4901:2-5-14 Imminent hazard.

(A) Whenever it is determined that a violation of Chapters 4921. or 4923. of the Revised Code, or Chapter 4901:2-5 of the Administrative Code poses an imminent hazard to safety, the commission may order a motor carrier, excepted carrier, or hazardous materials transporter to cease all or part of its intrastate operations in this state. In making any such order, no restrictions shall be imposed on any motor carrier, excepted carrier, or hazardous materials transporter beyond that required to abate the hazard.

(B) Upon the issuance of an order under this rule, the motor carrier, excepted carrier, hazardous materials transporter shall comply immediately with such order. An order to a motor carrier, excepted carrier, or hazardous materials transporter to cease all or part of its operations shall not prevent motor vehicles in transit at the time the order is served from proceeding to their immediate destination, unless any such motor vehicle or driver is specifically ordered out-of-service forthwith. However, motor carriers, excepted carriers, or hazardous materials transporters proceeding to their immediate destination shall be subject to compliance with the commission's order upon arrival.

(C) The commission may, prior to issuing an order under this rule, order a motor carrier, excepted carrier, or hazardous materials transporter to show cause why the commission should not issue an order requiring that it cease all or part of its operations; or the commission may issue an order under this rule without a prior hearing, provided that the motor carrier, excepted carrier, or hazardous materials transporter may request a hearing within thirty days after the issuance of such order. The commission shall schedule a hearing requested under this rule no less than seven days and no more than fifteen days following the request for hearing. All hearings shall be conducted in accordance with division 4901:1 of the Administrative Code.

Replaces: 4901:2-5-14

Effective: 10/30/2014
Five Year Review (FYR) Dates: 08/07/2019
Promulgated Under: 111.15
Statutory Authority: 4923.04
Rule Amplifies: 4923.04 , 4923.15
Prior Effective Dates: 6/25/98