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Ohio Laws and Rules
This chapter governs procedures for the uniform registration and uniform permitting of carriers of hazardous materials.
R.C. 119.032 review dates: 12/02/2002 and 11/30/2007
Promulgated Under: 111.15
Statutory Authority: 4905.80
Rule Amplifies: 4905.80
Prior Effective Dates: 7/10/89, 11/29/90, 7/22/94, 10/13/94
(A) “Applicant” means any carrier who submits a uniform registration and permit application to the commission.
(B) “Carrier” means any carrier subject to rules adopted under section 4919.85 of the Revised Code, motor transportation company as defined in section 4921.02 of the Revised Code, contract carrier by motor vehicle as defined in section 4923.02 of the Revised Code, or private motor carrier as defined in section 4923.20 of the Revised Code, which transports the following in commerce into, within, or through this state:
(1) Hazardous materials of a type and amount that requires the transport vehicle to be placarded pursuant to 49 C.F.R. 172, as effective on November 30, 2002.
(2) Hazardous substances or marine pollutants when transported in bulk packagings as defined by 49 C.F.R. 171.8, as effective on November 30, 2002
(3) Hazardous waste of a type and amount that requires the shipment to be accompanied by a uniform hazardous waste manifest pursuant to 40 C.F.R. 262, as effective on November 30, 2002, including state designated hazardous wastes.
(C) “Hazardous material” means a substance or material, including a hazardous substance, which has been determined by the United States secretary of transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated in 49 C.F.R. 171 to 180, as effective on November 30, 2002.
(D) “Hazardous waste” means any material that is subject to the hazardous waste manifest requirements of the United States environmental protection agency specified in 40, C.F.R. 262, as effective on November 30, 2002, or its state equivalents.
(E) “Knowingly” means a person acts knowingly if either of the following applies:
(1) The person has actual knowledge of the facts giving rise to a violation.
(2) A reasonable person acting in the circumstances and exercising due care would have such knowledge.
(F) “Reciprocity state” means a jurisdiction with which the commission has entered a reciprocity agreement regarding the uniform registration and uniform permitting of carriers of hazardous materials or which has uniform registration and uniform permitting of motor carriers that is in compliance with the uniform standards established by the USDOT.
(G) “Staff” means those employees of the commission to whom responsibility has been delegated for administering the provisions of section 4905.80 of the Revised Code and, for purposes of part III of the uniform permit and disclosure form described in rule 4901:2-6-06 of the Administrative Code, employees of the environmental background investigation unit of the Ohio attorney general.
(H) “Terminal” means a facility owned, leased or operated by the applicant where:
(1) Applicant’s motor vehicles used to transport hazardous materials are loaded, unloaded or dispatched incidental to transportation;
(2) Applicant’s motor vehicles used to transport hazardous materials are cleaned, maintained or inspected;
(3) Applicant’s motor vehicles used to transport hazardous materials are fueled or repowered;
(4) Applicant stores hazardous materials incidental to transportation; or
(5) Applicant maintains records related to the transport of hazardous materials including vehicle maintenance files and hours-of-service records.
HISTORY: Eff 7-10-89; 11-29-90; 7-22-94; 10-13-94; 3-1-03
Rule promulgated under: RC 111.15
Rule authorized by: RC 4905.80
Rule amplifies: RC 4905.80
R.C. 119.032 review dates: 11/26/2002 and 11/30/2007
(A) Each applicant shall determine its base state pursuant to the following priority:
(1) Any state designated by the “Board of Governors of the National Repository” pursuant to a petition by the applicant;
(2) The state of Ohio, if the applicant maintains its principal place of business within the state of Ohio;
(3) The reciprocity state in which the applicant maintains its principal place of business, if the applicant maintains its principal place of business in a reciprocity state and if the reciprocity state issues uniform permits;
(4) The state of Ohio, if the applicant has a greater percentage of its mileage in the state of Ohio under the “International Registration Plan” than any reciprocity state; or
(5) The reciprocity state in which the applicant has the greatest percentage of its mileage under the “International Registration Plan” and which issues uniform permits.
(B) Each applicant shall register with and apply for a permit from its base state as determined by this rule. If the base state of the applicant is the state of Ohio, the applicant shall register with and apply for a permit from the commission.
