reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.27 | Investigating Rates Upon Its Own Motion.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the public utilities commission believes that any rate or charge may be unreasonable or unjustly discriminatory, and that an investigation relating thereto should be made, it may investigate them upon its own motion. Before such investigation it shall present to the railroad a statement in writing setting forth the rate or charge to be investigated. Thereafter, on ten days' notice to the railroad of the time and place of such investigation, the commission may proceed to investigate such rate or charge in the same manner and make like orders in respect thereto, as if such investigation had been made upon complaint.
When any schedule is filed with the commission stating a new individual or joint rate or charge, any new individual or joint classification, or any new individual or joint regulation or practice affecting any rate or charge, the commission may, either upon complaint or upon its own initiative without complaint, at once, and if it so orders, without answer or other formal pleading by the interested carriers, but upon reasonable notice, enter upon a hearing concerning the propriety of such rate, charge, classification, regulation, or practice. Pending such hearing and the decision thereon, the commission upon filing with such schedule and delivering to the carriers affected thereby, a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and postpone the use and operation of such rate, charge, classification, regulation, or practice, for a period of not longer than one hundred twenty days beyond the time when such rate, charge, classification, regulation, or practice would otherwise go into effect. After a full hearing, whether completed before or after the rate, charge, classification, regulation, or practice goes into effect, the commission may make such order in reference to such rate, charge, classification, regulation, or practice as would be proper in a proceeding initiated after the rate, charge, classification, regulation, or practice, had become effective. If any such hearing cannot be concluded within such period of suspension, the commission may extend the time of suspension for a further period not exceeding thirty days. At any hearing involving a rate increased or a rate sought to be increased, the burden of proof to show that the increased rate or the proposed increased rate is just and reasonable is upon the common carrier, and the commission shall give to the hearing and decision of such question preference over all other questions pending before it and decide the same as speedily as possible.
A full record shall be kept of the proceedings before the commission on such investigations. All testimony shall be taken by the stenographer appointed by the commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.28 | Commission May Change Rate or Service.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
If, upon an investigation under Chapters 4901., 4903., 4905., 4907., and 4909. of the Revised Code, the public utilities commission finds that any existing rate, fare, charge, or classification, any joint rate, or any regulation or practice affecting the transportation of persons or property, or service in connection therewith, is unreasonable or unjustly discriminatory, or that any service is inadequate, it shall determine and by order fix a reasonable rate, fare, charge, classification, joint rate, regulation, practice, or service to be imposed, observed, and followed in the future, in place of that so found to be unreasonable, unjustly discriminatory, or inadequate. A certified copy of each such order shall be delivered to an officer or station agent of the railroad affected, and such order shall of its own force take effect and become operative thirty days after service.
All railroads to which such order applies shall make such changes in their schedules on file as are necessary to conform to such order, and no change shall thereafter be made by any railroad in any such rate, fare, or charge, or in any joint rate, without the approval of the commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.29 | Copies of Orders to Be Supplied Railroad.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Certified copies of all orders, other than those referred to in section 4909.28 of the Revised Code, of the public utilities commission shall be delivered to an officer or station agent of each railroad affected thereby, and shall take effect within such time thereafter as the commission prescribes.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.30 | Commission May Rescind or Amend an Order.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon application of any person or any railroad, and after notice to the parties in interest and opportunity to be heard as provided in section 4909.24 of the Revised Code for other hearings has been given, the public utilities commission may rescind, alter, or amend an order fixing any rate, fare, charge, or classification, or any other order made by the commission with respect to a railroad. Certified copies of such orders shall be served and take effect as provided for original orders.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.31 | Supplemental Order as to Railroads.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever a joint rate or charge is ordered substituted by the public utilities commission, and the railroads party thereto fail to agree within twenty days after the service of such order upon the apportionment of such rate or charge, the commission may, after a hearing, issue a supplemental order declaring the apportionment of such joint rate or charge, which shall take effect of its own force as part of the original order.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.32 | Commission May Fix Joint Rate.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever railroads refuse or neglect to establish a joint rate for the transportation of persons or property, the public utilities commission may, upon notice to the railroads and after opportunity to be heard, fix and establish such joint rate. If the railroads party thereto fail to agree upon the apportionment of such joint rate within twenty days after service of such order, the commission may, upon a like hearing, issue a supplemental order declaring the apportionment of such joint rate which shall take effect of its own force as part of the original order.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.33 | Supplemental Order as to Public Utilities.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever any rate, toll, charge, or service ordered substituted by the public utilities commission is a joint rate, toll, charge, or service, and the public utilities which are parties to it fail to agree upon the apportionment of such joint rate, toll, charge, or service within twenty days after the service of such order, the commission may, after hearing, make and issue a supplemental order fixing the apportionment of such joint rate, toll, charge, or service between such public utilities. Such order shall take effect of its own force as a part of the original order.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.35 | Failure of Municipal Corporation to Fix Rates.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the legislative authority of any municipal corporation fails to regulate, within sixty days after the expiration of any lawful rate, by ordinance, the rates to be charged by any public utility engaged in the business of supplying water for public or private consumption, such water company or one per cent of the qualified electors of such municipal corporation may petition the public utilities commission to fix the just and reasonable rates for the furnishing of such services, and the commission may thereupon proceed to fix the just and reasonable rates, tolls, and charges for such services which may be charged for two years from the date of the filing of such petition and thereafter until changed, altered, or modified by the legislative authority of such municipal corporation or further order of the commission upon like application.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.36 | Hearing Upon Accepted Rates - Procedure.

