reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.16 | Failure to Achieve Majority or Act.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
(A)(1) If the underground technical committee votes during the ninety-day time period as required under division (B) of section 4913.15 of the Revised Code but fails to achieve the required majority as described in division (C) of that section, no enforcement action shall be taken.
(2) If the committee, during the ninety-day time period, fails to vote on any action as required under division (B) of section 4913.15 of the Revised Code, the staff of the public utilities commission shall make a recommendation as to a fine or penalty or no enforcement. The staff shall cause the initial report made available under section 4913.13 of the Revised Code to be amended to add the recommendation, and shall submit the amended report to the committee.
(B) Not later than thirty days after the committee receives an amended report under division (A)(2) of this section, the committee shall do any of the following, subject to division (C) of section 4913.15 of the Revised Code:
(1) Make a written recommendation to the commission as to the imposition of a fine, 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)(1) If the committee votes during the thirty-day time period as required under division (B) of this section but fails to achieve the required majority as described in division (C) of section 4913.15 of the Revised Code, no enforcement action shall be taken.
(2) If the committee fails to vote on any action as required under division (B) of this section, the commission shall impose a fine or penalty consistent with section 4913.151 of the Revised Code or take no enforcement action. The commission shall inform the committee of its decision.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.17 | Finding of Persistent Noncompliance.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
(A) Based upon the number and type of compliance failures committed by a person, the underground technical committee may find, as part of the committee's review under section 4913.15 of the Revised Code, that the person is a persistent noncomplier.
(B) The committee shall report a finding made under division (A) of this section to the staff of the public utilities commission.
(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 make a finding under division (A) of this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.171 | Imposition of Fine on Persistent Noncomplier.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
If the underground technical committee reports that a person responsible for a compliance failure has been found to be a persistent noncomplier under section 4913.17 of the Revised Code, the public utilities commission may impose a fine on the person not exceeding ten thousand dollars. A penalty recommended by the committee under section 4913.15 or 4913.16 of the Revised Code may also be imposed by the commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.19 | Request for Administrative Hearing.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
In lieu of making a recommendation of a fine or penalty or a no-enforcement determination, the underground technical committee may request an administrative hearing with the public utilities commission if the committee believes that any person responsible for a compliance failure should be subject to a fine or penalty exceeding those described in section 4913.151 of the Revised Code. As a result of the hearing, the commission shall impose a fine or penalty or take no enforcement action.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.20 | Factors to Be Considered.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
In determining a fine or penalty recommendation or imposition or whether no enforcement action should be taken under section 4913.15, 4913.16, 4913.171, 4913.19, or 4913.25 of the Revised Code, the underground technical committee, the public utilities commission, and the commission staff, as applicable, shall consider the following factors, as they apply:
(A) The person's demonstrated history of one-call, design, and excavation practices, including the following:
(1) The number of locate requests received and responded to;
(2) The number of locates completed;
(3) The number of one calls placed;
(4) The number of excavations completed;
(5) The number of design or development projects.