R.C. 119.032 review dates: 12/02/2002 and 11/30/2007
Promulgated Under: 111.15
Statutory Authority: 4905.80
Rule Amplifies: 4905.80
Prior Effective Dates: 7/10/89, 72/22/94, 10/13/94
A carrier shall register with the commission by completing and submitting a uniform registration application form promulgated by the commission, containing the following information:
(A) Applicant’s name, d/b/a name as it appears on form MCS-150, if applicable and employer ID number.
(B) Applicant’s mailing address.
(C) Applicant’s street address, if the location where records are kept is different from mailing address and whether this address is new in the preceding twelve months.
(D) Name, title, telephone number, facsimile transmission number and e-mail address of person to whom communications regarding the application should be directed.
(E) United States department of transportation (USDOT) motor carrier number.
(F) Interstate commerce commission motor carrier number, if assigned, and/or state identification number, if applicable.
(G) The certificate number of the certificate of public convenience and necessity issued by the commission, if applicable.
(H) Whether the applicant’s motor vehicles display its USDOT motor carrier number, interstate commerce commission number, or certificate number.
(I) United States department of transportation hazardous materials registration number, if applicable.
(J) Federal environmental protection agency transporter identification number(s), if the applicant is required to have such number in accordance with 40 C.F.R. 263.11, as effective on November 30, 2002.
(K) Whether the applicant transports hazardous waste of a type and amount that requires the shipment to be accompanied by a “uniform hazardous waste manifest” pursuant to 40 C.F.R. 262, as effective on November 30, 2002, or equivalent state law.
(1) Whether the applicant anticipates transporting hazardous waste in any of the following states: Illinois, Michigan, Minnesota, Nevada, Oklahoma, Ohio, or West Virginia.
(2) Whether the applicant anticipates transporting radioactive waste in Nevada.
(L) A telephone number to contact in case of an emergency involving a motor vehicle owned or operated by the applicant.
(M) The international registration plan (IRP) percentages for every state in which the applicant operated in the previous international registration plan year and whether the information provided for in the IRP covers the previous twelve-month calendar year or some other twelve-month period.
(N) The percentage of total transportation activity that involves hazardous materials and hazardous waste for the twelve-month period identified in paragraph (M) of this rule and the applicant’s IRP account number.
(O) The class and division of each hazardous material that the applicant transported in the previous calendar year or expects to transport in the present calendar year.
(P) The average number of cargo tanks, owned, operated, or leased, during the twelve-month period indicated in paragraph (M) of this rule with capacities above and/or below thirty-five hundred gallons.
(Q) The average number of power units owned, leased or operated by the applicant for the twelve-month period identified in paragraph (M) of this rule.
(R) The registration fee submitted by the applicant to the commission.
HISTORY: Eff 7-10-89; 7-22-94; 10-13-94; 9-21-95; 3-1-03
Rule promulgated under: RC 111.15
Rule authorized by: RC 4905.80
Rule amplifies: RC 4905.80
R.C. 119.032 review dates: 11/26/2002 and 11/30/2007
A carrier shall apply for a permit to transport hazardous materials from the commission by completing and submitting a uniform permit application form promulgated by the commission, containing the following information:
(A) Whether the applicant is a private carrier, a for-hire carrier, or otherwise.
(B) Whether the applicant is a corporation, sole proprietorship, partnership, joint venture, or otherwise.
(C) The number of years the applicant has been transporting general freight, hazardous materials and/or hazardous waste.
(D) A list of any hazardous materials transportation and/or hazardous waste registrations, permits, licenses, or other similar authorizations held by the applicant which have been withdrawn, denied, suspended, or revoked, or otherwise withdrawn, including by any state, local, or federal agency in the last three years:
(1) The action taken.
(2) The date of the action.
(3) The jurisdiction taking the action.
(4) Whether such registration, permit or license was reinstated.
(E) The current safety rating issued to the applicant by the USDOT.
(F) Whether the applicant has been assessed any fines or penalties relating to hazardous materials transportation over one thousand dollars for any state or federal violations in the last three years. Such list shall include violations for which the applicant has entered a settlement agreement with the commission or the staff pursuant to rule 4901:2-7-11 of the Administrative Code in which the applicant agreed to pay a civil forfeiture of over one thousand dollars for any violation. Such list shall include:
(1) The date of the assessment.
(2) The issuing agency.
(3) The type of violation.
(4) The type of hazardous material involved.
(5) The final assessment by the agency.
