Chapter 4901-5 Procedure in Motor Carrier Cases

4901-5-01 Definitions.

As used in this chapter:

(A) "Certificate" means a certificate of public convenience and necessity issued under Chapter 4921. of the Revised Code.

(B) "Certificated operator" means the holder of a certificate of public convenience and necessity.

Effective: 02/20/2010
R.C. 119.032 review dates: 11/27/2009 and 05/31/2014
Promulgated Under: 111.15
Statutory Authority: 4901.13 , 4921.04, 4923.03
Rule Amplifies: 4921.04, 4923.03
Prior Effective Dates: 3/1/1981, 8/17/2006

4901-5-02 Cancellation of certificates.

The public utilities commission of Ohio may, pursuant to the provisions of section 4921.10 or 4923.14 of the Revised Code, for good cause revoke, suspend, alter or amend any certificate issued by it.

Effective: 02/20/2010
R.C. 119.032 review dates: 11/27/2009 and 05/31/2014
Promulgated Under: 111.15
Statutory Authority: 4921.04
Rule Amplifies: 4921.10, 4923.14
Prior Effective Dates: 3/1/1981, 8/17/2006

4901-5-03 Citations.

(A) Citation order - Citations shall be commenced by the issuance of an order requiring the grantee to show cause why his certificate should not be revoked, altered or amended. Such order shall set forth the facts on which the citation is based. The citation order shall require the respondent to file a written answer within fifteen days of the effective date of the order. Such orders shall be served on the respondent by registered or certified mail. Acknowledgement of service shall be obtained in each case.

(B) Answer - The respondent must answer the order to show cause within fifteen days of its effective date. Such answer shall either admit or deny each separate allegation of the order to show cause. The answer shall state what corrections, if any, have been made of the practices complained of in the order to show cause. If an allegation is denied, the answer must set forth the facts upon which such denials are based.

(C) Hearing on citation - If a respondent fails to answer an order to show cause, the commission shall proceed to revoke authority. If an answer is filed by the respondent, the matter shall be promptly assigned for hearing unless the answer of the respondent is deemed to be satisfactory, in which event the order to show cause may be dismissed.

Effective: 02/20/2010
R.C. 119.032 review dates: 11/27/2009 and 05/31/2014
Promulgated Under: 111.15
Statutory Authority: 4921.04
Rule Amplifies: 4921.10, 4923.14
Prior Effective Dates: 3/1/1988, 1/2/1993, 8/17/2006

4901-5-04 Complaints.

All complaints filed against a motor transportation company under section 4905.26 of the Revised Code shall be governed by rule 4901-9-01 of the Administrative Code.

Replaces: 4901-5-12

Effective: 08/17/2006
R.C. 119.032 review dates: 11/27/2009 and 05/31/2014
Promulgated Under: 111.15
Statutory Authority: 4921.04
Rule Amplifies: 4905.26
Prior Effective Dates: 3/1/81

4901-5-05 Railroad complaints.

(A) Complaint and conference

(1) Complaints under sections 4905.04 and 4907.08 of the Revised Code shall be made in writing, setting forth briefly the facts alleged to constitute a violation of the Revised Code, Administrative Code, or commission order, or to support the promulgation of an order under section 4905.04 of the Revised Code. The name of the railroad or railroads complained against shall be stated in full and the address of the complainant and the name and address of complaint's attorney, if any, must appear upon the complaint.

(2) Two or more complaints involving the same principle, subject, or state of facts may be included in one complaint. One or more persons may join in one complaint against one or more railroads if the subject matter of the complaint involves substantially the same principle, subject, or state of facts.

(3) The complaint shall be mailed or delivered to: "Public Utilities Commission of Ohio, Railroad Division, 180 East Broad Street, Columbus, Ohio 43215-3893."

(4) The complaint shall aver that a reasonable but unsuccessful effort has been made by the parties to reach an amicable agreement. Such complaint shall be referred to the railroad division for an investigation and the preparation of a report. The railroad division shall serve copies of the report upon all parties in the case. The railroad division shall promptly proceed to hold a conference with the involved parties attempting an equitable satisfaction of the complaint without necessitating a formal hearing. The terms of the agreement arrived at through such an informal conference shall be reduced to writing and the matter would then be considered closed. Should the informal conference fail to bring about an agreement, the matter shall be docketed and assigned a formal case number.

