Ohio Administrative Code|Rule 1513-3-01 | Definitions.

                                                
(A) "Adjudication hearing"
		  means a trial-type proceeding at which the parties may introduce evidence
		  relevant to the resolution of a disputed issue of fact.
(B) "Amicus curiae" means a
		  "friend of the court." The participation of a non-party amicus curiae
		  is addressed under paragraph (F) of rule 1513-3-07 of the Administrative
		  Code.
(C) "Appellant" means any person filing an appeal
		  with the reclamation commission for the review of an action of the division
		  chief.
(D) "Appellee" means the division of mineral
		  resources management.
(E) "Burden of persuasion" means proof by a
		  preponderance of the evidence.
(F) "Chief" means the chief of the division of
		  mineral resources management.
(G) "Commission" means the reclamation
		  commission, as established by section 1513.05 of the Revised Code.
(H) "Division" means the division of mineral
		  resources management.
(I) "Discovery" means the ascertainment of
		  information pursuant to rule 1513-3-10 of the Administrative Code.
(J) "Ex parte communication"
		  means a communication between the commission and one party to an appeal,
		  without the inclusion of other parties to the appeal. Ex parte contacts and
		  communications are addressed, and prohibited, under paragraph (G) of rule
		  1513-3-03 of the Administrative Code.
(K) "Final order" means a written decision of the
		  commission, which resolves the matters presented in an appeal, which is issued
		  in accordance with rule 1513-3-19 of the Administrative Code, and which is
		  appealable to the courts pursuant to section 1513.14 or section 1514.09 of the
		  Revised Code.
(L) "Full party" means the appellant, the
		  appellee and any intervenor participating in an appeal pursuant to paragraph
		  (C) of rule 1513-3-07 of the Administrative Code.
(M) "Hearing officer" means a person designated
		  by the reclamation commission pursuant to section 1513.05 of the Revised Code
		  to conduct hearings or perform other duties as directed by the
		  commission.
(N) "In camera" means in
		  private rather than in open hearing. In camera procedures are addressed under
		  paragraph (C) of rule 1513-3-16 of the Administrative Code.
(O) "Interested persons in an appeal pending before
		  the commission" are the appellant, the appellee, any intervenors and any
		  other persons who have notified the commission of an interest in a pending
		  appeal and have requested to be notified of hearings in said pending
		  appeal.
(P) "Intervenor" means any person granted the
		  right to intervene pursuant to rule 1513-3-07 of the Administrative
		  Code.
(Q) "Person" means any individual, partnership,
		  limited liability company, corporation, association, or other legal entity, or
		  any political subdivision, instrumentality, or agency of this state or the
		  United States.
(R) "Proffer" means to offer or tender testimony
		  or documents or other tangible objects into evidence.
(S) "Pro hac vice" means "for one particular
		  case," and addresses the ability of an out-of-state attorney to appear in
		  an appeal before the commission pursuant to paragraphs (A) and (C) of rule
		  1513-3-03 of the Administrative Code.
(T) "Regular business hours" for the reclamation
		  commission means ten a.m. to six p.m., Monday through Friday, except for state
		  holidays as defined in section 124.19 of the Revised Code or other days in
		  which offices of the government of the state of Ohio are permitted to close due
		  to weather, safety or other unforeseeable events which present a risk to the
		  public or to the commission employees. In the event of the absence of the
		  office staff, contact information for the chairperson and vice-chairperson of
		  the commission will be prominently posted at the commission
		  offices.
(U) "Rules of the reclamation commission" means
		  rules 1513-3-01 to 1513-3-22 of the Administrative Code and shall apply to
		  appeals filed under both Chapters 1513. and 1514. of the Revised Code, unless
		  specifically provided otherwise.
(V) "Subpoena ad testificandum" means a subpoena
		  for the appearance and testimony of a witness, and is addressed under paragraph
		  (I) of rule 1513-3-02 of the Administrative Code. 
(W) "Subpoena duces tecum" means a subpoena
		  requiring a witness to produce documents or other items at hearing and is
		  addressed under paragraph (I) of rule 1513-3-02 of the Admininstrative Code.