4901:2-6-09 Notices of deficiency and alternative dispute resolution.

(A) The staff may issue a "notice of deficiency" to a respondent before it files a staff report pursuant to rule 4901:2-6-08 of the Administrative Code. The notice shall indicate the nature of the deficiencies prompting the notice, instructions regarding the manner in which the respondent may serve a response upon the staff, and a statement of the actions that the commission may take if the respondent fails to remedy the deficiencies raised in the notice. The notice shall be served upon the respondent by ordinary United States mail, facsimile transmission, or electronic mail if the respondent to be served has consented to receive service by electronic mail.

(B) A respondent upon whom a "notice of deficiency" has been served may serve a response upon the staff within thirty days of service of the notice. The response shall be in writing and shall contain a detailed statement indicating why the issuance of the notice may be unjustified, mitigating circumstances or subsequent remedial measures undertaken in regards to the issues raised in the notice, and any other information relevant to the issues raised in the notice. The response shall be served upon the staff by ordinary United States mail, facsimile transmission, or electronic mail.

(C) If the response filed under paragraph (B) of this rule demonstrates to the satisfaction of the staff that the causes for the issuance of the "notice of deficiency" have been remedied, the staff shall rescind the notice and notify the respondent in writing.

(D) No offers of settlement or statements made during discussions of settlement in regards to a "notice of deficiency," or a response to any such notice served upon the staff, shall be admissible in any subsequent evidentiary hearing regarding the subject matter of such a notice or response.

(E) The purpose of this rule is to provide an alternative dispute resolution process. A determination by the staff to issue or not to issue a "notice of deficiency" shall not in any way prejudice the right of the commission to suspend or revoke the uniform program permit of a carrier, or order the suspension of the transportation of hazardous materials into, within, or through this state by a carrier issued a uniform program permit by a reciprocity state.

Replaces: 4901:2-6-13

Effective: 07/18/2013
R.C. 119.032 review dates: 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4905.81 , 4921.15
Rule Amplifies: 4921.15
Prior Effective Dates: 10/13/94, 9/27/10