Effective:
September 28, 1979
Latest Legislation:
House Bill 156 - 113th General Assembly
If any public utility has accepted any rate, price, charge, toll, or rental fixed by ordinance of a municipal corporation or ordinances of a group of municipal corporations, it shall become operative, unless a complaint signed by not less than ten per cent of the qualified electors of such municipal corporation or not less than ten per cent of the qualified electors of each municipal corporation in such group has been filed with the public utilities commission within sixty days after such acceptance. Upon such filing, the commission shall forthwith give notice of the filing and pendency of such complaint to the mayor of such municipal corporation or the mayors of the group of municipal corporations, and fix a time and place for the hearing of such complaint. The commission shall, at such time and place, hear such complaint, and may adjourn the hearing from day to day.
The filing of a complaint by a public utility, as provided in section 4909.34 of the Revised Code, shall be held to be the consent of such public utility to continue to furnish its product or service, and devote its property engaged in so furnishing its product or service to such public use during the term so fixed by ordinance or by Chapters 4901., 4903., 4905., 4907., 4909., 4921., and 4923. of the Revised Code. Parties to the complaint shall be entitled to be heard, represented by counsel, and to have process to force the attendance of witnesses.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.37 | Hearing Where Cause of Action Arose.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all cases arising under sections 4909.34 to 4909.36, inclusive, and other sections of the Revised Code providing for the hearing of complaints or protests against rates, hearings, when feasible and proper, may be held in the community in which the cause of action arose.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.38 | Complaint, Appeal, or Notification Requirements.

Effective:
September 28, 1979
Latest Legislation:
House Bill 156 - 113th General Assembly
A complaint or appeal to the public utilities commission under division (A) of section 4909.34 or section 4909.35 of the Revised Code, shall meet the requirements of and shall be governed in all respects by sections 4909.17 to 4909.19 and 4909.42 of the Revised Code.
Upon notification by a public utility pursuant to division (B) of section 4909.34 of the Revised Code that it does not accept an ordinance or ordinances, its pending application shall be governed in all respects by sections 4909.17 to 4909.19 and 4909.42 of the Revised Code.
Such complaint, appeal, or notification to the commission shall suspend, vacate, and set aside all provisions of the ordinance or ordinances complained of, appealed from, or not accepted.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.40 | Certain Rates, Fares, Regulations, and Prices Excepted.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code do not apply to any rate, fare, or regulation prescribed by any municipal corporation granting a right, permission, authority, or franchise to use its streets, alleys, avenues, or public places for street railway purposes, or to any prices so fixed under sections 715.34, 743.26, and 743.28 of the Revised Code, except as provided in sections 4909.34, 4909.35, 4909.36, 4909.38, and 4909.39 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.41 | Violation.

