Ohio Admin. Code 3750-75-09 - Decision by emergency response commission regarding a lock box application from a local emergency planning committee
(A) Fourteen days prior to a meeting where
commission will consider an application for the issuance of a lock box order,
the commission will provide a copy of the meeting agenda, return receipt
requested, to the facility, the applying fire department, and the forwarding
committee.
(B) The emergency
response commission shall vote to grant or deny the issuance of a lock box
order within two commission meetings at which a quorum of voting members is
present after the date on which a complete application for the issuance of a
lock box order is received.
(1) The
commission shall issue an order requiring the placement of the lock box when
sixty per cent or more of the voting members of the commission determine that
the application has met the criteria set forth in rule
3750-75-10
of the Administrative Code and have voted to approve the application.
(2) The commission shall issue an
order denying an application for the issuance of a lock box order if voting
members of the commission determine that the criteria set fourth in rule
3750-75-10
of the Administrative Code has not been met, and/or when less than sixty per
cent of the voting members of the commission vote to approve the application
for the issuance of an order requiring the placement of a lock box.
(3) If the commission determines that the
application, or information presented at the meeting, needs further evaluation,
then the commission may approve a motion to delay a vote on the application for
the issuance of a lock box order until its next regularly scheduled meeting.
(4) If the commission determines
that an application for the issuance of a lock box order is incomplete, the
commission shall notify the committee and fire department in writing within
sixty days of the nature of the deficiencies. No action shall be taken on an
incomplete application until the deficiencies have been addressed.
(C) Within sixty days of the date
on which the commission either voted to grant or deny the issuance of a lock
box order, the commission shall mail by certified mail, return receipt
requested, a copy of the order approving or denying the placement and
maintenance of a lock box, to the committee, fire department, and facility
affected by the order.
(D) An
order of the commission granting or denying an application for the placement of
a lock box may be appealed to the environmental review appeals commission in
accordance with section
3750.19 of the Revised Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(6)
Rule Amplifies: 3750.11(D)
Prior Effective Dates: 09/01/1998
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(6)
Rule Amplifies: 3750.11(D)
Prior Effective Dates: 9/1/98
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