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Ohio Revised Code Search

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Broadcast Educational Media Commission
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Section 4913.20 | Factors to be considered.

...chnical committee, the public utilities commission, and the commission staff, as applicable, shall consider the following factors, as they apply: (A) The person's demonstrated history of one-call, design, and excavation practices, including the following: (1) The number of locate requests received and responded to; (2) The number of locates completed; (3) The number of one calls placed; (4) The number of excavat...

Section 4913.21 | Imposition of recommendations.

... the Revised Code, the public utilities commission shall impose every recommendation made under section 4913.15 or 4913.16 of the Revised Code by the underground technical committee.

Section 4913.22 | Payment of fine; compliance with penalty.

...A person subject to a fine imposed under section 4913.171, 4913.19, or 4913.21 of the Revised Code or division (C)(2) of section 4913.16 of the Revised Code shall pay the fine not later than sixty days after the fine or penalty is imposed. A person subject to a penalty imposed under any of those sections or that division shall begin compliance with the penalty not later than thirty days after the penalty is imposed.

Section 4913.23 | Notice.

...The public utilities commission shall, by letter, promptly notify the person that requested the inquiry and the person responsible for the compliance failure of any fine or penalty imposed under section 4913.171, 4913.19, or 4913.21 of the Revised Code or division (C)(2) of section 4913.16 of the Revised Code, or of a no-enforcement determination under section 4913.15 or 4913.19 of the Revised Code or division (A)(1)...

Section 4913.25 | Application for reconsideration.

...n application with the public utilities commission for reconsideration of the committee's finding. The application for reconsideration must state with particularity the grounds for reconsideration. (B) Upon the filing of an application for reconsideration under this section, the commission shall formally review the finding of the committee. (C) The commission may hold a hearing on the application for reconsideratio...

Section 4913.251 | Reconsideration order; appeal.

...A reconsideration order issued under section 4913.25 of the Revised Code is subject to the rehearing and appeal process under Chapter 4903. of the Revised Code.

Section 4913.252 | Hearings.

...rings conducted by the public utilities commission under this chapter and under the process described in section 4913.251 of the Revised Code shall be conducted in a manner consistent with Chapter 4903. of the Revised Code.

Section 4913.26 | Confidentiality.

...nd by the rules of the public utilities commission governing discovery in matters pending before it.

Section 4913.27 | Disposition of fines.

... the Revised Code, the public utilities commission shall deposit all fines collected under this chapter into the underground facilities protection fund created under section 4913.29 of the Revised Code.

Section 4913.29 | Underground facilities protection fund.

...There is hereby created in the state treasury the underground facilities protection fund. The fund shall consist of all fines collected under this chapter, except for safety registrations and fines collected under section 4913.03 of the Revised Code. The fund shall retain the interest earned. The amounts in the fund shall be used solely to fund grants under section 4913.31 of the Revised Code.

Section 4913.30 | Underground facilities protection administrative fund.

...be administered by the public utilities commission. The fund shall consist of all safety registrations and fines collected under section 4913.03 of the Revised Code. The fund shall retain the interest earned. The amounts in the fund shall be used for the operation of the underground technical committee, created under section 3781.34 of the Revised Code, and the commission in the performance of its duties under this c...

Section 4913.31 | Underground utility damage prevention grant program.

...(A) The public utilities commission may administer an underground utility damage prevention grant program to provide grants for any of the following purposes: (1) Public awareness programs established by a protection service; (2) Training and education programs for excavators, operators, designers, persons who locate underground utility facilities, or other persons; (3) Programs providing incentives for excavators...

Section 4913.43 | Annual report.

...The public utilities commission shall submit to the general assembly an annual report of the previous year's activities under this chapter. Each report shall be submitted on or before April 1. Each report shall be made publicly available on the commission's web site.

Section 4913.45 | Rules to carry out chapter.

...(A) The public utilities commission shall, in consultation with the underground technical committee, adopt rules under section 111.15 of the Revised Code to carry out this chapter. The rules shall include all of the following: (1) Guidelines for consistent application of fines and penalties under this chapter; (2) Tracking compliance of persons on whom fines or penalties have been imposed under this chapter; (3) T...

