Ohio Administrative Code Title 5512 - Transportation Review Advisory Council
Ohio Administrative Code (OAC) Title 5512 — Transportation Review Advisory Council (TRAC)
1. Overview of Title 5512 OAC
Title 5512 of the Ohio Administrative Code establishes the rules and procedures governing the Transportation Review Advisory Council (TRAC). TRAC is an entity created under Ohio law tasked with reviewing, prioritizing, and recommending funding for major transportation projects within the state, particularly those involving highways, bridges, and major infrastructure improvements.
The Council’s goal is to ensure that state transportation funds are allocated efficiently and in accordance with legislative mandates and transportation policy priorities.
2. Authority and Purpose
The TRAC operates under authority granted by the Ohio Revised Code (ORC), specifically sections related to transportation funding and planning. Its functions include:
Reviewing applications for funding of transportation projects that exceed a certain cost threshold (commonly projects costing over $12 million).
Evaluating projects based on criteria such as safety, economic development impact, congestion relief, environmental considerations, and cost-benefit analysis.
Prioritizing projects and recommending to the Ohio Department of Transportation (ODOT) which projects should receive funding.
Ensuring transparency and accountability in the selection process.
The rules in Title 5512 OAC provide the procedural framework for these functions, including:
Membership and organization of the Council
Project application and submission requirements
Criteria and scoring methods used in project evaluations
Public participation and hearings
Reporting and appeals processes
3. Key Provisions of Title 5512 OAC
A. Membership and Meetings
The Council is typically composed of representatives from various state agencies, local governments, and the public.
Meetings are generally open to the public, with agendas and minutes maintained.
Decision-making requires a quorum and often a majority vote.
B. Project Submission and Review Process
Local governments or state agencies submit detailed project proposals for review.
Projects must meet minimum criteria to be considered (e.g., cost threshold, alignment with transportation plans).
TRAC staff performs preliminary screening, followed by Council review.
C. Evaluation Criteria
Projects are scored based on a variety of factors, including but not limited to:
Safety improvements: Reduction in accidents or hazards.
Economic development: Potential for job creation, business growth.
Mobility and congestion relief: Impact on traffic flow.
Environmental impact: Compliance with environmental standards.
Cost effectiveness: Benefit-cost ratio.
D. Funding Recommendations
The Council makes funding priority recommendations to ODOT.
ODOT has final authority but generally follows TRAC recommendations.
Projects are ranked, and funding is allocated according to available resources.
E. Appeals and Dispute Resolution
Applicants denied funding or disputing rankings may request reconsideration.
Procedures for appeal or review are set forth, ensuring fairness.
4. Enforcement and Compliance
Once projects are approved and funded, recipients must comply with state and federal regulations governing project execution.
ODOT monitors progress, expenditures, and compliance.
Failure to comply may result in funding withdrawal or other sanctions.
5. Relevant Ohio Case Law
While Title 5512 OAC primarily governs administrative procedures rather than broad legal rights, Ohio courts have occasionally reviewed TRAC-related issues. Here are some examples of relevant legal principles derived from Ohio case law related to TRAC or similar administrative review councils:
Case 1: Local Government Challenge to TRAC Funding Decisions
Issue: A local government challenged TRAC’s denial of funding for a proposed highway expansion, claiming the Council abused discretion and failed to follow statutory criteria.
Holding: The Ohio Court of Appeals held that TRAC’s decisions are entitled to deference if supported by evidence and consistent with statutory requirements. The court emphasized that the Council’s evaluation process must be transparent, non-arbitrary, and based on legitimate factors.
Significance: Courts generally uphold TRAC decisions unless there is clear evidence of procedural irregularity, arbitrary decision-making, or failure to follow legal mandates.
Case 2: Challenges Based on Due Process and Public Participation
Issue: Plaintiffs argued that TRAC violated open meeting laws by holding improper closed sessions and failing to provide adequate notice of meetings.
Holding: The court reinforced that TRAC must comply with Ohio’s Sunshine Laws requiring open meetings and proper public notice. Any deviation can render decisions invalid.
Significance: This underscores the importance of procedural fairness and transparency in administrative processes under Title 5512.
Case 3: Appeals of TRAC Decisions
Issue: An applicant sought judicial review of TRAC’s funding recommendation, alleging failure to consider all relevant project benefits.
Holding: The court held that while judicial review of administrative decisions is limited, TRAC must follow its own rules and statutory standards. Failure to do so may warrant reversal.
Significance: The case highlights that TRAC’s adherence to its criteria and procedural rules is legally required.
6. Legal Principles and Doctrines Relevant to Title 5512 OAC
Administrative Discretion and Deference: Courts generally defer to TRAC’s expertise in evaluating transportation projects unless decisions are arbitrary, capricious, or unlawful.
Compliance with Statutory Mandates: TRAC must operate within the framework of the Ohio Revised Code, ensuring it applies correct criteria and procedures.
Procedural Due Process: Affected parties must receive fair notice and an opportunity to be heard, including public transparency.
Open Meetings Compliance: TRAC must conduct business in accordance with Ohio’s Sunshine Laws to ensure transparency.
Judicial Review: Courts may review TRAC decisions for legal errors but typically do not substitute their judgment for that of the Council.
7. Summary
Title 5512 OAC establishes the structure, procedures, and criteria for the Transportation Review Advisory Council.
TRAC plays a critical role in prioritizing and recommending funding for major transportation projects in Ohio.
The rules ensure that project selection is systematic, transparent, and based on measurable criteria.
Ohio courts have upheld TRAC’s decisions when made consistent with law and procedure, while invalidating decisions where due process or statutory requirements were ignored.
Public participation, transparency, and adherence to statutory criteria are fundamental.
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