(B) The nature, circumstances, and gravity of the compliance failure, including the amount of damage involved in relation to the compliance failure, and whether it resulted in death, serious injury, dismemberment, or a significant threat to public safety;
(C) The organizational size of the responsible person;
(D) The prospective effect of a fine on the person's ability to pay business obligations and otherwise conduct business;
(E) The history or number of compliance failures by the person;
(F) The good faith effort on the person's part in attempting to achieve compliance after the compliance failure was identified.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.21 | Imposition of Recommendations.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
Except as provided in sections 4913.171 and 4913.19 of the Revised Code, the public utilities commission shall impose every recommendation made under section 4913.15 or 4913.16 of the Revised Code by the underground technical committee.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.22 | Payment of Fine; Compliance With Penalty.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
A person subject to a fine imposed under section 4913.171, 4913.19, or 4913.21 of the Revised Code or division (C)(2) of section 4913.16 of the Revised Code shall pay the fine not later than sixty days after the fine or penalty is imposed. A person subject to a penalty imposed under any of those sections or that division shall begin compliance with the penalty not later than thirty days after the penalty is imposed.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.23 | Notice.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
The public utilities commission shall, by letter, promptly notify the person that requested the inquiry and the person responsible for the compliance failure of any fine or penalty imposed under section 4913.171, 4913.19, or 4913.21 of the Revised Code or division (C)(2) of section 4913.16 of the Revised Code, or of a no-enforcement determination under section 4913.15 or 4913.19 of the Revised Code or division (A)(1) or (C)(1) of section 4913.16 of the Revised Code. The notice shall include all of the following, as applicable:
(A) The date of the compliance failure;
(B) The citation to the statute that was not complied with;
(C) A brief description of the compliance failure;
(D) The fine or penalty to be imposed, if any;
(E) Instructions on how to remit payment of a fine or to comply with a penalty;
(F) Instructions on how the person may file for reconsideration under section 4913.25 of the Revised Code and how to make a timely filing;
(G) A statement that failure to file for reconsideration under section 4913.25 of the Revised Code will make any findings final and enforceable.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.25 | Application for Reconsideration.

Effective:
March 23, 2015
Latest Legislation:
House Bill 378 - 130th General Assembly
(A) If either the person that requested the inquiry or the person responsible for the compliance failure disagrees with either a finding or a no-enforcement determination made by the underground technical committee under section 4913.15, 4913.16, 4913.17, or 4913.19 of the Revised Code, either person may, not later than thirty days after receiving notice under section 4913.23 of the Revised Code, file a written application with the public utilities commission for reconsideration of the committee's finding. The application for reconsideration must state with particularity the grounds for reconsideration.
(B) Upon the filing of an application for reconsideration under this section, the commission shall formally review the finding of the committee.
(C) The commission may hold a hearing on the application for reconsideration.
(D) The commission shall affirm, reject, or modify the finding of the committee and shall impose any fine or penalty authorized under this chapter or take no enforcement action. The person responsible for the compliance failure shall pay any fine not later than sixty days after the fine is imposed by the commission. A person subject to a penalty shall begin compliance with the penalty not later than thirty days after the penalty is imposed by the commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.251 | Reconsideration Order; Appeal.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
A reconsideration order issued under section 4913.25 of the Revised Code is subject to the rehearing and appeal process under Chapter 4903. 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 4913.252 | Hearings.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
All hearings conducted by the public utilities commission under this chapter and under the process described in section 4913.251 of the Revised Code shall be conducted in a manner consistent with Chapter 4903. 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 4913.26 | Confidentiality.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
Any documentation obtained pursuant to an inquiry conducted under section 4913.09 of the Revised Code, communications described in section 4913.152 of the Revised Code, or an administrative hearing conducted under section 4913.19 of the Revised Code shall be treated as confidential until a formal proceeding is commenced under section 4913.25 of the Revised Code, at which time the parties to the proceeding shall be bound by the rules of the public utilities commission governing discovery in matters pending before it.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.27 | Disposition of Fines.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
Except for safety registrations and fines collected under section 4913.03 of the Revised Code, the public utilities commission shall deposit all fines collected under this chapter into the underground facilities protection fund created under section 4913.29 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 4913.29 | Underground Facilities Protection Fund.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
There is hereby created in the state treasury the underground facilities protection fund. The fund shall consist of all fines collected under this chapter, except for safety registrations and fines collected under section 4913.03 of the Revised Code. The fund shall retain the interest earned. The amounts in the fund shall be used solely to fund grants under section 4913.31 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 4913.30 | Underground Facilities Protection Administrative Fund.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
There is hereby created in the state treasury the underground facilities protection administrative fund to be administered by the public utilities commission. The fund shall consist of all safety registrations and fines collected under section 4913.03 of the Revised Code. The fund shall retain the interest earned. The amounts in the fund shall be used for the operation of the underground technical committee, created under section 3781.34 of the Revised Code, and the commission in the performance of its duties under this chapter.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.31 | Underground Utility Damage Prevention Grant Program.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
(A) The public utilities commission may administer an underground utility damage prevention grant program to provide grants for any of the following purposes:
(1) Public awareness programs established by a protection service;
(2) Training and education programs for excavators, operators, designers, persons who locate underground utility facilities, or other persons;
(3) Programs providing incentives for excavators, operators, persons who locate underground utility facilities, or other persons to reduce the number and severity of compliance failures.