Effective:
October 1, 1953
Latest Legislation:
Senate Bill 361 - 100th General Assembly
No officer, agent, or employee in an official capacity of a public utility shall knowingly violate sections 4909.15 to 4909.19, inclusive, or 4909.33 to 4909.40, inclusive, of the Revised Code, or willfully fail to comply with any lawful order or direction of the public utilities commission made with respect to any public utility. Each day's continuance of such failure is a separate offense.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.42 | Commission Fails to Issue Timely Order.

Effective:
March 27, 2013
Latest Legislation:
House Bill 379 - 129th General Assembly
If the proceeding on an application filed with the public utilities commission under section 4909.18 of the Revised Code by any public utility requesting an increase on any rate, joint rate, toll, classification, charge, or rental or requesting a change in a regulation or practice affecting the same has not been concluded and an order entered pursuant to section 4909.19 of the Revised Code at the expiration of two hundred seventy-five days from the date of filing the application, an increase not to exceed the proposed increase shall go into effect upon the filing of a bond or a letter of credit by the public utility. The bond or letter of credit shall be filed with the commission and shall be payable to the state for the use and benefit of the customers affected by the proposed increase or change.
An affidavit attached to the bond or letter of credit must be signed by two of the officers of the utility, under oath, and must contain a promise on behalf of the utility to refund any amounts collected by the utility over the rate, joint rate, toll, classification, charge, or rental, as determined in the final order of the commission. All refunds shall include interest at the rate stated in section 1343.03 of the Revised Code. The refund shall be in the form of a temporary reduction in rates following the final order of the commission, and shall be accomplished in such manner as shall be prescribed by the commission in its final order. The commission shall exercise continuing and exclusive jurisdiction over such refunds.
If the public utilities commission has not entered a final order within five hundred forty-five days from the date of the filing of an application for an increase in rates under section 4909.18 of the Revised Code, a public utility shall have no obligation to make a refund of amounts collected after the five hundred forty-fifth day which exceed the amounts authorized by the commission's final order.
Nothing in this section shall be construed to mitigate any duty of the commission to issue a final order under section 4909.19 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.43 | Filing Rate Increase Application.

Effective:
January 11, 1983
Latest Legislation:
Senate Bill 378 - 114th General Assembly
(A) No public utility shall file a rate increase application covering a municipal corporation pursuant to section 4909.18 or 4909.35 of the Revised Code at any time prior to six months before the expiration of an ordinance of that municipal corporation enacted for the purpose of establishing the rates of that public utility.
(B) Not later than thirty days prior to the filing of an application pursuant to section 4909.18 or 4909.35 of the Revised Code, a public utility shall notify, in writing, the mayor and legislative authority of each municipality included in such application of the intent of the public utility to file an application, and of the proposed rates to be contained therein.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.45 | Information Furnished by Gas or Natural Gas Company to Municipal Corporation.

