4901:2-6-13 Notices of intent to suspend, revoke or deny.

(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