reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-17 - Time periods for discovery

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided in paragraph (E) of
			 this rule, discovery may begin immediately after a proceeding is commenced and
			 should be completed as expeditiously as possible. Unless otherwise ordered for
			 good cause shown, discovery must be completed prior to the commencement of the
			 hearing.
(B) In general rate
			 proceedings, no party may serve a discovery request later than fourteen days
			 after the filing and mailing of the staff report of investigation
			 under section
			 4909.19 of the Revised
			 Code.
(C) In emergency rate
			 proceedings, no party may serve a discovery request later than twenty days
			 prior to the commencement of the hearing.
(D) In purchased gas adjustment proceedings,
			 no party may serve a discovery request later than thirty days after the filing
			 of the audit report under rule
			 4901:1-14-07 of the
			 Administrative Code.
(E) In
			 long-term forecast report proceedings, no party may serve a discovery request
			 later than twenty-five days prior to the commencement of the evidentiary
			 hearing. Discovery may begin in long-term forecast report proceedings:
(1) Immediately after the filing with the
			 commission of a long-term forecast report which contains a substantial change
			 from the preceding report as defined by section
			 4935.04 of the Revised
			 Code.
(2) Immediately after the
			 filing with the commission of a long-term forecast report when the most recent
			 hearing on a forecast report by the reporting person has been more than four
			 years prior.
(3) Immediately after
			 good cause to conduct a hearing on a long-term forecast report has been
			 determined by order of the commission.
(4) Immediately after a reporting person
			 files its first long-term forecast report under section
			 4935.04 of the Revised
			 Code.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-18 - Filing and service of discovery requests and responses

Current through all regulations passed and filed through July 1, 2024
Except as otherwise provided in rules
				4901-1-23 and
				4901-1-24 of the Administrative
				Code, and unless otherwise ordered for good cause shown, discovery requests and
				responses shall be served upon all parties but should not be
				filed with the commission. Discovery requests and responses shall be served
				upon staff counsel if staff is participating in the proceeding. For purposes of
				this rule, the term "response" includes written responses or objections to
				interrogatories served under rule
				4901-1-19 of the Administrative
				Code, written responses or objections to requests for the production of
				documents or tangible things or requests for permission to enter upon land or
				other property served under rule
				4901-1-20 of the Administrative
				Code, and written responses or objections to requests for admission served
				under rule
				4901-1-22 of the Administrative
				Code. It does not include any documents or tangible things produced for
				inspection or copying under rule
				4901-1-20 of the Administrative
				Code. Discovery requests and responses shall be served upon all parties to the
				proceeding by email, unless otherwise ordered by the commission,
				legal director, deputy legal director, or ALJ. The electronic copy of the
				discovery requests should be reasonably useable for word processing and
				provided by 
								email, unless other means are agreed to by the
				parties.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-20 - Production of documents and things; entry upon land or other property

Current through all regulations passed and filed through July 1, 2024
(A) Subject to the
			 scope of discovery set forth in rule
			 4901-1-16 of the Administrative
			 Code, any party may serve upon any other party a written request to:
(1) Produce and permit the party making the
			 request, or someone acting on his or her behalf, to inspect and copy any
			 designated documents, including writings, drawings, graphs, charts,
			 photographs, or data compilations, which are in the possession, custody, or
			 control of the party upon whom the request is served.
(2) Produce for inspection, copying,
			 sampling, or testing any tangible things which are in the possession, control,
			 or custody of the party upon whom the request is served.
(3) Permit entry upon designated land or
			 other property for the purpose of inspecting, measuring, surveying,
			 photographing, testing, or sampling the property or any designated object or
			 operation thereon.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-23 - Motions to compel discovery

Current through all regulations passed and filed through July 1, 2024
(A) Any party, upon reasonable notice to all
			 other parties and any persons affected thereby, may move for an order
			 compelling discovery, with respect to:
(1) Any
			 failure of a party to answer an interrogatory served under rule
			 4901-1-19 of the Administrative
			 Code.
(2) Any failure of a party to
			 produce a document or tangible thing or permit entry upon land or other
			 property as requested under rule
			 4901-1-20 of the Administrative
			 Code.
(3) Any failure of a deponent
			 to appear or to answer a question propounded under rule
			 4901-1-21 of the Administrative
			 Code.
(4) Any other failure to
			 answer or respond to a discovery request made under rules
			 4901-1-19 to
			 4901-1-22 of the Administrative
			 Code.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-24 - Motions for protective orders