(B) The commission shall determine the appropriate amount of any grant issued under this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.43 | Annual Report.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
The public utilities commission shall submit to the general assembly an annual report of the previous year's activities under this chapter. Each report shall be submitted on or before April 1. Each report shall be made publicly available on the commission's web site.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.45 | Rules to Carry Out Chapter.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
(A) The public utilities commission shall, in consultation with the underground technical committee, adopt rules under section 111.15 of the Revised Code to carry out this chapter. The rules shall include all of the following:
(1) Guidelines for consistent application of fines and penalties under this chapter;
(2) Tracking compliance of persons on whom fines or penalties have been imposed under this chapter;
(3) The required contents of the underground utility damage prevention grant program established under section 4913.31 of the Revised Code;
(4) The gathering, review, and acceptance of applications for a grant under section 4913.31 of the Revised Code;
(5) The dispensation and tracking of money from the underground facilities protection fund;
(6) The committee's duties, including rules that establish the committee's operation, meeting schedule, and voting procedures;
(7) The contents of the annual report required under section 4913.43 of the Revised Code;
(8) The process related to collecting the registration under section 4913.03 of the Revised Code.
(B) The commission may adopt rules establishing the following:
(1) Procedures for conducting inquiries under section 4913.09 of the Revised Code;
(2) Any other duties for the underground technical committee pursuant to section 3781.36 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 4913.47 | Multiple Fines for Same Failure.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
Notwithstanding any provision of the Revised Code to the contrary, if a person is subject to more than one fine for the same compliance failure, and one fine is imposed under this chapter and one or more other fines are imposed under federal law, rules, or regulations, the person shall not be required to pay the fine imposed under this chapter.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.50 | Civil Actions.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
Any proceeding held under this chapter, any no-enforcement determination under this chapter, and any fine or penalty imposed under this chapter shall neither prevent nor preempt the right of any party to obtain civil damages for personal injury or property damage in a private cause of action. No finding, determination, or recommendation of the underground technical committee, no decision of the public utilities commission under this chapter, and no no-enforcement determination under this chapter shall be determinative of civil liability in a private cause of action for personal injury or property damage.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law › Section 4913.52 | Permittee for Excavation.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 378 - 130th General Assembly
A person with a permit for excavation from the state or a local governmental unit is subject to this chapter. This chapter does not affect or impair local ordinances, charters, or other provisions of law requiring permits to be obtained before excavating.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4921 | Motor Carrier Authority and Permitting › Section 4921.03 | Certificate Required.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) No for-hire motor carrier may operate in intrastate commerce unless the carrier has a current and valid certificate of public convenience and necessity.
(B) The public utilities commission shall issue a certificate of public convenience and necessity to any person who does all of the following:
(1) Files with the commission, in accordance with rules adopted under section 4921.05 of the Revised Code, a complete and accurate application that shall include a certification that (a) the person understands and is in compliance with the applicable service, operation, and safety laws of this state and (b) the person meets the requirements of section 4921.09 of the Revised Code;
(2) Agrees to maintain accurate and current business and insurance information with the commission, in accordance with the commission's rules;
(3) Has paid all applicable registration fees in accordance with rules adopted under section 4921.11 of the Revised Code, all applicable taxes under section 4921.19 of the Revised Code, and any forfeitures imposed under section 4923.99 of the Revised Code.
(C) The commission shall have no power to fix, alter, or establish rates for the transportation of persons or property, nor shall the commission have the power to require or accept the filing of tariffs establishing such rates, except that the commission may accept the filing of tariffs establishing rates for the transportation of household goods.
(D) A for-hire motor carrier may, at any time after a certificate of public convenience and necessity is granted or refused, file a new application or supplement a former application.
