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Ohio Revised Code

Ohio Rev. Code § 3745.04 (2026)

Appeals to review commission

✓ current as of May 2026
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Effective:
September 29, 2007
Latest Legislation:
House Bill 119 - 127th General Assembly
PDF:
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(A) As used in this section, "any person" means any individual, any partnership, corporation, association, or other legal entity, or any political subdivision, instrumentality, or agency of a state, whether or not the individual or legal entity is an applicant for or holder of a license, permit, or variance from the environmental protection agency, and includes any department, agency, or instrumentality of the federal government that is an applicant for or holder of a license, permit, or variance from the environmental protection agency.

As used in this section, "action" or "act" includes the adoption, modification, or repeal of a rule or standard, the issuance, modification, or revocation of any lawful order other than an emergency order, and the issuance, denial, modification, or revocation of a license, permit, lease, variance, or certificate, or the approval or disapproval of plans and specifications pursuant to law or rules adopted thereunder.

(B) Any person who was a party to a proceeding before the director of environmental protection may participate in an appeal to the environmental review appeals commission for an order vacating or modifying the action of the director or a local board of health, or ordering the director or board of health to perform an act. The environmental review appeals commission has exclusive original jurisdiction over any matter that may, under this section, be brought before it. However, the director has and retains jurisdiction to modify, amend, revise, renew, or revoke any permit, rule, order, or other action that has been appealed to the commission. The modification, amendment, revision, renewal, or revocation is subject to applicable public participation and public notice requirements and is subject to an appeal under this section or section 3745.07 of the Revised Code, as applicable. Not later than thirty days after the issuance of the modification, amendment, revision, renewal, or revocation, the director shall file with the commission and serve on each party to the existing appeal a statement notifying the commission and the party that the appealed action was revoked or describing how the appealed action was modified, amended, revised, or changed as part of a renewal, as applicable. A party to the existing appeal is deemed to have appealed such a modification, amendment, revision, renewal, or revocation upon filing with the commission and serving on all parties an objection to the modification, amendment, revision, renewal, or revocation. The objection shall be filed with the commission not later than thirty days after the director files the statement with the commission regarding the modification, amendment, revision, renewal, or revocation. The objection shall state any new grounds of appeal resulting from the modification, amendment, revision, renewal, or revocation. The commission shall not charge a fee for the filing of such an objection.

A person appealing to the commission shall be known as appellant, and the director and any party to a proceeding substantially supporting the finding from which the appeal is taken shall be known as appellee, except that when an appeal involves a license to operate a disposal site or facility, the local board of health or the director of environmental protection, and any party to a proceeding substantially supporting the finding from which the appeal is taken, shall, as appropriate, be known as the appellee. Appellant and appellee shall be deemed to be parties to the appeal.

(C) The director may appeal an action of a local board of health conducted under Chapter 3714. or 3734. of the Revised Code to the environmental review appeals commission for an order vacating or modifying the action of the board or may appeal to the commission for an order requiring the local board of health to perform an act.

(D) An appeal shall be in writing and shall set forth the action complained of and the grounds upon which the appeal is based.

The appeal shall be filed with the commission within thirty days after notice of the action. Notice of the filing of the appeal shall be filed with the appellee within three days after the appeal is filed with the commission.

The appeal shall be accompanied by a filing fee of seventy dollars, which the commission, in its discretion, may reduce if by affidavit the appellant demonstrates that payment of the full amount of the fee would cause extreme hardship.

Within seven days after receipt of the notice of an appeal filed under division (B) of this section, the director or local board of health, as applicable, shall prepare and certify to the commission a record of the proceedings out of which the appeal arises, including all documents and correspondence, and a transcript of all testimony.

Upon the filing of an appeal, the commission shall fix the time and place at which the hearing on the appeal will be held. The commission shall give the appellant and the appellee at least ten days' written notice thereof by certified mail. The commission shall hold the hearing within thirty days after the notice of appeal is filed. The commission may postpone or continue any hearing upon its own motion or upon application of the appellant or of the appellee.

The filing of an appeal does not automatically suspend or stay execution of the action appealed from. Upon application by the appellant, the commission may suspend or stay the execution pending immediate determination of the appeal without interruption by continuances, other than for unavoidable circumstances.

