4901:2-7-12 Notice of preliminary determination.

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