(G) Whether the parent company, any subsidiary, or corporate officer, director, or control person, as defined by the United States securities exchange commission, of the parent or any subsidiary of the applicant has been convicted, assessed paid or otherwise found culpable in legal proceedings relating to hazardous materials transportation with penalties over one thousand dollars in the last three years. Such list shall include:
(1) The date of the action.
(2) The fines, penalties, and/or judgments levied.
(3) The nature of the violation.
(4) The cause or reason for the action.
(5) The remedial action taken to mitigate the situation, if any.
(H) Whether the applicant has been fined or convicted in the last three years for transporting hazardous materials without a required hazardous materials transportation registration, permit, license or other similar authorization, and a list of all such violations, including:
(1) The date of the fine or conviction,
(2) The issuing agency,
(3) The type of violation,
(4) The type of hazardous material involved,
(I) Within the last three years, has the applicant been involved in a hazardous materials incident that was required to be reported under 49 C.F.R. 171.15(A)(1), as effective on November 30, 2002. The reporting guidelines cover incidents that involve, as a direct result of the hazardous material(s).
(1) A person is killed.
(2) A person receives injuries requiring hospitalization.
(3) Estimated carrier or other property damage exceeds fifty thousand dollars.
(4) An evacuation of the general public occurs lasting one or more hours.
(5) One or more major transportation arteries or facilities are closed or shut down for one hour or more.
(6) The operational flight pattern or routine of an aircraft is altered.
(J) For each incident please provide the date, location, cause of incident, details of the remediation process and the agency that supervised the remediation.
(K) The number and address of all terminals owned, leased or operated by the applicant.
(L) A certification, initialed by a responsible official of the applicant, who is authorized to certify applications for registrations and permits on behalf of the applicant, containing the following statement, “I certify that, to the best of my knowledge, all applicant owned and operated vehicles have received a periodic inspection within the past year under the requirements detailed in 49 C.F.R. 396.17, as effective on November 30, 2002.”
(M) A certification, initialed by a responsible official of the applicant who is authorized to certify applications for registrations and permits on behalf of the applicant, containing the following statement, “I certify that, to the best of my knowledge, the applicant has a properly executed USDOT form MCS 82 or 90, and has in effect and will maintain the minimum level of financial responsibility as required by 49 C.F.R 387, as effective on November 30, 2002, or required coverage for intrastate carriers, if applicable.”. This form is located at: ___ (complete street address, city, state, zip code)” including, for each policy:
(1) The insurance/surety company.
(2) The insurance/surety company telephone number.
(3) The policy number.
(4) Amount of coverage.
(5) The expiration date.
(N) A certification, initialed by a responsible official of the applicant who is authorized to certify applications for registrations and permits on behalf of the applicant, containing the following statement, “I certify that, to the best of my knowledge, all of the applicant’s drivers subject to 49 C.F.R. 383, as effective on November 30, 2002, have a current commercial drivers license, including all applicable endorsements for hazardous materials and cargo tankers.”
(O) A certification, initialed by a responsible official of the applicant who is authorized to certify applications for registrations and permits on behalf of the applicant, containing the following statement, “I certify that, to the best of my knowledge, the applicant complies with all applicable USDOT bulk packaging requirements as required by 49 C.F.R. 100 to 180, as effective on November 30, 2002.”
(P) A certification, initialed by a responsible official of the applicant who is authorized to certify applications for registrations and permits on behalf of the applicant, containing the following statement, “I certify that, to the best of my knowledge, the applicant is in compliance with 29 C.F.R. 1910.120(q), as effective on November 30, 2002, regulations pertaining to an emergency response plan.”
(Q) A certification, initialed by a responsible official of the applicant who is authorized to certify applications for registrations and permits on behalf of the applicant, containing the following statement, “I certify that, to the best of my knowledge, the applicant is aware of, and will observe, all state designated routing requirements as required by 49 C.F.R. 397, as effective on November 30, 2002, and will so instruct its drivers.”
(R) A certification, initialed by a responsible official of the applicant who is authorized to certify applications for registrations and permits on behalf of the applicant, containing the following statement, “I certify that, to the best of my knowledge, the applicant is in compliance with 29 C.F.R. 1910.1200 and 49 C.F.R. 172, and 49 C.F.R. 177.800, as effective on November 30, 2002, dealing with training requirements for hazardous materials employees.”