Current through all regulations passed and filed through July 1, 2024
(A) Upon motion of any party or person from
			 whom discovery is sought, the commission, the legal director, the deputy legal
			 director, or an 
								ALJ may issue any order that is necessary to
			 protect a party or person from annoyance, embarrassment, oppression, or undue
			 burden or expense. Such a protective order may provide that:
(1) Discovery not be had.
(2) Discovery may be had only on specified
			 terms and conditions.
(3) Discovery
			 may be had only by a method of discovery other than that selected by the party
			 seeking discovery.
(4) Certain
			 matters not be inquired into.
(5)
			 The scope of discovery be limited to certain matters.
(6) Discovery be conducted with no one
			 present except persons designated by the commission, the legal director, the
			 deputy legal director, or the ALJ.
(7) A trade secret or other confidential
			 research, development, commercial, or other information not be disclosed or be
			 disclosed only in a designated way.
(8) Information acquired through discovery be
			 used only for purposes of the pending proceeding, or that such information be
			 disclosed only to designated persons or classes of persons.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-25 - Subpoenas

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
			 
								ALJ may issue subpoenas upon their own motion or upon motion of any
			 party. A subpoena shall command 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 books, papers, documents, or other tangible
			 things described therein. A party may request a subpoena by either of the
			 following methods:
(1) A party may file a
			 motion for a subpoena with the docketing division. A completed subpoena form,
			 ready for signature, shall accompany the motion. The 
									ALJ
			 assigned to the case, or the legal director or deputy legal director or their
			 designee, will review the filing and, if appropriate, sign the subpoena. The
			 ALJ, legal director, deputy legal director, or
			 designee will return via United States mail the signed subpoena, with a cover
			 letter, to the party that filed the motion. A copy of the cover letter will be
			 docketed in the case file.
(2) To
			 receive expedited treatment, a motion for a subpoena and the subpoena itself
			 should first be submitted in person to the 
									ALJ assigned to the case, or to
			 the legal director or a designee, for signature of the subpoena. After the
			 subpoena is signed, a copy of the motion for a subpoena and a copy of the
			 signed subpoena shall then be filed with the docketing division by the
			 requesting party and served upon the parties to the case. The person seeking
			 the subpoena shall retain the original signed subpoena and make arrangements
			 for its service.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-26 - Prehearing conferences

Current through all regulations passed and filed through July 1, 2024
(A) In any proceeding, the commission, the
			 legal director, the deputy legal director, or an 
								ALJ
			 may, upon motion of any party or upon their own motion, hold one or more
			 prehearing conferences for the purpose of:
(1) Resolving outstanding discovery matters,
			 including:
(a) Ruling on pending motions to
			 compel discovery or motions for protective orders.
(b) Establishing a schedule for the
			 completion of discovery.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-27 - Hearings

Current through all regulations passed and filed through July 1, 2024
(A) The commission,
			 the legal director, the deputy legal director, or an 
								ALJ
								will
			 assign the time and place for each hearing. Unless otherwise ordered, all
			 hearings 
								are held at the offices of the commission in Columbus,
			 Ohio. Reasonable notice of each hearing will be provided
			 to all parties.
(B) The presiding
			 hearing officer regulates the course of the hearing and the conduct of
			 the participants. Unless otherwise provided by law, the presiding hearing
			 officer may, without limitation:
(1)
			 Administer oaths and affirmations.
(2) Determine the order in which the parties
			  present testimony and the order in
			 which witnesses 
									are examined.
(3) Issue subpoenas.
(4) Rule on objections, procedural motions,
			 and other procedural matters.
(5)
			 Examine witnesses.
(6) Grant
			 continuances.
(7) Take such actions
			 as are necessary to:
(a) Avoid unnecessary
			 delay.
(b) Prevent the presentation
			 of irrelevant or cumulative evidence.
(c) Prevent argumentative, repetitious,
			 cumulative, or irrelevant cross- examination.
(d) Assure that the hearing proceeds in an
			 orderly and expeditious manner.
(e)
			 Prevent public disclosure of trade secrets, proprietary business information,
			 or confidential research, development, or commercial materials and information.
			 The presiding hearing officer may, upon motion of any party, direct that a
			 portion of the hearing be conducted in camera and that the corresponding
			 portion of the record be sealed to prevent public disclosure of trade secrets,
			 proprietary business information, or confidential research, development, or
			 commercial materials and information. The party requesting such protection
			 shall have the burden of establishing that such protection is required. The
			 commission or the presiding hearing officer will issue a
			 ruling prior to the closing of the case regarding the amount of time that any
			 sealed portion of the hearing record remains sealed.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-29 - Expert testimony

