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| Rule |
Rule 4901:2-23-01 | Definitions.
(A) "Applicant" means an entity who submits to
the commission the required application forms necessary to receive a
transportation network company permit. (B) "Commission" means the public utilities
commission of Ohio. (C) "Permit" means a transportation network
company permit. (D) "Respondent" means a transportation network
company upon whom an order to show cause or a notice of deficiency has been
served. (E) "Staff" means employees of the transportation
department of the commission. (F) "Transportation network company" has the same
meaning as in section 3942.01 of the Revised Code.
Last updated July 17, 2023 at 12:11 PM
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Rule 4901:2-23-02 | Purpose and scope.
(A) This chapter governs the permitting of transportation
network companies operating with this state, and implements the requirement of
Chapter 4925. of the Revised Code. (B) The commission may, upon application 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.
Last updated July 17, 2023 at 12:12 PM
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Rule 4901:2-23-03 | Permitting of transportation network companies.
(A) No transportation network company may
operate within this state unless such transportation network company possesses
a current and valid permit issued by the commission pursuant to this
chapter. (B) To obtain a permit from the
commission, an applicant makes payment of the application fee, submits a
complete and accurate application form containing the affirmations required by
section 4925.02 of the Revised Code, and provides the following: the name,
address, telephone number and e-mail address of the applicant's Ohio point
of contact and authorized statutory agent; an explanation of how the
transportation network company complies with the insurance requirements
outlined in sections 3942.02 to 3942.04 of the Revised Code, including
non-expired certificate of insurance if the insurance policy is maintained by
the transportation network company rather than the transportation network
company driver; and any other information deemed necessary by the commission.
Application forms should be posted on the commission's
website.
Last updated July 13, 2023 at 9:55 AM
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Rule 4901:2-23-04 | Supplementation of information.
(A) Upon a request from the staff, an
applicant should provide, within fifteen days, or within a longer time period
if agreed to by the staff, any additional information necessary for the
processing of an application for a permit or renewal of a permit. Failure to
respond to a request for additional information within this time frame may
result in the application being rejected and may necessitate the filing of a
new complete application. (B) A transportation network company that
has obtained a permit shall notify the staff within fifteen days of any changes
to the information contained in its most recent application.
Last updated July 10, 2023 at 9:31 AM
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Rule 4901:2-23-05 | Transportation network company permit.
(A) Following receipt of a completed
application form submitted by an applicant pursuant to rule 4901:2-23-03 of the
Administrative Code, the staff should issue a permit, provided that the
applicant: (1) Has affirmed that it
will maintain compliance with the applicable requirements established under
sections 4925.03 to 4925.08 of the Revised Code and with the rules adopted
under this chapter; and (2) Has paid the permit
fee in the amount specified under section 4925.02 of the Revised
Code. (B) A permit issued pursuant to this
chapter is effective for one year commencing on the date of
issuance. (C) No less than thirty days, and no more
than sixty days prior to the expiration date of its permit, a transportation
network company shall submit a permit renewal application form that is
substantially the same as the application form prescribed under rule
4901:2-23-03 of the Administrative Code. Renewal application forms should be
posted on the commission's website. Following receipt of a completed
renewal application form, the staff should issue a renewed permit provided that
the applicant: (1) Has affirmed that it
will maintain compliance with the applicable requirements established under
sections 4925.03 to 4925.08 of the Revised Code and with the rules adopted
under this chapter; and (2) Has paid the permit
fee in the amount specified under section 4925.02 of the Revised
Code. (D) If the staff does not act upon an
application submitted pursuant to paragraph (A) or (C) of this rule, within
thirty days of submission, the application shall be deemed automatically
approved on the thirty-first day after the official filing date. (E) If the staff denies issuance of a
permit, or renewal of a permit, for failure of the applicant to meet the
requirements of paragraph (A) or (C) of this rule, staff may serve a
"letter of staff determination" upon the applicant. The letter should
contain a brief explanation for the denial and instructions regarding the
manner in which the applicant may serve a timely request for an administrative
hearing to contest the denial. (F) Within thirty days following service
by staff of a letter of staff determination, the applicant may file a
"request for administrative hearing" with the commission's
docketing division in order to contest the denial. The written request for
administrative hearing contains the name, address, and telephone number of the
applicant and is signed by an authorized representative of the applicant. A
copy of the letter of staff determination should be attached to the request for
administrative hearing. All hearings should be conducted consistent with rule
4901:2-7-16 of the Administrative Code. (G) If a permit renewal application
submitted pursuant to paragraph (C) of this rule is submitted fewer than thirty
days prior to the expiration date of the permit, or after the expiration date
of the permit, the applicant may file a motion with the commission to extend
its previous permit during the pendency of staff's review of the permit
renewal application. (H) No transportation network company may
transfer its permit to another entity without prior approval from the
staff.
Last updated July 13, 2023 at 9:57 AM
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Rule 4901:2-23-06 | Examinations.
(A) Authorized employees of the
commission's transportation department may examine any records, documents,
or property of transportation network companies for the purpose of assessing
its compliance with the provisions of sections 4925.03 to 4925.08 of the
Revised Code and with the rules adopted under this chapter. (B) Transportation network companies
should provide authorized employees of the commission's transportation
department with reasonably expeditious access to employees, records, documents,
or property as necessary to conduct an examination pursuant to paragraph (A) of
this rule. Any information sought to be reviewed by the commission is to be
accessible and available for review in Ohio, unless otherwise ordered by the
commission. (C) Each transportation network company
shall maintain all records and data for two years after the date the services
are provided that are sufficient to demonstrate compliance with the
requirements of sections 4925.03 to 4925.08 of the Revised Code, rules adopted
under this chapter, and support any investigation of customer
complaints.
Last updated July 10, 2023 at 9:31 AM
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Rule 4901:2-23-07 | Standards and proceedings for the suspension or revocation of a transportation network permit.
(A) No transportation network company may
operate in this state if the commission has suspended or revoked the permit of
such transportation network company. (B) The commission may, suspend or revoke
the permit issued to a transportation network company if the commission
determines that the transportation network company: (1) Knowingly omitted
from, or knowingly provided false information on, and application for a
permit. (2) Failed to maintain
accurate and current business information with the commission. (3) Failed to maintain
compliance with the applicable requirements established under sections 4925.03
to 4925.08 of the Revised Code and with the rules adopted under this
chapter. (C) A proceeding to suspend or revoke the
permit of a transportation network company is initiated by the filing of a
staff report recommending the actions to be taken by the commission. The staff
report should be served upon the transportation network company by ordinary or
certified United States mail. (D) Upon the filing of a staff report as
described in paragraph (C) of this rule, the commission should order the
respondent to show cause why the commission should not adopt the staff's
recommendations as its order. The order should require the respondent to file a
written answer within fifteen days of the effective date of the order. The
order should be served upon the respondent by ordinary or certified United
States mail. (E) A respondent upon whom an order
described in paragraph (D) of this rule has been served must answer the order
to show cause within fifteen days of its effective date. This response should
contain a detailed statement indicating why the actions recommended by staff
may be unjustified, mitigating circumstances or subsequent remedial measure
undertaken in regards to the issues raised in the staff report, and any other
information relevant to the proposed actions. (F) If a respondent fails to answer the
order to show cause as described in paragraph (D) of this rule, 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 should 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 should be conducted in accordance with Chapter
4901-1 of the Administrative Code.
Last updated July 10, 2023 at 9:31 AM
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