(E) The commission may deny issuance of a certificate of public convenience and necessity for failure to comply with this section or rules adopted under section 4921.05 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4921 | Motor Carrier Authority and Permitting › Section 4921.05 | Manner and Form of Application.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The public utilities commission shall adopt rules prescribing the manner and form in which a person shall apply for a certificate of public convenience and necessity under section 4921.03 of the Revised Code. The rules shall include a requirement that applications be made in writing on the blanks furnished by the commission and contain any information and certifications deemed necessary by the commission to carry out this chapter.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4921 | Motor Carrier Authority and Permitting › Section 4921.07 | Suspension; Revocation.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) The public utilities commission shall adopt rules regarding procedures and timelines by which a certificate of public convenience and necessity issued under section 4921.03 of the Revised Code may be suspended. At a minimum, the rules shall require suspension of a certificate if the for-hire motor carrier does any of the following:
(1) Fails to file a complete and accurate application for the certificate under section 4921.03 of the Revised Code;
(2) Fails to maintain accurate and current business and insurance information with the commission;
(3) Fails to maintain proper proof of insurance or proper levels of insurance under section 4921.09 of the Revised Code;
(4) Fails to pay all applicable registration fees in accordance with rules adopted under section 4921.11 of the Revised Code, all applicable taxes under section 4921.19 of the Revised Code, and any forfeitures imposed under section 4923.99 of the Revised Code;
(5) Requests to suspend the carrier's operations.
(B)(1) The commission shall adopt rules regarding procedures and timelines by which a certificate suspended under division (A) of this section may be revoked if the conditions giving rise to the suspension are not remedied.
(2) The commission shall provide the carrier with written notice indicating the nature of the deficiency, a proposed effective date of the revocation, and the means by which the deficiency may be remedied. The carrier may correct the identified deficiency or submit evidence refuting the proposed revocation within sixty days from the date of the notice. The commission may extend the sixty-day period for good cause shown. The commission may revoke the certificate after the remedy period if the carrier has not provided sufficient evidence to remedy the deficiency.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4921 | Motor Carrier Authority and Permitting › Section 4921.09 | Proof of Insurance Requirements.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) No certificate of public convenience and necessity shall be issued by the public utilities commission to any for-hire motor carrier until the carrier has filed with the commission a liability insurance certificate, policy, or bond satisfactory to the commission, in the sum and with the provisions the commission considers necessary adequately to protect the interests of the public, having due regard for the number of persons and amount of property affected. The certificate, policy, or bond shall insure the carrier against loss sustained by reason of death or injuries to persons and for loss or damage to property resulting from the negligence of the carrier.
(B) No certificate for the transportation of household goods shall be issued to a for-hire motor carrier pursuant to sections 4921.30 to 4921.38 of the Revised Code until it has filed with the commission a freight cargo insurance certificate, policy, or bond that the commission has determined to be adequate to protect the interests of the shipping public.
(C) The Commission shall adopt rules to achieve the purposes of this section that are not incompatible with the requirements of the United States department of transportation. The rules shall at a minimum address all of the following:
(1) The minimum levels of financial responsibility for each type of for-hire motor carrier;
(2) The form and type of documents to be filed with the commission;
(3) The manner by which documents may be filed with the commission;
(4) The timelines for filing documents with the commission.
(D) If a certificate, policy, or bond required under division (A) of this section is canceled during its term or lapses for any reason, both of the following apply:
(1) All operations under the certificate of public convenience and necessity shall cease immediately, and further operations shall not be conducted until a replacement is filed with the commission under division (D)(2) of this section.
(2) The commission shall require the company to replace the certificate, policy, or bond with another that fully complies with the requirements of this section.
The certificate of public convenience and necessity shall be reinstated only after a satisfactory insurance certificate, policy, or bond has been filed with the commission.
