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Home » US Law » 2022 Ohio Revised Code » Title 49 | Public Utilities » Chapter 4913 | Public Utilities Commission - Enforcement of Underground-Utility-Damage-Prevention Law

Section 4913.01 | Definitions.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly As used in this chapter: (A) “Aggrieved person” means a 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 and who is […]

Section 4913.03 | Safety Registration.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly (A) Each utility, excavator, developer, and designer who participates in the one-call notification system shall register with the public utilities commission and pay a safety registration not to exceed fifty dollars annually, which the commission may lower if the commission determines lowering […]

Section 4913.05 | Request for Imposition of Fine or Penalty.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly (A) Beginning January 1, 2016, an aggrieved person may request an inquiry with the staff of the public utilities commission seeking the imposition, in accordance with this chapter, of a fine or penalty on the person responsible for the alleged compliance failure […]

Section 4913.07 | Response to Request for Inquiry.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly If a request for an inquiry is made under section 4913.05 of the Revised Code, 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 […]

Section 4913.09 | Conduct of Inquiry.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly (A) The staff of the public utilities commission shall conduct an inquiry upon receiving a request made under section 4913.05 of the Revised Code. The inquiry shall be limited to whether there was a compliance failure. (B) During an inquiry conducted under […]

Section 4913.13 | Reports of Inquiries.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly The staff of the public utilities 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 […]

Section 4913.15 | Review of Reports by Underground Technical Committee.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly (A) The underground technical committee shall review every report of the staff of the public utilities commission made available under section 4913.13 of the Revised Code or submitted under section 4913.16 of the Revised Code. (B) Not later than ninety days after […]

Section 4913.151 | Determination of Fine or Penalty Recommendation.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly 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, […]

Section 4913.152 | Communications With Knowledgeable Persons.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly The underground technical committee may communicate with persons who have knowledge or information 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 […]

Section 4913.16 | Failure to Achieve Majority or Act.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly (A)(1) If the underground technical committee votes during the ninety-day time period as required under division (B) of 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 […]

Section 4913.17 | Finding of Persistent Noncompliance.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly (A) Based upon the number and type of compliance failures committed 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 […]

Section 4913.171 | Imposition of Fine on Persistent Noncomplier.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly If the underground technical committee reports that 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 […]

Section 4913.19 | Request for Administrative Hearing.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly 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 […]

Section 4913.20 | Factors to Be Considered.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly 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 […]

Section 4913.21 | Imposition of Recommendations.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly Except as provided in sections 4913.171 and 4913.19 of the Revised Code, the public utilities commission shall impose every recommendation made under section 4913.15 or 4913.16 of the Revised Code by the underground technical committee.

Section 4913.22 | Payment of Fine; Compliance With Penalty.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly 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 […]

Section 4913.23 | Notice.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly The public utilities commission shall, by letter, promptly notify the person that requested the inquiry and the 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) […]

Section 4913.25 | Application for Reconsideration.

Effective: March 23, 2015 Latest Legislation: House Bill 378 – 130th General Assembly (A) If either the person that requested the inquiry or the person responsible for the compliance failure 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 […]

Section 4913.251 | Reconsideration Order; Appeal.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly 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.

Section 4913.252 | Hearings.

Effective: March 23, 2015 Latest Legislation: Senate Bill 378 – 130th General Assembly All hearings conducted by the 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.