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Ohio Laws and Rules
As used in this chapter:
(A) “Days,” when used to compute any period of time prescribed or allowed by these rules, shall not include the date of the act or event from which the designated period of time begins to run. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or legal holiday, in which even the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.
(B) “Director” means the director of the commission’s transportation department or his designee.
(C) “Filing” means delivery to the commission’s docketing division in accordance with rule 4901-1-02 of the Administrative Code.
(D) “Hearing” means all proceedings before the commission involving a violation, commencing with the filing of a request for administrative hearing and concluding with the issuance of a final order of the commission.
(E) “Notice” means a notice of apparent violation as defined in rule 4901:2-7-05 of the Administrative Code; a notice of intent to assess forfeiture as defined in rule 4901:2-7-07 of the Administrative Code; a notice of intent to make compliance order as defined in rule 4901:2-7-08 of the Administrative Code; or a notice of preliminary determination as defined in rule 4901:2-7-12 of the Administrative Code.
(F) “Parties” means staff and a respondent, and any persons permitted to intervene after commencement of a proceeding.
(G) “Remedy” means any monetary civil forfeiture or compliance order set forth in a notice.
(H) “Report of violation” means the information provided to staff in accordance with rule 4901:2-7-04 of the Administrative Code.
(I) “Respondent” means the shipper, carrier, individual, or several such persons, which the staff has determined may be responsible for a violation.
(J) “Staff” means those employees of the commission’s transportation department to whom responsibility has been delegated for administering the provisions of sections 4905.83, 4919.99, 4921.99, and 4923.99 of the Revised Code, as applicable.
(K) “Violation” means any conduct, act, or failure to act, prohibited by statute or commission rule or order, for which a forfeiture may be assessed pursuant to sections 4905.83, 4919.99, 4921.99 and 4923.99 of the Revised Code.
Replaces: 4901:2-7-02
Effective: 10/22/2007
R.C. 119.032 review dates: 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.83, 4919.99, 4921.99, 4923.99
Rule Amplifies: 4905.83, 4919.99, 4921.99, 4923.99
Prior Effective Dates: 9/28/88(Emer.), 12/23/88, 10/28/90, 12/14/95, 4/12/02
This chapter governs all proceedings of the commission to assess forfeitures and make compliance orders as authorized by sections 4905.83, 4919.99, 4921.99 and 4923.99 of the Revised Code.
Replaces: 4901:2-7-01
Effective: 10/22/2007
R.C. 119.032 review dates: 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.83, 4919.99, 4921.99, 4923.99
Rule Amplifies: 4905.83, 4919.99, 4921.99, 4923.99
Prior Effective Dates: 3/19/87, 9/28/88, 12/23/88, 12/14/95
In proceedings governed by this chapter:
(A) Unless provided otherwise by this chapter, service upon staff may be made by ordinary or certified United States mail, by courier service, by facsimile transmission or by personal service in the offices designated as the hazardous materials division. Service upon staff shall be made to:
“Compliance Division
Transportation Department
Public Utilities Commission of Ohio
180 East Broad Street, Fourteenth Floor
Columbus, Ohio 43215-3793”
Service is effective upon receipt except that service by United States mail is complete upon mailing and service by facsimile transmission is complete upon transmission.
(B) Service upon a respondent shall be made by ordinary or certified United States mail, by courier service, by facsimile transmission or by personal service except that service upon a domestic respondent of a notice of intent to assess forfeiture or a notice of intent to make compliance order shall be made by certified United States mail. Service upon a foreign respondent of a notice of intent to assess forfeiture or a notice of intent to make compliance order shall be by ordinary United States mail. Service is effective upon receipt by any person, except that service by ordinary or certified United States mail is effective upon mailing and service by facsimile transmission is complete upon transmission. Service upon a respondent shall be made at any of the following, in order of priority.:
(1) If the respondent is a natural person:
(a) The address listed on the report of the violation.
(b) The address listed on the respondent’s operator’s license.
(2) If the respondent is other than a natural person:
(a) If the respondent has filed a request for conference or otherwise appeared, itself or through an authorized representative, at the address indicated in the appearance or other communication.
(b) If the respondent is a carrier, at the address designated by the respondent, in writing, with the staff.
(c) If the respondent is a carrier, shipper or other business entity, at the address disclosed on the shipping papers or other shipping documents, if any.
(d) If the respondent is a carrier, shipper or other business entity, and whose address is not disclosed by the shipping papers, at any business address of the respondent.
