4901:2-7-06 Amount of forfeiture.

(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