Ohio Admin. Code 3701-52-10 - Civil fines and penalties
(A)
Pursuant to
section 3794.07 of the Revised Code, as
it pertains to proprietors, the amount of a fine for a violation of division
(A) or (B) of section
3794.02 or section
3794.06 of the Revised Code or
rule 3701-52-02 or
3701-52-07 of the Administrative
Code will be determined in accordance with the following schedule:
(1)
First violation -
warning letter;
(2)
Second violation - one hundred dollars;
(3)
Third violation -
five hundred dollars;
(4)
Fourth violation - one thousand dollars;
and,
(5)
Fifth or subsequent violation - two thousand five
hundred dollars.
(B)
Pursuant to
section 3794.07 of the Revised Code, as
it pertains to individuals, who have violated division (D) of section
3794.02 of the Revised Code or
rule 3701-52-03 of the Administrative
Code will be fined in accordance with the following schedule:
(1)
First violation -
warning letter; and,
(2)
Second or subsequent violation - one hundred
dollars.
(C)
Pursuant to section
3794.07 of the Revised Code and
as it pertains to retaliation, the amount of a fine for violation of division
(C) of section 3794.02 of the Revised Code or
rule 3701-52-02 or
3701-52-03 of the Administrative
Code will be determined in accordance with the following schedule:
(1)
First violation -
warning letter;
(2)
Second violation - one thousand dollars;
and,
(3)
Third or subsequent violation - two thousand five
hundred dollars.
(D)
In determining
the amount of a fine for a violation as set forth in paragraphs (A) to (C) of
this rule, violations which occurred more than two years prior to a subsequent
violation will not be considered if there has been no subsequent violation in
the intervening time period. In determining the amount of a fine for a
violation or violations, all complaints received during the pendency of an
investigation will be aggregated for purposes of issuing a finding of
violation.
(E)
The department may decrease or waive any fine imposed
pursuant to paragraphs (A) to (C) of this rule upon consideration of any of the
following factors:
(1)
Whether the proprietor made a good faith effort to
prevent the violation from occurring, including efforts to comply with other
applicable laws and rules such as division (A) (18) of section
3721.13 of the Revised
Code;
(2)
Whether the proprietor has substantially complied with
the requirements of Chapter 3794. of the Revised Code and this
chapter;
(3)
Whether the proprietor or individual has a history of
compliance;
(4)
Whether the proprietor cooperated in good faith during
the investigation of the reported violation; and,
(5)
Whether a
proprietor or individual has shown good cause to support decreasing or waiving
the fine.
(F)
Upon a final finding of violation, each day that
specific violation continues will constitute a separate violation. The total
penalty assessment for the separate violation is calculated as the product of
the number of days the proprietor or individual remained in violation after the
final finding of a violation multiplied by the applicable penalty amount in
paragraphs (A) to (C) of this rule. Fines imposed pursuant to this rule will be
doubled when the department finds the violation to be intentional. Violations
which occurred more than two years prior to the current violation will not be
considered if there has been no subsequent violation in the intervening time
period when determining the amount of fine pursuant to this rule for the
current violation.
(G)
Upon a final finding of violation, the Ohio department
of health will invoice the proprietor or individual for the assessed fines. The
proprietor or individual will pay all fines as follows:
(1)
Within thirty
days of the Ohio department of health's invoice:
(a)
Pay all fines
assessed; or
(b)
At the sole discretion of the director, enter into a
payment plan agreement with the department to pay the total assessed fines
within a period of no longer than twelve months. Failure of a proprietor or
individual to make timely payments in accordance with an agreed upon payment
plan will result in the following:
(i)
Cancellation of the payment plan; and
(ii)
Forwarding of
the remaining balance to the Ohio attorney general for
collections.
(2)
All fines will be
sent to the Ohio department of health in the manner prescribed by the director
of health and in the form of an online payment outlined on the invoice, a
cashier's check, or a postal money order, payable to the "Treasurer, State of
Ohio."
(H)
At any time, if it is determined that a retail tobacco
store or retail vapor store has submitted false information as part of the
exemption affidavit process, the retail tobacco store's or retail vapor store's
exemption will be revoked and any current exemption document are to be returned
to the Ohio department of health or its designee, and the store is not allowed
to file for another exemption for a period of at least one
year.
Notes
Promulgated Under: 119.03
Statutory Authority: 3794.07
Rule Amplifies: 3794.07; 3794.09
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