Bill Text: OH HB324 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-10-21 - To Finance & Appropriations [HB324 Detail]

Download: Ohio-2009-HB324-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 324

Representative Yates 

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A BILL

To amend section 3745.05 of the Revised Code and to

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amend Section 279.10 of Am. Sub. H.B. 1 of the

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128th General Assembly to eliminate the schedule

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in accordance with which the Environmental Review

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Appeals Commission must issue written orders

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concerning certain actions that were filed with

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the Commission and to make an appropriation.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3745.05 of the Revised Code be	8
amended to read as follows:	9

Sec. 3745.05. (A) In hearing the appeal, if an adjudication	10
hearing was conducted by the director of environmental protection	11
in accordance with sections 119.09 and 119.10 of the Revised Code	12
or conducted by a board of health, the environmental review	13
appeals commission is confined to the record as certified to it by	14
the director or the board of health, as applicable. The commission	15
may grant a request for the admission of additional evidence when	16
satisfied that such additional evidence is newly discovered and	17
could not with reasonable diligence have been ascertained prior to	18
the hearing before the director or the board, as applicable. If no	19
adjudication hearing was conducted in accordance with sections	20
119.09 and 119.10 of the Revised Code or conducted by a board of	21
health, the commission shall conduct a hearing de novo on the	22
appeal.	23

For the purpose of conducting a de novo hearing, or where the	24
commission has granted a request for the admission of additional	25
evidence, the commission may require the attendance of witnesses	26
and the production of written or printed materials.	27

When conducting a de novo hearing, or when a request for the	28
admission of additional evidence has been granted, the commission	29
may, and at the request of any party it shall, issue subpoenas for	30
witnesses or for books, papers, correspondence, memoranda,	31
agreements, or other documents or records relevant or material to	32
the inquiry directed to the sheriff of the counties where the	33
witnesses or documents or records are found, which subpoenas shall	34
be served and returned in the same manner as those allowed by the	35
court of common pleas in criminal cases.	36

(B) The fees of sheriffs shall be the same as those allowed	37
by the court of common pleas in criminal cases. Witnesses shall	38
be paid the fees and mileage provided for under section 119.094	39
of the Revised Code. The fee and mileage expenses incurred at	40
the request of the appellant shall be paid in advance by the	41
appellant, and the remainder of the expenses shall be paid out of	42
funds appropriated for the expenses of the commission.	43

(C) In case of disobedience or neglect of any subpoena served	44
on any person, or the refusal of any witness to testify to any	45
matter regarding which the witness may be lawfully interrogated,	46
the court of common pleas of the county in which the	47
disobedience, neglect, or refusal occurs, or any judge thereof,	48
on application of the commission or any member thereof, may	49
compel obedience by attachment proceedings for contempt as in the	50
case of disobedience of the requirements of a subpoena issued	51
from the court or a refusal to testify therein.	52

(D) A witness at any hearing shall testify under oath or	53
affirmation, which any member of the commission may administer. A	54
witness, if the witness requests, shall be permitted to be	55
accompanied, represented, and advised by an attorney, whose	56
participation in the hearing shall be limited to the protection of	57
the rights of the witness, and who may not examine or	58
cross-examine witnesses. A witness shall be advised of the right	59
to counsel before the witness is interrogated.	60

(E) A stenographic record of the testimony and other evidence	61
submitted shall be taken by an official court shorthand reporter.	62
The record shall include all of the testimony and other evidence	63
and the rulings on the admissibility thereof presented at the	64
hearing. The commission shall pass upon the admissibility of	65
evidence, but any party may at the time object to the admission of	66
any evidence and except to the rulings of the commission thereon,	67
and if the commission refuses to admit evidence the party offering	68
same may make a proffer thereof, and such proffer shall be made a	69
part of the record of such hearing.	70

Any party may request the stenographic record of the hearing.	71
Promptly after receiving such a request, the commission shall	72
prepare and provide the stenographic record of the hearing to the	73
party who requested it. The commission may charge a fee to the	74
party who requested the stenographic record that does not exceed	75
the cost to the commission for preparing and transcribing it.	76

(F) If, upon completion of the hearing, the commission finds	77
that the action appealed from was lawful and reasonable, it shall	78
make a written order affirming the action, or if the commission	79
finds that the action was unreasonable or unlawful, it shall make	80
a written order vacating or modifying the action appealed from.	81

The commission shall issue a written order affirming,	82
vacating, or modifying an action pursuant to the following	83
schedule:	84

(1) For an appeal that was filed with the commission before	85
April 15, 2008, the commission shall issue a written order not	86
later than December 15, 2009.	87

(2) For all other appeals that have been filed with the	88
commission as of October 15, 2009, the commission shall issue a	89
written order not later than July 15, 2010.	90

(3) For an appeal that is filed with the commission after	91
October 15, 2009, the commission shall issue a written order not	92
later than twelve months after the filing of the appeal with the	93
commission.	94

(G) Every order made by the commission shall contain a	95
written finding by the commission of the facts upon which the	96
order is based. Notice of the making of the order shall be given	97
forthwith to each party to the appeal by mailing a certified copy	98
thereof to each party by certified mail, with a statement of the	99
time and method by which an appeal may be perfected.	100

(H) The order of the commission is final unless vacated or	101
modified upon judicial review.	102

Section 2. That existing section 3745.05 of the Revised Code	103
is hereby repealed.	104

Section 3. That Section 279.10 of Am. Sub. H.B. 1 of the	105
128th General Assembly be amended to read as follows:	106

Sec. 279.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

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General Revenue Fund	108

GRF	172321		Operating Expenses		$	487,000 637,000		$	487,000 637,000		109
TOTAL GRF General Revenue Fund					$	487,000 637,000		$	487,000 637,000		110
TOTAL ALL BUDGET FUND GROUPS					$	487,000 637,000		$	487,000 637,000		111

Section 4. That existing Section 279.10 of Am. Sub. H.B. 1 of	113
the 128th General Assembly is hereby repealed.	114