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|
As Introduced
122nd General Assembly
Regular Session
1997-1998 | S. B. No. 132 |
SENATORS BLESSING-GAETH-NEIN-SCHAFRATH-SHOEMAKER-SUHADOLNIK
A BILL
To amend sections 303.211, 519.211, 1345.01, and 4921.99 and to
enact sections 4921.35 to 4921.40 and 4923.25 of the Revised
Code to provide a new state certification system for household
goods moving companies in Ohio which generally eliminates
restrictions as to area of service and eliminates price
regulation except as to joint rates; to subject to that
certification system existing certificate holders and also
previously exempt household goods moving companies serving
solely within municipalities or immediately contiguous
municipalities; to subject motor transportation companies to the
Consumer Sales Practices Law; and to authorize county and
township zoning of public utilities engaged in the business of
transporting persons or property, with an exception for persons
engaged in specified transportation related to farm operations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 303.211, 519.211, 1345.01, and 4921.99
be amended and sections 4921.35, 4921.36, 4921.37, 4921.38,
4921.39, 4921.40, and 4923.25 of the Revised Code be enacted
to read as follows:
Sec. 303.211. (A) Except as otherwise provided
in division (B) OR (C) of this section, sections 303.01 to
303.25 of the Revised Code do not confer any power on any board of county
commissioners
or board of zoning appeals in respect to the location, erection,
construction, reconstruction, change, alteration, maintenance,
removal, use, or enlargement of any buildings or structures of
any public utility or railroad, whether publicly or privately
owned, or the use of land by any public utility or railroad for
the operation of its business.
(B)(1) As used in this division, "telecommunications tower" means
any free-standing structure, or any structure to be attached to a building or
other
structure, that meets all of the following criteria:
(a) The free-standing or attached structure is proposed to be
constructed on or after the effective date of this amendment
OCTOBER 31, 1996.
(b) The free-standing or attached structure is proposed to be
owned or principally used by a public utility engaged in the provision of
telecommunications services.
(c) The free-standing or attached structure is proposed to be
located in an unincorporated area of a township, in an area zoned for
residential use.
(d)(i) The free-standing structure is proposed to top at
a height that is greater than either the maximum allowable height of
residential
structures within the zoned area as set forth in the applicable zoning
regulations, or the maximum allowable height of such a free-standing structure
as set forth in any applicable zoning regulations in effect immediately prior
to the effective date of this amendment OCTOBER 31,
1996, or as those regulations subsequently are amended.
(ii) The attached structure is proposed to top at
a height that is greater than either the height of the building or other
structure to which it is to be attached, or the maximum allowable height of
such an attached structure as set forth in any applicable zoning regulations
in effect immediately prior to the effective date of this amendment
OCTOBER 31, 1996, or as those regulations
subsequently are amended.
(e) The free-standing or attached structure is proposed to
have attached to it radio frequency transmission or reception equipment.
(2) Sections 303.01 to 303.25 of the Revised Code confer power on a board of
county
commissioners or board of zoning appeals with respect to the location,
erection, construction, reconstruction, change, alteration, removal, or
enlargement of a telecommunications
tower, but not with respect to the maintenance or use of such a tower or any
change or alteration that would not substantially increase the tower's height.
However, the power so conferred shall apply to a particular
telecommunications tower only upon the provision of a notice, in accordance
with division (B)(4)(a) of this
section, to the person proposing to construct the tower.
(3) Any person who plans to construct a telecommunications tower to which
county zoning regulations apply under section 303.22 of the Revised Code shall provide both
of the following by certified mail:
(a) Written notice to the board of township trustees of the
township in which the tower is proposed to be constructed and to each owner of
property, as shown on the county auditor's current tax list, whose land is
contiguous to or directly across a street or roadway from the property on
which the tower is proposed to be constructed, stating all of the following in
clear and concise language:
(i) The person's intent to construct the tower;
(ii) A description of the property sufficient to identify the
proposed location;
(iii) That, no later than fifteen days after the date of mailing
of the notice, such board of township trustees or any such property owner may
give written notice to the board of county commissioners requesting that
sections 303.01 to 303.25 of the Revised Code apply to the proposed location
of the tower as
provided under division (B)(4)(a) of this section.
If the notice to the board of township trustees or to a property owner is
returned unclaimed or refused, the person shall mail the notice by regular
mail. The failure of delivery of the notice does not invalidate the notice.
(b) Written notice to the board of county commissioners of the
information specified in divisions (B)(3)(a)(i)
and (ii) of this section. The notice to the board also shall
include verification that the person has complied with division
(B)(3)(a) of this section.