(E) To ensure minimum standards of protection of consumers' household goods, the commission may adopt rules, not incompatible with the requirements of the United States department of transportation, governing requirements for cargo insurance for for-hire motor carriers engaged in the transportation of household goods over a public highway in this state.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4921 | Motor Carrier Authority and Permitting › Section 4921.11 | Compliance With the Unified Carrier Registration Plan.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The public utilities commission shall adopt rules applicable to registration pursuant to the unified carrier registration plan, codified as 49 U.S.C. 14504a, and the rules, procedures, and fee schedules adopted thereunder, in accordance with division (G) of section 4921.19 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4921 | Motor Carrier Authority and Permitting › Section 4921.13 | Filings and Taxes.

Effective:
September 17, 2014
Latest Legislation:
House Bill 492 - 130th General Assembly
(A) The public utilities commission shall adopt rules applicable to the filing of annual update forms and the payment of taxes by for-hire motor carriers. The rules shall not be incompatible with the requirements of the United States department of transportation. The rules shall at a minimum address all of the following:
(1) The information and certifications that must be provided to the commission on an annual update form, including a certification that the carrier continues to be in compliance with the applicable laws of this state.
(2) Documentation and information that must be provided regarding proof of financial responsibility;
(3) The form and manner in which taxes may be paid under section 4921.19 of the Revised Code.
(B) The rules may address any other information that the commission determines is necessary to carry out this section.
(C) A for-hire motor carrier shall not be issued any tax receipt under division (C) of section 4921.19 of the Revised Code until all of the following have been satisfied:
(1) A complete and accurate annual update form has been filed with the commission;
(2) Proof of financial responsibility remains in effect;
(3) All applicable registration fees in accordance with rules adopted under section 4921.11 of the Revised Code, all applicable taxes under section 4921.19 of the Revised Code, and any forfeitures imposed under section 4923.99 of the Revised Code have been paid in full.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4921 | Motor Carrier Authority and Permitting › Section 4921.25 | Towing Entities Subject to Chapter.

Effective:
April 6, 2017
Latest Legislation:
House Bill 341 - 131st General Assembly
(A) Any person, firm, copartnership, voluntary association, joint-stock association, company, or corporation, wherever organized or incorporated, that is engaged in the towing of motor vehicles is subject to regulation by the public utilities commission as a for-hire motor carrier under this chapter.
(B) The commission shall adopt rules under Chapter 119. of the Revised Code that do all of the following:
(1) Establish the acceptable scope of public safety regulations applicable to a for-hire motor carrier engaged in the towing of motor vehicles under section 4513.60, 4513.601, or 4513.61 of the Revised Code that a county or township may adopt pursuant to a resolution;
(2) Establish safety standards for the type of equipment necessary to safely remove and tow vehicles based on the type of vehicle being removed or towed;
(3) Establish standards for the removal of a vehicle from a private tow-away zone by a for-hire motor carrier engaged in the towing of motor vehicles in addition to standards and requirements established under section 4513.601 of the Revised Code. The standards may vary based on whether the private tow-away zone is located on residential, retail, or other commercial property.
(4) Within one year of the effective date of this amendment , establish maximum fees that may be charged by a for-hire motor carrier engaged in the towing of motor vehicles or a storage facility that accepts such vehicles under sections 4513.60 and 4513.601 of the Revised Code.
With respect to vehicles removed under section 4513.60 of the Revised Code, the fees established under division (B)(4) of this section do not apply to a vehicle that is removed or stored within a municipal corporation that has established fees for vehicle removal and storage.
(5) Establish a process for reviewing the fees established under division (B)(4) of this section every five years, beginning on the five-year anniversary of the date the initial rules are adopted, to determine whether the fees are just, reasonable, and compensatory. If the commission determines that any existing fee is not just, reasonable, or compensatory, the commission shall, by rule, adjust the fee so that it is equal to an amount that the commission determines to be appropriate.
(6) Establish an after-hours retrieval fee that may be charged for purposes of retrieving a vehicle under section 4513.69 of the Revised Code or retrieving personal items under section 4513.60 or 4513.61 of the Revised Code. The rules shall permit an after-hours retrieval fee to be charged only if the entity in possession of a vehicle is not open to the public and is not required to be open under division (A) of section 4513.69 of the Revised Code.
