Ohio Admin. Code 3701-73-02 - Administrative fines-violations of reporting requirements
(A) As used in this
rule an "incident" means any definitive and separate occurrence of failing to
report any single suspected or confirmed case whose reporting is required
division (C) of section
3701.23, division (C) of section
3701.232, division (C) of
section 3701.24, division (B) of section
3701.25, division (B) of section
3707.06, or division (C) of
section 3701.201 of the Revised Code.
(B) Any person who violates
division (C) of section
3701.23, division (C) of section
3701.232, division (C) of
section 3701.24, division (B) of section
3701.25, division (B) of section
3707.06, or any poison control
center or other healthrelated entity that fails to comply with division (C) of
section 3701.201 of the Revised Code is
subject to fines specified in this rule.
(C) Whenever a health commissioner having
jurisdiction over the location where the incident occurred becomes aware of an
incident, the health commissioner shall immediately inform the director of
health with as much other information relative to the incident as is available.
(D) The director of health may
consider the scope and severity of any violation as well as the violator's
history of compliance in determining the amount of any administrative fine
issued pursuant to this rule. Pursuant to an adjudication order issued by the
director of health under Chapter 119. of the Revised Code, administrative fines
imposed under this rule may be imposed as follows:
(1) One hundred to two hundred fifty dollars
per incident if there is no history of non-compliance and the incomplete or
non-reporting has not threatened or harmed the public's health or the
operations of the Ohio department of health;
(2) Two hundred fifty-one to three hundred
fifty dollars per incident if there is a history of non-compliance and the
incomplete or non-reporting has not threatened or harmed the public's health or
the operations of the Ohio department of health;
(3) Three hundred fifty-one to five hundred
dollars per incident if there is no history of non-compliance, but the
incomplete or non-reporting has threatened or harmed the public's health or the
operations of the Ohio department of health
(4) Five hundred one to seven hundred fifty
dollars per incident if there is a history of non-compliance and the incomplete
or non-reporting has threatened or harmed the public's health or the operations
of the Ohio department of health, or the incomplete or non-reporting appears
intentional.
(E) If one
or more violations by the same person have been reported within the previous
twelve months, the director of health may impose the administrative fine at the
next level of severity provided in paragraph (D) of this rule.
Notes
Promulgated Under: 119.03
Statutory Authority: 3701.571
Rule Amplifies: 3701.571
Prior Effective Dates: 2/3/2005
Promulgated Under: 119.03
Statutory Authority: 3701.571
Rule Amplifies: 3701.571
Prior Effective Dates: 2/3/2005
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