(S) A certification, initialed by a responsible official of the applicant who is authorized to certify applications for registrations and permits on behalf of the applicant, containing the following statement, “I certify that, to the best of my knowledge, the applicant retains its shipping papers, or an electronic image thereof, for a period of one year in conformance with 49 U.S.C. 5110(e).”
(T) A certification, initialed by a responsible official of the applicant who is authorized to certify applications for registrations and permits on behalf of the applicant, containing the following statement, “I certify that, to the best of my knowledge, the applicant maintains all hours of service records as required under 49 C.F.R. 395.8, as effective on November 30, 2002, and is in compliance with the hours of service regulations in 49 C.F.R. 395, as effective on November 30, 2002.”
(U) A certification, initialed by a responsible official of the applicant who is authorized to certify applications for registrations and permits on behalf of the applicant, containing the following statement, “I certify that, to the best of my knowledge, the applicant meets the motor carrier safety requirements found in 49 C.F.R. 100 to 180, as effective on November 30, 2002.”
HISTORY: Eff 7-10-89; 11-29-90; 7-22-94; 10-13-94; 3-1-03
Rule promulgated under: RC 111.15
Rule authorized by: RC 4905.80
Rule amplifies: RC 4905.80
R.C. 119.032 review dates: 11/26/2002 and 11/30/2007
Carriers that transport hazardous waste shall complete and submit a “Uniform Permit Disclosure Form” promulgated by the commission, containing the following information:
(A) The date and place of incorporation of the applicant, if the applicant is incorporated.
(B) The applicant shall provide a table of organization showing the applicant’s position in relationship to parent and subsidiary firms and an organization chart for key management personnel.
(C) List the name, business address, EPA or state ID number (as applicable), and principal type of business of all North American facilities which currently are, or have been in the last three years, owned, operated or leased by the applicant and which during that time have been engaged in any of the activities described below. For each facility, also list all federal, state and local agencies which have regulated the facility’s activities listed in paragraphs (C)(1) to (C)(4) of this rule, and list all permits, licenses and registrations applied for or held during that time by the applicant’s firm for such activity. (Do not duplicate those listed in paragraph (K) of rule 4901:2-6-05 of the Administrative Code.
(1) RCRA or non-RCRA hazardous waste transportation, generation, treatment, storage, transfer, disposal, recycling, or other handling.
(2) Biohazardous (infectious or medical) waste transportation, treatment, or disposal.
(3) Septic or industrial wastewater transportation, treatment, or disposal.
(4) Solid waste transportation, disposal, or other handling.
(D) A list of all “key management personnel”, which shall include the full name, date of birth, driver’s license number, all aliases used for individuals who hold, or have held in the last three years, the following key management positions (as applicable) in the applicant’s firm:
(1) All individuals holding or controlling ten per cent or more of the equity, including stock, in, or debt liability of, the applicant, either directly or through another individual, excluding commercial lending institutions.
(2) All directors.
(3) All corporate officers, including but not limited to the president, vice-president, secretary, and chief financial officer.
(4) All managers of environmental regulator compliance.
(5) All first-line supervisors who manage a facility at which the applicant transports, transfers, or stores hazardous waste.
For the purposes of this rule, “key management personnel” means any individual having positions of discretionary responsibility, control, or influence over the applicant’s environmental, waste management, or transportation operations.
(E) If the initial background investigation of any key management personnel raises questions as to the identity of the person(s) for which information is provided, the commission may request fingerprinting cards for the person(s) whose identity is in question.
(F) A list of all state hazardous materials transportation registrations, permits, licenses or similar types of credentials held in the last three years which includes the jurisdiction current or recent permit or registration number, years of held, type of material.
(G) A list of all persons which hold, or have held in the last three years, either directly or though another person, ten per cent or more of the equity in, or debt liability of, the applicant, excluding commercial lending institutions. Such list shall include all names and addresses used by such persons in the last three years;
(H) A list of all North American affiliates and subsidiaries in which the applicant, or any of its key management personnel, holds, or has held in the last three years, ten per cent or more of the equity or debt liability.
(I) A list of all contractors and brokers that account for ten per cent or more of the applicant’s contracted work in the last three years with which the applicant has contracted for any of the activities enumerated in paragraph (C) of this rule.
(J) A list of all persons which accounted for ten per cent or more of the work performed by the applicant in the last three calendar years.