(7) Adopt any other rules necessary to carry out the purposes of this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4921 | Motor Carrier Authority and Permitting › Section 4921.30 | Motor Carriers Engaged in Transportation of Household Goods.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Except as otherwise provided in sections 4921.32 to 4921.38 of the Revised Code, a for-hire motor carrier engaged in the transportation of household goods in intrastate commerce:
(A) Is subject to Chapter 4921. of the Revised Code and to all other provisions of the Revised Code applicable to a for-hire motor carrier, including sections 4506.22, 4511.78, 5502.01, 5503.02, and 5503.34 of the Revised Code;
(B) Is not a public utility as defined in section 4911.01 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4921 | Motor Carrier Authority and Permitting › Section 4921.32 | Establishment of Certification System.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Notwithstanding any provision of this chapter or Chapters 4901. to 4909. and 4923. of the Revised Code to the contrary:
(A) Not later than six months after the effective date of this section, the public utilities commission, in accordance with sections 4921.30 to 4921.38 of the Revised Code, shall establish by order a certification system for for-hire motor carriers engaged in the transportation of household goods in intrastate commerce.
(B) Beginning on the effective date of the order of the commission as initially issued under division (A) of this section, no for-hire motor carrier shall engage in the transportation of household goods in intrastate commerce without first holding a current and valid certificate for the transportation of household goods issued by the commission pursuant to sections 4921.30 to 4921.38 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4921 | Motor Carrier Authority and Permitting › Section 4921.34 | Approval by Commission.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) The public utilities commission shall approve an application for a certificate for the transportation of household goods under sections 4921.30 to 4921.38 of the Revised Code and shall issue a certificate, provided the applicant pays the applicable application fee under division (I) of section 4921.19 of the Revised Code and submits to the commission a completed application, on a form prescribed by the commission, that is substantially the same as the application prescribed by the commission pursuant to section 4921.05 of the Revised Code, and includes a certification of all of the following by responsible officials of the applicant:
(1) The applicant's workers' compensation coverage is current pursuant to Chapter 4123. of the Revised Code.
(2) The applicant's unemployment compensation coverage is current pursuant to Chapter 4141. of the Revised Code.
(3) The applicant's financial responsibility is in accordance with rules adopted by the commission under section 4921.09 of the Revised Code.
(B) The commission shall not approve any application that does not contain the proper certifications required by this section. The commission may revoke a certificate issued under division (A) of this section if, after at least fifteen days' advance notice to the certificate holder of the basis for such action and providing the holder with an opportunity for a hearing, the commission finds that the holder is not in compliance with this chapter, or rules adopted or orders issued under it.
(C) A certificate issued under division (A) of this section is valid for one year and is renewable annually.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4921 | Motor Carrier Authority and Permitting › Section 4921.36 | Transporters of Household Goods; Additional Requirements.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Each holder of a certificate for the transportation of household goods shall do all of the following:
(A) Make its current certificate available for public inspection during normal business hours;
(B) Present each of its customers with information, written in plain and clear language and pursuant to a form prescribed by the public utilities commission, outlining a consumer's rights;
(C) Include its certificate number on all advertising, written estimates, and contracts, pursuant to rules adopted by the commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4921 | Motor Carrier Authority and Permitting › Section 4921.38 | Optional Rule Authority.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
In accordance with sections 4921.30 to 4921.36 of the Revised Code, the public utilities commission may adopt rules regarding any of the following:
(A) Providing for binding estimates by for-hire motor carriers engaged in the transportation of household goods in intrastate commerce;
(B) Providing for guaranteed-not-to-exceed estimates by those carriers;
(C) Requiring those carriers to include their certificate number in all advertising, written estimates, and contracts related to the transportation of household goods in intrastate commerce;
(D) As are necessary and proper to carry out this chapter with respect to those carriers;
(E) Providing for the enforcement of the consumer protection provisions of Title 49 of the United States Code related to the delivery and transportation of household goods in interstate commerce, as permitted by 49 U.S.C. 14710.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4923 | Motor Carrier Operations › Section 4923.01 | Definitions.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
As used in this chapter:
(A) "Ambulance," "interstate commerce," "intrastate commerce," "motor vehicle," "public highway," "ridesharing arrangement," and "school bus" have the same meanings as in section 4921.01 of the Revised Code.