(E) As used in this section and sections 3745.05 and 3745.06 of the Revised Code, "director of environmental protection" and "director" are deemed to include the director of agriculture and "environmental protection agency" is deemed to include the department of agriculture with respect to actions that are appealable to the commission under Chapter 903. of the Revised Code.
Notes of Decisions
Cited in 42 cases (2 in the last 5 years), 1977–2026 · leading case: Trans Rail Am., Inc. v. Enyeart, 2009 Ohio 3624 (Ohio 2009).
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Trans Rail Am., Inc. v. Enyeart, 2009 Ohio 3624 (Ohio 2009). · cites it 114× “] Administrative procedure — Environmental Review Appeals Commission — Application for license for facility for disposal of construction and demolition debris — Appealability of determination that application is incomplete — R.C. 3745.04 — Requirement of finality. (No.”
New Boston Coke Corp. v. Tyler, 513 N.E.2d 302 (Ohio 1987). · cites it 11× “R.C. 3745.04 governs appeals of OEPA rulemaking to the Environmental Board of Review.”
Franklin Cnty. Reg'l Solid Waste Mgmt. Auth. v. Schregardus, 617 N.E.2d 761 (Ohio Ct. App. 1992). · cites it 8× “04 provides, in relevant part: “The appeal shall be in writing and shall set forth the action complained of and the grounds upon which the appeal is based.”
Waste Mgmt. of Ohio, Inc. v. Bd. of Health, 825 N.E.2d 660 (Ohio Ct. App. 2005). · cites it 5× “WMO argues that CUFA was not a “party,” as R.C. 3745.04 defines that term, in the underlying actions and, therefore, lacks standing to appeal ERAC’s decision.”
BCL Enter., Inc. v. Ohio Dep't of Liquor Control, 675 N.E.2d 1 (Ohio 1997). · cites it 2× “, R.C. 3745.04 (“The environmental board of review has exclusive original jurisdiction over any matter which may, under [R.”
Vill. of Albany v. Butler, 2018 Ohio 660 (Ohio Ct. App. 2018). · cites it 4× “07, when the director of environmental protection acts without issuing a proposed action, "any person who would be aggrieved or adversely affected" by the director's action may appeal to ERAC.”
Jackson Cnty. Env't Comm. v. Shank, 588 N.E.2d 153 (Ohio Ct. App. 1990). · cites it 7× “Ordinarily, appeals to the board arise under R.C. 3745.04 or 3745.07. R.C. 3745.04 provides in relevant part: "As used in this section, 'action' or 'act' includes the adoption, modification, or repeal of a rule or standard, the issuance* modification, or revocation of any lawful…”
Dayton Power & Light Co. v. Schregardus, 704 N.E.2d 589 (Ohio Ct. App. 1997). · cites it 4× “Pursuant to R.C. 3745.04, actions or acts of the director of Ohio EPA may be appealed to the ERAC.”
City of Olmsted Falls v. Jones, 787 N.E.2d 669 (Ohio Ct. App. 2003). · cites it 2× “R.C. 3745.04 governs appeals to ERAC and provides: {¶ 17} “Any person who was a party to a proceeding before the director may participate in an appeal to the environmental review appeals commission for an order vacating or modifying the action of the director of environmental…”
Trans Rail Am., Inc. v. Enyeart, 933 N.E.2d 349 (Ohio Ct. App. 2010). · cites it 9× “” R.C. 3745.04(A) defines “act” or “action” to “include! ] the adoption, modification, or repeal of a rule or standard, the issuance, modification, or revocation of any lawful order other than an emergency order, and the issuance, denial, modification, or revocation of a…”
Youngstown Sheet & Tube Co. v. Maynard, 488 N.E.2d 220 (Ohio Ct. App. 1984). · cites it 2× “Appeals to the EBR are governed by R.C. 3745.04 which states, in part: “As used in this section, ‘any person’ means any individual, any partnership, corporation, association, or other legal entity, or any political subdivision, instrumentality, or agency of a state, whether or…”
State ex rel. Lucas Cty. Bd. of Commrs. v. Ohio Env't Prot. Agency, 2000 Ohio 282 (Ohio 2000). “In his decision, the director notified Lucas County that his action was final and that the decision could be appealed within thirty days to the Environmental Review Appeals Commission under R.C. 3745.04. The director specified that the tracker, except for the data fields that he…”
Show all 42 citing cases →
— Ohio Rev. Code § 3745.04(A) — 3 cases
Trans Rail Am., Inc. v. Enyeart, 2009 Ohio 3624 (Ohio 2009). “] Administrative procedure — Environmental Review Appeals Commission — Application for license for facility for disposal of construction and demolition debris — Appealability of determination that application is incomplete — R.C. 3745.04 — Requirement of finality. (No.”
Trans Rail Am., Inc. v. Enyeart, 933 N.E.2d 349 (Ohio Ct. App. 2010). “” R.C. 3745.04(A) defines “act” or “action” to “include! ] the adoption, modification, or repeal of a rule or standard, the issuance, modification, or revocation of any lawful order other than an emergency order, and the issuance, denial, modification, or revocation of a…”
State ex rel. Rocky Ridge, L.L.C. v. Winters (Slip Opinion), 2017 Ohio 7678 (Ohio 2017).
— Ohio Rev. Code § 3745.04(B) — 10 cases
Trans Rail Am., Inc. v. Enyeart, 2009 Ohio 3624 (Ohio 2009). “] Administrative procedure — Environmental Review Appeals Commission — Application for license for facility for disposal of construction and demolition debris — Appealability of determination that application is incomplete — R.C. 3745.04 — Requirement of finality. (No.”
Vill. of Albany v. Butler, 2018 Ohio 660 (Ohio Ct. App. 2018). “07, when the director of environmental protection acts without issuing a proposed action, "any person who would be aggrieved or adversely affected" by the director's action may appeal to ERAC.”
Trans Rail Am., Inc. v. Enyeart, 933 N.E.2d 349 (Ohio Ct. App. 2010). “” R.C. 3745.04(A) defines “act” or “action” to “include! ] the adoption, modification, or repeal of a rule or standard, the issuance, modification, or revocation of any lawful order other than an emergency order, and the issuance, denial, modification, or revocation of a…”
State Ex Rel. Voleck v. Vill. of Powhatan Point, 2010 Ohio 5679 (Ohio 2010).
Patriot Water Treatment, L.L.C. v. Ohio Dept. of Nat. Resources, 2013 Ohio 5398 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 3745.04(D) — 3 cases
Trans Rail Am., Inc. v. Enyeart, 2009 Ohio 3624 (Ohio 2009). “] Administrative procedure — Environmental Review Appeals Commission — Application for license for facility for disposal of construction and demolition debris — Appealability of determination that application is incomplete — R.C. 3745.04 — Requirement of finality. (No.”
Wallace v. Nally, 2015 Ohio 4146 (Ohio Ct. App. 2015).
Oxford Mining Co., L.L.C. v. Nally, 2015 Ohio 182 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 3745.04(E) — 1 case
Ohio Fresh Eggs, L.L.C. v. Boggs, 917 N.E.2d 833 (Ohio Ct. App. 2009).
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