Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-7 - Forfeitures and Compliance Orders › Section 4901:2-7-14 - Default

Current through all regulations passed and filed through July 1, 2024
(A) A respondent
			 upon whom a notice of intent to assess forfeiture has been served who fails
			 within thirty days to pay the amount of the forfeiture stated in the notice or
			 to serve upon staff a request for conference 
								is in default. A respondent in
			 default 
								is deemed to have admitted the occurrence of the
			 violation and waived all further right to contest liability to the state for
			 the forfeiture described in the notice of intent to assess
			 forfeiture.
(B) A respondent upon
			 whom a notice of intent to make compliance order has been served who fails to
			 serve upon staff within thirty days a request for conference
			 
								is
			 in default. A respondent in default 
								is deemed to have admitted the
			 occurrence of the violation and waived all further right to contest the making
			 of the compliance order described in the notice of intent to make compliance
			 order.
(C) A respondent upon whom a
			 notice of preliminary determination has been served who fails within thirty
			 days to pay the amount of the forfeiture proposed in the notice of preliminary
			 determination or to file with the commission's docketing division a request for
			 administrative hearing 
								is in default. A respondent in default
			 
								is
			 deemed to have admitted the occurrence of the violation and waived all further
			 right to contest liability for the forfeiture proposed in the notice of
			 preliminary determination or to contest the making of the compliance order
			 described in the notice of preliminary determination.
(D) A respondent who has failed to comply
			 with the provisions of a settlement agreement for a period exceeding thirty
			 days 
								is in default. A respondent in default
			 
								is
			 deemed to have admitted the occurrence of the violation and waived all further
			 right to contest liability for the forfeiture proposed in the notice of intent
			 to assess forfeiture or to contest the making of the compliance order described
			 in the notice of intent to assess forfeiture.
(E) A respondent who has requested an
			 administrative hearing and fails to appear for the evidentiary hearing
			 
								is
			 in default. A respondent in default 
								is deemed to have admitted the
			 occurrence of the violation and waived all further right to contest liability
			 for the forfeiture proposed in the notice of preliminary determination or to
			 contest the making of the compliance order described in the notice of
			 preliminary determination.
(F) If a
			 respondent is in default, the commission may, on its own motion and without
			 prior notification to respondent, make an order adopting the remedy set out in
			 the notice with respect to which a default has occurred pursuant to this rule.
			 A copy of the order 
								is to be served upon any affected respondent. A
			 respondent that is in default, and has been subjected to an order of the
			 commission, may file an application for rehearing in accordance with rule
			 4901-1-35 of the Administrative
			 Code.