reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-6 - Hazardous Materials Carriers Registration › Section 4901:2-6-05 - Fees

Current through all regulations passed and filed through July 1, 2024
(A)
								 The processing fee for a uniform application submitted
			 to the commission shall be in the amount provided for in section
			 4921.19 of the Revised
			 Code.
(B)
								 The apportioned per vehicle registration fee required
			 by the uniform application shall be determined by multiplying the following and
			 then rounding up to the nearest whole number:
(1)
									 The percentage
			 of an applicant's activity in this state, as calculated in accordance with
			 section 4921.19 of the Revised Code;
			 times
(2)
									 The percentage of the applicant's business that is
			 hazardous-materials-related, as calculated in accordance with section
			 4921.19 of the Revised Code;
			 times
(3)
									 The number of motor vehicles owned or operated by the
			 applicant; times
(4)
									 A per-motor vehicle fee of twenty
			 dollars.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-6 - Hazardous Materials Carriers Registration › Section 4901:2-6-06 - Term of uniform program registration and uniform program permit

Current through all regulations passed and filed through July 1, 2024
(A)
								 The term of the uniform program permit issued to a
			 carrier pursuant to Rule
			 4901:2-6-03
			 of the Administrative Code shall be for three years from the date issued unless
			 the carrier fails to renew its annual registration pursuant to paragraph (B) of
			 this rule.
(B)
								 Each carrier that has designated Ohio as its base
			 state pursuant to rule
			 4901:2-6-03
			 of the Administrative Code shall renew its registration on an annual basis by
			 filing with the commission parts I and IV of the uniform application (short
			 form), and paying the fees described in paragraphs (A) and (B) of rule
			 4901:2-6-05 of
			 the Administrative Code. Upon a carrier's compliance with this paragraph, the
			 commission shall issue a registration credential to the carrier. A registration
			 credential is valid for one year from the date issued.
(C)
								 A carrier that
			 has designated a reciprocity state as its base state shall renew its
			 registration with that state on an annual basis, with the appropriate
			 apportioned per-motor vehicle registration fees paid for this state pursuant to
			 paragraph (B) of rule
			 4901:2-6-05 of
			 the Administrative Code.
Replaces: 4901:2-6-10
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-6 - Hazardous Materials Carriers Registration › Section 4901:2-6-07 - Standards for the suspension or revocation of a uniform program permit

Current through all regulations passed and filed through July 1, 2024
(A)
								 No carrier may transport hazardous materials, in
			 commerce, into, within, or through this state if the commission, or a
			 reciprocity state, has suspended or revoked the uniform program permit of such
			 carrier. No carrier which has been issued a uniform program permit by a
			 reciprocity state may transport hazardous materials, in commerce, into, within,
			 or through this state if the commission has ordered the suspension of the
			 transportation of hazardous materials into, within, or through this state by
			 such carrier.
(B) The commission may, after notice and an opportunity for
			 hearing pursuant to rule
			 4901:2-6-08
			 of the Administrative Code, suspend or revoke the uniform program permit of a
			 carrier, or order the suspension of the transportation of hazardous materials
			 into, within, or through this state by a carrier issued a uniform program
			 permit by a reciprocity state, if the commission determines that:
(1)
									 Such carrier has
			 been issued an "unsatisfactory" safety rating by the United States department
			 of transportation.
(2)
									 Such carrier is under a current out of service order
			 issued by United States department of transportation.
(3)
									 Such carrier has
			 knowingly made a materially false or misleading statement on a uniform
			 application.
(4)
									 Such carrier has engaged in a pattern of violations of
			 the commission's rules or has failed to comply with any order of the commission
			 issued to secure compliance with the commission's rules.
(5)
									 Conditions are
			 present that would render such carrier unable to maintain any certifications
			 required by the uniform application.
Replaces: 4901:2-6-11
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-6 - Hazardous Materials Carriers Registration › Section 4901:2-6-08 - Proceedings related to the suspension or revocation of a uniform program permit

Current through all regulations passed and filed through July 1, 2024
(A)
								 A proceeding to suspend or revoke the uniform program
			 permit of a carrier, or order the suspension of the transportation of hazardous
			 materials into, within, or through this state by a carrier issued a uniform
			 program permit by a reciprocity state, shall be initiated by the filing of a
			 staff report recommending the actions to be taken by the commission. The staff
			 report shall be served upon the carrier by ordinary or certified United States
			 mail.
(B)
								 Upon the filing of a staff report, the commission
			 shall order the respondent to show cause why the commission should not adopt
			 the staff's recommendations as its order. The order shall require the
			 respondent to file a written answer within fifteen days of the effective date
			 of the order. The order shall be served upon the respondent by ordinary or
			 certified United States mail.
(C)
								 A respondent
			 upon whom an order described in paragraph (B) of this rule has been served must
			 answer the order to show cause within fifteen days of its effective date. This
			 response shall be in writing and shall contain a detailed statement indicating
			 why the actions recommended by staff may be unjustified, mitigating
			 circumstances or subsequent remedial measures undertaken in regards to the
			 issues raised in the staff report, and any other information relevant to the
			 proposed actions.
(D)
								 If a respondent fails to answer the order to show
			 cause, the commission may issue an order adopting the staff's recommendations
			 and/or issue any other orders the commission deems necessary. If an answer is
			 filed by the respondent, the matter shall be assigned for hearing unless the
			 answer of the respondent is deemed to be satisfactory, in which event the order
			 to show cause may be dismissed. Such hearing shall be conducted in accordance
			 with Chapter 4901-1 of the Administrative Code.
Replaces: 4901:2-6-12
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-6 - Hazardous Materials Carriers Registration › Section 4901:2-6-09 - Notices of deficiency and alternative dispute resolution