(4)(a) If the board of county commissioners receives notice from
the board of township trustees or a property owner under division
(B)(3)(a)(iii) of this section within the time
specified in that division or if a member of the board of county commissioners
makes an objection to the proposed location of the telecommunications tower
within fifteen days after the date of mailing of the notice sent under
division (B)(3)(b) of this section, the board of
county commissioners shall send the person proposing to construct the tower
written notice that the tower is subject to the power conferred by and in
accordance with division (B)(2) of this section. The notice shall be
sent no later than five
days after the earlier of the date the board first receives such a notice from
the board of township trustees or a property owner or the date upon which a
member of the board of county commissioners makes an objection. Upon the date
of mailing of the notice to the person, sections 303.01 to 303.25 of the Revised Code shall
apply to the tower.
(b) If the board of county commissioners receives no notice under
division (B)(3)(a)(iii) of this section
within the time prescribed by that division or no board member has an
objection as provided under division (B)(4)(a) of
this section within the time prescribed by that division, division
(A) of this section shall apply to the tower without exception.
(C) SECTIONS 303.01 TO 303.25 OF THE
REVISED CODE CONFER POWER ON A BOARD OF
COUNTY COMMISSIONERS OR BOARD OF ZONING APPEALS WITH RESPECT TO
THE LOCATION, ERECTION, CONSTRUCTION, RECONSTRUCTION, CHANGE,
ALTERATION, MAINTENANCE, REMOVAL, USE, OR ENLARGEMENT OF ANY
BUILDINGS OR STRUCTURES OF A PUBLIC UTILITY ENGAGED IN THE
BUSINESS OF TRANSPORTING PERSONS OR PROPERTY, OR BOTH, OR
PROVIDING OR FURNISHING SUCH TRANSPORTATION SERVICE, OVER ANY
PUBLIC STREET, ROAD, OR HIGHWAY IN THIS STATE, AND WITH RESPECT
TO THE USE OF LAND BY ANY SUCH PUBLIC UTILITY FOR THE OPERATION
OF ITS BUSINESS, TO THE EXTENT THAT ANY EXERCISE OF SUCH POWER
IS REASONABLE AND NOT INCONSISTENT WITH CHAPTERS 4901., 4903., 4905.,
4909., 4921., AND 4923. OF THE
REVISED CODE. HOWEVER, THIS DIVISION
CONFERS NO POWER ON A BOARD OF COUNTY COMMISSIONERS OR BOARD OF
ZONING APPEALS WITH RESPECT TO A BUILDING OR STRUCTURE OF, OR
THE USE OF LAND BY, A PERSON ENGAGED IN THE TRANSPORTATION OF
FARM SUPPLIES TO THE FARM OR FARM PRODUCTS FROM FARM TO MARKET
OR TO FOOD FABRICATING PLANTS.
(D) Sections 303.01 to 303.25 of the Revised Code
confer no power on any county rural zoning
commission, board of county commissioners, or board of zoning
appeals to prohibit the sale or use of alcoholic beverages in
areas where the establishment and operation of any retail
business, hotel, lunchroom, or restaurant is permitted.
(D)(E) Sections 303.01 to 303.25 of the Revised Code do
not confer any power on any county rural
zoning commission, board of county commissioners, or board of
zoning appeals to prohibit the use of any land owned or leased by
an industrial firm for the conduct of oil or natural gas well
drilling or production activities or the location of associated
facilities or equipment when such oil or natural gas obtained by
the industrial firm is used for the operation of its own plants.
Sec. 519.211. (A) Except as otherwise provided in
division (B) OR (C) of this section, sections 519.02 to 519.25
of the Revised Code confer no power on any board of township trustees or
board of zoning appeals in respect to the location, erection,
construction, reconstruction, change, alteration, maintenance,
removal, use, or enlargement of any buildings or structures of
any public utility or railroad, whether publicly or privately
owned, or the use of land by any public utility or railroad, for
the operation of its business.
(B)(1) As used in this division, "telecommunications tower" means
any free-standing structure, or any structure to be attached to a building or
other
structure, that meets all of the following criteria:
(a) The free-standing or attached structure is proposed to be
constructed on or after the effective date of this amendment
OCTOBER 31, 1996.
(b) The free-standing or attached structure is proposed to be
owned or principally used by a public utility engaged in the provision of
telecommunications services.
(c) The free-standing or attached structure is proposed to be
located in an unincorporated area of a township, in an area zoned for
residential use.
