4901:2-6-08 Proceedings related to the suspension or revocation of a uniform program permit.

(A) A proceeding to suspend or revoke the uniform program 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 program permit by a reciprocity state, shall be initiated by the filing of a staff report recommending the actions to be taken by the commission. The staff report shall be served upon the carrier by ordinary or certified United States mail.

(B) Upon the filing of a staff report, the commission shall order the respondent to show cause why the commission should not adopt the staff's recommendations as its order. The order shall require the respondent to file a written answer within fifteen days of the effective date of the order. The order shall be served upon the respondent by ordinary or certified United States mail.

(C) A respondent upon whom an order described in paragraph (B) of this rule has been served must answer the order to show cause within fifteen days of its effective date. This response shall be in writing and shall contain a detailed statement indicating why the actions recommended by staff may be unjustified, mitigating circumstances or subsequent remedial measures undertaken in regards to the issues raised in the staff report, and any other information relevant to the proposed actions.

(D) If a respondent fails to answer the order to show cause, 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 shall 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 shall be conducted in accordance with Chapter 4901-1 of the Administrative Code.

Replaces: 4901:2-6-12

Effective: 07/18/2013
R.C. 119.032 review dates: 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4905.81 , 4921.15
Rule Amplifies: 4921.15
Prior Effective Dates: 10/13/94, 9/27/10