(B) "For-hire motor carrier" means a person engaged in the business of transporting persons or property by motor vehicle for compensation, except when engaged in any of the following in intrastate commerce:
(1) The transportation of persons in taxicabs in the usual taxicab service;
(2) The transportation of pupils in school busses operating to or from school sessions or school events;
(3) The transportation of farm supplies to the farm or farm products from farm to market or to food fabricating plants;
(4) The distribution of newspapers;
(5) The transportation of crude petroleum incidental to gathering from wells and delivery to destination by pipe line;
(6) The transportation of injured, ill, or deceased persons by hearse or ambulance;
(7) The transportation of compost (a combination of manure and sand or shredded bark mulch) or shredded bark mulch;
(8) The transportation of persons in a ridesharing arrangement when any fee charged each person so transported is in such amount as to recover only the person's share of the costs of operating the motor vehicle for such purpose;
(9) The operation of motor vehicles for contractors on public road work.
"For-hire motor carrier" includes the carrier's agents, officers, and representatives, as well as employees responsible for hiring, supervising, training, assigning, or dispatching drivers and employees concerned with the installation, inspection, and maintenance of motor-vehicle equipment and accessories.
Divisions (B)(1) to (9) of this section shall not be construed to relieve a person from compliance with rules adopted under division (A)(2) of section 4923.04 of the Revised Code, division (E) of section 4923.06 of the Revised Code, division (B) of section 4923.07 of the Revised Code, and section 4923.11 of the Revised Code, or from compliance with rules regarding commercial driver's licenses adopted under division (A)(1) of section 4923.04 of the Revised Code.
(C) "Motor carrier" means both a for-hire motor carrier and a private motor carrier.
(D) "Private motor carrier" means a person who is not a for-hire motor carrier but is engaged in the business of transporting persons or property by motor vehicle, except as provided in section 4923.02 of the Revised Code. "Private motor carrier" includes the carrier's agents, officers, and representatives, as well as employees responsible for hiring, supervising, training, assigning, or dispatching drivers and employees concerned with the installation, inspection, and maintenance of motor-vehicle equipment and accessories.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4923 | Motor Carrier Operations › Section 4923.02 | Exemption From Provisions of Chapter.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) As used in this chapter, "private motor carrier" does not include a person when engaged in any of the following in intrastate commerce:
(1) The transportation of persons in taxicabs in the usual taxicab service;
(2) The transportation of pupils in school busses operating to or from school sessions or school events;
(3) The transportation of farm supplies to the farm or farm products from farm to market or to food fabricating plants;
(4) The distribution of newspapers;
(5) The transportation of crude petroleum incidental to gathering from wells and delivery to destination by pipe line;
(6) The transportation of injured, ill, or deceased persons by hearse or ambulance;
(7) The transportation of compost (a combination of manure and sand or shredded bark mulch) or shredded bark mulch;
(8) The transportation of persons in a ridesharing arrangement when any fee charged each person so transported is in such amount as to recover only the person's share of the costs of operating the motor vehicle for such purpose;
(9) The operation of motor vehicles for contractors on public road work.
(B) The public utilities commission may grant a motor carrier operating in intrastate commerce a temporary exemption from some or all of the provisions of this chapter and the rules adopted under it, when either of the following applies:
(1) The governor of this state has declared an emergency.
(2) The chairperson of the commission or the chairperson's designee has declared a transportation-specific emergency.
(C) The commission may adopt rules not incompatible with the requirements of the United States department of transportation to provide exemptions to motor carriers operating in intrastate commerce not otherwise identified in divisions (A) and (B) of this section.