Effective:
June 22, 1984
Latest Legislation:
House Bill 37 - 115th General Assembly
Every gas or natural gas company shall, prior to accepting any rate, price, charge, toll, or rental fixed by ordinance of a municipal corporation, submit to the legislative authority of the municipal corporation the following information:
(A) A report of its property used and useful in rendering the service to be provided;
(B) A complete operating statement of the previous fiscal year, showing in detail all its receipts, revenues, and incomes from all sources, all of its operating costs and other expenditures, and any other information the public utility deems applicable;
(C) A statement of the income and expense anticipated under the ordinance;
(D) A statement of financial condition summarizing assets, liabilities, and net worth;
(E) A proposed notice for newspaper publication fully disclosing the substance of the ordinance. The notice shall further include the average percentage increase in rate that a representative industrial, commercial, and residential customer will bear should the ordinance be accepted.
Such information and exhibits shall be in the same form as the public utilities commission by rule may require.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4909 | Public Utilities Commission - Fixation of Rates › Section 4909.99 | Penalty.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
Whoever violates section 4909.14 or 4909.41 of the Revised Code is guilty of a felony of the fifth degree.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.01 | Consumers' Counsel Definitions.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
As used in this chapter:
(A) "Public utility" means every one as defined in divisions (A), (C), (D), (E), (F), (G), (H), and (M) of section 4905.03 of the Revised Code, including all public utilities that operate their utilities not for profit, except the following:
(1) Electric light companies that operate their utilities not for profit;
(2) Public utilities, other than telephone companies, that are owned and operated exclusively by and solely for the utilities' customers;
(3) Public utilities that are owned or operated by any municipal corporation;
(4) Railroads as defined in sections 4907.02 and 4907.03 of the Revised Code.
(B) "Residential consumer" means urban, suburban, and rural patrons of public utilities insofar as their needs for utility services are limited to their residence.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.02 | Consumers' Counsel - Powers and Duties.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) The consumers' counsel shall be appointed by the consumers' counsel governing board, and shall hold office at the pleasure of the board.
(B)(1) The counsel may sue or be sued and has the powers and duties granted the counsel under this chapter, and all necessary powers to carry out the purposes of this chapter.
(2) Without limitation because of enumeration, the counsel:
(a) Shall have all the rights and powers of any party in interest appearing before the public utilities commission regarding examination and cross-examination of witnesses, presentation of evidence, and other matters;
(b) May take appropriate action with respect to residential consumer complaints concerning quality of service, service charges, and the operation of the public utilities commission;
(c) May institute, intervene in, or otherwise participate in proceedings in both state and federal courts and administrative agencies on behalf of the residential consumers concerning review of decisions rendered by, or failure to act by, the public utilities commission;
(d) May conduct long range studies concerning various topics relevant to the rates charged to residential consumers.
(C) The counsel shall follow the policies of the state as set forth in Chapter 4929. of the Revised Code that involve supporting retail natural gas competition.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.021 | Customer Telephone Complaints.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
The consumers' counsel shall not operate a telephone call center for consumer complaints. However, for any calls received by the consumers' counsel concerning consumer complaints, the consumers' counsel may assist consumers with their complaints or forward the calls to the public utilities commission's call center.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.03 | Qualifications.

Effective:
September 1, 1976
Latest Legislation:
Senate Bill 94 - 111th General Assembly
(A) No person may be appointed consumers' counsel unless he is admitted to the practice of law in this state and is qualified by knowledge and experience to practice in public utility proceedings.
(B) No person who is in the employ of or acting in an official capacity with any public utility, subject to regulation by the public utilities commission or who is pecuniarily interested in, or holds stocks or bonds of any such utility or is a candidate for elective public office may be appointed to the office of the consumers' counsel or be appointed or employed by the counsel. If any such appointed or employed person becomes, subsequent to his initial appointment or employment, the owner of such stocks or bonds, or otherwise becomes pecuniarily interested in such utility, he shall divest himself, within a reasonable time, of such ownership or interest. If he fails to do so, his tenure shall be terminated. If any such appointed or employed person becomes a candidate for elective public office his tenure shall be terminated.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.04 | Residency Requirement - Other Employment Prohibited.

Effective:
September 18, 1997
Latest Legislation:
Senate Bill 130 - 122nd General Assembly
The consumers' counsel shall be a resident of this state and during the counsel's term of office shall not hold any other office of either trust or profit under the government of the United States, this state, or any political subdivision of this state, except that this section shall not be construed to preclude the consumers' counsel from serving as a member of the reserve of the armed forces of the United States or the Ohio organized militia. The counsel shall not engage in any other occupation or business, but shall devote full time to the duties of the office of consumers' counsel.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.05 | Oath of Office - Surety Bond.

