Ohio Administrative Code Title 3746 - Environmental Review Appeals Commission
Ohio Administrative Code – Title 3746: Environmental Review Appeals Commission
Overview:
Title 3746 of the Ohio Administrative Code establishes the rules governing the Environmental Review Appeals Commission (ERAC). This commission is responsible for hearing and adjudicating appeals related to environmental permits, orders, and actions issued by Ohio environmental regulatory agencies, including:
Ohio Environmental Protection Agency (Ohio EPA)
State Fire Marshal (concerning Bureau of Underground Storage Tank Regulations - BUSTR)
Other state agencies issuing environmentally related determinations
Key Provisions Typically Found in Title 3746 Include:
Definitions and Scope
Clarifies terms used throughout the title
Establishes the types of decisions that may be appealed to ERAC
Filing an Appeal
Time limits for filing (often 30 days from the issuance of the original agency action)
Requirements for the notice of appeal (must include specific language and be properly served)
Procedural Rules
Hearing procedures (evidentiary hearings, subpoenas, discovery)
Motion practice
Pre-hearing conferences
Intervention by third parties
Decisions and Orders
How the Commission issues decisions
Standards for reconsideration or rehearing
Judicial review (appeals of ERAC decisions to the Court of Appeals)
General Administrative Provisions
Representation by attorneys
Conduct of parties
Official record maintenance
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