Current through all regulations passed and filed through July 1, 2024
(A)
								 The staff may
			 issue a "notice of deficiency" to a respondent before it files a staff report
			 pursuant to rule
			 4901:2-6-08
			 of the Administrative Code. The notice shall indicate the nature of the
			 deficiencies prompting the notice, instructions regarding the manner in which
			 the respondent may serve a response upon the staff, and a statement of the
			 actions that the commission may take if the respondent fails to remedy the
			 deficiencies raised in the notice. The notice shall be served upon the
			 respondent by ordinary United States mail, facsimile transmission, or
			 electronic mail if the respondent to be served has consented to receive service
			 by electronic mail.
(B)
								 A respondent upon whom a "notice of deficiency" has
			 been served may serve a response upon the staff within thirty days of service
			 of the notice. The response shall be in writing and shall contain a detailed
			 statement indicating why the issuance of the notice may be unjustified,
			 mitigating circumstances or subsequent remedial measures undertaken in regards
			 to the issues raised in the notice, and any other information relevant to the
			 issues raised in the notice. The response shall be served upon the staff by
			 ordinary United States mail, facsimile transmission, or electronic
			 mail.
(C)
								 If the response filed under paragraph (B) of this rule
			 demonstrates to the satisfaction of the staff that the causes for the issuance
			 of the "notice of deficiency" have been remedied, the staff shall rescind the
			 notice and notify the respondent in writing.
(D)
								 No offers of
			 settlement or statements made during discussions of settlement in regards to a
			 "notice of deficiency," or a response to any such notice served upon the staff,
			 shall be admissible in any subsequent evidentiary hearing regarding the subject
			 matter of such a notice or response.
(E)
								 The purpose of
			 this rule is to provide an alternative dispute resolution process. A
			 determination by the staff to issue or not to issue a "notice of deficiency"
			 shall not in any way prejudice the right of the commission to suspend or revoke
			 the uniform program permit of a carrier, or order the suspension of the
			 transportation of hazardous materials into, within, or through this state by a
			 carrier issued a uniform program permit by a reciprocity state.
Replaces: 4901:2-6-13
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A) "Commission" means the public utilities
			 commission of Ohio.
(B) "Days,"
			 when used to compute any period of time prescribed or allowed by these rules,
			 
								do not
			 include the date of the act or event from which the designated period of time
			 begins to run. The last day of the period so computed
			 
								is
			 included, unless it is a Saturday, Sunday, or legal holiday, in which event the
			 period runs until the end of the next day which is not a Saturday, Sunday, or
			 legal holiday.
(C) "Director" means
			 the director of the commission's transportation department or the director's
			 designee.
(D) "Filing" means
			 delivery to the commission's docketing division in accordance with rule
			 4901-1-02 of the Administrative
			 Code.
(E) "Hearing" means all
			 proceedings before the commission involving a violation, commencing with the
			 filing of a request for administrative hearing and concluding with the issuance
			 of a final order of the commission.
(F) "Parties" means the staff, the
			 respondent, and any persons permitted to intervene in accordance with rule
			 4901-1-11 of the Administrative
			 Code, after commencement of a hearing.
(G) "Person" has the same meaning as in
			 section 1.59 of the Revised
			 Code.
(H) "Report of violation"
			 means the information provided to staff in accordance with rule
			 4901:2-7-04 of the
			 Administrative Code, or as a result of an inspection conducted pursuant to rule
			 4901-2-5-13 of the
			 Administrative Code, including any documentary, photographic, or other evidence
			 collected regarding the violation.
(I) "Respondent" means a person that the
			 staff has determined may be responsible for a violation.
(J) "Staff" means employees of the
			 transportation department of the commission to whom responsibility has been
			 delegated for administering the provisions of section
			 4923.99 of the Revised Code, as
			 applicable.
(K) "Violation" means
			 any conduct, act, or failure to act, prohibited by Chapters 4921. and 4923. of
			 the Revised Code, and rules adopted thereunder, or commission order.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-02 - Purpose and scope