Effective:
September 1, 1976
Latest Legislation:
Senate Bill 94 - 111th General Assembly
Before entering upon the duties of his office, the consumers' counsel shall subscribe to an oath of office, which shall be filed in the office of the secretary of state, and shall give bond of five thousand dollars with a sufficient surety approved by the treasurer of state. After approval the bond shall be filed with the secretary of state.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.06 | Consumers' Counsel Considered State Officer.

Effective:
September 1, 1976
Latest Legislation:
Senate Bill 94 - 111th General Assembly
The consumers' counsel shall be considered a state officer for the purpose of section 24 of Article II, Ohio constitution.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.07 | Salary.

Effective:
July 1, 1993
Latest Legislation:
House Bill 152 - 120th General Assembly
The salary of the consumers' counsel shall be determined by the consumers' counsel governing board but shall be in pay range 49 as set forth in section 124.152 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.09 | Public Utilities Commission to Furnish Materials.

Effective:
September 1, 1976
Latest Legislation:
Senate Bill 94 - 111th General Assembly
The public utilities commission shall supply the consumers' counsel, without cost to the counsel, with all books, maps, charts, and such other items as may be necessary for carrying out the purposes of Chapters 4909. and 4911. of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.10 | Records Are Public.

Effective:
September 17, 1996
Latest Legislation:
House Bill 476 - 121st General Assembly
Except as provided in section 149.43 of the Revised Code, all documents and records in the posses-sion of the consumers' counsel are public records.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.11 | Data and Information to Be Furnished.

Effective:
September 1, 1976
Latest Legislation:
Senate Bill 94 - 111th General Assembly
The consumers' counsel may, whenever called upon by any officer, board, or commission of this state or of any political subdivision of this state, furnish any data or information to the officer, board, or commission. All officers, boards, or commissions of this state or of any political subdivision of this state, may furnish to the counsel, upon his request, any data or information which he requests in the discharge of the powers and duties vested in him under Chapters 4909. and 4911. of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.12 | Employees.

Effective:
September 29, 1995
Latest Legislation:
House Bill 117 - 121st General Assembly
(A) Notwithstanding Chapter 4117. of the Revised Code, the consumers' counsel may employ and fix the compensation of such officers, experts, lawyers, engineers, economists, statisticians, accountants, investigators, and employees in fiduciary, supervisory, or policy-making positions as are necessary to carry out Chapters 4909. and 4911. of the Revised Code or to perform the powers and duties conferred or imposed upon him by law. These employees shall be in the unclassified civil service, shall not be considered public employees for purposes of Chapter 4117. of the Revised Code, and shall serve at the pleasure of the counsel. The counsel may also employ such clerical employees, including clerks and stenographers, as are necessary to carry out Chapters 4909. and 4911. of the Revised Code or to perform his duties and exercise the powers conferred by law upon him. These clerical employees shall be in the classified civil service. All officers, lawyers, engineers, economists, statisticians, accountants, investigators, stenographers, clerks, and other employees of the counsel and the expenses of the office of the counsel, the expenses of the counsel, and the expenses of the employees of such office shall be paid from funds appropriated for the use of the consumers' counsel after being approved by the consumers' counsel.
(B) The consumers' counsel may contract for the services of technically qualified persons in the area of public utility matters to assist him in carrying out the duties of his office. Such persons shall be paid from funds appropriated for the use of the consumers' counsel after being approved by the consumers' counsel.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.13 | Using Engineers and Experts Employed by State Universities.

