Ohio Administrative Code|Rule 1513-3-22 | Appeals from commission decisions.

                                                

(A) Any party aggrieved or adversely
affected by a decision of the reclamation commission:

(1) In actions involving
coal mining and reclamation brought under Chapter 1513. of the Revised Code may
seek review of a commission decision in the court of appeals for the county in
which the activity addressed by the decision of the commission occurred, is
occurring, or will occur, or

(2) In actions involving
industrial minerals mining and reclamation and brought under Chapter 1514. of
the Revised Code may seek review of a commission decision in the court of
common pleas in the county where the operation addressed by the decision of the
commission is located or in the Franklin county court of common
pleas.

(B) Appeals must be filed within thirty
days of the issuance of the decision by the commission.

(C) Appeals of commission decisions shall
be filed in accordance with the provisions of the Ohio Rules of Appellate
Procedure.

(D) To perfect an appeal of a commission
decision, the appealing party shall:

(1) File a notice of
appeal with the commission within the time allowed for appeal;

(2) Serve a copy of the
notice of appeal to each party, or its counsel, at the last known address;
and

(3) File a directive with
the office of the commission requesting the transmission of the complete record
of proceedings before the commission to the appropriate appellate court. The
commission shall control the transcription and transmission of the
record.

(E) A notice of appeal from a commission
decision shall:

(1) Identify the party
appealing;

(2) Identify and attach
the decision of the commission being appealed;

(3) Identify the case
number assigned to the matter by the commission; and

(4) Identify the court to
which the appeal is taken.

(F) The expense of transcribing the
record of a hearing before the commission shall be borne by the party appealing
the decision of the commission.

(G) All matters remanded to the
commission shall be disposed of in accordance with the order of the reviewing
court.

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