Chapter 4901:2-23

4901:2-23-01 Definitions.

(A) "Applicant" means an entity who submits to the commission the required application forms necessary to receive a transportation network company permit.

(B) "Commission" means the public utilities commission of Ohio.

(C) "Permit" means a transportation network company permit.

(D) "Respondent" means a transportation network company upon whom an order to show cause or a notice of deficiency has been served.

(E) "Staff" means employees of the transportation department of the commission.

(F) "Transportation network company" has the same meaning as in section 3942.01 of the Revised Code.



Effective: 5/23/2019
Five Year Review (FYR) Dates: 05/13/2024
Promulgated Under: 119.03
Statutory Authority: R.C. 4925.02(C)
Rule Amplifies: 4925.02 , 4925.03, 4925.04, 4925.05, 4925.06, 4925.07, 4925.08

4901:2-23-02 Purpose and scope.

(A) This chapter governs the permitting of transportation network companies operating with this state, and implements the requirement of Chapter 4925. of the Revised Code.

(B) The commission may, upon application or upon a motion filed by a party, waive any requirement of this chapter, for good cause shown, other than a requirement mandated by statute from which no waiver is permitted.



Effective: 5/23/2019
Five Year Review (FYR) Dates: 05/13/2024
Promulgated Under: 119.03
Statutory Authority: R.C. 4925.02(C)
Rule Amplifies: 4925.02 , 4925.03, 4925.04, 2925.05, 4925.06, 4925.07, 4925.08

4901:2-23-03 Permitting of transportation network companies.

(A) No transportation network company may operate within this state unless such transportation network company possesses a current and valid permit issued by the commission pursuant to this chapter.

(B) To obtain a permit from the commission, an applicant must make payment of the application fee, submit a complete and accurate application form containing the affirmations required by section 4925.02 of the Revised Code, and provide the following: the name, address, telephone number and e-mail address of the applicant's Ohio point of contact and authorized statutory agent; an explanation of how the transportation network company complies with the insurance requirements outlined in sections 3942.02 to 3942.04 of the Revised Code, including non-expired certificate of insurance if the insurance policy is maintained by the transportation network company rather than the transportation network company driver; and any other information deemed necessary by the commission. Application forms shall be posted on the commission's website.



Effective: 5/23/2019
Five Year Review (FYR) Dates: 05/13/2024
Promulgated Under: 119.03
Statutory Authority: R.C. 4925.02(C)
Rule Amplifies: 4925.02 , 4925.03, 4925.04, 4925.05, 4925.06, 4925.07, 4925.08

4901:2-23-04 Supplementation of information.

(A) Upon a request from the staff, an applicant shall provide, within fifteen days, or within a longer time period if agreed to by the staff, any additional information necessary for the processing of an application for a permit or renewal of a permit. Failure to respond to a request for additional information within this time frame will result in the application being rejected and will necessitate the filing of a new complete application.

(B) A transportation network company that has obtained a permit shall notify the staff within fifteen days of any changes to the information contained in its most recent application.



Effective: 5/23/2019
Five Year Review (FYR) Dates: 05/13/2024
Promulgated Under: 119.03
Statutory Authority: R.C. 4925.02(C)
Rule Amplifies: 4925.02 , 4925.03, 4925.04, 4925.05, 4925.06, 4925.07, 4925.08

4901:2-23-05 Transportation network company permit.

(A) Following receipt of a completed application form submitted by an applicant pursuant to rule 4901:2-23-03 of the Administrative Code, the staff shall issue a permit, provided that the applicant:

(1) Has affirmed that it will maintain compliance with the applicable requirements established under sections 4925.03 to 4925.08 of the Revised Code and with the rules adopted under this chapter; and

(2) Has paid the permit fee in the amount specified under section 4925.02 of the Revised Code.

(B) A permit issued pursuant to this chapter is effective for one year commencing on the date of issuance.

(C) No less than thirty days, and no more than sixty days prior to the expiration date of its permit, a transportation network company shall submit a permit renewal application form that is substantially the same as the application form prescribed under rule 4901:2-23-03 of the Administrative Code. Renewal application forms shall be posted on the commission's website. Following receipt of a completed renewal application form, the staff shall issue a renewed permit provided that the applicant:

(1) Has affirmed that it will maintain compliance with the applicable requirements established under sections 4925.03 to 4925.08 of the Revised Code and with the rules adopted under this chapter; and

(2) Has paid the permit fee in the amount specified under section 4925.02 of the Revised Code.

(D) If the staff does not act upon an application submitted pursuant to paragraph (A) or (C) of this rule, within thirty days of submission, the application shall be deemed automatically approved on the thirty-first day after the official filing date.