Current through all regulations passed and filed through July 1, 2024
(A) This chapter governs all proceedings of
			 the commission to assess forfeitures and make compliance orders as authorized
			 by section
								4923.99 of the Revised
			 Code.
(B) The commission may, upon
			 an application or a motion filed by a party, waive any requirement of this
			 chapter, other than a requirement mandated by statute, for good cause
			 shown.
Five Year Review (FYR) Dates:
				5/27/2022 and
				05/27/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				4905.81,
				4923.04,
				4923.99
Rule Amplifies:
				4905.81,
				4923.04,
				4923.99
Prior Effective Dates: 03/19/1987, 09/28/1988, 12/23/1988,
				12/14/1995, 10/22/2007, 09/05/2011,
				07/22/2016
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-03 - Service

Current through all regulations passed and filed through July 1, 2024
(A) General
			 provisions
(1) The official address of the
			 staff is "Public Utilities Commission of Ohio, Transportation Compliance
			 Division, 180 East Broad Street, Columbus, OH 43215-3793."
(2) All documents served upon the staff via
			 facsimile transmission must be sent to the facsimile machine in the
			 commission's transportation compliance division at (614) 466-2753.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-04 - Investigation and reports of violations

Current through all regulations passed and filed through July 1, 2024
(A) The commission, any commissioner, the
			 legal director, the deputy legal director, or an attorney examiner may issue
			 subpoenas, upon the request of the staff, when the staff has cause to believe
			 that a violation for which a forfeiture may be assessed has been committed. A
			 subpoena  commands the person to whom
			 it is directed to attend and give testimony at the time and place specified
			 therein. A subpoena may also command such person to produce the papers,
			 documents, or other tangible things described therein. A subpoena issued under
			 this rule shall be served by personal service or by certified United States
			 mail and is effective upon receipt.
(B) The commission, any commissioner, the
			 legal director, the deputy legal director, or an attorney examiner may, upon
			 his or her own motion or upon motion of the person to whom the subpoena is
			 directed, quash a subpoena if it is unlawful, unreasonable, or
			 oppressive.
(C) Any person having
			 statutory authority to take enforcement action regarding a violation may
			 transmit a report of violation to staff on forms prescribed by the director, or
			 
								otherwise in
			 writing.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-05 - Notice of apparent violation

Current through all regulations passed and filed through July 1, 2024
When the staff receives a report of violation, or otherwise
				discovers a violation, it may serve a "notice of apparent violation" upon one
				or more respondents. The notice of apparent violation contains:
(A) An identification of the date of the
			 violation and person, vehicle, or facility concerning which the violation
			 occurred.
(B) Reference to the
			 statute, rule or regulation, or order of the commission that was
			 violated.
(C) A brief description
			 of the manner in which the violation is alleged to have occurred.
(D) Instructions regarding the manner in
			 which the respondent may serve a timely request for conference to contest the
			 violation.
(E) A notice that
			 failure to contest the violation conclusively establishes the occurrence of the
			 violation.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-07 - Notice of intent to assess forfeiture

Current through all regulations passed and filed through July 1, 2024
(A) Within ninety days of the receipt of a
			 report of violation, or the discovery of a violation, but no later than one
			 year following the date the violation occurred, the staff may serve a "notice
			 of intent to assess forfeiture" for that violation upon one or more
			 respondents. The notice of intent to assess forfeiture contains:
(1) An identification of the date of the
			 violation and person, vehicle, or facility concerning which the violation
			 occurred.
(2) Reference to the
			 statute, rule or regulation, or order of the commission that was
			 violated.
(3) A brief description
			 of the manner in which the violation is alleged to have occurred.
(4) The amount of the forfeiture intended to
			 be assessed.
(5) A statement that
			 respondent's failure to serve a timely request for conference constitutes a
			 waiver of respondent's right to further contest liability to the state for the
			 forfeiture described in the notice.
(6) A description of the manner in which the
			 respondent may make payment of the forfeiture.
(7) Instructions regarding the manner in
			 which the respondent may serve a timely request for conference to contest the
			 occurrence of the violation or the amount of the forfeiture.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-08 - Notice of intent to make compliance order

Current through all regulations passed and filed through July 1, 2024
When staff has reason to believe that a person or entity has
				committed one or more violations, staff may serve a "notice of intent to make
				compliance order" upon one or more respondents
								that is reasonably
				calculated to prevent future violations. The notice of intent to make
				compliance order contains:
(A) An
			 identification of the date of each violation and person, vehicle, or facility
			 concerning which the violation occurred.
(B) Reference to the statute, rule or
			 regulation, or order of the commission that was violated.
(C) A brief description of the manner in
			 which each violation is alleged to have occurred.
(D) The language of the compliance order
			 intended to be made.
(E) A
			 statement that respondent's failure to serve timely a request for conference
			 constitutes a waiver of respondent's right to further contest the making of the
			 order described in the notice.
(F)
			 Instructions regarding the manner in which the respondent may serve a timely
			 request for conference to contest the making of the compliance order.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-09 - Combined notices

