Ohio Admin. Code 4901:2-7-12 - Notice of preliminary determination
Following service of a notice of apparent violation, a notice of intent to assess forfeiture, a notice of intent to make compliance order, or a combined notice, the staff may serve a "notice of preliminary determination" upon the respondent. The signed notice of preliminary determination contains:
(A) An identification of the
date of the violation and person, vehicle, or facility concerning which the
violation occurred.
(B) Reference
to the statute, rule or regulation, or order of the commission which was
violated.
(C) A brief description
of the violation, the amount of the forfeiture intended to be assessed, or the
language of the compliance order intended to be made.
(D) Instructions regarding the manner in
which the respondent may serve a timely request for administrative hearing to
contest the alleged violation, the proposed forfeiture, or the making of the
compliance order.
(E) A notice that
failure to file a request for administrative hearing conclusively establishes
the occurrence of the violation described in the notice of preliminary
determination and constitutes a waiver of the right of the respondent to
contest liability to the state for the forfeiture proposed in the notice of
preliminary determination or the right of the respondent to contest the making
of the compliance order proposed in the notice of preliminary
determination.
Notes
Promulgated Under: 111.15
Statutory Authority: 4905.81, 4923.04, 4923.99
Rule Amplifies: 4905.81, 4923.04, 4923.99
Prior Effective Dates: 09/28/1988 (Emer.), 12/23/1988, 10/28/1990, 12/14/1995, 10/22/2007, 09/05/2011
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