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Ohio Revised Code Search

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Section 4905.09 | Substantial compliance.

... compliance by the public utilities commission with the requirements of Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4927. of the Revised Code is sufficient to give effect to all its rules and orders. Those rules and orders shall not be declared inoperative, illegal, or void for an omission of a technical nature. And, those chapters do not affect, modify, or repeal any law fixing the rate that ...

Section 4905.10 | Assessment for expenses.

...d administering the public utilities commission and exercising its supervision and jurisdiction over the railroads and public utilities of this state, an amount equivalent to the appropriation from the public utilities fund created under division (B) of this section to the public utilities commission for railroad and public utilities regulation in each fiscal year shall be apportioned among and assessed against each...

Section 4905.12 | Forfeiture.

...A railroad company that violates section 4905.10, 4907.13, or 4907.15 of the Revised Code shall forfeit to the state one thousand dollars, and twenty-five dollars for each day the company fails to comply with a requirement of any such section. The forfeiture does not release the company from the assessment provided in section 4905.10 of the Revised Code.

Section 4905.13 | System of accounts for public utilities.

...The public utilities commission may establish a system of accounts to be kept by public utilities or railroads, including municipally owned or operated public utilities, or may classify said public utilities or railroads and establish a system of accounts for each class, and may prescribe the manner in which such accounts shall be kept. Such system shall, when practicable, conform to the system prescribed by the depa...

Section 4905.14 | Annual report.

...ual report with the public utilities commission. The report shall be filed at the time and in the form prescribed by the commission, shall be duly verified, and shall cover the yearly period fixed by the commission. The commission shall prescribe the character of the information to be embodied in the annual report, and shall furnish to each public utility a blank form for it. Every public utility also shall fil...

Section 4905.15 | Reports and accounts.

...hall furnish to the public utilities commission, in such form and at such times as the commission requires, such accounts, reports, and information as shall show completely and in detail the entire operation of the public utility in furnishing the unit of its product or service to the public.

Section 4905.16 | Copy of contract may be required by commission.

...as required by the public utilities commission, every public utility shall file with it a copy of any contract, agreement, or arrangement, in writing, with any other public utility relating in any way to the construction, maintenance, or use of its plant or property, or to any service, rate, or charge.

Section 4905.17 | Construction accounts.

...The public utilities commission shall keep informed of all new construction, extensions, and additions to the property of public utilities, and may prescribe the necessary forms, regulations, and instructions to the officers and employees of such public utilities for the keeping of construction accounts. Such construction accounts shall clearly distinguish all operating expenses and new construction.

Section 4905.18 | Depreciation account.

...ount, whenever the public utilities commission, after investigation, determines that a depreciation account can be reasonably required. The commission shall ascertain, determine, and prescribe what are proper and adequate charges for depreciation of the several classes of property for each public utility. The charge for depreciation shall be such as will provide the amount required over the cost and expense of...

Section 4905.19 | Depreciation fund.

...the approval of the public utilities commission.

Section 4905.20 | Abandonment of facilities.

...No railroad as defined in section 4907.02 of the Revised Code, operating any railroad in this state, and no public utility as defined in section 4905.02 of the Revised Code furnishing service or facilities within this state, shall abandon or be required to abandon or withdraw any main track or depot of a railroad, or main pipe line, gas line, electric light line, water line, sewer line, steam pipe line, or any ...

Section 4905.21 | Application to commission to abandon, withdraw or close.

... application to the public utilities commission in writing. The commission shall thereupon cause reasonable notice of the application to be given, stating the time and place fixed by the commission for the hearing of the application. Upon the hearing of the application, the commission shall ascertain the facts and make its findings thereon, and if such facts satisfy the commission that the proposed abandonment...

Section 4905.22 | Service and facilities required - unreasonable charge prohibited.

... or by order of the public utilities commission, and no unjust or unreasonable charge shall be made or demanded for, or in connection with, any service, or in excess of that allowed by law or by order of the commission.

Section 4905.23 | Electric generating plant closure prohibited.

...(A) As used in this section, "base load electric generating facility" means an electric generating plant and associated facilities located in this state that primarily uses a nonrenewable fuel source to generate electricity, including natural gas and nuclear reaction, and that is not owned or operated by a public utility, municipal corporation, or electric cooperative. (B) No person shall enter into a settlement to...

