4901:2-6-12 Proceedings related to the suspension, revocation or denial of a uniform program permit.

(A) A proceeding for the suspension or revocation of or the denial of an application for a uniform program permit or the existing, uniform program permit of a carrier shall be initiated by the filing of a staff report recommending the suspension, revocation, or denial of an application for 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 order the carrier to show cause why its uniform program permit should not be suspended or revoked or its application 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, the legal director, the deputy legal director, or the attorney examiner assigned to the case, shall issue an entry scheduling 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 or revoking, or denying an application for the uniform program permit or the existing uniform program 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.

Effective: 09/27/2010
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: 10/13/1994