APPEALS PROCESS
Who can file an appeal?
Only a tank
owner may appeal a determination of the Director.
Which
determinations can be appealed?
The
following determinations may be appealed:
·
orders to pay fees
·
denials of certificates of coverage
·
deductible determinations
·
eligibility determinations
·
claim settlement offers
How do I
file an appeal?
There are no
special forms related to appeals. You may file an appeal by sending a
letter stating your intent to the Board’s address, or you may email an
appeal to
objections@petroboard.org (emails sent to any other email address
will not be accepted). Make certain your appeal references the claim
number or owner number stated in the original determination. The Board
must receive appeals within 30 days from when the determination is issued,
(identified on the correspondence of the determination). Please note: the
issue date is not the same as the receipt date.
What are the appeal
procedures?
Upon receipt
of a timely filed appeal, the Board will instruct its Hearing Officer, an
independent attorney it hires, to conduct an adjudication hearing. You
will be given advance notice of the hearing date. All hearings are held
at the Board’s offices in Westerville, Ohio, and are conducted by the Hearing
Officer in accordance with the requirements of
Chapter 119
of
the Ohio Revised Code.
What if I
need more time?
If you are
unable to attend the hearing at the designated time, you may file a
request for a continuance by sending correspondence to the Board stating
the reason for the request. A continuance request should be sent at the
earliest opportunity. The Hearing Officer will decide whether to grant
such requests or not.
Do
I need an attorney for the hearing?
If a tank owner is a corporation, or a limited partnership, it must be
represented by an attorney at the hearing. If it is a sole proprietor, an
attorney is not required but is often helpful. If you have questions about
whether an attorney will be required, you are encouraged to contact the
Board’s office.
Will
I be able to present my case?
Yes, tank
owners and their attorneys may present evidence, question witnesses, and
present arguments at the hearing, or they may elect to present their
position in writing. They may also subpoena witnesses, but the Board must
receive requests for subpoenas no later than 14 days prior to the hearing.
What
happens after the hearing?
Following
the hearing, the Hearing Officer reviews evidence and arguments made by
each party. He sets forth his findings of fact, conclusions of law, and a
recommendation in a written report to the Board. You will receive a copy
of the report and recommendation and will have ten days from receipt to
file any objections to it. The Board will review the report and
recommendation and any objections at one of its regularly scheduled
meetings. You will be given advance notice of that meeting date and may
attend if you wish. At such meetings, the Board occasionally asks
questions of appellants and allows them to speak about their appeal, but
it is not obligated to do so. Board members will discuss the appeal and
vote to approve, modify, or disapprove the Hearing Officer’s report and
recommendation.
If I
disagree with the Board’s decision, may I appeal it?
Yes, the
Board’s decision to approve, modify, or disapprove the report and
recommendation may be appealed to the court of common pleas of the county
in which the tanks are located, pursuant to
Section 119.12
of the Ohio Revised Code.
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