Current through all regulations passed and filed through July 1, 2024
(A) Except as otherwise provided in this
			 rule, all expert testimony to be offered in commission proceedings, except
			 testimony to be offered by the commission staff, shall be reduced to writing,
			 filed with the commission, and served upon all parties prior to the time such
			 testimony is to be offered. The commission, the legal director, the deputy
			 legal director, or an 
								ALJ may establish a schedule in any proceeding
			 for the filing of testimony to be presented by staff.
(1) Unless otherwise ordered by the
			 commission, the legal director, the deputy legal director, or an
			 ALJ:
(a) All direct
			 expert testimony to be offered by the applicant, complainant, or petitioner in
			 a general rate proceeding shall be filed and served no later than ten days
			 prior to the commencement of the hearing or the deadline for filing objections
			 to the staff report of investigation, whichever occurs earlier.
(b) All direct expert testimony to be offered
			 by any other party in a general rate proceeding shall be filed and served no
			 later than the deadline for filing objections to the staff report of
			 investigation.
(c) All direct
			 expert testimony to be offered by the applicant in an emergency rate proceeding
			 shall be filed and served no later than sixteen days prior to the commencement
			 of the hearing.
(d) All direct
			 expert testimony to be offered by any other party in an emergency rate
			 proceeding shall be filed and served no later than seven days prior to the
			 commencement of the hearing.
(e)
			 All direct expert testimony to be offered by the gas utility in a purchased gas
			 adjustment proceeding shall be filed and served no later than sixteen days
			 prior to the commencement of the hearing.
(f) All direct expert testimony to be offered
			 by any other party in a purchased gas adjustment proceeding shall be filed and
			 served no later than seven days prior to the commencement of the
			 hearing.
(g) All direct expert
			 testimony to be offered by any party in a long-term forecast report proceeding
			 shall be filed and served no later than sixteen days prior to the commencement
			 of the hearing.
(h) All direct
			 expert testimony to be offered in any other commission proceeding shall be
			 filed and served no later than seven days prior to the commencement of the
			 hearing.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-30 - Stipulations

Current through all regulations passed and filed through July 1, 2024
(A) Any two or more
			 parties may enter into a written or oral stipulation concerning issues of fact,
			 the authenticity of documents, or the proposed resolution of some or all of the
			 issues in a proceeding.
(B) A
			 written stipulation must be signed by all of the parties joining therein, and
			 must be filed with the commission and served upon all parties to the
			 proceeding.
(C) An oral stipulation
			 may be made only during a public hearing or  prehearing conference
			 conducted on the record, and all parties joining
			 in such a stipulation must acknowledge their agreement thereto on the record.
			 The commission or the presiding hearing officer may require that an oral
			 stipulation be reduced to writing and filed and served in accordance with
			 paragraph (B) of this rule.
(D)
			 Unless otherwise ordered, parties who file a full or partial written
			 stipulation or make an oral stipulation must file or provide the testimony of
			 at least one signatory party that supports the stipulation. Parties that do not
			 join the stipulation may offer evidence and/or argument in
			 opposition.
(E) No stipulation
			 may be
			 considered binding upon the commission.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-31 - Briefs and memoranda

Current through all regulations passed and filed through July 1, 2024
(A) In addition to those instances in which
			 this chapter specifically allows the filing of memoranda, the commission, the
			 legal director, the deputy legal director, or an 
								ALJ
			 may, upon motion of any party or upon their own motion, permit or
			 order
			 the filing of briefs or memoranda at any time during a proceeding. Such briefs
			 or memoranda may, in the discretion of the commission, the legal director, the
			 deputy legal director, or the ALJ, be limited to one or more
			 specific issues.
(B) All briefs and
			 memoranda which are greater than ten pages and which address more than one
			 proposition or issue shall contain a table of contents which
			 should
			 include the propositions or issues discussed within the brief or memorandum. If
			 requested by the commission, the legal director, the deputy legal director, or
			 an ALJ, all parties shall include within their initial
			 brief a section entitled "statement of issues." This section shall list all
			 issues that the party requests that the commission address in its opinion and
			 order. The commission, the legal director, the deputy legal director, or the
			 
								ALJ may impose other requirements or limitations
			 concerning the length or form of briefs or memoranda.
(C) If unreported decisions, other than
			 decisions of the commission, are cited, copies of such decisions shall be
			 attached to the brief or memorandum and shall be furnished to all parties.
			 Failure to comply with this requirement may be grounds for striking the brief
			 or memorandum.
(D) In long-term
			 forecast report proceedings, the record is considered closed for purposes of
			 division (F) of section
			 4935.04 of the Revised Code upon
			 the filing of the final round of briefs.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-32 - Oral arguments