(d)(i) The free-standing structure is proposed to top at
a height that is greater than either the maximum allowable height of
residential structures within the zoned area as
set forth in the applicable zoning regulations, or the maximum allowable
height of such a free-standing structure as set forth in any applicable zoning
regulations in effect immediately prior to the effective date of this
amendment OCTOBER 31, 1996, or as those
regulations subsequently are amended.
(ii) The attached structure is proposed to top at
a height that is greater than either the height of the building or other
structure to which it is to be attached, or the maximum allowable height of
such an attached structure as set forth in any applicable zoning regulations
in effect immediately prior to the effective date of this amendment
OCTOBER 31, 1996, or as those regulations
subsequently are amended.
(e) The free-standing or attached structure is proposed to
have attached to it radio frequency transmission or reception equipment.
(2) Sections 519.02 to 519.25 of the Revised Code confer power on a board of
township
trustees
or board of zoning appeals with respect to the location, erection,
construction, reconstruction, change, alteration, removal, or enlargement of a
telecommunications tower, but not with respect to the maintenance or use of
such a tower or any change or alteration that would not substantially increase
the tower's height. However, the power so conferred shall apply to a
particular telecommunications tower only upon the provision of a notice, in
accordance with division (B)(4)(a) of this section,
to the person proposing to construct the tower.
(3) Any person who plans to construct a telecommunications tower to which
township zoning regulations apply under section 303.22 of the Revised Code shall provide both
of the following by certified mail:
(a) Written notice to each owner of property, as shown on the
county auditor's current tax list, whose land is contiguous to or directly
across a street or roadway from the property on which the tower is proposed to
be constructed, stating all of the following in clear and concise language:
(i) The person's intent to construct the tower;
(ii) A description of the property sufficient to identify the
proposed location;
(iii) That, no later than fifteen days after the date of mailing
of the notice, any such property owner may give written notice to the board of
township trustees requesting that sections 519.02 to 519.25 of the Revised Code apply to the
proposed location of the tower as provided under division
(B)(4)(a) of this section.
If the notice to a property owner is returned unclaimed or refused, the
person shall mail the notice by regular mail. The failure of delivery of the
notice does not invalidate the notice.
(b) Written notice to the board of township trustees of the
information specified in divisions (B)(3)(a)(i)
and (ii) of this section. The notice to the board also shall
include verification that the person has complied with division
(B)(3)(a) of this section.
(4)(a) If the board of township trustees receives notice from a
property owner under division (B)(3)(a)(iii)
of this section within the time specified in that division or if a board
member makes an objection to the proposed location of the telecommunications
tower within fifteen days after the date of mailing of the notice sent under
division (B)(3)(b) of this section, the board shall
request that the clerk of the township send the person proposing to construct
the tower written notice that the tower is subject to the power conferred by
and in accordance with division (B)(2) of this section. The notice
shall be sent no later
than five days after the earlier of the date the board first receives such a
notice from a property owner or the date upon which a board member makes an
objection. Upon the date of mailing of the notice to the person, sections
519.02 to 519.25 of the Revised Code shall apply to the tower.
(b) If the board of township trustees receives no notice under
division (B)(3)(a)(iii) of this section
within the time prescribed by that division or no board member has an
objection as provided under division (B)(4)(a) of
this section within the time prescribed by that division, division
(A) of this section shall apply to the tower without exception.
(C) SECTIONS 519.02 TO 519.25 OF THE
REVISED CODE CONFER POWER ON A BOARD OF
TOWNSHIP TRUSTEES OR BOARD OF ZONING APPEALS WITH RESPECT TO THE
LOCATION, ERECTION, CONSTRUCTION, RECONSTRUCTION, CHANGE,
ALTERATION, MAINTENANCE, REMOVAL, USE, OR ENLARGEMENT OF ANY
BUILDINGS OR STRUCTURES OF A PUBLIC UTILITY ENGAGED IN THE
BUSINESS OF TRANSPORTING PERSONS OR PROPERTY, OR BOTH, OR
PROVIDING OR FURNISHING SUCH TRANSPORTATION SERVICE, OVER ANY
PUBLIC STREET, ROAD, OR HIGHWAY IN THIS STATE, AND WITH RESPECT
TO THE USE OF LAND BY ANY SUCH PUBLIC UTILITY FOR THE OPERATION
OF ITS BUSINESS, TO THE EXTENT THAT ANY EXERCISE OF SUCH POWER
IS REASONABLE AND NOT INCONSISTENT WITH CHAPTERS 4901., 4903., 4905.,
4909., 4921., AND 4923. OF THE
REVISED CODE. HOWEVER, THIS DIVISION
CONFERS NO POWER ON A BOARD OF COUNTY COMMISSIONERS OR BOARD OF
ZONING APPEALS WITH RESPECT TO A BUILDING OR STRUCTURE OF, OR
THE USE OF LAND BY, A PERSON ENGAGED IN THE TRANSPORTATION OF
FARM SUPPLIES TO THE FARM OR FARM PRODUCTS FROM FARM TO MARKET
OR TO FOOD FABRICATING PLANTS.