(C) Failure to observe the prescribed priority of service will not constitute a failure of service.
(D) If the service envelope is returned with an endorsement showing failure of delivery or if no receipt of delivery is returned, then service may be made by ordinary United States mail and is effective upon mailing.
(E) Once a respondent has served a request for administrative hearing in accordance with rule 4901:2-7-13 of the Administrative Code, any further service shall be made in accordance with Chapter 4901-1 of the Administrative Code.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.83, 4919.99, 4921.99, 4923.99
Rule Amplifies: 4905.83, 4919.99, 4921.99, 4923.99
Prior Effective Dates: 9/28/88 (Emer.), 12/23/88, 10/28/90, 12/14/95, 4/12/02
(A) The commission, any commissioner, the legal director, the deputy legal director, or an attorney examiner, may issue subpoenas, upon the request of the staff, when the staff has cause to believe that a violation for which a forfeiture may be assessed has been committed. A subpoena shall command the person to whom it is directed to attend and give testimony at the time and place specified therein. A subpoena may also command such person to produce the papers, documents, or other tangible things described therein. A subpoena issued under this rule shall be served upon the respondent by personal service or by certified United States mail and is effective upon receipt.
(B) The commission, any commissioner, the legal director, the deputy legal director, or an attorney examiner may, upon their own motion or upon motion of the person to whom the subpoena is directed, quash a subpoena if it is unlawful, unreasonable or oppressive.
(C) Any person having statutory authority to take enforcement action regarding a violation may transmit a report of the violation to staff. The report shall be made on forms prescribed by the director of the transportation department, or shall contain substantially the same information called for on such forms. The report shall include the name, address, and telephone number of the person making the report. Whenever practicable, the report should include any documentary, photographic or other evidence which has been collected regarding the violation.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.81, 4905.83, 4919.99, 4921.99, 4923.99
Rule Amplifies: 4905.81, 4905.83, 4919.99, 4921.99, 4923.99
Prior Effective Dates: 9/28/88 (Emer.), 12/23/88, 12/14/95, 4/12/02
When the staff receives a report of a violation, it shall identify the respondent or respondents and serve a “notice of apparent violation” upon any such respondents. The notice of apparent violation shall contain:
(A) An identification of the date of the violation and person, vehicle, or facility concerning which the violation occurred.
(B) Reference to the statute, rule or regulation, or order of the commission that was violated.
(C) A brief description of the manner in which the violation is alleged to have occurred.
(D) Instructions regarding the manner in which the respondent may serve a timely request for conference to contest the violation.
(E) A notice that failure to contest the violation will conclusively establish the occurrence of the violation.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4905.83
Prior Effective Dates: 9/28/88 (Emer.), 12/23/88, 10/28/90
(A) When staff has reason to believe that a person has committed a violation, it may serve a notice of intent to assess forfeiture under this chapter. In determining the amount of any forfeiture to be assessed, staff and the commission shall consider:
(1) The nature and circumstances of the violation.
(2) The extent and gravity of the violation.
(3) The degree of the respondent’s culpability.
(4) The respondent’s history of violations, including but not limited to prior “violations” as defined under this chapter and any other available information concerning the respondent’s safety of operations.
(5) The respondent’s ability to pay.
(6) The effect on the respondent’s ability to continue in business.
(7) Such other matters as justice may require.
(B) When staff has reason to believe that a person is engaging in a pattern of violations, it may serve a notice of intent to make compliance order under this chapter. Any such order shall be reasonably calculated to prevent future violations.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.83, 4919.99, 4921.99, 4923.99
Rule Amplifies: 4905.83, 4919.99, 4921.99, 4923.99
Prior Effective Dates: 9/28/88 (Emer.), 12/23/88, 12/14/95
Within ninety days of discovery of a violation, but no later than one year following the violation, the staff may serve a “notice of intent to assess forfeiture” for that violation upon one or more respondents. The notice of intent to assess forfeiture shall contain:
(A) An identification of the date of the violation and person, vehicle, or facility concerning which the violation occurred.
(B) Reference to the statute, rule or regulation, or order of the commission that was violated.
(C) A brief description of the manner in which the violation is alleged to have occurred.
(D) The amount of the forfeiture intended to be assessed.
(E) A statement that respondent’s failure to serve timely a request for conference shall constitute a waiver of respondent’s right to further contest liability to the state for the forfeiture described in the notice.