Current through all regulations passed and filed through July 1, 2024
One or more timely notices directed to a single respondent may
				be combined or merged in any combination.
Five Year Review (FYR) Dates:
				5/27/2022 and
				05/27/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				4905.81,
				4923.04,
				4923.99
Rule Amplifies:
				4905.81,
				4923.04,
				4923.99
Prior Effective Dates: 09/28/1988 (Emer.),
				12/23/1988
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-10 - Request for conference

Current through all regulations passed and filed through July 1, 2024
(A) A respondent upon whom a notice of
			 apparent violation, a notice of intent to assess forfeiture, a notice of intent
			 to make compliance order, or a combined notice has been served may, within
			 thirty days, serve upon staff a "request for conference." The
			 written request for conference
			  may be in any
			 legible form which identifies the matter to be discussed,
								 communicates
			 respondent's desire to have a conference concerning the matter,
								and contains the name, address, and telephone number of the
			 respondent or the respondent's authorized representative.
(B) The conference may occur via video
			 conference, by telephone, or through written communications, and may be held
			 with the respondent or the respondent's authorized representative. The
			 respondent 
								may present reasons why the violation did not
			 occur as alleged, mitigating circumstances regarding the amount of the
			 forfeiture, reasons why the compliance order may be unjustified, or any other
			 information relevant to the action proposed to be taken.
(C) The staff 
								may notify the
			 respondent of the date and time of the settlement conference by service of a
			 scheduling notice, at least fourteen days prior to the date and time
			 established for the conference, unless otherwise agreed by the staff and the
			 respondent.
(D) Unless contained in
			 or otherwise provided in a settlement agreement, no statement or conduct
			 occurring in a settlement conference is admissible in any hearing regarding the
			 violation.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-11 - Settlement agreements

Current through all regulations passed and filed through July 1, 2024
(A) Should the staff and the respondent reach
			 agreement regarding the occurrence of a violation, the amount of a forfeiture
			 to be assessed, or the nature of a compliance order to be made, the agreement
			 may be reduced to writing in a "settlement agreement."
			 
								Where an
			 agreement 
								is signed by the director and by the respondent,
			 
								it
			 is fully binding upon the commission and the respondent upon execution,
			 except as otherwise provided in this rule.
(B) A settlement agreement may contain an
			 agreed forfeiture, an agreed compliance order, another agreed remedy, or
			 withdrawal of the violation, regardless of the remedy specified in the notice
			 of apparent violation, notice of intent to assess forfeiture, notice of intent
			 to make compliance order, or a combined notice.
(C) Settlement agreements providing for the
			 payment of forfeitures of ten thousand dollars or more for any violation
			 
								are not
			  effective until approved by and made the
			 order of the commission.
(D) In
			 negotiating a settlement agreement, staff may consider any matters as justice
			 may require, including, but not limited to:
(1) Mitigating circumstances relevant to the
			 occurrence of the violation.
(2)
			 The respondent's ability to pay.
(3) The effect on the respondent's ability to
			 continue in business.
(4)
			 Imposition of remedies to assure future compliance other than those specified
			 in the notice.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-12 - Notice of preliminary determination

Current through all regulations passed and filed through July 1, 2024
Following service of a notice of apparent violation, a notice
				of intent to assess forfeiture, a notice of intent to make compliance order, or
				a combined notice, the staff may serve a "notice of preliminary determination"
				upon the respondent. The signed notice of preliminary determination
				contains:
(A) An identification of the
			 date of the violation and person, vehicle, or facility concerning which the
			 violation occurred.
(B) Reference
			 to the statute, rule or regulation, or order of the commission which was
			 violated.
(C) A brief description
			 of the violation, the amount of the forfeiture intended to be assessed, or the
			 language of the compliance order intended to be made.
(D) Instructions regarding the manner in
			 which the respondent may serve a timely request for administrative hearing to
			 contest the alleged violation, the proposed forfeiture, or the making of the
			 compliance order.
(E) A notice that
			 failure to file a request for administrative hearing conclusively establishes
			 the occurrence of the violation described in the notice of preliminary
			 determination and constitutes a waiver of the right of the respondent to
			 contest liability to the state for the forfeiture proposed in the notice of
			 preliminary determination or the right of the respondent to contest the making
			 of the compliance order proposed in the notice of preliminary
			 determination.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-13 - Request for administrative hearing

Current through all regulations passed and filed through July 1, 2024
Within thirty days following service by the staff of a notice
				of preliminary determination in accordance with rule
				4901:2-7-12 of the
				Administrative Code, the respondent may file a "request for administrative
				hearing" with the commission's docketing division. Acceptable written requests
				for administrative hearing contain the name, address, and telephone number of
				the respondent and the case number assigned to the matter by the staff, are
				signed by the respondent or its authorized representative, and attach a copy of
				the notice of preliminary determination served by the staff upon the
				respondent.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-15 - Extensions of time

