Ohio Revised Code Search

...rdance with this chapter, of a fine or penalty on the person responsible for the alleged compliance failure described in division (A) of section 4913.01 of the Revised Code. The person shall make the request not later than ninety days after discovering the alleged compliance failure. The request shall not, by itself, cause the creation of a formal proceeding at the commission. (B) A request made under this section s...

...the person responsible for the alleged compliance failure may, not later than thirty days after being notified under that section, respond to the request, providing any information that the person considers relevant to the request. The response may include an admission of the compliance failure.

...ification, informal meetings, teleconferences, photo documentation, and any other documentation or information relevant to the inquiry.

.... This report shall not contain a recommendation as to the imposition of a fine or penalty or as to whether no enforcement action should be taken.

...any of the following: (1) Make a written recommendation to the commission as to the imposition of a fine, a penalty, or a combination of fines and penalties, in accordance with section 4913.151 of the Revised Code; (2) Determine that no enforcement action should be taken and notify the commission in writing of the determination; (3) Request a hearing under section 4913.19 of the Revised Code. (C) There shall ...

...In determining a fine or penalty recommendation as required under section 4913.15 or 4913.16 of the Revised Code: (A) If the compliance failure is the first for the person responsible, the underground technical committee may recommend a penalty of a training requirement, an education requirement, or another nonmonetary penalty, or may recommend a fine not exceeding two thousand five hundred dollars, or may recommend...

...to assist the committee in making recommendations under that section and section 4913.16 of the Revised Code.

...bed in division (C) of that section, no enforcement action shall be taken. (2) If the committee, during the ninety-day time period, fails to vote on any action as required under division (B) of section 4913.15 of the Revised Code, the staff of the public utilities commission shall make a recommendation as to a fine or penalty or no enforcement. The staff shall cause the initial report made available under section 49...

...vised Code, that the person is a persistent noncomplier. (B) The committee shall report a finding made under division (A) of this section to the staff of the public utilities commission. (C) There shall be a majority vote of the full committee, except as provided by section 3781.361 of the Revised Code, with at least one of the commercial-excavator stakeholders voting with the majority, for the committee to make ...

...ponsible for a compliance failure has been found to be a persistent noncomplier under section 4913.17 of the Revised Code, the public utilities commission may impose a fine on the person not exceeding ten thousand dollars. A penalty recommended by the committee under section 4913.15 or 4913.16 of the Revised Code may also be imposed by the commission.

...In lieu of making a recommendation of a fine or penalty or a no-enforcement determination, the underground technical committee may request an administrative hearing with the public utilities commission if the committee believes that any person responsible for a compliance failure should be subject to a fine or penalty exceeding those described in section 4913.151 of the Revised Code. As a result of the hearing, the c...

...In determining a fine or penalty recommendation or imposition or whether no enforcement action should be taken under section 4913.15, 4913.16, 4913.171, 4913.19, or 4913.25 of the Revised Code, the underground technical 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, an...

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

... sections or that division shall begin compliance with the penalty not later than thirty days after the penalty is imposed.

...5 of the Revised Code and how to make a timely filing; (G) A statement that failure to file for reconsideration under section 4913.25 of the Revised Code will make any findings final and enforceable.

...disagrees with either a finding or a no-enforcement determination made by the underground technical committee under section 4913.15, 4913.16, 4913.17, or 4913.19 of the Revised Code, either person may, not later than thirty days after receiving notice under section 4913.23 of the Revised Code, file a written application with the public utilities commission for reconsideration of the committee's finding. The applicati...

...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.

...e shall be conducted in a manner consistent with Chapter 4903. of the Revised Code.

...n 4913.25 of the Revised Code, at which time the parties to the proceeding shall be bound by the rules of the public utilities commission governing discovery in matters pending before it.

...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.

...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.

...e 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 ch...

...ister 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, operators, persons who locate underground u...

...ilities 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.

...e 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) The required contents of the underground utility damage prevention grant program established under section 4913.31 of the Revised Code; (4) The gathering, review, and acceptance of applications for a grant under se...