shall be
permitted to be
accompanied,
represented, and advised by an attorney, whose
participation in
the hearing shall be limited to the protection of
the rights of
the witness, and who may not examine or
cross-examine witnesses.
A witness shall be advised of the right
to counsel before
the witness is interrogated.
(E) A stenographic record of the testimony and other evidence
submitted shall be taken by an official court shorthand reporter.
The record shall include all of the testimony and other evidence
and the rulings on the admissibility thereof presented at the
hearing. The commission shall pass upon the admissibility
of
evidence, but any party may at the time object to the admission
of
any evidence and except to the rulings of the
commission thereon,
and if the commission refuses
to admit evidence the party offering
same may make a proffer thereof, and such proffer shall be made a
part of the record of such hearing.
Any party may request the stenographic record of the
hearing.
Promptly after receiving such a request, the
commission shall
prepare and provide the stenographic record of the
hearing
to the
party who requested it. The commission may charge
a fee to the
party who requested the stenographic record that does not exceed
the cost to the commission for preparing and transcribing
it.
(F) If, upon completion of the hearing, the commission finds
that
the action appealed from was lawful and reasonable, it shall
make
a written order affirming the action, or if the commission
finds
that the
action was unreasonable or unlawful, it shall make
a
written
order vacating or modifying the action appealed from.
The commission shall issue a written order affirming,
vacating, or modifying an action pursuant to the following
schedule:
(1) For an appeal that was filed with the commission before
April 15, 2008,
the commission shall issue a written order not
later than
December 15, 2009.
(2) For all other appeals that have been filed with the
commission as of October 15, 2009, the commission shall issue a
written order not later than July 15, 2010.
(3) For an appeal that is filed with the commission after
October 15, 2009, the commission shall issue a written order not
later than twelve months after the filing of the appeal with the
commission.
(G)
Every
order made by the commission shall contain a
written
finding
by the
commission of the facts upon which the
order is based.
Notice of the
making of the order shall be given
forthwith to each
party to the
appeal by mailing a certified copy
thereof to each
party by
certified mail, with a statement of the
time and method
by which
an appeal may be perfected.
(H) The order of the commission is final unless vacated or
modified upon judicial review.
Section 2. That existing section 3745.05 of the Revised Code
is hereby repealed.
Section 3. That Section 279.10 of Am. Sub. H.B. 1 of the
128th General Assembly be amended to read as follows:
Sec. 279.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION
GRF |
172321 |
|
Operating Expenses |
|
$ |
487,000 637,000 |
|
$ |
487,000 637,000 |
TOTAL GRF General Revenue Fund |
|
$ |
487,000 637,000 |
|
$ |
487,000 637,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
487,000 637,000 |
|
$ |
487,000 637,000 |
Section 4. That existing Section 279.10 of Am. Sub. H.B. 1 of
the 128th General Assembly is hereby repealed.
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