Section 4913.47 | Multiple fines for same failure.

...Notwithstanding any provision of the Revised Code to the contrary, if a person is subject to more than one fine for the same compliance failure, and one fine is imposed under this chapter and one or more other fines are imposed under federal law, rules, or regulations, the person shall not be required to pay the fine imposed under this chapter.

Section 4913.50 | Civil actions.

...ee, no decision of the public utilities commission under this chapter, and no no-enforcement determination under this chapter shall be determinative of civil liability in a private cause of action for personal injury or property damage.

Section 4913.52 | Permittee for excavation.

...A person with a permit for excavation from the state or a local governmental unit is subject to this chapter. This chapter does not affect or impair local ordinances, charters, or other provisions of law requiring permits to be obtained before excavating.

Section 4981.01 | Rail development commission definitions.

...county transit board, a board of county commissioners operating a county transit system, a regional transit authority, a regional transit commission, or any other local or regional transportation authority or agency. (F) "Qualifying subdivision" means a county, township, or municipal corporation in this state that is levying a tax for the purpose of acquiring, rehabilitating, or developing rail service or rail prope...

Section 4981.02 | Ohio rail development commission.

...ereby created the Ohio rail development commission, as an independent agency of the state within the department of transportation, consisting of the following members: (1) Two members of the Ohio senate, one of whom shall be appointed by and serve at the pleasure of the president of the senate and one of whom shall be appointed by and serve at the pleasure of the minority leader of the senate; (2) Two members of ...

Section 4981.03 | Duties of rail development commission.

...(A) The Ohio rail development commission shall do all of the following: (1) Develop, promote, and support safe, adequate, and efficient rail service throughout the state; (2) Maintain adequate programs of investigation, research, promotion, planning, and development for rail service, which programs shall include the consideration of recommendations by public or private planning organizations; (3) Provide for the p...

Section 4981.031 | Applying for federal loans.

...(A) The Ohio rail development commission or the department of transportation, on behalf of the commission, may apply for and receive from the United States government loans and grants in accordance with any federal law or program concerning rail transportation. (B) It is hereby found and determined that rail transportation is an essential and indispensable part of the commerce and industry of the state and is of vi...

Section 4981.032 | Issuing grants and loans.

...The Ohio rail development commission may issue grants and loans to any transportation authority or to any person for the purpose of continuing or instituting rail transportation in the state. The grants and loans may be used for rehabilitation, construction, planning, relocation, or acquisition of rail transportation or rail property, or for substitute service. The grants and loans may be provided by the commission w...

Section 4981.033 | Indemnification - liability insurance coverage.

...(A) Notwithstanding section 4961.37 of the Revised Code, a railroad company, public agency, or other person operating passenger rail service on a right-of-way owned by another shall indemnify and hold harmless the owner, user, or other rights holder for liability for any damages arising out of passenger operations conducted by or on behalf of the railroad company, public agency, or other person operating passenger ra...

Section 4981.04 | Plan for construction and operation of intercity conventional or high speed passenger transportation system.

...(A) The Ohio rail development commission shall prepare a plan for the construction and operation of an intercity conventional or high speed passenger transportation system in this state. The system shall be constructed and operated by the commission or its designees. The plan for construction and operation shall be based on existing studies, and shall state that the system will connect any points in Ohio and nearby s...

Section 4981.05 | Application for loans or other assistance.

...(A) Any local or regional transportation authority may apply for a rail service continuation subsidy, acquisition or modernization loan, or any other assistance provided by the Regional Rail Reorganization Act for the purpose of providing any rail service that is consistent with rail service provided under this chapter. Any local or regional transportation authority may exercise, or may be created to exercise, such a...

Section 713.14 | Effect of zoning regulations.

...Sections 713.06 to 713.12, inclusive, of the Revised Code do not repeal, reduce, or modify any power granted by law or charter to any municipal corporation or the legislative authority thereof, or impair or restrict the power of any municipal corporation under Article XVIII of the Ohio Constitution. And where a new municipal corporation is created out of the territory of a county or township or any part thereof in wh...

