Ohio Admin. Code 3745-501-40 - Suspension or revocation of a license
(A) The licensing authority may suspend or
revoke a license by order for any cause that would be grounds for suspension or
revocation pursuant to Chapter 3714. or Chapter
3734. of the Revised Code and the rules adopted
thereunder. Grounds include but are not limited to the following:
(1) Entry pursuant to applicable law to
inspect or investigate, obtain samples, and examine or copy records to
determine compliance is refused, hindered, or thwarted.
(2) The owner or operator violates Chapter
3714. or Chapter 3734. of the Revised Code and
the rules adopted thereunder.
(3) The facility is not being operated in
substantial compliance with applicable environmental laws.
(4) A nuisance, fire hazard, or health hazard
exists at the facility .
(5)
For a solid waste facility , fraud
Fraud , deceit, or misrepresentation and other grounds
pursuant to section
3714.101 or section
3734.45 of the Revised
Code.
(B) Procedures for
suspending a facility license. When suspending a facility license, the
licensing authority shall do at least
at a minimum the following:
(1) The director shall act in accordance with
applicable provisions of Chapters 119., 3714.,
3734., and 3745. of the Revised Code. The approved board of health shall act in
accordance with section
3709.20
and
3709.21
of the Revised
Code and the applicable provisions of Chapter
Chapters 3714.
and 3734. of the Revised Code.
(2) Unless an emergency exists requiring
immediate action to protect public health or safety or the environment, make a
suspension of a license effective only after the licensee has been given notice
in writing of the conditions or violations that need to be corrected and has
been given a reasonable period of time to respond to the notice to make
corrections.
(3) Issue a written
order to suspend the license that contains at a minimum the following
information:
(a) Information identifying the
licensee and the facility .
(b) The
findings upon which the suspension is based.
(c) The effective date of the
order.
(d) A notice of appeal
rights.
(4) Retain and
distribute copies of the order suspending the facility license pursuant to rule
3745-500-130
of the Administrative Code.
(C) Licensee procedures if a facility license
has been suspended.
(1) The acceptance of
solid waste, infectious waste, or C&DD at the
facility shall cease upon the effective date of the order suspending the
facility license, unless the order suspending the facility license provides
otherwise.
(2) The owner or
operator shall comply with the operational requirements specified in the
applicable rules.
(3) The
acceptance of solid waste, infectious waste, or
C&DD shall not recommence unless the licensing authority has by order
reinstated the facility license.
(D) Licensing authority procedures for
reinstating a suspended facility license.
(1)
The licensing authority shall reinstate a suspended facility license through
issuance of a written order. The written order shall at a minimum contain the
following information:
(a) Information identifying the licensee and
the facility .
(b) The findings upon
which the suspended license is reinstated.
(c) The effective date of the
order.
(d) A notice of appeal
rights.
(2) The licensing
authority shall retain and distribute copies of the order reinstating the
facility license pursuant to rule
3745-500-130
of the Administrative Code.
(E) Procedures for revoking a facility
license. When revoking a facility license, the licensing authority shall comply
with the applicable procedures set forth in rule
3745-500-120
of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3714.02, 3734.02, 3734.12
Rule Amplifies: 3714.02, 3734.02, 3734.07, 3734.09, 3734.12, 3734.44, 3734.45
Prior Effective Dates: 04/02/2012
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