Current through all regulations passed and filed through July 1, 2024
The commission, the legal director, the deputy legal director,
				or an 
								ALJ may, upon motion of any party or upon their
				own motion, hear oral arguments at any time during a proceeding. Such arguments
				may, in the discretion of the commission, the legal director, the deputy legal
				director, or the ALJ, be limited to one or more specific issues, and
				are subject to such time limitations and other conditions as the commission,
				the legal director, the deputy legal director, or the
				
								ALJ may prescribe.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-33 - Administrative law judge's reports and exceptions thereto

Current through all regulations passed and filed through July 1, 2024
(A) If ordered by
			 the commission, the 
								ALJ
								will prepare a written report of his or her findings,
			 conclusions, and recommendations, following the conclusion of a hearing. Such
			 report is filed with the commission and served upon all
			 parties.
(B) Any party may file
			 exceptions to an 
								ALJ's report within twenty days after such report
			 is filed with the commission. Exceptions shall be stated and numbered
			 separately, and shall be accompanied by a memorandum in support, setting forth
			 the basis of the exceptions and citations of any authorities relied upon. If an
			 exception relates to one or more findings of fact, the memorandum in support
			 should, where practicable, include specific citations to any portions of the
			 record relied upon in support of the exception.
(C) Any party may file a reply to another
			 party's exceptions within fifteen days after the service of those
			 exceptions.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-34 - Reopening of proceedings

Current through all regulations passed and filed through July 1, 2024
(A) The commission, the legal director, the
			 deputy legal director, or an 
								ALJ may, upon their own motion
			 or upon motion of any person for good cause shown, reopen a proceeding at any
			 time prior to the issuance of a final order.
(B) A motion to reopen a proceeding shall
			 specifically set forth the purpose of the requested reopening. If the purpose
			 is to permit the presentation of additional evidence, the motion shall
			 specifically describe the nature and purpose of such evidence, and shall set
			 forth facts showing why such evidence could not, with reasonable diligence,
			 have been presented earlier in the proceeding.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-35 - Applications for rehearing

Current through all regulations passed and filed through July 1, 2024
(A) Any party or any affected person, firm,
			 or corporation may file an application for rehearing, within thirty days after
			 the issuance of a commission order, in the form and manner and under the
			 circumstances set forth in section
			 4903.10 of the Revised Code. An
			 application for rehearing must set forth, in numbered or lettered paragraphs,
			 the specific ground or grounds upon which the applicant considers the
			 commission order to be unreasonable or unlawful. An application for rehearing
			 must be accompanied by a memorandum in support, which sets forth an explanation
			 of the basis for each ground for rehearing identified in the application for
			 rehearing and which shall be filed no later than the application for
			 rehearing.
(B) Any party may file a
			 memorandum contra within ten days after the filing of an application for
			 rehearing.
(C) As provided in
			 section 4903.10 of the Revised Code, all
			 applications for rehearing must be 
								filed
			 within thirty days after an order has been journalized by the secretary of the
			 commission, or, in the case of an application that is subject to automatic
			 approval under the commission's procedures, an application for rehearing must
			 be 
								filed within thirty days after the date on which the
			 automatic timeframe has expired, unless the application has been suspended by
			 the commission.
(D) A party or any
			 affected person, firm, or corporation may only file one application for
			 rehearing to a commission order within thirty days following the entry of the
			 order upon the journal of the commission.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-36 - Supreme court appeals

Current through all regulations passed and filed through July 1, 2024
Consistent with the requirements of section
				4903.13 of the Revised Code, a
				notice of appeal of a commission order to the Ohio supreme court must be filed
				with the commission's docketing division within the time period prescribed by
				the court and served, unless waived, upon the 
								chairperson
				of the commission, or, in his or her absence,
				upon any public utilities commissioner, or by leaving a copy at the offices of
				the commission at Columbus. Service of the notice of appeal of a commission
				order to the Ohio supreme court may not be delivered via fax or e-filing upon
				the chairperson or a commissioner.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-37 - Commission workshops