Effective:
September 1, 1976
Latest Legislation:
Senate Bill 94 - 111th General Assembly
In the employment of engineers, experts, or other assistants, the consumers' counsel may make use of the services of engineers and experts employed by any university operated by this state in a manner provided by mutual arrangement between the counsel and the trustees and faculty of the university. Any necessary information, data, and equipment of the university shall be placed at the disposal of the counsel and paid for by the office of the customers' counsel at the university's cost.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.14 | Jurisdiction.

Effective:
September 1, 1976
Latest Legislation:
Senate Bill 94 - 111th General Assembly
The jurisdiction of the consumers' counsel extends to every case that he or another party brings before the public utilities commission involving the fixing of any rate, joint rate, fare, charge, toll, or rental charged for commodities or services by any public utility, the plant or property of which lies wholly within this state. Where the property of a public utility lies partly within this state, the jurisdiction of the consumers' counsel extends to that part of the plant or property which lies within this state, the persons or companies owning, leasing, or operating the public utility, and the records and accounts of the business thereof done within this state.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.15 | Counsel May Represent Residential Consumer or Municipal Corporation.

Effective:
June 12, 1980
Latest Legislation:
House Bill 776 - 113th General Assembly
The consumers' counsel, at the request of one or more residential consumers residing in, or municipal corporations located in, an area served by a public utility or whenever in his opinion the public interest is served, may represent those consumers or corporations whenever an application is made to the public utilities commission by any public utility desiring to establish, modify, amend, change, increase, or reduce any rate, joint rate, toll, fare, classification, charge, or rental.
The consumers' counsel may appear before the public utilities commission as a representative of the residential consumers of any public utility when a complaint has been filed with the commission that a rate, joint rate, fare, toll, charge, classification, or rental for commodities or services rendered, charged, demanded, exacted, or proposed to be rendered, charged, demanded, or exacted by the utility is in any respect unjust, unreasonable, unjustly discriminatory, unjustly preferential, or in violation of the law.
Nothing in Chapter 4911. of the Revised Code shall be construed to restrict or limit in any manner the right of a municipal corporation to represent the residential consumers of such municipal corporation in all proceedings before the public utilities commission, and in both state and federal courts and administrative agencies on behalf of such residential consumers concerning review of decisions rendered by, or failure to act by, the public utilities commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.16 | Access to Materials Possessed by Public Utilities Commission.

Effective:
September 1, 1976
Latest Legislation:
Senate Bill 94 - 111th General Assembly
For the purpose of carrying out the duties given him in Chapter 4911. of the Revised Code, the consumers' counsel shall have access to all books, contracts, records, documents, and papers in the possession of the public utilities commission at any time.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.17 | Consumers' Counsel Governing Board.

Effective:
September 5, 2001
Latest Legislation:
House Bill 94 - 124th General Assembly
There is hereby created a nine-member consumers' counsel governing board consisting of three representatives of organized groups representing each of the following areas: labor; residential consumers; and family farmers. No more than five members of this board may be members of the same political party.
The members of the board shall be appointed by the attorney general with the advice and consent of the senate.
No later than January 1, 1977, the attorney general shall make initial appointments to the board. Of the initial appointments made to the board, three shall be for a term ending one year after September 1, 1976, three shall be for a term ending two years after that date, and three shall be for a term ending three years after that date. Thereafter, terms of office shall be for three years, each term ending on the same day of the same month of the year as did the term that it succeeds. Each member shall hold office from the date of the member's appointment until the end of the term for which the member was appointed. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of that term. Any member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office.
The governing board shall meet at least every third month of the year. Meetings may be held more often at the request of a majority of the members or upon call of the chairperson. At the first meeting of each year, the board shall select a chairperson and vice-chairperson. With the approval of the board, the chairperson may designate the vice-chairperson to perform the duties of the chairperson, including those provided in section 4901.021 of the Revised Code.
A majority of the members constitutes a quorum. No action shall be taken without the concurrence of a majority of the full membership of the board. The consumers' counsel shall at all times remain responsible to the governing board. Members of the board shall be compensated at the rate of one hundred fifty dollars per board meeting attended in person, not to exceed one thousand two hundred dollars per year. All members shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties.
The board shall submit to the general assembly no later than the first day of April, annually, a report outlining the expenditures of the office of consumers' counsel, a full record of participation in any and all proceedings, and an outline of other relevant activities of the office.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.19 | Response of Utility to Billing or Service Inquiry on Behalf of Residential Customer.