Section 4905.26 | Complaints as to service.

...or complaint of the public utilities commission, that any rate, fare, charge, toll, rental, schedule, classification, or service, or any joint rate, fare, charge, toll, rental, schedule, classification, or service rendered, charged, demanded, exacted, or proposed to be rendered, charged, demanded, or exacted, is in any respect unjust, unreasonable, unjustly discriminatory, unjustly preferential, or in violation of la...

Section 4905.261 | Telephone call center for consumer complaints.

...The public utilities commission shall operate a telephone call center for consumer complaints, to receive complaints by any person, firm, or corporation against any public utility. The commission shall expeditiously provide the consumers' counsel with all information concerning residential consumer complaints received by the commission in the operation of the telephone call center and with any materials produced in t...

Section 4905.27 | Standard units.

...The public utilities commission shall ascertain and prescribe suitable and convenient standard commercial units of the product or service of any public utility when the character of its product or service is such that it can be determined. Such units shall be the lawful units for the purposes of Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code.

Section 4905.28 | Standards of measurement.

...The public utilities commission may ascertain and fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage, or other conditions pertaining to the supply or quality of the product furnished or adequacy of service rendered by any public utility and may prescribe reasonable regulations for examination, testing, and measurement of such product or service. It may establish reasonabl...

Section 4905.29 | Examinations and tests.

...The public utilities commission may provide instruments for, and carry on, the examination and testing of all appliances used for the measurement of any product or service of a public utility or for the examination and testing of any devices or appliances of such public utility used for testing for accuracy any appliance used for the measurement of any product or service of such public utility. Any consumer or user m...

Section 4905.30 | Printed schedules of rates must be filed.

... and file with the public utilities commission schedules showing all rates, joint rates, rentals, tolls, classifications, and charges for service of every kind furnished by it, and all rules and regulations affecting them. The schedules shall be plainly printed and kept open to public inspection. The commission may prescribe the form of every such schedule, and may prescribe, by order, changes in the form of s...

Section 4905.301 | Application to recover public way regulation costs.

...jurisdiction of the public utilities commission may file an application with the commission for the accounting authority to classify a cost that meets the requirements of division (C) of this section as a regulatory asset for the purpose of recovering the cost. The commission, by order, shall authorize such accounting authority as may be reasonably necessary to classify the cost as a regulatory asset. (C) A cost is...

Section 4905.302 | Purchased gas adjustment clause.

...been issued by the public utilities commission establishing rates for the company pertaining to those customers; (b) A provision in an ordinance adopted pursuant to section 743.26 or 4909.34 of the Revised Code or Section 4 of Article XVIII, Ohio Constitution, with respect to which a gas company or natural gas company is required or allowed to adjust the rates it charges under such an ordinance in accordance w...

Section 4905.303 | Approving purchases of synthetic natural gas.

... agreement from the public utilities commission, which approval shall be granted if the purchase price is to be based on the total cost of service of the facility developer or developers in producing the synthetic natural gas or other fuels for a reasonable profit to said developer or developers, taking into account the desirability of encouraging energy research and development, the developmental nature of the facil...

Section 4905.304 | Examining coal research and development costs incurred by gas or natural gas company.

...ery six months, the public utilities commission shall examine Ohio coal research and development costs incurred by a gas or natural gas company. The commission shall adopt a rule that: (A) Requires periodic reports, audits, and hearings and establishes investigative procedures for the purposes of this section; (B) Allows recovery on a uniform basis per unit of sale of the Ohio coal research and development costs in...

Section 4905.31 | Reasonable arrangements allowed - variable rate.

...it is filed with and approved by the commission pursuant to an application that is submitted by the public utility or the mercantile customer or group of mercantile customers of an electric distribution utility and is posted on the commission's docketing information system and is accessible through the internet. Every such public utility is required to conform its schedules of rates, tolls, and charges to such arran...

Section 4121.37 | Creation of division of safety and hygiene.

...The administrator of workers' compensation having, by virtue of Section 35 of Article II, Ohio Constitution, the expenditure of the fund therein created for the investigation and prevention of industrial accidents and diseases, shall, with the advice and consent of the bureau of workers' compensation board of directors, in the exercise of the administrator's authority and in the performance of the administrator's dut...

Section 4121.38 | Impairment evaluation.

