4901:2-7-10 Request for conference.

(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