(K) A list and explanation of all legal proceedings against the applicant, its key management personnel, or any North American parent, affiliate, or subsidiary of the applicant, including the following crimes:
(1) Murder, kidnapping, gambling, robbery, bribery, extortion, criminal usury, arson, burglary, theft and related crimes, forgery and fraudulent practice, racketeering, perjury or false swearing, felony assault, felony drug offenses, fraud in the offering, sale, or purchase of securities, alteration of motor vehicle identification numbers, unlawful possession or use of destructive devices or explosives, or any purposeful, knowing, willful, or reckless violation of the criminal provisions of any federal or state environmental protection laws, rules, or regulations; and
(2) All permit or license denials, suspensions, and revocations pertaining to environment and public health laws, including all judgments, settlements, charges, and convictions associated with such actions.
For the purposes of this rule, “legal proceedings” shall be defined as any federal, state, or local enforcement action, whether administrative, civil, or criminal, pending or adjudicated in the last three years.
(L) The applicant shall report to the commission in writing, within ninety days, any changes in majority ownership or convictions against the applicant or the applicant’s key management personnel for any crime covered under this rule.
HISTORY: Eff 7-10-89; 11-29-90; 7-22-94; 10-13-94; 3-1-03
Rule promulgated under: RC 111.15
Rule authorized by: RC 4905.80
Rule amplifies: RC 4905.80
R.C. 119.032 review dates: 11/26/2002 and 11/30/2007
(A) For all applicants each uniform registration and uniform permit application shall contain a certification by a responsible official of the applicant who is authorized to certify applications for registrations and permits on behalf of the applicant. Such certification shall contain the following statement, “I certify that, to the best of my knowledge and after due investigation, the information contained in this application is true, accurate, and complete and I understand that any information contained in this application may be verified through either a desk audit or on-site audit” and shall contain the name, title, and telephone number of the official certifying the application. Such certification must be signed and dated by the official certifying the application.
(B) For all renewal applicants each uniform registration and uniform permit application shall contain a certification by a responsible official of the applicant who is authorized to certify applications for registrations and permits on behalf of the applicant. Such certification shall have checked all of the following certifications that are applicable.
(1) “I certify that no changes have been made in the past year to the applicant’s: Permit status (part II B), safety rating (part II C), and disclosure status, part III G (if applicable)”.
(2) I certify that there have been no changes in the applicant’s operations that would require the applicant to obtain a higher level of credential under the uniform program. (Example: A motor carrier with a part II hazardous materials permit begins transporting hazardous waste in a state that requires the part III disclosure.)”.
(3) “All changes to items A and B above are listed as attachment IV.C to this application.”
HISTORY: Eff 7-10-89; 11-29-90; 7-22-94; 10-13-94; 3-1-03
Rule promulgated under: RC 111.15
Rule authorized by: RC 4905.80
Rule amplifies: RC 4905.80
R.C. 119.032 review dates: 11/26/2002 and 11/30/2007
(A) Upon a written request from the staff, each applicant shall provide any additional information related to information requested in the uniform registration and/or uniform permit application necessary for the processing of a uniform registration and/or uniform permit application within fifteen days, unless otherwise agreed to by the applicant and the staff.
(B) Each applicant shall notify the commission of any change in the applicant’s safety rating issued by the USDOT and if any insurance policy, reported to the commission pursuant to paragraph (E) of rule 4901:2-6-05 of the Administrative Code is cancelled without being replaced by similar or higher coverage.
(C) Each applicant shall report to the commission, in writing, any additions or other changes to the information disclosed on the part III disclosure form in accordance with rule 4901:2-6-06 of the Administrative Code, within ninety days after the date of such addition or change.
HISTORY: Eff 7-10-89; 12-15-90; 7-22-94; 10-13-94; 9-21-95; 3-1-03
Rule promulgated under: RC 111.15
Rule authorized by: RC 4905.80
Rule amplifies: RC 4905.80
R.C. 119.032 review dates: 11/26/2002 and 11/30/2007
(A) The processing fee for a uniform registration and/or uniform permit application shall be fifty dollars.
(B) Each applicant shall submit an apportioned per vehicle registration fee. This fee shall be calculated by rounding up to the nearest whole number the product of the number of power units reported by the applicant times the Ohio international registration plan percentage reported by the applicant times the percentage of hazardous materials activity reported by the applicant times the registration fee of twenty dollars per vehicle.