Current through all regulations passed and filed through July 1, 2024
The commission may, from time to time, schedule informational
				workshops for the purpose of receiving information and exchanging ideas
				regarding relevant topics. Such workshops are listed on the commission's regular
				meeting agenda or on the weekly hearing calendar and  open to all interested persons. The
				workshops 
								need not be transcribed and participants need not be
				represented by counsel. Certain individuals may be designated by the commission
				as spokespersons or chairpersons for purposes of presenting information or
				conducting such workshops. Requests by persons interested in scheduling a
				workshop shall be made in writing to the director of the relevant staff
				department, with a copy of the request submitted to the chairperson of the
				commission. The commission, in its discretion, reserves the right to postpone
				or reject requests for workshops.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-38 - General provisions

Current through all regulations passed and filed through July 1, 2024
(A)
								 This chapter
			 sets forth the procedural standards that apply to all entities participating in
			 cases before the commission.
(B)
								 The commission
			 may, upon its own motion or upon a motion filed by a party, waive any
			 requirement of this chapter for good cause shown, other than a requirement
			 mandated by statute from which no waiver is permitted.
Replaces: 4901-1-38
Effective:
				6/15/2014
R.C.
				119.032 review dates:
				03/26/2019
Promulgated
				Under: 111.15
Statutory
				Authority: 4901.13
Rule
				Amplifies: 4901.13
Prior
				Effective Dates: 5/7/07
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-2 - Accessing Confidential Personal Information › Section 4901-2-02 - Procedures for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
For personal information systems,
				whether manual or computer systems, that contain confidential personal
				information, the agency shall do the following:
(A)
								 Criteria for
			 accessing confidential personal information. Personal information systems of
			 the agency are managed on a "need-to-know" basis whereby the information owner
			 determines the level of access required for an employee of the agency to
			 fulfill his/her job duties. The determination of access to confidential
			 personal information shall be approved by the employee's supervisor and the
			 information owner prior to providing the employee with access to confidential
			 personal information within a personal information system. The agency shall
			 establish procedures for determining a revision to an employee's access to
			 confidential personal information upon a change to that employee's job duties
			 including, but not limited to, transfer or termination. Whenever an employee's
			 job duties no longer require access to confidential personal information in a
			 personal information system, the employee's access to confidential personal
			 information shall be removed.
(B)
								 Individual's
			 request for a list of confidential personal information. Upon the signed
			 written request of any individual for a list of confidential personal
			 information about the individual maintained by the agency, the agency shall do
			 all of the following:
(1)
									 Verify the identity of the individual by a method that
			 provides safeguards commensurate with the risk associated with the confidential
			 personal information;
(2)
									 Provide to the individual the list of confidential
			 personal information that does not relate to an investigation about the
			 individual or is otherwise not excluded from the scope of Chapter 1347. of the
			 Revised Code; and
(3)
									 If all information relates to an investigation about
			 that individual, inform the individual that the agency has no confidential
			 personal information about the individual that is responsive to the
			 individual's request.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-2 - Accessing Confidential Personal Information › Section 4901-2-03 - Valid reasons for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
Pursuant to the requirements of
				division (B)(2) of section
				1347.15 of the Revised Code,
				this rule contains a list of valid reasons, directly related to the public
				utilities commission's exercise of its powers or duties, for which only
				employees of the agency may access confidential personal information (CPI)
				regardless of whether the personal information system is a manual system or
				computer system:
Performing the following functions
				constitute valid reasons for authorized employees of the agency to access
				confidential personal information:
(A)
								 Responding to a
			 public records request;
(B)
								 Responding to a request from an individual for the
			 list of CPI the agency maintains on that individual;
(C)
								 Administering a
			 constitutional provision or duty;
(D)
								 Administering a
			 statutory provision or duty;
(E)
								 Administering an
			 administrative rule provision or duty;
(F)
								 Complying with
			 any state or federal program requirements;
(G)
								 Processing or
			 payment of claims or otherwise administering a program with individual
			 participants or beneficiaries;
(H)
								 Auditing
			 purposes;
(I)
								 Certification processes;
(J)
								 Investigation or
			 law enforcement purposes;
(K)
								 Administrative
			 hearings;
(L)
								 Litigation, complying with an order of the court, or
			 subpoena;
(M)
								 Human resource matters (e.g., hiring, promotion,
			 demotion, discharge, salary/compensation issues, leave requests/issues, time
			 card approvals/issues);
(N)
								 Complying with an executive order or policy;
(O)
								
			 Complying with an agency policy or a state administrative policy issued by the
			 department of administrative services, the office of budget and management or
			 other similar state agency; or
(P)
								 Complying with a
			 collective bargaining agreement provision.
Five Year Review (FYR) Dates:
				08/14/2015 and
				08/14/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 1347.05,
				1347.15
Rule
				Amplifies: 1347.15
Prior
				Effective Dates: 9/18/10
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-2 - Accessing Confidential Personal Information › Section 4901-2-04 - Confidentiality statutes