Section 713.15 | Nonconforming uses.

...The lawful use of any dwelling, building, or structure and of any land or premises, as existing and lawful at the time of enacting a zoning ordinance or an amendment to the ordinance, may be continued, although such use does not conform with the provisions of such ordinance or amendment, but if any such nonconforming use is voluntarily discontinued for two years or more, or for a period of not less than six months bu...

Section 713.16 | Claim preclusion and zoning appeals.

...A final judgment on the merits issued by a court of competent jurisdiction pursuant to its power of review under Chapter 2506. of the Revised Code, on claims brought under this chapter, does not preclude later claims for damages, including claims brought under 42 U.S.C. 1983, even if the common law doctrine of res judicata would otherwise bar the claim. The general assembly intends that this section be construed to...

Section 713.21 | Regional planning commission.

...(A) The planning commission of any municipal corporation or group of municipal corporations, any board of township trustees, and the board of county commissioners of any county in which the municipal corporation or group of municipal corporations is located or of any adjoining county may cooperate in the creation of a regional planning commission, for any region defined as agreed upon by the planning commissions and ...

Section 713.22 | County planning commission.

...(A) The board of county commissioners of any county may, and on petition of the planning commissions of a majority of the municipal corporations in the county having those planning commissions shall, provide for the organization and maintenance of a county planning commission. A county planning commission shall consist of the members of the board of county commissioners, or their alternates designated in accordance w...

Section 713.23 | Regional or county planning commission - powers and duties.

...esearch with other government agencies, educational institutions, and private organizations; (4) Contracting with and providing planning assistance to other units of local government, councils of governments, planning commissions, and joint planning councils; coordinating the planning with neighboring planning areas; cooperating with the state and federal governments in coordinating planning activities and programs ...

Section 713.231 | Joint planning councils - organization.

...Any regional or county planning commission may by agreement join with other regional or county planning commissions to create a joint planning council after approval by at least a majority of the legislative authorities of the municipal corporations participating in the commission and by the participating board or boards of county commissioners. The agreement shall specify the various powers and duties of regional o...

Section 713.24 | Certified copies of plans to each municipal corporation.

... the county or regional plan shall be immediately certified to such planning commission.

Section 713.25 | Effect of adoption of plans.

...The planning commission of any municipal corporation to which a regional or county plan is certified under section 713.24 of the Revised Code, may adopt such plan, and it shall thereupon have the same force within such municipal corporation as is provided by law or charter for plans prepared and adopted by the local planning commission. The board of county commissioners may adopt such plan so far as it relates to non...

Section 713.26 | County engineer shall assist commission.

...for which a regional or county planning commission has been organized, shall give such assistance to the commission, within the scope of his resources and without interference with his regular duties, as is requested by it.

Section 713.27 | Plans to be filed with county recorder.

...onal plan is adopted by a city planning commission or the board of county commissioners, the fact of such adoption shall be certified by the adopting authority to the regional or county planning commission, as the case may be. Thereupon such regional or county commission shall deposit a copy of so much of the regional or county plan as is affected by such adoption in the office of the county recorder. If such plan sh...

Section 713.30 | Interstate regional planning commission.

...Any board of county commissioners and the legislative authority of a municipality may cooperate with other such boards or authorities of this state and of any adjoining state to create by agreement an interstate regional planning commission, whenever such subdivisions comprise a region which would benefit from cooperative governmental planning. An interstate regional planning commission may also be created by compac...

Section 713.31 | Members - costs.

...bers of an interstate regional planning commission, the method of their appointment, and the proportion of the costs to be borne respectively by the various counties and municipal corporations in the region in creating the commission shall be determined by such counties and municipal corporations.

Section 713.32 | Compatibility of offices.

...mber of an interstate regional planning commission may hold any other public office, appointive or elective, and may serve as a member of a city, village, or county planning commission, except as otherwise provided in the charter of the city or village. Members of the commission shall serve without compensation, but may be reimbursed for expenses incurred in pursuit of their duties on the commission. The commission s...

Section 713.33 | Powers and duties.

