§ 1514.09 — Representation on commission for appeals

Ohio § 1514.09

• Jurisdiction: Ohio
• Title 15: Conservation of Natural Resources
• Ch. 1514: Other Surface Mining

Text

The reclamation commission established pursuant to section1513.05of the Revised Code shall serve as the reclamation commission pursuant to this chapter. However, whenever the commission is considering any appeal pertaining to surface or in-stream mining, as distinguished from coal strip mining, the member representing the coal strip mine operators shall be replaced by a person who, by reason of the person's previous vocation, employment, or affiliations, can be classed as a representative of surface or in-stream mine operators, as applicable. The appointment of that person shall be made in accordance with section1513.05of the Revised Code, and the person's term shall be concurrent with that of the representative of the coal strip mine operators.

No party to an appeal brought under this section shall be eligible for an award of attorney's fees, costs, or expenses from the commission or any court.

Notwithstanding section1513.13of the Revised Code, an operator may appeal the determination of the chief of the division of mineral resources management that is made under division (D) of section1514.43of the Revised Code within ten days after the operator receives a copy of the determination.

Notwithstanding section1513.14of the Revised Code, appeals from an order of the commission pertaining to surface or in-stream mining may be taken to the court of common pleas of the county in which the operation is located, or to the court of common pleas of Franklin county.

Legislative History

Effective: April 6, 2007 | Latest Legislation: House Bill 443 - 126th General Assembly