...(A) The industrial commission shall: (1) Implement a program of impairment evaluation training for its staff physicians, certified nurse-midwives, clinical nurse specialists, and certified nurse practitioners; (2) Issue a manual of commission policy as to impairment evaluation so as to increase consistency of medical reports. This manual shall be available to the public at cost but shall be provided free to all p...

Section 4121.39 | Administrator of workers' compensation - powers and duties.

... payment on orders of the industrial commission and district and staff hearing officers as provided in section 4123.511 of the Revised Code; (D) Serve as representative of the state insurance fund; (E) Establish a legal section within the bureau to provide legal advice and assistance to the administrator and the administrator's staff as to claims procedure and policy; appeals to be lodged on behalf of the state ins...

Section 4121.40 | Service directors - investigators and field auditors - duties.

...te action concerning any allegations of misconduct, abuse of authority, or fraud committed in his service office; (4) Ensure that all current bureau rules and operating procedures are carried out by all employees under his direction; (5) Assist claimants and employers who contact the service office for information or assistance with respect to claims processing and coverage. (B) The administrator shall assign to ...

Section 4121.41 | Information on rights and responsibilities - optimum level of premium payment - complaints.

...(A) The administrator of workers' compensation shall operate a program designed to inform employees and employers of their rights and responsibilities under Chapter 4123. of the Revised Code and as part of that program prepare and distribute pamphlets, which clearly and simply explain at least all of the following: (1) The rights and responsibilities of claimants and employers; (2) The procedures for process...

Section 4121.42 | In-service training programs.

...ers' compensation and the industrial commission shall cooperatively implement with adequate staff a comprehensive in-service training program for their respective personnel that provides training with respect to the workers' compensation system in at least all of the following areas: (1) General policies; (2) Organization; (3) Regulations; (4) Management training, including supervision, system design, and budget ...

Section 4121.43 | Compensation payments.

...The administrator of workers' compensation shall: (A) Adopt rules to ensure that all compensation payments are accompanied by information which clearly indicates the source of payment, type of payment, method of computation, inclusive days of payment, reason for changes in payment, and telephone number or address for inquiries; (B) Adopt rules to govern the method of issuing and delivering checks, including time ...

Section 4121.44 | Implementation of qualified health plan system and health partnership program - health care data program.

...(A) The administrator of workers' compensation shall oversee the implementation of the Ohio workers' compensation qualified health plan system as established under section 4121.442 of the Revised Code. (B) The administrator shall direct the implementation of the health partnership program administered by the bureau as set forth in section 4121.441 of the Revised Code. To implement the health partnership program and ...

Section 4121.441 | Health care partnership program - adoption of rules.

...rovisions for provider referrals, pre-admission and post-admission approvals, second surgical opinions, and other cost management techniques; (j) Antifraud mechanisms; (k) Standards and criteria for the bureau to utilize in certifying or recertifying a health care provider or a managed care organization for participation in the health partnership program; (l) Standards for the bureau to utilize in penalizing ...

Section 4121.442 | Health care quality advisory council.

...(A) The administrator of workers' compensation shall develop standards for qualification of health care plans of the Ohio workers' compensation qualified health plan system to provide medical, surgical, nursing, drug, hospital, and rehabilitation services and supplies to an employee for an injury or occupational disease that is compensable under this chapter or Chapter 4123., 4127., or 4131. of the Revised Code. In a...

Section 4121.443 | Summary suspension.

...icted of or pleaded guilty to any other criminal offense related to the delivery of or billing for health care services. (3) The bureau determines, by clear and convincing evidence, that the continued participation by the provider in the health partnership program presents a danger of immediate and serious harm to claimants. (B) The bureau shall serve a written order of summary suspension in accordance with sec...

Section 4121.444 | Obtaining workers' compensation payments by deception prohibited.

...he attorney general may settle or compromise any action brought under this section with the approval of the administrator. Notwithstanding any other law providing a shorter period of limitations, the attorney general or a self-insuring employer may bring an action to enforce this section at any time within six years after the conduct in violation of this section terminates. (E) The availability of remedies under th...

Section 4121.446 | Selection of managed care organizations.

...fice, agency, institution, board, or commission, except for a public college or university, unless otherwise agreed to between the department and a state office, agency, institution, board, or commission.

