The commission may, after notice and an opportunity for hearing pursuant to rule 4901:2-6-12 of the Administrative Code, deny an application for a uniform program permit, 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, if the commission determines that:
(A) Such carrier has been issued an "unsatisfactory" safety rating by the United States department of transportation federal motor carrier safetyadministration, pursuant to 49 C.F.R. 385, referenced in paragraph (B) of rule 4901:2-6-02 of the Administrative Code.
(B) Such carrier has knowingly falsified a material fact in a uniform program registration or uniform program permit application.
(C) Such carrier has violated the federal hazardous materials regulations, 49 C.F.R. 171 to 49 C.F.R. 180, the federal motor carrier safety regulations, 49 C.F.R. 382, 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 49 C.F.R. 180, the federal motor carrier safety regulations, 49 C.F.R. 40, 49 C.F.R. 382, 49 C.F.R. 383, 49 C.F.R. 387, 49 C.F.R. 390 to 49 C.F.R. 397, as referenced in paragraph (B) of rule 4901:2-6-02 of the Administrative Code, or its state equivalents, not complied with any 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 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.
R.C. 119.032 review dates: 06/18/2010 and 11/30/2012
Promulgated Under: 111.15
Statutory Authority: 4905.80
Rule Amplifies: 4905.80
Prior Effective Dates: 11/29/1990, 7/22/1994, 10/13/1994, 3/1/2003