Current through all regulations passed and filed through July 1, 2024
The public utilities commission does
				not request social security numbers from persons doing business with the
				agency. If the commission becomes aware that someone has submitted a social
				security number with a filing, the commission will, pursuant to
				5 U.S.C.
				552a, redact from the filing and keep
				confidential the social security number.
Five Year Review (FYR) Dates:
				08/14/2015 and
				08/14/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 1347.05,
				1347.15
Rule
				Amplifies: 1347.15
Prior
				Effective Dates: 9/18/10
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-3 - Open Commission Meetings › Section 4901-3-01 - Commission meetings

Current through all regulations passed and filed through July 1, 2024
(A) Open meetings.
(1) All meetings of the public utilities
			 commission at which official action is taken and formal deliberation upon
			 official business is conducted shall be opened to the public. All resolutions,
			 rules, or formal action of any kind shall be adopted in an open meeting of the
			 public utilities commission. A majority of the public utilities commission
			 
									constitutes a quorum for the purpose of conducting
			 business.
(2) The public utilities
			 commission may hold an executive session 
									to consider
			 any matter contained in division (G) of section
			 121.22 of the Revised Code. An
			 executive session may be held only at a meeting for which notice has been given
			 in accordance with paragraph (C) of this rule and only after a majority of a
			 quorum of the public utilities commission determines, by a roll call vote, to
			 hold such a session.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-3 - Open Commission Meetings › Section 4901-3-02 - Photographing, filming, and recording

Current through all regulations passed and filed through July 1, 2024
Persons may videotape, photograph, film, or record commission
				meetings and public hearings in accordance with the following procedures, which
				are promulgated to assure decorum and fairness to all parties, consistent with
				the goal that the public be fully informed.
(A) Any person may videotape, film, record,
			 or photograph commission meetings and public hearings.
(B) The person in charge of a meeting or
			 hearing may, if deemed necessary, designate an area for the location of
			 stationary cameras, lighting, or other auxiliary equipment.
(C) A person operating a portable or
			 hand-held camera shall remain seated while filming or stand in the back or
			 along the sides of the room.
(D) Unless preauthorized approval is obtained
			 from the person in charge of the meeting or hearing,  audio equipment (e.g.,
			 microphones) shall be located at the operator's seat during the meeting or
			 hearing. A mult box is available in the commission meeting room for use in
			 recording events that occur in that room.
(E) During a hearing or meeting,
			  commentators orally describing
			 the events shall not be located within the room where the meeting or hearing is
			 being conducted.
(F) A commissioner,
			 hearing examiner, or the commission employee responsible for conducting a
			 meeting or hearing has the authority to enforce, waive, or modify any of the
			 above procedures when deemed necessary to preserve the decorum or fairness of a
			 commission proceeding and to exclude from the meeting or hearing any person who
			 violates any of the procedures set forth in this rule or fails to follow a
			 directive.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-5 - Procedure in Motor Carrier Cases › Section 4901-5-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A)
								 "Certificate"
			 means a certificate of public convenience and necessity issued under Chapter
			 4921. of the Revised Code.
(B)
								 "Commission"
			 means the public utilities commission of Ohio.
(C)
								 "For-hire motor
			 carrier" has the same meaning as in section
			 4921.01 of the Revised
			 Code.
Replaces: 4901-5-01
Five Year Review (FYR) Dates:
				6/8/2021 and
				06/08/2026
Promulgated
				Under:
				111.15
Statutory Authority: R.C.
				4901.13,
				4921.07,
				4923.04
Rule Amplifies: R.C.
				4921.01,
				4923.04
Prior Effective Dates: 03/01/1981, 08/17/2006, 02/20/2010,
				12/11/2014
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-5 - Procedure in Motor Carrier Cases › Section 4901-5-02 - Purpose and scope

Current through all regulations passed and filed through July 1, 2024
(A) This chapter governs the cancellation of
			 certificates, procedures for filing railroad complaints, and the subjects of
			 complaints.
(B) The commission may,
			 upon an application or a motion filed by a party, waive any requirements of
			 this chapter, other than a requirement mandated by statute,
								
			 for good cause shown.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-5 - Procedure in Motor Carrier Cases › Section 4901-5-03 - Cancellation of certificates and citations

