Ohio Administrative Code|Rule 1513-3-04 | Appeals to the reclamation commission.

                                                
(A) Any person exercising their right to
		  appeal to the reclamation commission under section 1513.13 of the Revised Code
		  shall file such appeal to the commission pursuant to this rule.
(B) A notice of appeal
		  shall:
(1) Be in writing and may
			 be in the form of a letter or a legal pleading;
(2) Identify the name,
			 address, telephone number and email address, if available, of the
			 appellant;
(3) Identify the name,
			 address, telephone number and email address, if available, of appellant's
			 counsel, if appellant is represented by counsel;
(4) Identify the notice,
			 order or decision of the chief of the division of mineral resources management
			 to be reviewed, and include a copy of the written notice, order or decision to
			 be reviewed;
(5) Pursuant to section 1513.13 of the
			 Revised Code, identify the grounds upon which review is being sought, the
			 manner in which appellant is aggrieved or adversely affected by the action of
			 the chief of the division of mineral resources management and the relief sought
			 on appeal;
(6) Be signed by the appellant or by an
			 attorney admitted to practice before the supreme court of Ohio, or an attorney
			 admitted to practice by the commission pursuant to a motion to appear pro hac
			 vice, and
(7) Where review of the
			 assessment of a civil penalty is sought, the appellant shall comply with the
			 requirements of section 1513.02 of the Revised Code and shall include and
			 forward to the commission the amount of the penalty for placement in a penalty
			 fund.
(C) A notice of appeal may:
(1) Identify the area to
			 which the notice, order or decision relates;
(2) State whether or not
			 the appellant requests that the commission view the site in question;
			 and
(3) State whether or not
			 the appellant waives its right to have a hearing held within the time
			 requirements set forth under division (B) of section 1513.13 of the Revised
			 Code.
(D) Failure to comply with the provisions of section
		  1513.13 of the Revised Code governing the filing of appeals with the commission
		  shall be sufficient basis for dismissing the appeal. The effect of such a
		  dismissal shall be to leave in effect the action of the chief of the division
		  of mineral resources management from which the dismissed appeal has been made
		  and shall not constitute an affirmance of said action by the
		  commission.
(E) Filing of the notice of appeal.
(1) The notice of appeal
			 shall be filed within thirty days after service of the notice, order or
			 decision by the chief of the division of mineral resources management and shall
			 be filed in accordance with paragraph (B) of rule 1513-3-05 of the
			 Administrative Code.
(2) Where review of the
			 approval of disapproval of a permit application is sought, the appellant shall
			 comply with the requirements of section 1513.07 of the Revised Code and shall
			 file such notice within thirty days of notification of the final decision of
			 the chief of the division of mineral resources management on the permit
			 application.
(3) The original and one copy of the
			 notice of appeal shall be filed with the reclamation commission.
(4) A notice of appeal
			 shall be deemed filed when a complete notice in compliance with the rules of
			 this chapter is determined to be filed with the commission under the provisions
			 of paragraph (B) of rule 1513-3-05 of the Administrative Code.
(5) A copy of the notice of appeal shall
			 be filed with the chief of the division of mineral resources management within
			 three days of the filing of such notice with the commission.
(F) A notice of appeal may be amended
		  without leave of the commission during the time allowed for original filing or
		  a notice of appeal may be amended by leave of the commission at any time after
		  the time allowed for original filing. Amendment of a notice of appeal may not
		  be employed to cure jurisdictional defects in the filing, unless the amendment
		  is filed within the time allowed for original filing of the notice of
		  appeal.