(C) The fee to submit a part III disclosure form in accordance with rule 4901:2-6-06 of the Administrative Code shall be six hundred dollars
(D) In the event that an applicant submits an inaccurate or incomplete part III disclosure form which requires additional investigation by the staff, the commission may, after notice and an opportunity for a hearing pursuant to Chapter 4901-1 of the Administrative Code, assess a fee for such additional investigation, to be calculated at the rate of thirty dollars per hour for each hour of additional investigation by the staff, but not to exceed six hundred dollars.
(E) Each applicant shall submit the registration fee for each reciprocity state in which the applicant operated in the previous calendar year. The commission shall distribute fees collected on behalf of reciprocity states to the appropriate reciprocity state and pay any fees required by the repository of the hazardous materials alliance.
HISTORY: Eff 12-15-90; 7-22-94; 9-21-95; 3-1-03
Rule promulgated under: RC 111.15
Rule authorized by: RC 4905.80
Rule amplifies: RC 4905.80
R.C. 119.032 review dates: 11/26/2002 and 11/30/2007
(A) Each carrier shall file a part I registration application described in rule 4901:2-6-04 of the Administrative Code on an annual basis.
(B) The term of the uniform permit to transport hazardous materials shall be for three years from the registration date established by this rule.
HISTORY: Eff 11-29-90; 7-22-94; 10-13-94; 3-1-03
Rule promulgated under: RC 111.15
Rule authorized by: RC 4905.80
Rule amplifies: RC 4905.80
R.C. 119.032 review dates: 11/26/2002 and 11/30/2007
The commission may, after notice and an opportunity for hearing pursuant to rule 4901:2-6-12 of the Administrative Code, suspend, revoke or deny the uniform 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 permit by a reciprocity state, if the commission determines that:
(A) Such carrier has been issued an “unsatisfactory” safety rating by the USDOT federal highway administration, pursuant to 49 C.F.R. 385, as effective on November 30, 2002.
(B) Such carrier has knowingly falsified a material fact in a uniform registration or uniform permit application.
(C) Such carrier has violated the hazardous materials regtulations, 49, C.F.R. 171 to 180, the federal motor carrier safety regulations, 49, C.F.R. 383, 387, 390 to 397, or its state equivalents, or any order of the commission issued to secure compliance with any such division or rule when transporting hazardous materials or offering hazardous materials for transportation, and such violation poses an imminent hazard to the public or the environment.
(D) Such carrier has exhibited reckless disregard for the public and the environment, pursuant to the following factors:
(1) Whether such carrier has engaged in a pattern of violations of the hazardous materials regulations, 49, C.F.R. 171 to 180, the federal motor carrier safety regulations, 49, C.F.R. 40, 382, 383, 387, 390 to 397, or its state equivalents, an order of the commission issued to secure compliance with the hazardous materials regulations or the federal motor carrier safety regulations when transporting hazardous materials or offering hazardous materials for transportation, or of regulations for the management of hazardous waste issued pursuant to the Resource Conservation and Recovery Act, as amended, or its state equivalents, including consideration of the number of truck-miles such carrier transports hazardous materials within the state and the number of vehicles in such carriers fleet.
(2) The actual or potential level of environmental damage resulting from any incident or finding of violation of the provisions enumerated above.
(3) The response by the carrier to any incident or findings of violation of the provisions enumerated above.
(4) Such carrier’s history of violations for the past three years.
(5) Any mitigating factors such carrier chooses to present at a hearing before the commission.
(6) Such other matters as justice requires.
(E) The federal hazardous materials regulations, 49 C.F.R. 171 to 180 and the federal motor carrier safety regulations, 49 C.F.R. 40, 382, 383, 387, and 390 to 397, as effective on November 30, 2002.
HISTORY: Eff 11-29-90; 7-22-94; 10-13-94; 13-1-03
Rule promulgated under: RC 111.15
Rule authorized by: RC 4905.80
Rule amplifies: RC 4905.80
R.C. 119.032 review dates: 11/26/2002 and 11/30/2007
(A) Proceeding for the suspension, revocation, or denial of the uniform permit of a carrier shall be initiated by the filing of a staff report recommending the suspension, revocation, or denial of the uniform permit of such carrier. This staff report shall be served upon the carrier by ordinary United States mail.