(F) A description of the manner in which the respondent may make payment of the forfeiture.
(G) Instructions regarding the manner in which the respondent may serve a timely request for conference to contest the occurrence of the violation or the amount of the forfeiture.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.83, 4919.99, 4921.99, 4923.99
Rule Amplifies: 4905.83, 4919.99, 4921.99, 4923.99
Prior Effective Dates: 9/28/88 (Emer.), 12/23/88, 10/28/90, 12/14/95
The staff may serve a “notice of intent to make compliance order” for that violation upon one or more respondents. The notice of intent to make compliance order shall contain:
(A) An identification of the date of the violation and person, vehicle, or facility concerning which the violation occurred.
(B) Reference to the statute, rule or regulation, or order of the commission that was violated.
(C) A brief description of the manner in which the violation is alleged to have occurred
(D) The language of the compliance order intended to be made.
(E) A statement that respondent’s failure to serve timely a request for conference shall constitute a waiver of respondent’s right to further contest the making of the order described in the notice.
(F) Instructions regarding the manner in which the respondent may serve a timely request for conference to contest the occurrence of the violation or the making of the compliance order.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.83, 4919.99, 4921.99, 4923.99
Rule Amplifies: 4905.83, 4919.99, 4921.99, 4923.99
Prior Effective Dates: 9/28/88 (Emer.), 12/23/88, 10/28./90, 12/14/95
One or more timely notices directed to a single respondent may be combined or merged in any combination.
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4905.83
Prior Effective Dates: 11/29/90, 7/22/94, 10/13/94, 3/1/03
(A) A respondent to whom a notice of apparent violation, a notice of intent to assess forfeiture or a notice of intent to make compliance order has been directed may, within thirty days of service upon him, serve upon staff a “request for conference.” The request for conference shall be in writing, and may be in any legible form which identifies the matter to be discussed and communicates respondent’s desire to have a conference concerning the matter. The request for conference shall contain the name, address and telephone number of the respondent or his authorized representative. The request may be submitted via ordinary U.S. mail, facsimile or electronic mail.
(B) The conference may occur in person, by telephone, or through written communications, and may be held with the respondent or his authorized representative. The respondent shall have the opportunity to present reasons why the violation did not occur as alleged, mitigating circumstances regarding the amount of the forfeiture, reasons why the compliance order may be unjustified, or any other information relevant to the action proposed to be taken.
(C) The staff shall notify the respondent of the date and time of the settlement conference by service of a scheduling notice by ordinary U.S. mail, facsimile transmission, or electronic mail, at least fourteen days prior to the date and time established for the conference.
(D) Unless contained in or otherwise provided in a settlement agreement, no statement or conduct occurring in a settlement conference is admissible in any hearing proceeding regarding the violation.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.83, 4919.99, 4921.99, 4923.99
Rule Amplifies: 4905.83, 4919.99, 4921.99, 4923.99
Prior Effective Dates: 9/28/88 (Emer.), 12/23/88, 12/14/95
(A) Should the parties reach agreement regarding the occurrence of a violation, the amount of a forfeiture to be assessed, or the nature of a compliance order to be made, the agreement may be reduced to writing in a “settlement agreement.” Such an agreement shall be signed by the transportation department director and by the respondent, and shall be fully binding upon the commission and the respondent upon execution, except as otherwise provided in this rule.
(B) A settlement agreement may contain an agreed forfeiture, an agreed compliance order, another agreed remedy, or withdrawal of the violation, regardless of the remedy specified in the notice.
(C) Settlement agreements providing for the payment of forfeitures of one thousand dollars or more for any violation shall not be effective until approved by and made the order of the commission.
(D) The commission may, on its own motion, make the provisions of any duly executed settlement agreement the order of the commission. Proper execution of a settlement agreement constitutes a full and complete waiver by respondent of its right to prior notification of or to contest any such proceeding of the commission.
(E) In the event a respondent has failed to comply with the provisions of a settlement agreement for a period exceeding thirty days, the commission may, on its own motion, commence a citation proceeding to order the respondent to appear and show cause why the settlement agreement should not be vacated. If the commission finds that a respondent has failed to comply with the provisions of a settlement agreement, the commission may vacate the settlement agreement and adopt as its order the relief set forth in the notice or notices concerning any violations subject to the settlement agreement.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4905.83
Prior Effective Dates: 9/28/88 (Emer.), 12/23/88
Following service of a notice of apparent violation, a notice of intent to assess forfeiture or a notice of intent to make compliance order, the staff may serve a “notice of preliminary determination” upon the respondent. The notice of preliminary determination shall be signed by the transportation department director and shall contain:
(A) An identification of the date of the violation and person, vehicle, or facility concerning which the violation occurred.