(D) Sections 519.02 to 519.25 of the Revised Code confer no
power on any township zoning commission, board of township trustees, or board
of zoning appeals to prohibit the sale or use of alcoholic beverages in
areas where the establishment and operation of any retail
business, hotel, lunchroom, or restaurant is permitted.
(D)(E) Sections 519.02 to 519.25 of the Revised Code do not
confer any power on any township zoning commission, board of township
trustees, or board of zoning
appeals to prohibit the use of any land owned or leased by an
industrial firm for the conduct of oil or natural gas well
drilling or production activities or the location of associated
facilities or equipment when such oil or natural gas obtained by
the industrial firm is used for the operation of its own plants.
Sec. 1345.01. As used in sections 1345.01 to 1345.13 of
the Revised Code:
(A) "Consumer transaction" means a sale, lease,
assignment, award by chance, or other transfer of an item of
goods, a service, a franchise, or an intangible, to an individual
for purposes that are primarily personal, family, or household,
or solicitation to supply any of these things. "Consumer
transaction" does not include transactions between persons,
defined in sections DIVISIONS (A)(1), (2), AND (4) TO (14)
OF SECTION 4905.03 and IN SECTION 5725.01 of the Revised Code, and
their customers; transactions between certified public
accountants or public accountants and their clients; transactions
between attorneys, physicians, or dentists and their clients or
patients; and transactions between veterinarians and their
patients that pertain to medical treatment but not ancillary
services.
(B) "Person" includes an individual, corporation,
government, governmental subdivision or agency, business trust,
estate, trust, partnership, association, cooperative, or other
legal entity.
(C) "Supplier" means a seller, lessor, assignor,
franchisor, or other person engaged in the business of effecting
or soliciting consumer transactions, whether or not he THE
PERSON deals directly with the consumer.
(D) "Consumer" means a person who engages in a consumer
transaction with a supplier.
(E) "Knowledge" means actual awareness, but such actual
awareness may be inferred where objective manifestations indicate
that the individual involved acted with such awareness.
Sec. 4921.35. AS USED IN SECTIONS 4921.35 TO 4921.40 OF
THE REVISED CODE:
(A) "HOUSEHOLD GOODS" MEANS
PERSONAL EFFECTS AND PROPERTY USED OR TO BE USED IN A DWELLING,
EXCLUDING PROPERTY
MOVING FROM FACTORY OR STORE EXCEPT SUCH PROPERTY AS THE
HOUSEHOLDER HAS PURCHASED WITH INTENT TO USE IN THE HOUSEHOLDER'S DWELLING AND
HAS REQUESTED BE TRANSPORTED AND FOR WHICH THE HOUSEHOLDER HAS PAID
TRANSPORTATION CHARGES TO THE CARRIER.
(B) "MOTOR
TRANSPORTATION COMPANY" AND "PRIVATE MOTOR CARRIER" HAVE THE
SAME MEANINGS AS IN SECTIONS 4921.02 AND 4923.02 OF THE
REVISED CODE, RESPECTIVELY, EXCEPT THAT
THEY RESPECTIVELY INCLUDE ANY PERSON OTHERWISE EXEMPTED UNDER
DIVISION (A)(2) OF SECTION
4921.02 AND DIVISION (A)(2) OF
SECTION 4923.02 OF THE REVISED CODE.
(C) "PERSON" HAS THE SAME MEANING AS IN SECTION 1.59 OF THE
REVISED CODE.