(B) Upon the filing of a staff report, the commission shall issue an order in the proceeding ordering the carrier to show cause why its uniform permit should not be suspended, revoked or denied. This order shall be served upon the carrier by certified mail, return receipt requested.
(C) A carrier which has been served with an order pursuant to paragraph (B) of this rule may file a response within fifteen days of service of the order. This response shall be in writing and may include a detailed statement why the actions proposed to be taken by staff may be unjustified, mitigating circumstances regarding the proposed action, including subsequent remedial measures undertaken by the carrier to address any issues raised in the notice, and any other information relevant to the proposed action and/or a request for an evidentiary hearing.
(D) Within fifteen days, but no earlier than seven days, after the filing of a response under paragraph (C) of this rule, the commission shall hold an evidentiary hearing. The evidentiary hearing may consist of written stipulations, oral testimony, or such other evidence which is admitted.
(E) A final commission order suspending, revoking, or denying the uniform permit of the carrier shall be issued within ninety days after the conclusion of the evidentiary hearing, unless otherwise ordered by the commission.
(F) Except as otherwise provided by this rule, all proceedings under this rule shall be conducted in accordance with Chapter 4901-1 of the Administrative Code.
R.C. 119.032 review dates: 12/02/2002 and 11/30/2007
Promulgated Under: 111.15
Statutory Authority: 4905.80
Rule Amplifies: 4905.80
Prior Effective Dates: 12/15/90, 7/22/94, 10/13/94
(A) The staff may issue a “Notice of Intent to Suspend”, “Notice of Intent to Revoke” or “Notice of Intent to Deny” to a carrier before it files a staff report recommending to the commission the suspension, revocation or denial of a uniform permit. The notice shall contain the action proposed to be taken by the staff, a brief statement of the basis for such action, and instructions regarding the manner in which the carrier may serve a response upon the staff.
(B) A carrier to whom a “Notice of Intent to Suspend”, “Notice of Intent to Revoke” or “Notice of Intent to Deny” has been served may serve a response upon the staff. The response shall be in writing and shall contain a detailed statement why the actions proposed to be taken by staff may be unjustified, mitigating circumstances regarding the proposed action, including subsequent remedial measures undertaken by the carrier to address any issues raised in the notice, and any other information relevant to the proposed action.
(C) A “Notice of Intent to Suspend”, a “Notice of Intent to Revoke”, a “Notice of Intent to Deny” or a response to any such notice may be served by ordinary United States mail or by facsimile transmission. Service by ordinary United States mail is complete upon mailing, and service by facsimile transmission is complete upon transmission.
(D) No information contained in a “Notice of Intent to Suspend”, a “Notice of Intent to Revoke”, a “Notice of Intent to Deny” or a response to any such notice served upon the staff shall be admissible in any subsequent administrative 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 in order to avoid litigation. A determination by the staff to issue or not to issue a “Notice of Intent to Suspend”, “Notice of Intent to Revoke” or “Notice of Intent to Deny” shall not in any way prejudice the right of the commission to suspend, revoke or deny the uniform permit of any carrier.
R.C. 119.032 review dates: 12/02/2002 and 11/30/2007
Promulgated Under: 111.15
Statutory Authority: 4905.80
Rule Amplifies: 4905.80
Prior Effective Dates: 11/29/90, 7/22/94, 10/13/94
(A) No carrier may transport hazardous materials, in commerce, into, within, or through this state unless such carriers has registered with, and received a uniform permit from, the commission or a reciprocity state.
(B) No carrier may transport hazardous waste, in commerce, into, within, or through this state unless such carrier has submitted a “Part III Disclosure Form” described in rule 4901:2-6-06 of the Administrative Code with its uniform permit application and has received a uniform permit from the commission or a reciprocity state.
(C) No carrier may transport hazardous materials, in commerce, into, within, or through this state if the commission, or a reciprocity state, has suspended, revoked or denied the uniform permit of such carrier. No carrier which has been issued a uniform 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.
(D) No person shall knowingly falsify or fail to submit to the commission any data, reports, records, or other information required to be submitted under this chapter.
R.C. 119.032 review dates: 12/02/2002 and 11/30/2007
Promulgated Under: 111.15
Statutory Authority: 4905.80
Rule Amplifies: 4905.80
Prior Effective Dates: 12/15/90, 7/22/94, 10/13/94