(B) Reference to the statute, rule or order of the commission which was violated.
(C) A brief description of the violation, the amount of the civil forfeiture intended to be assessed, or the language of the compliance order intended to be made.
(D) Instructions regarding the manner in which the respondent may serve a timely request for administrative hearing to contest the alleged violation, the proposed forfeiture or the making of the compliance order.
(E) A notice that failure to file a request for administrative hearing will conclusively establish the occurrence of the violation described in the notice of preliminary determination and will constitute a waiver of the right of the respondent to contest liability to the commission for the forfeiture proposed in the notice of preliminary determination and the right of the respondent to contest the making of the compliance order proposed in the notice of preliminary determination.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.83, 4919.99, 4921.99, 4923.99
Rule Amplifies: 4905.83, 4919.99, 4921.99, 4923.99
Prior Effective Dates: 9/28/88 (Emer.), 12/23/88, 10/28/90, 12/14/95
Within thirty days following the service by the staff of a notice of preliminary determination in accordance with rule 4901:2-7-12 of the Administrative Code, either party may file a “request for administrative hearing” with the commission docketing division. The request for administrative hearing shall be in writing, shall contain the name, address and telephone number of the respondent and the case number assigned to the matter by the staff. The request for administrative hearing shall be signed by the respondent or its authorized representative, if the request for administrative hearing is filed by the respondent; and the request for administrative hearing shall be signed by the transportation department director, if the request for administrative hearing is filed by the staff. A copy of the notice of preliminary determination served by the staff upon the respondent shall be attached to the request for administrative hearing.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4905.83
Prior Effective Dates: 12/14/95
(A) A respondent upon whom a notice of intent to assess forfeiture has been served who fails within thirty days to pay the amount of the forfeiture stated in the notice or to serve upon staff a request for conference shall be in default. A respondent who has requested an administrative hearing and fails to participate in the hearing proceeding shall be in default. A respondent in default shall be deemed to have admitted the occurrence of the violation and waived all further right to contest liability to the state for the forfeiture described in the notice.
(B) A respondent upon whom a notice of intent to make a compliance order has been served who fails to serve upon staff within thirty days a request for conference shall be in default. A respondent in default shall be deemed to have admitted the occurrence of the violation and waived all further right to contest the making of the order described in the notice.
(C) A respondent upon whom a notice of preliminary determination has been served who fails within thirty days to pay the amount of the civil forfeiture proposed in the notice of preliminary determination or to file with the commission docketing division a request for administrative hearing shall be in default. A respondent in default shall be deemed to have admitted the occurrence of the violation and waived all further right to contest liability for the forfeiture proposed in the notice or to contest the making of the compliance order described in the notice.
(D) If a respondent is in default, the commission may, on its own motion and without prior notification to respondent, make an order adopting the remedy set out in the notice with respect to which a default has occurred pursuant to this rule. A copy of the order shall be served upon any affected respondent.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.83, 4919.99, 4921.99, 4923.99
Rule Amplifies: 4905.83, 4919.99, 4921.99, 4923.99
Prior Effective Dates: 3/19/87, 9/28/88 (Emer.), 12/23/88, 10/28/90, 12/14/95, 4/12/02
(A) Any time within which a respondent is required to act under this chapter may be extended by the transportation department director in writing, for good cause shown.
(B) Any time within which the staff is required to act under this chapter may be extended by the written agreement of all parties.
(C) Extensions of time sought after the commencement of a hearing shall be governed by Chapter 4901-1 of the Administrative Code.
(D) A party which is in default or has failed to comply with a settlement agreement, and has been subjected to an ex parte order of the commission may file an application for rehearing in accordance with rule 4901-1-35 of the Administrative Code.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4905.83
Prior Effective Dates: 11/11/78, 3/19/87, 9/28/88 (Emer.), 12/23/88, 10/28/90, 4/12/02
(A) Unless otherwise provided in this chapter, all hearings shall be conducted in accordance with Chapter 4901-1 of the Administrative Code.