Current through all regulations passed and filed through July 1, 2024
(A)
								Prior to a
			 respondent filing a request for an administrative hearing pursuant to rule
			 4901:2-7-13
			 of the Administrative Code, any time within which a respondent is required to
			 act under this chapter may be extended by the director, in writing, for good
			 cause shown.
(B)
								Prior to a respondent filing a request for an
			 administrative hearing pursuant to rule
			 4901:2-7-13
			 of the Administrative Code, any time within which the staff is required to act
			 under this chapter may be extended by the written agreement of the staff and
			 the respondent.
Replaces: 4901:2-7-15
Five Year Review (FYR) Dates:
				5/27/2022 and
				05/27/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				4905.81,
				4923.04,
				4923.99
Rule Amplifies:
				4905.81,
				4923.04,
				4923.99
Prior Effective Dates: 11/11/1978, 09/28/1988 (Emer.), 12/23/1988,
				10/28/1990, 04/12/2002, 10/22/2007, 09/05/2011,
				07/22/2016
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-16 - Conduct of hearing

Current through all regulations passed and filed through July 1, 2024
(A) Unless otherwise provided in this
			 chapter, all hearings 
								occur in accordance with Chapter 4901-1 of the
			 Administrative Code.
(B) Subsequent
			 to a respondent filing a request for administrative hearing pursuant to rule
			 4901:2-7-13 of the
			 Administrative Code, a prehearing conference 
								may be
			 scheduled in accordance with rule
			 4901-1-26 of the Administrative
			 Code, unless otherwise ordered by the commission or agreed by the
			 parties.
(C) Discovery
			 
								can occur in accordance with rules
			 4901-1-16 to
			 4901-1-24 of the Administrative
			 Code except that depositions 
								are permitted only upon agreement of all parties
			 or motion granted by the commission, the legal director, the deputy legal
			 director, or the attorney examiner assigned to the case, which leave
			 
								can not
			 be unreasonably withheld.
(D) The
			 commission, the legal director, the deputy legal director, or an attorney
			 examiner assigns the time and place for an evidentiary hearing. The evidentiary
			 hearing may consist of written stipulations, oral testimony, or such other
			 evidence that is admitted.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-20 - Burden of proof

Current through all regulations passed and filed through July 1, 2024
(A) During the evidentiary hearing, the staff
			 must prove the occurrence of a violation by a preponderance of the
			 evidence.
(B) If staff is required
			 to establish a respondent's history of violations, prior reports of violation
			 relied upon by staff to meet its burden constitute prima facie evidence of the
			 occurrence of those violations. Additionally, the staff's reliance on any of
			 the following conclusively establishes the occurrence of a prior violation:
(1) Any final order concerning a prior
			 violation rendered by the commission as the result of a hearing.
(2) Any final order concerning a prior
			 violation rendered by the commission in accordance with paragraph (F) of rule
			 4901:2-7-14 of the
			 Administrative Code.
(3) Any instance for
			 which staff has served a notice of apparent violation concerning a prior
			 violation, and no request for conference has been served by respondent within
			 the time provided in this chapter, or, for which staff has served a notice of
			 preliminary determination concerning a prior violation, and no request for
			 administrative hearing has been filed by respondent within the time provided in
			 this rule.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-21 - Remedy ordered

Current through all regulations passed and filed through July 1, 2024
If justified by the evidence in any hearing, the commission may
				order payment of a forfeiture greater than, less than, or equal to the
				forfeiture requested in the notice of intent to assess forfeiture or the notice of
				preliminary determination. The commission is not restricted in the making
				of any compliance order by the order proposed in the notice of intent to
				make compliance order or the notice of preliminary determination, if
				another order is justified by the evidence.
Five Year Review (FYR) Dates:
				5/27/2022 and
				05/27/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				4905.81,
				4923.04,
				4923.99
Rule Amplifies:
				4905.81,
				4923.04,
				4923.99
Prior Effective Dates: 09/28/1988 (Emer.), 12/23/1988, 12/14/1995,
				10/22/2007, 07/22/2016
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-22 - Payment of forfeitures