Section 4121.447 | Data security agreement.

...Each contract the administrator of workers' compensation enters into with a managed care organization under division (B)(4) of section 4121.44 of the Revised Code shall require the managed care organization to enter into a data security agreement with the state board of pharmacy governing the managed care organization's use of the board's drug database established and maintained under section 4729.75 of the Rev...

Section 4121.45 | Workers' compensation ombudsperson system.

...ers' compensation and the industrial commission. The industrial commission nominating council shall appoint a chief ombudsperson. The chief ombudsperson, with the advice and consent of the nominating council, may appoint such assistant ombudspersons as the nominating council deems necessary. The position of chief ombudsperson is for a term of six years. A person appointed to the position of chief ombudsperson shall s...

Section 4121.47 | Violating specific safety rule or employee welfare legislation.

...f hearing officer's decision, if the commission refuses to hear the appeal under division (E) of section 4123.511 of the Revised Code, or a decision of the commission, if the commission hears the appeal under that division, to a court of common pleas pursuant to the Rules of Civil Procedure. An appeal operates to stay the payment of the fine pending the appeal. (D) The administrator shall deposit all penalties colle...

Section 4121.471 | Limitation on action for employer's failure to comply with safety rule.

...A claim for an additional award under Section 35 of Article II, Ohio Constitution, alleging that an injury, occupational disease, or death resulted from an employer's failure to comply with a specific safety rule for the protection of the lives, health, and safety of employees shall be forever barred unless it is filed within one year after the date of the injury or death or within one year after the disability due t...

Section 4121.50 | Rules to implement coordinated services program for prescription drug abuse.

...e administrator or of the industrial commission or by a self-insuring employer but were obtained at a frequency or in an amount that is not medically necessary. The program shall be implemented in a manner that is substantially similar to the coordinated services programs established for the medicaid program under sections 5164.758 and 5167.13 of the Revised Code.

Section 4121.61 | Aiding rehabilitation of injured workers.

...(A) As used in sections 4121.61 to 4121.69 of the Revised Code, "self-insuring employer" has the same meaning as in section 4123.01 of the Revised Code. (B) The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, shall adopt rules, take measures, and make expenditures as it deems necessary to aid claimants who have sustained compensable inju...

Section 4121.62 | Contracts for rendition of rehabilitation services.

...(A) The authority granted to the administrator of workers' compensation pursuant to sections 4121.61 to 4121.69 of the Revised Code includes the authority to do all of the following: (1) Contract with any public or private person for the rendition of rehabilitation services; (2) Take actions and utilize money in the state insurance fund as necessary to obtain federal funds and assistance in the max...

Section 4121.63 | Living maintenance payments paid to claimants agreeing to rehabilitation.

...Claimants who the administrator of workers' compensation determines could probably be rehabilitated to achieve the goals established by section 4121.61 of the Revised Code and who agree to undergo rehabilitation shall be paid living maintenance payments for a period or periods which do not exceed six months in the aggregate, unless review by the administrator or the administrator's designee reveals that the claimant ...

Section 4121.64 | Appeals.

...Notwithstanding section 4123.512 of the Revised Code, no person may appeal to court any action or decision issued under sections 4121.61 to 4121.69 of the Revised Code. A person may, however, appeal the decision pursuant to section 4123.511 of the Revised Code.

Section 4121.65 | Employer may furnish rehabilitation services.

...Self-insuring employers may furnish rehabilitation services as long as the quality and content of the services are equal to or greater than that provided by the bureau of workers' compensation.

Section 4121.66 | Rehabilitation services, counseling, training, and living maintenance payments paid from surplus fund.

...(A) Except as provided in division (D) of this section, the administrator of workers' compensation shall pay the expense of providing rehabilitation services, counseling, training, and living maintenance payments from the surplus fund established by section 4123.34 of the Revised Code. (B) Living maintenance payments are not subject to garnishment, levy, or attachment. (C) Sections 4123.343, 4123.63, and 4123.64 of...

Section 4121.67 | Administrative rules for payments for employing rehabilitated workers - wage loss compensation.

...(A) The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, shall adopt rules: (1) For the encouragement of reemployment of claimants who have successfully completed prescribed rehabilitation programs by payment from the surplus fund established by section 4123.34 of the Revised Code to employers who employ or re-employ the claimants. The per...