Ohio Environmental Review Appeals Commission
If you have an appeal before ERAC, take note!
As part of Ohio's Budget Bill, Am. H.B. 1, amendments were made to Ohio Revised Code 3745.05(F) which placed strict time limits on the Ohio Environmental Review Appeals Commission. The amendments mandates that the Commission issue a written order affirming, vacating or modifying the action appealed no later than the following schedule (1) December 15, 2009 for appeals filed before April 15, 2008, or (2) July 15, 2010 for appeals filed between April 15, 2008 and October 15, 2009, or (3) one year not later than twelve months after the filing of the appeal.
Due to these statutory amendments, the Commission is now issuing orders limiting de novo hearings to one hour total, split among the parties. No discovery or dispositive motions, requests for continuance of hearing date or extensions of applicable deadlines will be considered or ruled upon by the commission. Parties must file a case summary 5 days before the hearing date. The case summary shall not exceed pages and must contain the assignments of error for review, a statement of facts and citations of pertinent authorities. Some cases are being scheduled for hearing within a few weeks of notice of same.
There is a movement to amend the statute due to due process and constitutionality concerns. Time will tell -- the first hearings are scheduled for mid-September.