Effective:
April 10, 1985
Latest Legislation:
House Bill 79 - 115th General Assembly
Any utility to which the consumers' counsel makes an inquiry on behalf of a residential customer concerning that customer's billing, or the availability, unavailability, or quality of that customer's service shall respond to the consumers' counsel on the merits of that inquiry within a reasonable time. If a definitive response cannot be made within three weeks of the making of the inquiry, the utility initially shall send an acknowledgement of receipt of the inquiry to the consumers' counsel and indicate the position of the utility concerning the nature of any investigation of the facts that it considers necessary to an ultimate response, and then, when it becomes possible to make a definitive response, shall respond to the consumers' counsel on the merits of the inquiry.
The failure of a utility to comply with this section is admissible evidence in a complaint proceeding under section 4905.26 of the Revised Code, upon the motion of the consumers' counsel, regardless of whether further evidence concerning the subject of the inquiry is offered.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4911 | Consumers' Counsel › Section 4911.20 | Appointment of Deputy Consumers' Counsel.

Effective:
June 1, 1994
Latest Legislation:
House Bill 344 - 120th General Assembly
If the consumers' counsel governing board determines that the appointment of a deputy consumers' counsel is necessary to ensure the full and proper performance of the powers and duties of the consumers' counsel, the board may appoint a deputy consumers' counsel. The board may assign the deputy consumers' counsel any of the duties and powers of the consumers' counsel, and the deputy shall perform the assigned duties and powers. The deputy consumers' counsel shall report to the board on all matters assigned to him by the board, and shall serve at the pleasure of the board. The board may appoint an employee of the office of the consumers' counsel as deputy consumers' counsel. The board shall determine the salary of the deputy consumers' counsel.
If a deputy consumers' counsel is appointed, the consumers' counsel shall not perform the duties and powers that are assigned by the governing board to the deputy.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.01 | Definitions.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
As used in this chapter:
(A) "Aggrieved person" means a person with duties and obligations under sections 153.64, 3781.27, and 3781.28 to 3781.32 of the Revised Code and divisions (A) and (B) of section 3781.26 of the Revised Code and who is directly involved with or impacted by the alleged compliance failure, as identified in the request for inquiry, of another person with duties and obligations under sections 153.64, 3781.27, and 3781.28 to 3781.32 of the Revised Code and divisions (A) and (B) of section 3781.26 of the Revised Code.
(B) "Compliance failure" means a failure to comply with any provision of sections 153.64, 3781.27, and 3781.28 to 3781.32 of the Revised Code and divisions (A) and (B) of section 3781.26 of the Revised Code.
(C) "Designer," "developer," "excavation," "excavator," "one-call notification system," "person," "protection service," "underground utility facility ", and "utility" have the same meanings as in section 3781.25 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.03 | Safety Registration.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
(A) Each utility, excavator, developer, and designer who participates in the one-call notification system shall register with the public utilities commission and pay a safety registration not to exceed fifty dollars annually, which the commission may lower if the commission determines lowering the registration to be necessary. The commission shall administer and oversee the registration process. Failure to register shall result in a fine of not more than two thousand five hundred dollars.
(B) The commission shall deposit all safety registrations and fines collected under this section in the underground facilities protection administrative fund created under section 4913.30 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.05 | Request for Imposition of Fine or Penalty.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
(A) Beginning January 1, 2016, an aggrieved person may request an inquiry with the staff of the public utilities commission seeking the imposition, in accordance with this chapter, of a fine or penalty on the person responsible for the alleged compliance failure described in division (A) of section 4913.01 of the Revised Code. The person shall make the request not later than ninety days after discovering the alleged compliance failure. The request shall not, by itself, cause the creation of a formal proceeding at the commission.
(B) A request made under this section shall state, at a minimum and with particularity, the name of the person responsible for the alleged compliance failure, the date of the compliance failure, the nature of the compliance failure, the location of the compliance failure, and any other information that the requestor considers relevant.
