Department of Natural Resources - Orders of the Chief - Orders of the chief.

Published: 2005-01-16

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(A) All orders of the chief are subject to appeal pursuant to Chapter 119. of the Revised Code. Such an appeal or request for hearing must be filed in strict compliance with the provisions therein specified.

(B) Notice of a chief's order shall be sent to the affected party by registered or certified mail, return receipt requested, not later than the business day next succeeding such order. Such notice shall state the reasons for the chief's action, cite the law or rule directly involved, and state that the party will be afforded a hearing if requested, in writing, within thirty days of the time of mailing the notice.

(C) Whenever a party requests a hearing pursuant to provisions of Chapter 119. of the Revised Code, the chief shall immediately set the date, time, and place for such hearing and forthwith notify the party thereof. The date for such hearing shall be within fifteen days, but not earlier than seven days, after the party has requested a hearing, unless otherwise agreed to by both the chief and the party.

(D) Any party adversely affected by an order of the chief issued pursuant to adjudication may appeal to the court of common pleas of Franklin county. Any such notices of appeal shall be filed within fifteen days after the mailing of the notice of the chief's order.

(E) The filing of an appeal does not automatically stay the effectiveness of the orders of the chief, and until such time as the orders are reversed or otherwise declared unlawful, or a stay of the orders is granted by a court of competent jurisdiction, the orders shall remain in full force and effect.