Ohio Admin. Code 3745-47-19

Current through all regulations passed and filed through May 6, 2024
Section 3745-47-19 - Emergency orders
(A) When the director has determined that an emergency exists and has ordered that such action be taken as is necessary to meet the emergency pursuant to division (B) of section 3714.12, division (B) of section 3734.13, division (B) of section 6109.05, or division (C) of section 6111.06 of the Revised Code, any person to whom such order is directed may request an adjudication hearing. Notwithstanding a request for an adjudication hearing, emergency orders shall be effective immediately. Immediately upon receipt of such request, the hearing examiner shall convene an adjudication hearing within the applicable time period specified in division (B) of section 3714.12, division (B) of section 3734.13, division (B) of section 6109.05, or division (C) of section 6111.06 of the Revised Code to consider the issues raised by the adjudication hearing request. The director shall give priority to consideration of the hearing examiner's report and recommendation and shall not await written objections of the parties before issuing a decision. To the extent that other rules of this chapter conflict with this rule or would cause delay in an emergency adjudication hearing, the other rules shall not be applicable to adjudication proceedings under this rule.
(B) Proceedings pursuant to the declaration of an air pollution emergency under section 3704.032 of the Revised Code shall not be subject to this chapter.

Ohio Admin. Code 3745-47-19

Effective: 2/26/2024
Five Year Review (FYR) Dates: 11/30/2023 and 11/30/2028
Promulgated Under: 119.03
Statutory Authority: 3704.03, 3714.02, 3734.02, 3734.021, 3734.12, 3734.70, 3734.71, 3734.72, 3734.73, 3734.74, 3745.01, 3746.04, 3751.02, 3752.03, 3753.02, 6109.04, 6111.03, 6111.041
Rule Amplifies: 119.06, 119.07, 119.08, 119.09, 3745.07
Prior Effective Dates: 07/05/1973, 06/30/1981, 04/02/2012