(D) Divisions (A) to (C) of this section shall not be construed to relieve a person from compliance with the following:
(1) Rules adopted under division (A)(2) of section 4923.04 of the Revised Code, division (E) of section 4923.06 of the Revised Code, division (B) of section 4923.07 of the Revised Code, and section 4923.11 of the Revised Code;
(2) Rules regarding commercial driver's licenses adopted under division (A)(1) of section 4923.04 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4923 | Motor Carrier Operations › Section 4923.04 | Rules Applicable to Transportation of Persons, Property, or Hazardous Materials; Authority of Commission to Obtain Warrant or Subpoena.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) The public utilities commission shall adopt rules applicable to all of the following:
(1) The transportation of persons or property by motor carriers operating in interstate and intrastate commerce;
(2) The highway transportation and offering for transportation of hazardous materials by motor carriers, and persons engaging in the highway transportation and offering for transportation of hazardous materials, operating in interstate or intrastate commerce;
(3) The use and interchange of intermodal equipment, as those terms are defined in section 4923.041 of the Revised Code.
(B) The rules adopted under division (A) of this section shall not be incompatible with the requirements of the United States department of transportation.
(C) To achieve the purposes of this chapter and to assist the commission in the performance of any of its powers or duties, the commission, either through the public utilities commissioners or employees authorized by it, may do either or both of the following:
(1) Apply for, and any judge of a court of record of competent jurisdiction may issue, an appropriate search warrant;
(2) Examine under oath, at the offices of the commission, any officer, agent, or employee of any person subject to this chapter. The commission, by subpoena, also may compel the attendance of a witness for the purpose of the examination and, by subpoena duces tecum, may compel the production of all books, contracts, records, and documents that relate to compliance with this chapter or compliance with rules adopted under this chapter.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4923 | Motor Carrier Operations › Section 4923.041 | Definitions for Section 4923.04.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) As used in section 4923.04 of the Revised Code:
"Interchange" means the act of providing intermodal equipment to a motor carrier pursuant to an intermodal equipment interchange agreement for the purpose of transporting the equipment for loading or unloading by any person or repositioning the equipment for the benefit of the equipment provider, but it does not include the leasing of equipment to a motor carrier for primary use in the motor carrier's freight hauling operations.
"Intermodal equipment" means trailing equipment that is used in the intermodal transportation of containers over public highways in interstate commerce, including trailers and chassis.
(B) As used in this section:
"Intermodal equipment interchange agreement" means the uniform intermodal interchange and facilities access agreement or any other written document executed by an intermodal equipment provider or its agent and a motor carrier or its agent, the primary purpose of which is to establish the responsibilities and liabilities of both parties with respect to the interchange of the intermodal equipment.
"Intermodal equipment provider" means any person that interchanges intermodal equipment with a motor carrier pursuant to a written interchange agreement or has a contractual responsibility for the maintenance of the intermodal equipment.
"Person" means any individual, partnership, association, corporation, business trust, or any other organized group of individuals.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4923 | Motor Carrier Operations › Section 4923.06 | Inspections.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) The public utilities commission may, through the commission's inspectors or other authorized employees, enter in or upon any motor vehicle of any motor carrier, or any person engaging in the transportation of hazardous material or hazardous waste, to inspect the motor vehicle or driver subject to rules adopted under section 4923.04 of the Revised Code.
(B) In order to assist the commission in performing its duties under this section, authorized employees of the state highway patrol of the department of public safety may conduct inspections of motor vehicles and drivers.
(C) Inspectors and employees authorized to conduct inspections under divisions (A) and (B) of this section may, under the direction of the commission, stop motor vehicles to inspect those vehicles and drivers to enforce compliance with rules adopted under section 4923.04 of the Revised Code.
(D) Inspectors and employees authorized to conduct inspections under divisions (A) and (B) of this section shall conduct inspections consistent with the North American standard inspection procedure of the commercial vehicle safety alliance and the standards of the United States department of transportation. The inspectors and employees may declare drivers and motor vehicles out-of-service consistent with this procedure and these standards.
(E) The commission may adopt rules to carry out this section that are not incompatible with the requirements of the United States department of transportation.