Ohio Administrative Code
Title 4901:1 - Utilities
Chapter 4901:1-2 - Protection of Underground Utility Facilities
Section 4901:1-2-12 - Guidelines for consistent application of fines and penalties
Current through all regulations passed and filed through September 16, 2024
In determining a fine or penalty recommendation 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 committee, the commission, and the 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:
(B) The nature, circumstances, 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) The history or number of compliance failures by the person based on information maintained by the coordinator.
(F) The good faith effort on the person's part in attempting to achieve compliance after the compliance failure was identified.
Effective: 12/4/2015
Five Year
Review (FYR) Dates: 11/30/2020
Promulgated Under:
111.15
Statutory
Authority: 4913.45
Rule
Amplifies: 4913.20