(E) If the staff denies issuance of a permit, or renewal of a permit, for failure of the applicant to meet the requirements of paragraph (A) or (C) of this rule, staff may serve a "letter of staff determination" upon the applicant. The letter shall contain a brief explanation for the denial and instructions regarding the manner in which the applicant may serve a timely request for an administrative hearing to contest the denial.

(F) Within thirty days following service by staff of a letter of staff determination, the applicant may file a "request for administrative hearing" with the commission's docketing division in order to contest the denial. The request for administrative hearing shall be in writing and shall contain the name, address, and telephone number of the applicant. The request for administrative hearing shall be signed by an authorized representative of the applicant. A copy of the letter of staff determination shall be attached tot he request for administrative hearing. All hearings shall be conducted consistent with rule 4901:2-7-16 of the Administrative Code.

(G) If a permit renewal application submitted pursuant to paragraph (C) of this rule is submitted fewer than thirty days prior to the expiration date of the permit, or after the expiration date of the permit, the applicant may file a motion with the commission to extend its previous permit during the pendency of staff's review of the permit renewal application.

(H) No transportation network company may transfer its permit to another entity without prior approval from the staff.



Effective: 5/23/2019
Five Year Review (FYR) Dates: 05/13/2024
Promulgated Under: 119.03
Statutory Authority: R.C. 4925.02(C)
Rule Amplifies: 4925.02 , 4925.03, 4925.04, 4925.05, 4925.06, 4925.07, 4925.08

4901:2-23-06 Examinations.

(A) Authorized employees of the commission's transportation department may examine any records, documents, or property of transportation network companies for the purpose of assessing its compliance with the provisions of sections 4925.03 to 4925.08 of the Revised Code and with the rules adopted under this chapter.

(B) Transportation network companies shall provide authorized employees of the commission's transportation department with reasonably expeditious access to employees, records, documents, or property as necessary to conduct an examination pursuant to paragraph (A) of this rule. Any information sought to be reviewed by the commission must be accessible and available for review in Ohio, unless otherwise ordered by the commission.

(C) Each transportation network company shall maintain all records and data for two years after the date the services are provided that are sufficient to demonstrate compliance with the requirements of sections 4925.03 to 4925.08 of the Revised Code, rules adopted under this chapter, and support any investigation of customer complaints.



Effective: 5/23/2019
Five Year Review (FYR) Dates: 05/13/2024
Promulgated Under: 119.03
Statutory Authority: R.C. 4925.02(C)
Rule Amplifies: 4925.02 , 4925.03, 4925.04, 4925.05, 4925.06, 4925.07, 4925.08

4901:2-23-07 Standards and proceedings for the suspension or revocation of a transportation network permit.

(A) No transportation network company may operate in this state if the commission has suspended or revoked the permit of such transportation network company.

(B) The commission may, suspend or revoke the permit issued to a transportation network company if the commission determines that the transportation network company:

(1) Knowingly omitted from, or knowingly provided false information on, and application for a permit.

(2) Failed to maintain accurate and current business information with the commission.

(3) Failed to maintain compliance with the applicable requirements established under sections 4925.03 to 4925.08 of the Revised Code and with the rules adopted under this chapter.

(C) A proceeding to suspend or revoke the permit of a transportation network company shall be initiated by the filing of a staff report recommending the actions to be taken by the commission. The staff report shall be served upon the transportation network company by ordinary or certified United States mail.

(D) Upon the filing of a staff report as described in paragraph (C) of this rule, the commission shall order the respondent to show cause why the commission should not adopt the staff's recommendations as its order. The order shall require the respondent to file a written answer within fifteen days of the effective date of the order. The order shall be served upon the respondent by ordinary or certified United States mail.

(E) A respondent upon whom an order described in paragraph (D) of this rule has been served must answer the order to show cause within fifteen days of its effective date. This response shall be in writing and shall contain a detailed statement indicating why the actions recommended by staff may be unjustified, mitigating circumstances or subsequent remedial measure undertaken in regards to the issues raised in the staff report, and any other information relevant to the proposed actions.

(F) If a respondent fails to answer the order to show cause as described in paragraph (D) of this rule, the commission may issue an order adopting the staff's recommendations and/or issue any other orders the commission deems necessary. If an answer is filed by the respondent, the matter shall be 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. Such hearing shall be conducted in accordance with Chapter 4901-1 of the Administrative Code.



Effective: 5/23/2019
Five Year Review (FYR) Dates: 05/13/2024
Promulgated Under: 119.03
Statutory Authority: R.C. 4925.02(C)
Rule Amplifies: 4925.02 , 4925.03, 4925.04, 4925.05, 4925.06, 4925.07, 4925.08