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Appeal Process

  1. Final action is taken by:
    • The Director of the Ohio Environmental Protection Agency; or
    • The Director of the Ohio Department of Agriculture; or
    • The State Fire Marshal; or
    • The State Emergency Response Commission; or
    • County and local boards of health.
  2. File an appeal with the Commission within thirty (30) days of notice or issuance of the final action, along with a $70 filing fee. Also, you must serve a copy of the notice of appeal on the Appellee(s) within three (3) days of filing with the Commission.  For more information, read “How to File an Appeal” and ERAC’s rules.
  3. The Commission reviews the appeal and assigns the appeal a case number; issues an order docketing the appeal; and schedules a preliminary prehearing conference.
  4. Within seven (7) days after receipt of the notice of appeal, counsel representing the entity that issued the final action will file an Answer and Notice of Appearance. (See OAC 3746-5-08). 
  5. The issuer of the final action must file a certified record within seven (7) days after receipt of the Notice of Appeal. (See OAC 3746-5-12).
  6. A preliminary prehearing conference is generally held within thirty (30) to forty (40) days after the Commission dockets the Notice of Appeal. A prehearing conference is an informal conference, held either in person or by telephone, during which the parties discuss the issues of the case and how they wish to proceed. Following the prehearing conference, the parties are given an opportunity to discuss possible settlement. Finally, after the prehearing conference, the Commission will memorialize in writing what was discussed at the prehearing conference.
  7. The case may be placed on a joint status reporting schedule. If it is clear that the matter cannot be settled, the parties are requested to establish a joint case management schedule, in which a de novo hearing will be scheduled. All prehearings and hearings are open to the public.
  8. If a de novo hearing is held, the Commission will issue Findings of Fact, Conclusions of Law and a Final Order.
  9. After the Final Order is rendered, any party may appeal the Commission's final decision to the Tenth Appellate District Court of Appeals, or if the appeal arises from an alleged violation of a law or regulation, to the court of appeals of the district in which the violation was alleged to have occurred. (See OAC 3746-13-01).
  10. If the Commission's final decision is appealed to the court of appeals, the Commission has twenty (20) days to prepare and certify its Record of Proceedings to the court.
  11. Any final decision of the court of appeals may be appealed to the Supreme Court of Ohio.

 

This website is offered for informational purposes only. It is not intended to be nor should it be interpreted as legal advice.
Employees of the Environmental Review Appeals Commission are prohibited from providing you legal advice of any kind.

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