Current through all regulations passed and filed through July 1, 2024
(A) Forfeitures are to be paid by check,
			 money order, or by any other means the staff makes available to a respondent. A
			 check or money order made payable to "Treasurer, State of Ohio," and may be
			 mailed or delivered to:
"Public Utilities Commission of Ohio
Transportation Compliance Division
Attn: CF Processing 180 East Broad Street
Columbus, Ohio 43215-3793"
Any instrument of payment should contain the identifying case
				number of the violation for which payment is tendered.
(B) If the only remedy requested with respect
			 to a violation is the payment of a forfeiture, and full payment of the
			 forfeiture demanded in the notice is made prior to the execution of a
			 settlement agreement or any final commission order, full payment constitutes an
			 admission of the occurrence of the violation and terminates all further
			 proceedings under this chapter, and Chapter 4901-1 of the Administrative Code,
			 regarding that violation. Full payment under these circumstances conclusively
			 establishes the occurrence of the violation for purposes of consideration of a
			 respondent's history of violations and for determining the appropriate remedy
			 for any future violation.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-8 - Highway Routing of Non-Radioactive Hazardous Materials › Section 4901:2-8-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of references to a
				section of either the United States Code or a regulation in the Code of Federal
				Regulations, see rule
				4901:2-5-02 of
				the Administrative Code.]
As used in this chapter:
(A) "Carrier" means any person, engaged in
			 the highway transportation of hazardous materials, in commerce, into, within,
			 or through this state.
(B)
			 "Designated routes" means those highway routes on which hazardous materials
			 must be transported.
(C) "Hazardous
			 materials" means nonradioactive hazardous materials of a type or in a quantity
			 that requires the transport vehicle to be placarded pursuant to 49 C.F.R. 172,
			 as effective on the date referenced in paragraph (C) of rule
			 4901:2-5-02 of the Administrative Code.
(D) "Restricted routes" means those highway
			 routes on which hazardous materials may not be transported.
(E) "Routing designation" means any
			 regulation, limitation, or restriction applicable to the highway transportation
			 of hazardous materials over a specific highway route or portion of a
			 route.
Effective: 6/9/2019
Five Year Review
				(FYR) Dates: 3/25/2019 and
				03/25/2024
Promulgated
				Under: 111.15
Statutory
				Authority: 4905.81,
				4923.11
Rule
				Amplifies: 4923.11
Prior
				Effective Dates: 07/01/1996, 03/01/2003, 09/27/2010,
				07/18/2013
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-8 - Highway Routing of Non-Radioactive Hazardous Materials › Section 4901:2-8-02 - Purpose and scope

Current through all regulations passed and filed through July 1, 2024
(A) This chapter governs all proceedings of
			 the commission to establish routing designations applicable to the highways
			 transportation of nonradioactive hazardous materials, in commerce, into,
			 within, or through, this state as authorized by section
			 4923.11 of the Revised
			 Code.
(B) The commission may, upon
			 an application or a motion filed by a party, waive any requirement of this
			 chapter, other than a requirement mandated by statute, for good cause
			 shown.
(C) Each citation contained
			 within this chapter that is made to a regulation in the code of federal
			 regulations is intended, and serves, to incorporate by reference the particular
			 version of the cited matter as effective on the date referenced in paragraph
			 (C) of rule
			 4901:2-5-02 of the
			 Administrative Code.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-8 - Highway Routing of Non-Radioactive Hazardous Materials › Section 4901:2-8-03 - Establishment of routing designations

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of references to a section of either the
				United States Code or a regulation in the Code of Federal Regulations, see rule
				4901:2-5-02 of the
				Administrative Code.]
(A) Other than
			 routing designations recognized by the United States department of
			 transportation, routing designations 
								are established in accordance with
			 49 C.F.R.
			 397, as effective on the date referenced in
			 paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code.
(B) No carrier
			 transporting hazardous materials into, within, or through, this state shall
			 fail to comply with routing designations recognized by the United States
			 department of transportation or established in accordance with this
			 rule.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-8 - Highway Routing of Non-Radioactive Hazardous Materials › Section 4901:2-8-04 - Routing designations for northeast Ohio

Current through all regulations passed and filed through July 1, 2024
(A) As used in this rule, "northeast Ohio"
			 means the following counties in the state of Ohio: Cuyahoga, Geauga, Lake,
			 Lorain, Medina.
(B) As used in this
			 rule, "through transportation" means the transportation of hazardous materials
			 which has neither a place of origin nor a destination in northeast
			 Ohio.
(C) The following routes
			 