(B) Unless otherwise ordered by the commission or agreed by the parties, a prehearing conference shall be scheduled in accordance with rule 4901-1-26 of the Administrative Code within thirty days of filing of a request for administrative hearing pursuant to Chapter 4901:2-13 of the Administrative Code.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.83, 4919.99, 4921.99, 4923.99
Rule Amplifies: 4905.83, 4919.99, 4921.99, 4923.99
Prior Effective Dates: 9/28/88 (Emer.), 12/23/88, 12/14/95
Parties to any hearing shall consist of respondent, the staff, and any parties permitted to intervene in accordance with rule 4901-1-11 of the Administrative Code.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4905.83
Prior Effective Dates: 9/28/88 (Emer.), 12/23/88
(A) Depositions will be permitted only upon agreement of all parties or motion granted by the commission, the legal director, the deputy legal director, or the attorney examiner assigned to the case, which leave shall not be unreasonably withheld.
(B) Any additional discovery shall be conducted in accordance with rules 4901-1-16 to 4901-1-24 of the Administrative Code.
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4905.83
Prior Effective Dates: 3/19/87, 9/28/88, 12/23/88
Unless otherwise ordered by the commission or agreed by the parties, an evidentiary hearing shall be scheduled within sixty days after the prehearing conference. The evidentiary hearing may consist of written stipulations, oral testimony, or such other evidence which is admitted. A final commission order shall be issued within ninety days of the conclusion of the evidentiary hearing unless otherwise ordered by the commission or agreed by the parties.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.83, 4919.99, 4921.99, 4923.99
Rule Amplifies: 4905.83, 4919.99, 4921.99, 4923.99
Prior Effective Dates: 9/28/88 (Emer.), 12/23/88, 10/28/90, 12/14/95
(A) During the evidentiary hearing, the staff must prove the occurrence of a violation by a preponderance of the evidence. A summary identifying violations upon which staff relies to establish a respondent’s history of violations shall constitute prima facie evidence of the occurrence of those violations.
(B) Any final order rendered as the result of a hearing or in accordance with paragraph (E) of rule 4901:2-7-11 of the Administrative Code, which finds the occurrence of a violation, or any final order concerning a violation rendered in accordance with paragraph (D) of rule 4901:2-7-14 of the Administrative Code, shall conclusively establish the occurrence of that violation in any future commission hearing involving the same respondent.
(C) If a notice of apparent violation has been served by staff concerning a violation, and no request for conference has been served by respondent within the time provided in this chapter, or, if a notice of preliminary determination has been served by the staff and no request for administrative hearing has been filed by respondent within the time provided in this chapter, and the violation has not otherwise been disposed of, the occurrence of the violation shall be conclusively established in any future commission hearing involving the same respondent.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.83, 4919.99, 4921.99, 4923.99
Rule Amplifies: 4905.83, 4919.99, 4921.99, 4923.99
Prior Effective Dates: 9/28/88 (Emer.), 12/23/88, 12/14/95
If justified by the evidence in any hearing, the commission may order payment of a forfeiture greater than, less than, or equal to the forfeiture requested in the notices. The commission is not restricted in the making of any compliance order by the order proposed in the notices, if another order is justified by the evidence.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.83, 4919.99, 4921.99, 4923.99
Rule Amplifies: 4905.83, 4919.99, 4921.99, 4923.99
Prior Effective Dates: 9/28/88 (Emer.), 12/23/88, 12/14/95
(A) Any forfeitures shall be paid by company check, certified check or money order made payable to “Treasurer, State of Ohio,” and shall be mailed or delivered to:
“Fiscal Division
Public Utilities Commission of Ohio
180 East Broad Street, Thirteenth Floor
Columbus, Ohio 43215-3793”
Any instrument of payment shall contain the identifying number of the violation for which payment is tendered. Payment is complete upon receipt by staff.
(B) If the only remedy requested with respect to a violation is the payment of a forfeiture, and full payment of the forfeiture demanded in the notice is made prior to the execution of a settlement agreement or any final commission order following service of a complaint, full payment shall terminate all further proceedings under this chapter regarding that violation. Full payment under these circumstances constitutes an admission of the occurrence of the violation for purposes of consideration of a respondent’s history of violations in determining the appropriate remedy for any future violation.
Effective: 10/22/2007
R.C. 119.032 review dates: 07/19/2007 and 05/31/2011
Promulgated Under: 111.15
Statutory Authority: 4905.83, 4919.99, 4921.99, 4923.99
Rule Amplifies: 4905.83, 4919.99, 4921.99, 4923.99
Prior Effective Dates: 9/28/88 (Emer.), 12/23/88, 12/14/95