Current through all regulations passed and filed through July 1, 2024
(A) The commission may, pursuant to the
			 provisions of section
			 4921.07 of the Revised Code, for
			 good cause revoke, suspend, alter or amend any certificate issued by
			 it.
(B) Citation order - Citations
			 
								are
			 commenced by the issuance of an order requiring the for-hire motor carrier to
			 show cause why its certificate should not be revoked, altered or amended
								based on the facts 
								contained in the citation
			 . 
								A
			 respondent 
								may request the citation by filing a written answer
			 within fifteen days of the effective date of the order.
(C) Answer - The respondent's
			  answer 
								should either admit or deny each
			 separate allegation of the order to show cause, state what corrections, if any, have been made of the practices
			 complained of in the order to show cause, and if
								 an allegation is denied,
			  set forth the facts upon
			 which such denials are based.
(D)
			 Hearing on citation - If a respondent fails to answer an order to show cause,
			 the commission shall proceed to revoke authority. If an answer is filed by the
			 respondent, the 
								commission may
								 promptly 
								assign the
			 matter for hearing 
								or dismiss the matter
			 pursuant to a consideration of the respondent's answer.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-5 - Procedure in Motor Carrier Cases › Section 4901-5-04 - Complaints

Current through all regulations passed and filed through July 1, 2024
All complaints filed against a for-hire motor carrier under
				section 4905.26 of the Revised Code
				
								are
				governed by rule
				4901-9-01 of the Administrative
				Code.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-5 - Procedure in Motor Carrier Cases › Section 4901-5-05 - Railroad complaints

Current through all regulations passed and filed through July 1, 2024
(A) Complaint and conference
(1) Complaints under sections
			 4905.04 and
			 4907.08 of the Revised Code
			 shall be made in writing, setting forth briefly the facts alleged to constitute
			 a violation of the Revised Code, Administrative Code, or commission order, or
			 to support the promulgation of an order under section
			 4905.04 of the Revised Code. The
			 name of the railroad or railroads complained against shall be stated in full
			 and the address of the complainant and the name and address of
			 
									complainant's attorney, if any, must appear upon the
			 complaint.
(2) Two or more
			 complaints involving the same principle, subject, or state of facts may be
			 included in one complaint. One or more persons may join in one complaint
			 against one or more railroads if the subject matter of the complaint involves
			 substantially the same principle, subject, or state of facts.
(3) The complaint shall be mailed or
			 delivered to: "Public Utilities Commission of Ohio, Railroad Division, 180 East
			 Broad Street, Columbus, Ohio 43215-3893."
(4) The complaint shall aver that a
			 reasonable but unsuccessful effort has been made by the parties to reach an
			 amicable agreement. Such complaint shall be referred to the railroad division
			 for an investigation and the preparation of a report. The railroad division
			 shall serve copies of the report upon all parties in the case. The railroad
			 division shall promptly proceed to hold a conference with the involved parties
			 attempting an equitable satisfaction of the complaint without necessitating a
			 formal hearing. The terms of the agreement arrived at through such an informal
			 conference shall be reduced to writing and the matter would then be considered
			 closed. Should the informal conference fail to bring about an agreement, the
			 matter shall be docketed and assigned a formal case number.
(5) The commission will then formally serve
			 another copy of the complaint upon each respondent with a notice to satisfy or
			 answer the complaint.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-5 - Procedure in Motor Carrier Cases › Section 4901-5-06 - Complaints relating to dangerous crossings under section 4907.47 of the Revised Code

Current through all regulations passed and filed through July 1, 2024
(A) Complaints under section
			 4907.47 of the Revised Code
			 relative to the adequacy of protective devices at a public highway grade
			 crossing shall be made in writing and shall set forth:
(1) The name and location of the subject
			 crossing.
(2) The name of each
			 railroad which operates over the subject crossing.
(3) The name of the governmental unit which
			 has jurisdiction over the public road at the subject crossing.
(4) An allegation that the crossing is
			 dangerous together with a general statement as to the conditions which the
			 complainant believes make the crossing dangerous within the meaning of section
			 4907.47 of the Revised
			 Code.
(5) The address of the
			 complainant and the name and address of the complainant's attorney, if
			 any.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-5 - Procedure in Motor Carrier Cases › Section 4901-5-09 - Statement justifying rate change

