Ohio Admin. Code 901:9-1-02 - Powers of the director
(A) The director or his designee has the
authority to issue stop orders under the authority of division (F) of section
1711.55
993.07
of the Revised Code, suspend any permit issued pursuant to section
1711.53
993.04
of
the Revised Code and to levy fines under the authority of section
1711.56
993.09
of the Revised Code for any violation of this chapter adopted under
authority of division (B) of section 1711.53
993.04
of
the Revised Code.
(B) Ride
inspectors or other designees of the department are authorized by the director
to prohibit the operation of any ride found to be in an unsafe condition, or
the ride was not set-up, and ready to operate at the time ready for inspection
listed on the ride company's itinerary on file with the department, by issuing
a "Stop Operation Order" as provided in division (F) of section
1711.55
993.07
of the Revised Code.
A "Stop Operation Order" may be issued to any owner who is
operating an unlicensed ride based on the premise that under division (F) of
section 1711.55
993.07
of the Revised Code no ride can be presumed to be safe until it is
inspected.
(C) The "Stop
Operation Orders" shall be issued as follows:
(1) The inspector shall fill out the "Stop
Operation Order" form in triplicate. The order shall contain the reason for the
order.
(2) The owner shall sign all
copies, retaining one for his own use. The inspector shall retain one for the
department's use. The third copy shall be forwarded immediately to the
individual or group responsible for the event.
(3) The inspector shall place on the ride or
device, in clear view of potential riders, a "Stop Operation Order" sign
stating "Temporarily closed by the Ohio Department of Agriculture." This sign
shall be in place prior to his leaving the event or park. This sign shall be
part of the order and shall remain posted until removed by an inspector of or
other designee of the department.
(D) No ride or device shall be open to the
public while a "Stop Operation Order" is outstanding against it.
(E) Any owner, who disagrees with the
issuance of any "Stop Operation Order" is entitled to a hearing as provided by
Chapter 119. of the Revised Code.
(F) The "Stop Operation Order" will be
removed when:
(1) The order has been
determined unreasonable by the director or his designee at a hearing held in
accordance with Chapter 119. of the Revised Code.
(2) When the department determines the
condition causing the violation has been corrected as prescribed under division
(F) of section 1711.55
993.07
of the Revised Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 993.04
Rule Amplifies: 993.04
Prior Effective Dates: 03/20/1986, 06/20/1988, 08/25/2003
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