(A) For purposes of this rule, service
upon staff includes ordinary or certified United States mail, facsimile
transmission, or electronic mail. Service upon a for-hire motor carrier
includes ordinary or certified United States mail, facsimile transmission, or
electronic mail if the for-hire motor carrier to be served has consented to
receive service by electronic mail in the certificate application.
(B) A certificate shall be suspended if a
for-hire motor carrier does any of the following:
(1) Fails to meet the
annual update requirements of rule 4901:2-21-06 of the Administrative
Code.
(2) Fails to maintain
accurate and current business information with the commission
(3) Fails to maintain
proper proof of insurance or proper levels of insurance pursuant to Chapter
4901:2-13 of the Administrative Code.
(4) Fails to pay all
applicable taxes and fees.
(5) Is in default on any
civil forfeitures imposed pursuant to section 4923.99 of the Revised
Code.
(C) If a for-hire motor carrier's
certificate is subject to suspension pursuant to paragraph (B) of this rule,
the staff shall serve upon the for-hire motor carrier a notice that its
certificate has been suspended and that all intrastate operations must cease
immediately. The notice includes the nature of the deficiency prompting the
suspension, the means by which the deficiency may be remedied, and instructions
regarding the manner in which the respondent may serve a response upon the
staff. The notice also informs the for-hire motor carrier that its certificate
may be subject to revocation if it fails to correct the deficiency within sixty
days from the date of the notice.
(D) A for-hire motor carrier upon whom a
notice described in paragraph (C) of this rule has been served may serve a
response upon the staff within sixty days of service of the notice. The
response should 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.
(E) If the response served pursuant to
paragraph (D) of this rule demonstrates to the satisfaction of the staff that
the deficiency has been remedied, the for-hire motor carrier's certificate
may be reinstated and the staff should serve upon the for-hire motor carrier a
notice indicating that its operations may be resumed. If the staff denies
reinstatement of the for-hire motor carrier's certificate, the for-hire
motor carrier may file a petition and request for hearing with the commission
for reinstatement of its certificate.
(F) A for-hire motor carrier may request
that its certificate be temporarily suspended by serving such request including
the effective date of the suspension, upon the staff. Upon receipt of the
request, the staff should serve upon the for-hire motor carrier a notice that
its certificate has been suspended per its request and that all intrastate
operations must cease as of the effective date of the suspension. The notice
should inform the for-hire motor carrier that the suspension is limited to one
hundred eighty days from the effective date of the suspension and that its
certificate shall be subject to revocation if the for-hire motor carrier does
not serve upon staff, prior to the expiration of the one hundred eighty day
period, a request to have its certificate reinstated.
(G) Upon receipt of a request from a
for-hire motor carrier to reinstate its certificate suspended pursuant to
paragraph (F) of this rule, the staff should serve upon the for-hire motor
carrier a notice indicating that its operations may be resumed.
(H) If a for-hire motor carrier that has
had its certificate suspended pursuant to this rule fails to take the required
action to have its certificate reinstated, the commission may revoke its
certificate pursuant to the provisions of rule 4901-5-03 of the Administrative
Code.