...(A) An interstate regional planning commission may make studies, maps, plans, and other reports relative to the region and shall recommend procedures and policies to the appropriate authorities, based on physical, social, economic, and governmental conditions and trends, to promote the coordinated development of the region and the general health, welfare, convenience, and prosperity of the people of the region. Such ...

Section 713.34 | Administration.

...An interstate regional planning commission may accept and use funds, grants, and services from the federal government or its agencies, from departments, agencies, and instrumentalities of this state or any adjoining state, and from any county, municipal corporation, or other political subdivision of this or any adjoining state, including a county, regional, municipal, or other planning commission of this or any adjoi...

Section 747.01 | Board of rapid transit commissioners.

...member of such board, the mayor shall immediately appoint a successor to fill the vacancy for the unexpired term. The mayor, with the approval of the legislative authority, may remove any commissioner upon charges and specifications of malfeasance or nonfeasance in office preferred by the mayor. A copy of such charges and specifications shall be furnished the commissioner accused, and the accused commissioner shall...

Section 747.02 | Organization of board - rules and regulations.

...The board of rapid transit commissioners shall elect one of its members president and another vice-president, who in the absence or disability of the president shall perform his duties. The board shall make its own rules, but its meetings shall be open to the public and all questions acted upon shall be decided by a yea and nay vote, with the name of each member voting recorded on the journal, and no question shall b...

Section 747.03 | Employment of clerks, engineers, and superintendents - duties.

...The board of rapid transit commissioners may employ clerks, engineers, superintendents, real estate experts, attorneys, and such other employees as are necessary. The chief engineer of the subdepartment of engineering of the department of public service may be employed as the chief engineer of the board and receive compensation in addition to that paid him as chief engineer of the subdepartment. The duties performed...

Section 747.04 | Control of construction and maintenance - parkways.

...The board of rapid transit commissioners shall have control and management of the construction of a rapid transit railway system, in, through, under, or upon any lands, including canal lands or parts thereof, together with the streets, alleys, and public ways outside of such canal lands, whether within or without the limits of the city, and of depots and terminals for interurban, suburban, street, and other electric ...

Section 747.05 | Control and expenditure of funds - contracts for work.

...The board of rapid transit commissioners shall have control of the expenditure of all moneys appropriated by the legislative authority of the city, received from the sale of bonds provided for in sections 747.01 to 747.13 of the Revised Code, or from any other source, for the purchase, construction, improvement, maintenance, equipment, or enjoyment of all such rapid transit property, but no liability shall be i...

Section 747.06 | Assessment against property owners for construction of boulevard or parkway - limitations.

...The board of rapid transit commissioners may assess upon the abutting, adjacent, contiguous, or other specially benefited lots or lands in a city fifty per cent of the entire cost or expense connected with the construction of any boulevard or parkway authorized by sections 747.01 to 747.13, inclusive, of the Revised Code. The proceedings by such board for the levying and collecting of any special assessments, includi...

Section 747.07 | Issue of bonds - maximum issue without vote.

... expenses of the board of rapid transit commissioners and include the cost of such preliminary expenses as part of the cost of the rapid transit system for which bonds may be issued. No bonds shall be issued for any rapid transit system in excess of one hundred fifty thousand dollars without a vote of the people, and the total bonds issued by any city for a rapid transit system shall not exceed two per cent of...

Section 747.08 | Application of proceeds from sale of bonds.

...y be used by the board of rapid transit commissioners for the construction in, through, on, over, upon, or under any canal lands or property leased by the city from this state, or any lands, right of ways, or property outside of such canal lands, whether within or without the city, of depots and terminals for interurban, suburban, rapid transit, or street electric railways, or for the construction of interurban, subu...

Section 747.09 | Acquiring or appropriating property.

...The board of rapid transit commissioners may acquire by purchase or appropriate, enter upon, and hold any real estate or easement, partial or otherwise, therein, thereon, thereunder, or thereover, or any interest therein, both within and without the limits of the city, which it deems necessary for the purposes specified in section 747.08 of the Revised Code, and in the manner provided by sections 163.01 to 163.22, in...