(C) The staff shall, not later than ten business days after receiving a request under this section, notify the person responsible for the alleged compliance failure that the request was made.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.07 | Response to Request for Inquiry.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
If a request for an inquiry is made under section 4913.05 of the Revised Code, the person responsible for the alleged compliance failure may, not later than thirty days after being notified under that section, respond to the request, providing any information that the person considers relevant to the request. The response may include an admission of the compliance failure.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.09 | Conduct of Inquiry.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
(A) The staff of the public utilities commission shall conduct an inquiry upon receiving a request made under section 4913.05 of the Revised Code. The inquiry shall be limited to whether there was a compliance failure.
(B) During an inquiry conducted under this section, the staff shall examine relevant facts regarding the alleged compliance failure and may request records verification, informal meetings, teleconferences, photo documentation, and any other documentation or information relevant to the inquiry.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.13 | Reports of Inquiries.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
The staff of the public utilities commission shall make a report of each inquiry conducted under section 4913.09 of the Revised Code available to the underground technical committee, created under section 3781.34 of the Revised Code. The report shall contain any admission made under section 4913.07 of the Revised Code by the person who is the subject of the inquiry. This report shall not contain a recommendation as to the imposition of a fine or penalty or as to whether no enforcement action should be taken.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.15 | Review of Reports by Underground Technical Committee.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
(A) The underground technical committee shall review every report of the staff of the public utilities commission made available under section 4913.13 of the Revised Code or submitted under section 4913.16 of the Revised Code.
(B) Not later than ninety days after the committee obtains the staff's report under section 4913.13 of the Revised Code, the committee shall do any of the following:
(1) Make a written recommendation to the commission as to the imposition of a fine, a penalty, or a combination of fines and penalties, in accordance with section 4913.151 of the Revised Code;
(2) Determine that no enforcement action should be taken and notify the commission in writing of the determination;
(3) Request a hearing under section 4913.19 of the Revised Code.
(C) There shall be a majority vote of the full committee, with at least one of the commercial-excavator stakeholders voting with the majority, for the committee to do any of the following:
(1) Recommend a fine, penalty, or a combination of fines and penalties under this section or section 4913.16 of the Revised Code;
(2) Determine, under this section or section 4913.16 of the Revised Code, that no enforcement action should be taken;
(3) Request a hearing under section 4913.19 of the Revised Code.
If the committee fails to achieve the required majority for any action described in division (C) of this section, it shall notify the commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.151 | Determination of Fine or Penalty Recommendation.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
In determining a fine or penalty recommendation as required under section 4913.15 or 4913.16 of the Revised Code:
(A) If the compliance failure is the first for the person responsible, the underground technical committee may recommend a penalty of a training requirement, an education requirement, or another nonmonetary penalty, or may recommend a fine not exceeding two thousand five hundred dollars, or may recommend a combination of this fine and these penalties.
(B) If the compliance failure is a subsequent compliance failure for the person responsible, the committee may recommend a penalty of a training requirement, an education requirement, or another nonmonetary penalty, or may recommend a fine not exceeding five thousand dollars, or may recommend a combination of this fine and these penalties.
(C) Any penalty recommended under this section shall be appropriately related to enforcement of the provisions enumerated in division (A) of section 4905.041 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.152 | Communications With Knowledgeable Persons.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
The underground technical committee may communicate with persons who have knowledge or information concerning the alleged compliance failure as part of the committee's review under section 4913.15 of the Revised Code and to assist the committee in making recommendations under that section and section 4913.16 of the Revised Code.