								are
			 designated routes for the through transportation of hazardous materials in
			 northeast Ohio:
(1) Interstate 90 from the
			 Lake/Ashtabula county line to interstate 271 in Lake county.
(2) Interstate 80 and interstate 80/90 (Ohio
			 Turnpike) from gate 13 in Portage county to the Lorain/Erie county
			 line.
(3) Interstate 271 from
			 interstate 90 in Lake county to interstate 71 in Medina county.
(4) Interstate 77 from interstate 80 in
			 Cuyahoga county to interstate 271 in Summit county.
(5) Interstate 71 from interstate 80 in
			 Cuyahoga county to Medina/Wayne county line.
(6) Interstate 480 from interstate 80, gate
			 13 in Portage county to interstate 271 in Summit county.
(7) Interstate 480 from interstate 480N in
			 Cuyahoga county to interstate 80 in Lorain county.
(8) Interstate 480N from interstate 271 to
			 interstate 480 in Cuyahoga county.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-13 - Insurance › Section 4901:2-13-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								 "Cargo liability" means liability for loss or damage
			 to household goods belonging to individual shippers and coming into possession
			 of a for-hire motor carrier in connection with its transportation
			 service.
(B)
								 "Commission" means the public utilities commission of
			 Ohio.
(C)
								 "Evidence of security" means a surety bond, policy of
			 insurance, or certificate of insurance issued to a motor carrier to satisfy the
			 financial responsibility requirements set forth in this
			 chapter.
(D)
								 "Financial responsibility" means the financial
			 reserves (e.g. insurance policies or surety bonds) sufficient to satisfy
			 liability amounts set forth in this chapter covering public liability and cargo
			 liability.
(E)
								 "For-hire motor carrier" has the same meaning as in
			 section 4921.01 of the Revised
			 Code.
(F)
								 "Gross combination weight rating" has the same meaning
			 as in
			 49
			 C.F.R. 390.5, as effective on the date
			 referenced in paragraph (C) of rule
			 4901:2-13-02 of
			 the Administrative Code.
(G)
								 "Gross vehicle weight rating" has the same meaning as
			 in 49 C.F.R. 390.5, as
			 effective on the date referenced in paragraph (C) of rule
			 4901:2-13-02 of
			 the Administrative Code.
(H)
								 "Hazardous material" has the same meaning as in
			 49 C.F.R.
			 171.8, as effective on the date referenced in
			 paragraph (C) of rule
			 4901:2-13-02 of
			 the Administrative Code.
(I)
								 "Household goods" has the same meaning as in section
			 4921.01 of the Revised
			 Code.
(J)
								 "Interstate commerce" has the same meaning as in
			 section 4921.01 of the Revised
			 Code.
(K)
								 "Intrastate commerce" means any trade, traffic, or
			 transportation within Ohio which does not meet the definition of interstate
			 commerce.
(L)
								 "Motor carrier" includes all for-hire motor carriers
			 and private motor carriers operating in intrastate commerce.
(M)
								 "Motor vehicle"
			 has the same meaning as in section
			 4921.01 of the Revised
			 Code.
(N)
								 "Private motor carrier" has the same meaning as in
			 section 4923.01 of the Revised
			 Code.
(O)
								 "Public Liability" means liability for bodily injury
			 or property damage and includes liability for environmental restoration.
Replaces: 4901:2-13-01
Five Year Review (FYR) Dates:
				6/8/2021 and
				06/08/2026
Promulgated
				Under:
				111.15
Statutory Authority: R.C.
				4921.09
Rule Amplifies: R.C.
				4921.09
Prior Effective Dates: 02/01/1975, 08/01/1992, 07/15/1999,
				02/20/2010, 09/27/2010, 12/11/2014
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-13 - Insurance › Section 4901:2-13-02 - Purpose and scope

Current through all regulations passed and filed through July 1, 2024
(A) This chapter
			 governs the establishment of insurance requirements applicable to motor
			 carriers operating in intrastate commerce.
(B) The commission may, upon an application
			 or a motion filed by a party, waive any requirement of this chapter, other than
			 a requirement mandated by statute, for good cause shown.
(C) Each citation contained within this
			 chapter that is made to a regulation in the code of federal regulations is
			 intended, and serves, to incorporate by reference the particular version of the
			 cited matter that was effective on August 25, 2023.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-13 - Insurance › Section 4901:2-13-03 - Minimum levels of financial responsibility

Current through all regulations passed and filed through July 1, 2024
No motor carrier shall operate a motor
				vehicle in intrastate commerce unless the motor carrier has obtained and has in
				effect the minimum levels of financial responsibility as set forth in this
				rule.
(A)
								 For-hire motor carriers engaged in the transportation
			 of property in intrastate commerce, and not subject to paragraph (D) or (E) of
			 this rule, shall maintain minimum levels of financial responsibility covering
			 public liability in an amount of seven hundred fifty thousand dollars, unless
			 the for-hire motor carrier exclusively operates motor vehicles with a gross
			 vehicle weight rating or a gross combination weight rating of less than ten
			 thousand one pounds, in which event the for-hire motor carrier shall maintain
			 minimum levels of financial responsibility covering public liability in an
			 amount of three hundred thousand dollars.
(B)
								 For-hire motor
			 carriers, engaged in the transportation of household goods in intrastate
			 commerce, shall maintain minimum levels of financial responsibility covering
			 cargo liability in an amount of:
(1)
									 Five thousand dollars for loss of or damage to
			 household goods carried on any one motor vehicle; and
(2)
									 Ten thousand
			 dollars for loss of or damage to, or aggregate of losses or damages of or to,
			 household goods occurring at any one time or place.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-13 - Insurance › Section 4901:2-13-04 - Financial responsibility filing requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								 No for-hire
			 motor carrier that is subject to section
			 4921.09 of the Revised Code,
			 shall engage in intrastate commerce, and no certificate of public convenience
			 and necessity shall be issued to a for-hire motor carrier, or remain in effect,
			 unless it has filed with and has had approved by the commission evidence of
			 financial responsibility covering public liability in the amounts set forth in
			 rule
			 4901:2-13-03
			 of the Administrative Code.
(B)
								 Evidence of
			 financial responsibility covering cargo liability in the amounts set forth in
			 rule
			 4901:2-13-03
			 of the Administrative Code must be filed by all for-hire motor carriers engaged
			 in the transportation of household goods in intrastate commerce. However, bus
			 companies operating in intrastate commerce are not required to do
			 so.
(C)
								 Separate evidence of financial responsibility shall be
			 filed with the commission for each for-hire motor carrier holding a certificate
			 of public convenience and necessity. A for-hire motor carrier shall cause such
			 evidence of financial responsibility to be filed with the commission by the
			 insurer.
Replaces: 4901:2-13-04
Five Year Review (FYR) Dates:
				6/8/2021 and
				06/08/2026
Promulgated
				Under:
				111.15
Statutory Authority: R.C.
				4921.09
Rule Amplifies: R.C.
				4921.09
Prior Effective Dates: 02/01/1975, 08/01/1992, 07/15/1999,
				12/11/2014
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-13 - Insurance › Section 4901:2-13-05 - General requirements

