5501:2-8-09 Loss of eligibility.

(A) The operator of any eligible attraction for which an advertising agreement is in effect under rule 5501:2-8-05 of the Administrative Code shall immediately forward the advertising agreement to the program manager for cancellation if the eligible attraction ceases to be such an attraction.

(B) The director, when having reasonable cause to believe that an eligible attraction for which an advertising agreement is in effect has ceased to be such an attraction, shall immediately and without conducting an adjudication, issue an order canceling the advertising agreement and forward notice of the cancellation in writing to the operator of the attraction together with information that cancellation may be appealed in accordance with section 119.02 of the Revised Code and rule 5501:2-8-10 of the Administrative Code. If no appeal is entered within the time period specified in that section, or if an appeal is entered but cancellation of the advertising agreement subsequently is affirmed, the director shall order the removal of the signs relating to the former eligible attraction.

(C) The program manager, when having reasonable cause to believe that an eligible attraction for which an advertising agreement is in effect has ceased to be such an attraction, shall immediately notify the director in writing of that fact. Upon receipt of the notice,- the director shall proceed in accordance with paragraph (B) of this rule.

(D) At the end of their business season, eligible attractions not open year round shall have a panel with the word "closed" placed on their sign(s) by the program manager.

(1) Eligible attractions for which no tourist oriented directional signs are displayed on an intersection leg due to insufficient space,- shall not have tourist oriented directional signs displayed during the off-season of an eligible attraction for which signs are displayed.

(2) It shall be the responsibility of the eligible attraction to notify the program manager to install the "closed" panel on their tourist oriented directional signs at the beginning of a closed period and to remove the panel at the beginning of the open season.

(3) If an eligible attraction is closed for more than two weeks during the normal business season, a panel with the word "closed" shall be placed on the sign(s). It shall be the responsibility of the eligible attraction to notify the program manager of any such closure.

(4) It shall be the responsibility of the program manager to monitor seasonal eligible attractions to make sure their signs are properly displayed.

(E) Once the maximum number of eligible attractions are participating in the tourist oriented directional signing program on an intersection leg, and an additional eligible attraction, located closure to the intersection, on the same intersection leg, enters into an advertising agreement to participate in the program, the farthest participating eligible attraction will no longer qualify for tourist oriented directional signs on that intersection leg. The tourist oriented directional sign panel for this eligible attraction shall be removed only after it has been displayed for not less than two years from the date of initial installation.

(F) For those situations described in paragraph (I) of rule 5501:2-8-06 of the Administrative Code, the following applies until the approach has four attractions signed in the given direction. If a new eligible attraction is developed in the direction with the fewest existing eligible attractions, or a non-participating tourist oriented activity applies for the program and is determined to be an eligible attraction, this new eligible attraction shall be displayed on the appropriate sign assembly by replacing the farthest eligible attraction in the opposite direction. The eligible attraction in the opposite direction that is the farthest from the intersection shall have its tourist oriented directional sign removed only after it has been displayed for not less than two years from the date of initial installation.

R.C. 119.032 review dates: 08/09/2007 and 08/09/2012

Promulgated Under: 119.03

Statutory Authority: 4511.103

Rule Amplifies: 4511.102, 4511.103, 4511.104, 4511.105, 4511.106, 4511.107

Prior Effective Dates: 5/29/95, 11/24/97