(5) The commission will then formally serve another copy of the complaint upon each respondent with a notice to satisfy or answer the complaint.

(B) Answers

(1) Unless otherwise ordered by the commission, a railroad shall file its answer within twenty days from service of the complaint by the commission..

(2) The answer shall be filed with the commission and a copy served upon the complainant. The answer shall specifically admit or deny the material allegations of the complaint and may set forth the facts which will be relied upon to support any such denial. If a railroad satisfies the complaint before answering, such fact without other matter may be set forth in the answer. If the cause of the complaint is removed after the filing and service of an answer, but before hearing, the railroad shall forthwith advise the commission. The filing of an answer constitutes a waiver of all matters, other than jurisdiction, which could be objected to by motion. In case of a failure to answer without cause, the commission will take such proof of facts as it deems proper and will make such order as it deems appropriate in the premises.

(3) When a complaint is properly subject to objection by motion, such motion shall be made before or concurrent with filing an answer except any motion attacking the jurisdiction of the commission.

(C) Investigation report

(1) The written report and recommendation of this commission's railroad division, prepared in connection with the settlement conference, shall be filed with the docketing division if the complaint is filed.

(2) Not latter than fifteen days before the first day of hearing, either party to the complaint may file a written request that a supplemental investigation and report be made by the railroad division. The supplemental report shall be filed with the docketing division and served on the parties.

(3) Any party or the staff may request that either or both reports be received into evidence. Staff shall be made available at the hearing for examination concerning the reports.

(D) Orders to show cause

(1) If a complaint or a staff report of investigation indicates a violation of the Revised Code, Administrative Code, or of an order of the commission, the commission may issue an order to the railroad to show cause.

(2) A copy of such order shall be served by the commission upon each of the parties to such proceeding in such manner as the commission directs.

(E) Hearings

(1) Upon finding that reasonable grounds for complaint exist, the commission, the legal director, or the attorney examiner assigned to the case shall assign a time and place for hearing and cause reasonable notice to be given to all parties.

(2) The burden of proof in a complaint proceeding is on the complainant.

(3) Matters of practice and procedure not specifically covered by rules in this chapter shall be governed by the applicable provisions of Chapter 4901-1 of the Administrative Code.

(F) Designation of agent by railroad

Every railroad defined in sections 4907.02 and 4907.03 of the Revised Code shall designate an agent upon whom notices and papers required under this rule shall be served, and shall advise the commission, in writing, of the name and address of such agent.

Replaces: 4901-5-20

Effective: 08/17/2006
R.C. 119.032 review dates: 11/27/2009 and 05/31/2014
Promulgated Under: 111.15
Statutory Authority: 4905.04
Rule Amplifies: 4907.07 , 4907.08 , 4901.13
Prior Effective Dates: 3/1/81

4901-5-06 Complaints relating to dangerous crossings under section 4907.47 of the Revised Code.

(A) Complaints under section 4907.47 of the Revised Code relative to the adequacy of protective devices at a public highway grade crossing shall be made in writing and shall set forth:

(1) The name and location of the subject crossing.

(2) The name of each railroad which operates over the subject crossing.

(3) The name of the governmental unit which has jurisdiction over the public road at the subject crossing.

(4) An allegation that the crossing is dangerous together with a general statement as to the conditions which the complainant believes make the crossing dangerous within the meaning of section 4907.47 of the Revised Code.

(5) The address of the complainant and the name and address of the complainant's attorney, if any.

(B) Two or more persons having an interest in the outcome of the proceeding may join in one complaint. The commission may, on its own motion or the motion of any proper person, join as a party any railroad which operates over the subject crossing, or any governmental unit which has jurisdiction over the public road at the crossing, which was not included in the original complaint. The commission may, on its own motion or the motion of any proper person, dismiss the complaint insofar as it pertains to any railroad which does not operate over the subject crossing or any governmental unit which does not have jurisdiction over the public road at the crossing.

(C) The commission shall cause a copy of the complaint together with a notice to answer or otherwise plead within a specified period of time to be served by certified mail upon each railroad operating at the crossing. The commission shall also cause a copy of the complaint, and entry relating thereto, to be served upon each governmental unit having jurisdiction over the public road at the crossing. The commission shall serve all parties with notice of all hearings on the complaint. Said notice shall be made at least fifteen days prior to the date of hearing.

