Ohio Administrative Code
Title 4901:2 - Motor Carriers
Chapter 4901:2-7 - Forfeitures and Compliance Orders
Section 4901:2-7-07 - Notice of intent to assess forfeiture

Universal Citation: OH Admin Code 4901:2-7-07

Current through all regulations passed and filed through September 16, 2024

(A) Within ninety days of the receipt of a report of violation, or the discovery of a violation, but no later than one year following the date the violation occurred, the staff may serve a "notice of intent to assess forfeiture" for that violation upon one or more respondents. The notice of intent to assess forfeiture contains:

(1) An identification of the date of the violation and person, vehicle, or facility concerning which the violation occurred.

(2) Reference to the statute, rule or regulation, or order of the commission that was violated.

(3) A brief description of the manner in which the violation is alleged to have occurred.

(4) The amount of the forfeiture intended to be assessed.

(5) A statement that respondent's failure to serve a timely request for conference constitutes a waiver of respondent's right to further contest liability to the state for the forfeiture described in the notice.

(6) A description of the manner in which the respondent may make payment of the forfeiture.

(7) Instructions regarding the manner in which the respondent may serve a timely request for conference to contest the occurrence of the violation or the amount of the forfeiture.

(B) Staff's consideration in determining the amount of any forfeiture to be assessed, includes:

(1) The nature and circumstances of the violation.

(2) The extent and gravity of the violation.

(3) The degree of the respondent's culpability.

(4) The respondent's history of violations, and any other available information concerning the respondent's operations.

Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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