Ohio Administrative Code Title 1513 - Reclamation Commission
Here’s an overview of Ohio Administrative Code (OAC) Title 1513 – Reclamation Commission, which sets out the rules and procedures for the state’s reclamation Commission:
🏛️ Statutory Authority (Ohio Revised Code)
Section 1513.05 creates the Reclamation Commission, a body of 7 governor-appointed members (plus 2 extra for mine safety appeals). Members serve five-year terms (June 29–June 28) and appointments require governor + Senate consent (codes.ohio.gov).
Section 1513.13 defines the Commission’s jurisdiction: it hears appeals of orders or decisions by the Chief, including violations, penalties, permit decisions, cessation orders, and performance-bond release decisions. It outlines appeal timelines, hearing requirements, and when temporary relief may be granted (codes.ohio.gov).
📘 Administrative Rules (OAC Chapter 1513‑3)
Chapter 1513‑3 contains 22 rules governing process, procedures, and internal administration. Key provisions include:
1513-3-01 to 1513-3-03 – Definitions, quorum rules, hearing officers, ex‑parte communications, amicus curiae, pro hac vice, subpoenas, etc.
A quorum is four members; decisions require at least four agreeing votes (codes.ohio.gov).
1513-3-04 – Rules for filing appeals: written notices must include grounds, relevant decision, appellant info, and penalty funds if applicable; must be filed and served within 30 days (regulations.justia.com).
1513-3-05 – Filing and service rules: acceptable filing methods (mail, personal, fax with hard-copy), filing dates and service requirements (federalregister.gov).
1513-3-09 – Responsive pleadings: Commission may order responses; deadlines are generally 10 days (codes.ohio.gov).
1513-3-14 – Site views: parties can request Commission to inspect the site; safety equipment and notice requirements apply (law.cornell.edu).
1513-3-16 – Evidentiary hearings: hearings must be conducted so that a full decision can be made on all issues (codes.ohio.gov).
1513-3-19 – Final decision format and timing: decisions must include findings, conclusions, and an order; must be signed, mailed by certified mail; clerical errors may be corrected; penalty funds must be remitted or transferred per statutory standards (law.cornell.edu).
1513-3-21 to 3-22 – Awards for costs and expenses, and appeals from Commission decisions to courts (e.g., county Court of Appeals within 30 days) (codes.ohio.gov).
⚖️ Practical Operation of the Commission
The Commission is an administrative appeals tribunal under OAC 1513‑3, reviewing actions of the Chief of the Division of Mineral Resources Management (federalregister.gov).
It issues written rulings affirming, modifying, vacating, or remanding decisions, according to defined timelines (e.g., within 30 days for cessation orders, within 60 days for performance bond appeals) .
✅ Summary Table
| Topic | Key Points |
|---|---|
| Commission composition | 7 members + 2 mine‑safety members, 5‑year terms (codes.ohio.gov) |
| Appeals jurisdiction | Violation orders, penalties, permits, bond releases, cessation orders |
| Filing requirements | 30‑day filing deadline, written notice with details & fees |
| Procedure rules | Quorum = 4, pleadings, site views, subpoenas, hearings, decisions |
| Decisions & outcomes | Must include findings, conclusions, order; certified mail; corrected if clerical |
| Further appeals | 30 days to Court of Appeals/Common Pleas |
📍 Where to Find the Rules
The Ohio Administrative Code (OAC) Title 1513, Chapter 1513‑3 (sections .01–.22) is the official source.
The Ohio Revised Code § 1513.05 and § 1513.13 establish the Commission and its statutory authority.
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