(D) Service of papers required by other provisions of this rule shall be made on the governmental units having control of the public roads at the subject crossings as follows:

(1) Township roads - on the clerk of the board of township trustees.

(2) County roads - on the clerk of the board of county commissioners.

(3) City streets - on the mayor of the city.

(4) State highways - on the director of the department of transportation.

In the event the public road at the subject crossing is under the jurisdiction of more than one governmental unit, all required service shall be made on the proper official of each governmental unit affected

(E) Upon receipt of the answer to such complaint or, in the event that the respondent railroad fails to file an answer within the time provided, immediately after the answer date, or, in the event a party to answer otherwise pleads, upon order of the commission, the railroad division of the commission shall cause an investigation to be made of the conditions existing at the subject crossing and thereafter shall submit to the commission a written report of its findings. The commission shall serve copies of such report upon all parties to the case.

(F) Matters of practice and procedure not specifically covered by this rule shall be governed by the applicable provisions of Chapter 4901-1 of the Administrative Code.

Replaces: 4901-5-21

Effective: 08/17/2006
R.C. 119.032 review dates: 11/27/2009 and 05/31/2014
Promulgated Under: 111.15
Statutory Authority: 4905.04
Rule Amplifies: 4907.47 , 4901.13
Prior Effective Dates: 3/1/81

4901-5-07 Railroad employee safety rules.

Complaints relating solely to the elimination of a dangerous and hazardous condition due to the growth of weeds and vegetation or insufficient or unsanitary drinking water and/or containers on locomotives and cabooses shall initially be handled under the informal procedure outlined in paragraph (A)(3) of rule 4901-5-05 of the Administrative Code.

Replaces: 4901-5-22

Effective: 08/17/2006
R.C. 119.032 review dates: 11/27/2009 and 05/31/2014
Promulgated Under: 111.15
Statutory Authority: 4905.04
Rule Amplifies: 4901.13 , 4905.04
Prior Effective Dates: 3/1/81, 9/22/84

4901-5-08 Reparation and damage claims.

Complaints filed under section 4907.57 of the Revised Code shall be accompanied by any supporting affidavits and exhibits. Blank forms of complaint will be furnished by the commission upon request.

Replaces: 4901-5-24

Effective: 08/17/2006
R.C. 119.032 review dates: 11/27/2009 and 05/31/2014
Promulgated Under: 111.15
Statutory Authority: 4905.04
Rule Amplifies: 4905.57 , 4901.13
Prior Effective Dates: 3/1/81

4901-5-09 Statement justifying rate change.

Whenever there is filed with the commission under section 4907.27 of the Revised Code a tariff schedule stating a new individual or joint rate or charge or any new individual or joint classification or any new individual or joint regulation or practice affecting any rate or charge, such schedule shall be accompanied by a concise statement setting forth, generally, the reasons prompting its filing.

Replaces: 4901-5-25

Effective: 08/17/2006
R.C. 119.032 review dates: 11/27/2009 and 05/31/2014
Promulgated Under: 111.15
Statutory Authority: 4905.04
Rule Amplifies: 4901.13 , 4907.03
Prior Effective Dates: 3/1/81

4901-5-10 Tariff suspensions.

(A) Suspension of a rate, charge, classification, regulation, or practice under section 4909.27 of the Revised Code will not ordinarily be made unless a request for suspension is filed with the public utilities commission at least ten days before the effective date fixed in the schedule.

(B) A request for suspension must reference the tariffs at issue by its Ohio or PUCO tariff number and must make specific reference to the parts thereof complained against, together with a brief statement of the grounds that justify the suspension. In such cases, a copy of the request for suspension shall be served upon all parties in accordance with rule 4901-1-05 of the Administrative Code.

Replaces: 4901-5-26

Effective: 08/17/2006
R.C. 119.032 review dates: 11/27/2009 and 05/31/2014
Promulgated Under: 111.15
Statutory Authority: 4905.04
Rule Amplifies: 4901.13 , 4909.27
Prior Effective Dates: 3/1/81

4901-5-11 [Rescinded].

