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Offense: DUS FAIL PAY/APR - CH SUP
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Section 4911.16 | Access to materials possessed by public utilities commission.

...of carrying out the duties given him in Chapter 4911. of the Revised Code, the consumers' counsel shall have access to all books, contracts, records, documents, and papers in the possession of the public utilities commission at any time.

Section 4911.17 | Consumers' counsel governing board.

...ives of organized groups representing each of the following areas: labor; residential consumers; and family farmers. No more than five members of this board may be members of the same political party. The members of the board shall be appointed by the attorney general with the advice and consent of the senate. No later than January 1, 1977, the attorney general shall make initial appointments to the board. Of the i...

Section 4911.18 | Assessments - consumers' counsel operating fund.

...is section against a retail natural gas supplier or governmental aggregator subject to certification under section 4929.20 of the Revised Code, such receipts shall be those specified in the supplier's or aggregator's most recent report of intrastate gross receipts and sales of hundred cubic feet of natural gas, filed with the commission pursuant to division (B) of section 4929.23 of the Revised Code, and verified by ...

Section 4911.19 | Response of utility to billing or service inquiry on behalf of residential customer.

...nsel on the merits of the inquiry. The failure of a utility to comply with this section is admissible evidence in a complaint proceeding under section 4905.26 of the Revised Code, upon the motion of the consumers' counsel, regardless of whether further evidence concerning the subject of the inquiry is offered.

Section 4911.20 | Appointment of deputy consumers' counsel.

...If the consumers' counsel governing board determines that the appointment of a deputy consumers' counsel is necessary to ensure the full and proper performance of the powers and duties of the consumers' counsel, the board may appoint a deputy consumers' counsel. The board may assign the deputy consumers' counsel any of the duties and powers of the consumers' counsel, and the deputy shall perform the assigned duties a...

Section 4913.01 | Definitions.

...h or impacted by the alleged compliance failure, as identified in the request for inquiry, of another person with duties and obligations under sections 153.64, 3781.27, and 3781.28 to 3781.32 of the Revised Code and divisions (A) and (B) of section 3781.26 of the Revised Code. (B) "Compliance failure" means a failure to comply with any provision of sections 153.64, 3781.27, and 3781.28 to 3781.32 of the Revised Code...

Section 4913.03 | Safety Registration.

...r and oversee the registration process. Failure to register shall result in a fine of not more than two thousand five hundred dollars. (B) The commission shall deposit all safety registrations and fines collected under this section in the underground facilities protection administrative fund created under section 4913.30 of the Revised Code.

Section 4913.05 | Request for imposition of fine or penalty.

... 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 shall state, at a minimum and with particularity, the name of...

Section 4913.07 | Response to request for inquiry.

... 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.

Section 4913.09 | Conduct of inquiry.

...mited to whether there was a compliance failure. (B) During an inquiry conducted under this section, the staff shall examine relevant facts regarding the alleged compliance failure and may request records verification, informal meetings, teleconferences, photo documentation, and any other documentation or information relevant to the inquiry.

Section 4913.13 | Reports of inquiries.

...ies commission shall make a report of each inquiry conducted under section 4913.09 of the Revised Code available to the underground technical committee, created under section 3781.34 of the Revised Code. The report shall contain any admission made under section 4913.07 of the Revised Code by the person who is the subject of the inquiry. This report shall not contain a recommendation as to the imposition of a fine or ...

Section 4913.15 | Review of reports by underground technical committee.

...of the Revised Code. If the committee fails to achieve the required majority for any action described in division (C) of this section, it shall notify the commission.

Section 4913.151 | Determination of fine or penalty recommendation.

...e 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 a combination of this fine and these penalties. (B) If the compliance failure is a subsequent compliance failure for the person responsible, the committee may rec...

Section 4913.152 | Communications with knowledgeable persons.

...ation concerning the alleged compliance failure as part of the committee's review under section 4913.15 of the Revised Code and to assist the committee in making recommendations under that section and section 4913.16 of the Revised Code.

Section 4913.16 | Failure to achieve majority or act.

...section 4913.15 of the Revised Code but fails to achieve the required majority as described 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 ...

Section 4913.17 | Finding of persistent noncompliance.

...ommitted by a person, the underground technical committee may find, as part of the committee's review under section 4913.15 of the Revised 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...

Section 4913.171 | Imposition of fine on persistent noncomplier.

...t a person responsible 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.

Section 4913.19 | Request for administrative hearing.

...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 commission shall impose a fine or penalty or take no enforcement action.

Section 4913.20 | Factors to be considered.

...mstances, and gravity of the compliance failure, including the amount of damage involved in relation to the compliance failure, and whether it resulted in death, serious injury, dismemberment, or a significant threat to public safety; (C) The organizational size of the responsible person; (D) The prospective effect of a fine on the person's ability to pay business obligations and otherwise conduct business; (E) Th...

Section 4913.21 | Imposition of recommendations.

...f 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.

...e 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) or (C)(1) of section 4913.16 of the Revised Code. The notice shall include all of the following, as applicabl...

Section 4913.25 | Application for reconsideration.

...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 application for reconsideration must state with particularity...

Section 4913.251 | Reconsideration order; appeal.

... the rehearing and appeal process under Chapter 4903. of the Revised Code.

Section 4913.252 | Hearings.

... 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.