Current through all regulations passed and filed through July 1, 2024
(A) Evidence of security required under the
			 rules of this chapter must be issued by an insurance or bonding company
			 authorized to do business in Ohio by the Ohio department of
			 insurance.
(B) Each type of
			 coverage (e.g. public liability, cargo liability) may be written with multiple
			 companies or with a single company.
(C) Evidence of security written for filing
			 with the commission pursuant to rule
			 4901:2-13-04 of the
			 Administrative Code may be for a specified period or continuous until canceled.
			 Continuous coverage is preferred by the commission.
(D)
								
								Acceptable
			 evidence of security written for filing with the commission pursuant to
			 rule 4901:2-13-04 of the
			 Administrative Code 
								includes the full and correct name of the
			 applicant for or the holder of a certificate of public convenience and
			 necessity and, whenever necessary, such amended
			 policy, certificate, or bond 
								as is necessary to show the name
			 or names of the legal or personal representatives, trustees and receivers,
			 engaging or proposing to engage as a for-hire motor carrier.
			 
								Acceptable
			 evidence of security  also
			 shows the address and principal place of business
			 of the insured for-hire motor carrier or legal representative.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-13 - Insurance › Section 4901:2-13-08 - Expiration and cancellation of insurance; rescission of cancellation

Current through all regulations passed and filed through July 1, 2024
(A) When evidence
			 of security required to be on file with the commission pursuant to rule
			 4901:2-13-04 of the
			 Administrative Code is to be canceled short of the specified term or expiration
			 date specified therein, the commission requires not less than ten days' written
			 notice of cancellation. Notice of cancellation 
								may be given to
			 the commission by the insurer in the form set forth by the
			 commission.
(B) Notice to rescind
			 cancellation and reinstate an insurance policy or surety bond
			 
								may be
			 given to the commission in the form set forth by the commission.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-15 - Registration of Motor Carriers Operating Under Authority Issued by the Interstate Commerce Commission › Section 4901:2-15-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) "Base state" means
			 a participating state in which a motor carrier, motor private carrier, broker,
			 leasing company, or freight forwarder subject to the unified carrier
			 registration 
								plan shall designate.
(B) "Broker" means a
			 person who, for compensation, sells, arranges for, or offers to arrange the
			 transportation of persons or property by motor carrier.
(C)
			 "Commission" means the public utilities commission of Ohio.
(D)
			 "Freight forwarder" means a person who, for compensation, arranges for or
			 offers to arrange for the transportation of property belonging to others,
			 utilizing motor carriers to provide the actual transportation, and in the
			 ordinary course of its business:
(1) Assembles
			 and consolidates, or provides for assembling and consolidating, shipments and
			 performs or provides for break-bulk and distribution operations of the
			 shipments; and
(2) Assumes
			 responsibility for the transportation from the place of receipt to the place of
			 destination.
Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-15 - Registration of Motor Carriers Operating Under Authority Issued by the Interstate Commerce Commission › Section 4901:2-15-02 - Purpose and scope

Current through all regulations passed and filed through July 1, 2024
(A) This chapter governs the establishment of
			 requirements applicable to 
			 motor carriers, motor private carriers, freight forwarders, brokers, and
			 leasing companies, pursuant to the unified carrier registration plan.
(B) The commission may, upon an application
			 or a motion filed by a party, waive any requirement of this chapter, other than
			 a requirement mandated by statute, for good cause shown.
(C)
								The rules in this chapter are subject to sections of the
			 United States code or the code of federal regulations applicable on the
			 effective date of this chapter.
Effective: 8/21/2021
Five Year
				Review (FYR) Dates: 6/3/2021 and
				08/11/2026
Promulgated
				Under:
				111.15
Statutory Authority:
				4905.06
Rule Amplifies:
				4921.11
Prior Effective Dates:
				07/20/2015