Effective: 02/20/2010
R.C. 119.032 review dates: 11/27/2009
Promulgated Under: 111.15
Statutory Authority: 4905.04
Rule Amplifies: 4901.13 , 4921.09
Prior Effective Dates: 3/1/1981, 8/17/2006

4901-5-12 Transportation of waste products.

(A) Definition of waste.

(1) The term "waste," as used in this chapter, includes, but is not restricted to, industrial, commercial, and residential garbage, cesspool or septic tank cleanings, and any commodity or substance discarded by the owner thereof with the purpose of abandonment. "Waste" is not included in the term "property" as used in Chapters 4921. and 4923. of the Revised Code when defining transportation for hire subject to regulation by the commission.

(2) The term "waste" does not include industrial or commercial scrap or by-products transported for recycling, reclamation, or reuse in any form where the shipper retains an interest or title in the property.

(B) Transportation of waste.

The transportation of waste as defined in paragraph (A)(1)_of this rule is not subject to regulation by the commission.

(C) Transportation of valuable scrap or by-products.

The for-hire transportation of commodities or substances of the types described in paragraph (A)(2) of this rule is subject to the criteria established by law for obtaining a certificate of public convenience and necessity.

(D) Safety regulation of waste transportation.

Nothing in this rule shall exempt from safety regulation by the commission the transportation of waste by common, contract, or private carriage.

Replaces: 4901-5-30

Effective: 08/17/2006
R.C. 119.032 review dates: 11/27/2009 and 05/31/2014
Promulgated Under: 111.15
Statutory Authority: 4905.04
Rule Amplifies: 4921.04, 4923.03, 4923.20
Prior Effective Dates: 6/1/78, 3/1/81, 5/16, 81, 12/25/87

4901-5-13 Sanitary drinking water.

Every railroad operating in whole or in part within the state of Ohio shall equip each controlling locomotive and each caboose while in use in this state with sufficient sanitary drinking water and cups, or individual water containers. No water container shall be opened and placed in service without dating, be in use in excess of thirty days thereafter, or be used for any purpose other than holding sanitary water.

Replaces: 4901-5-31

Effective: 08/17/2006
R.C. 119.032 review dates: 11/27/2009 and 05/31/2014
Promulgated Under: 111.15
Statutory Authority: 4905.04
Rule Amplifies: 4905.04
Prior Effective Dates: 3/1/81, 9/22/84

4901-5-14 Publication of notice - abandonment. [Rescinded].

Rescinded eff 8-17-06

4901-5-15 Failure to operate. [Rescinded].

Rescinded eff 8-17-06

4901-5-16 Suspension. [Rescinded].

Rescinded eff 8-17-06

4901-5-17 Reinstatement. [Rescinded].

Rescinded eff 8-17-06

4901-5-18 Dual operations. [Rescinded].

Rescinded eff 8-17-06

4901-5-19 Operation over irregular routes. [Rescinded].

Rescinded eff 8-17-06

4901-5-20 Railroad complaints. [Rescinded].

Rescinded eff 8-17-06

4901-5-21 Complaints relating to dangerous crossings under section 4907.47 of the Revised Code. [Rescinded].

Rescinded eff 8-17-06

4901-5-22 Railroad employee safety rules. [Rescinded].

Rescinded eff 8-17-06

4901-5-23 Procedure to be followed by railroad companies operating in the state of Ohio when they propose to diminish but not abandon passenger train service. [Rescinded].

Rescinded eff 8-17-06

4901-5-24 Reparation and damage claims. [Rescinded].

Rescinded eff 8-17-06

4901-5-25 Statement justifying rate change. [Rescinded].

Rescinded eff 8-17-06

4901-5-26 Tariff suspensions. [Rescinded].

Rescinded eff 8-17-06

4901-5-27 The procedure to be followed in motor bus abandonment cases. [Rescinded].

Rescinded eff 8-17-06

4901-5-28 Establishment of commercial zones. [Rescinded].

Rescinded eff 8-17-06

4901-5-30 Transportation of waste products. [Rescinded].

Rescinded eff 8-17-06

4901-5-31 Sanitary drinking water. [Rescinded].

Rescinded eff 8-17-06

4901-5-32 Temporary authority. [Rescinded].

Rescinded eff 8-17-06