Current through all regulations passed and filed through July 1, 2024
Whenever there is filed with the commission under section
				4907.27 of the Revised Code a
				tariff schedule stating a new individual or joint rate or charge or any new
				individual or joint classification or any new individual or joint regulation or
				practice affecting any rate or charge, such schedule shall be accompanied by a
				concise statement setting forth, generally, the reasons prompting its
				filing.
Five Year Review (FYR) Dates:
				6/8/2021 and
				06/08/2026
Promulgated
				Under:
				111.15
Statutory Authority: R.C.
				4901.13,
				4905.06
Rule Amplifies: R.C.
				4907.24,
				4909.27
Prior Effective Dates: 01/20/1963, 03/01/1981, 08/17/2006,
				01/15/2015
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-5 - Procedure in Motor Carrier Cases › Section 4901-5-10 - Tariff suspensions

Current through all regulations passed and filed through July 1, 2024
(A) Suspension of a rate, charge,
			 classification, regulation, or practice under section
			 4909.27 of the Revised Code will
			 not ordinarily be made unless a request for suspension is filed with the public
			 utilities commission at least ten days before the effective date fixed in the
			 schedule.
(B) A request for
			 suspension must reference the tariffs at issue by its Ohio or PUCO tariff
			 number and must make specific reference to the parts thereof complained
			 against, together with a brief statement of the grounds that justify the
			 suspension. In such cases, a copy of the request for suspension shall be served
			 upon all parties in accordance with rule
			 4901-1-05
			 of the Administrative Code.
Five Year Review (FYR) Dates:
				6/8/2021 and
				06/08/2026
Promulgated
				Under:
				111.15
Statutory Authority: R.C.
				4901.13,
				4905.06
Rule Amplifies: R.C.
				4909.27,
				4921.07
Prior Effective Dates: 01/20/1963, 03/01/1981, 08/17/2006,
				01/15/2015
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-5 - Procedure in Motor Carrier Cases › Section 4901-5-12 - Transportation of waste products

Current through all regulations passed and filed through July 1, 2024
(A) Definition of waste.
(1) The term "waste," as used in this
			 chapter, includes, but is not restricted to, industrial, commercial, and
			 residential garbage, cesspool or septic tank cleanings, and any commodity or
			 substance discarded by the owner thereof with the purpose of abandonment.
			 "Waste" is not included in the term "property" as used in Chapters 4921. and
			 4923. of the Revised Code when defining transportation for hire subject to
			 regulation by the commission.
(2)
			 The term "waste" does not include industrial or commercial scrap or by-products
			 transported for recycling, reclamation, or reuse in any form where the shipper
			 retains an interest or title in the property.
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-5 - Procedure in Motor Carrier Cases › Section 4901-5-13 - Sanitary drinking water

Current through all regulations passed and filed through July 1, 2024
Every railroad operating in whole or in part within the state
				of Ohio shall equip each controlling locomotive and each caboose while in use
				in this state with sufficient sanitary drinking water and cups, or individual
				water containers. No water container shall be opened and placed in service
				without dating, be in use in excess of thirty days thereafter, or be used for
				any purpose other than holding sanitary water.
Five Year Review (FYR) Dates:
				6/8/2021 and
				06/08/2026
Promulgated
				Under:
				111.15
Statutory Authority: R.C.
				4901.13,
				4905.06
Rule Amplifies: R.C.
				4905.04,
				4907.08
Prior Effective Dates: 09/22/1984, 08/17/2006,
				01/15/2015
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-5 - Procedure in Motor Carrier Cases › Section 4901-5-21 - Complaints relating to dangerous crossings under section 4907.47 of the Revised Code. [Rescinded]

Current through all regulations passed and filed through July 1, 2024
Rescinded eff 8-17-06
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-5 - Procedure in Motor Carrier Cases › Section 4901-5-23 - Procedure to be followed by railroad companies operating in the state of Ohio when they propose to diminish but not abandon passenger train service. [Rescinded]

Current through all regulations passed and filed through July 1, 2024
Rescinded eff 8-17-06
Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-7 - Standard Filing Requirements for Rate Increases › Section 4901-7-01 - Standard filing requirements

Current through all regulations passed and filed through July 1, 2024
All applications for an increase in rates filed under section
				4909.18
				of the Revised Code, all complaints filed under section
				4909.34
				of the Revised Code, and all petitions filed by a public utility under section
				4909.35
				of the Revised Code shall conform to the standard filing requirements, set
				forth in appendix A to this rule. The commission may, upon timely motion, waive
				specific provisions of the standard filing requirements, but such waivers must
				be obtained prior to the time that application, complaint, or petition is filed
				with the commission. In the absence of such a waiver, the commission may reject
				any filing which fails to comply with the requirements of this rule.
Click
				to view Appendix
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