Sec. 4921.36. EXCEPT AS OTHERWISE PROVIDED
IN SECTIONS 4921.35 TO 4921.40 OF THE
REVISED CODE, A MOTOR TRANSPORTATION
COMPANY ENGAGED, FOR HIRE, IN THE BUSINESS OF TRANSPORTING
HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS STATE:
(A) IS SUBJECT TO SECTIONS 4921.01 TO 4921.32 OF THE
REVISED CODE AND TO ALL OTHER
PROVISIONS OF THE REVISED CODE APPLICABLE TO A MOTOR
TRANSPORTATION COMPANY THAT IS SUBJECT TO SECTIONS 4921.01 TO
4921.32 OF THE REVISED CODE, INCLUDING SECTIONS
1345.01 TO 1345.13, 4506.22, 4511.78, 5502.01, 5503.02, AND
5503.34 OF THE REVISED CODE;
(B) IS NOT A PUBLIC
UTILITY AS DEFINED IN SECTION 4905.02 OF THE
REVISED CODE EXCEPT FOR PURPOSES OF
CHAPTERS 4901. AND 4903. OF THE REVISED CODE;
(C) IS NOT A PUBLIC UTILITY AS DEFINED IN SECTION 4911.02 OF THE
REVISED CODE.
Sec. 4921.37. NOTWITHSTANDING ANY PROVISION
OF THIS CHAPTER OR CHAPTERS 4901. TO 4909. AND 4923. OF THE
REVISED CODE TO THE CONTRARY:
(A) NO LATER THAN THREE
MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE PUBLIC
UTILITIES COMMISSION, IN ACCORDANCE WITH SECTIONS 4921.35 TO
4921.40 OF THE REVISED CODE, SHALL ESTABLISH BY ORDER
A CERTIFICATION SYSTEM FOR MOTOR TRANSPORTATION COMPANIES AND
PRIVATE MOTOR CARRIERS ENGAGED, FOR HIRE, IN THE BUSINESS OF
TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS
STATE. ON THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION
SHALL CEASE APPROVING UNDER SECTIONS 4921.01 TO 4921.32 OR
SECTIONS 4923.01 TO 4923.20 OF THE REVISED CODE APPLICATIONS
FOR A CERTIFICATE AS A MOTOR TRANSPORTATION COMPANY OR PRIVATE MOTOR
CARRIER ENGAGED IN SUCH BUSINESS.
(B) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C) OF
THIS SECTION, BEGINNING ON THE EFFECTIVE DATE OF THE ORDER OF
THE COMMISSION AS INITIALLY ISSUED UNDER DIVISION
(A) OF THIS SECTION, NO MOTOR
TRANSPORTATION COMPANY OR PRIVATE MOTOR CARRIER SHALL ENGAGE,
FOR HIRE, IN THE BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A
PUBLIC HIGHWAY IN THIS STATE WITHOUT FIRST HOLDING A VALID
CERTIFICATE ISSUED BY THE PUBLIC UTILITIES COMMISSION PURSUANT
TO SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE.
(C) A MOTOR TRANSPORTATION COMPANY OR PRIVATE MOTOR CARRIER
ENGAGED, FOR HIRE, IN THE BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A
PUBLIC HIGHWAY IN THIS STATE PURSUANT TO A CERTIFICATE ISSUED BEFORE THE
EFFECTIVE DATE OF THIS SECTION BY THE COMMISSION UNDER SECTIONS 4921.01 TO
4921.32 OR SECTIONS 4923.01 TO 4923.20 OF THE REVISED CODE,
RESPECTIVELY, MAY CONTINUE TO ENGAGE IN SUCH BUSINESS UNDER THE TERMS AND
CONDITIONS OF THE CERTIFICATE AS THEY APPLY TO THE CERTIFICATE
HOLDER, PROVIDED THE COMPANY OR CARRIER FILES AN APPLICATION
WITH THE COMMISSION, NOT LATER THAN ONE MONTH AFTER THE
EFFECTIVE DATE OF THE ORDER INITIALLY ISSUED BY THE COMMISSION
UNDER DIVISION (A) OF THIS
SECTION, FOR A CERTIFICATE UNDER SECTIONS 4921.35 TO 4921.40 OF
THE REVISED CODE. HOWEVER, THE COMPANY OR
CARRIER MAY SO CONTINUE TO ENGAGE IN SUCH BUSINESS ONLY UNTIL
THE LATER OF THE DATE OF THE EXPIRATION OF THAT MONTH OR THE
EFFECTIVE DATE OF THE COMMISSION'S APPROVAL OR DISAPPROVAL OF
THE COMPANY'S OR CARRIER'S APPLICATION FILED WITHIN THAT MONTH.
UPON THE APPLICABLE LATER DATE, THE COMPANY'S OR CARRIER'S
EXISTING CERTIFICATE EXPIRES BY OPERATION OF LAW. NOTHING IN
THIS DIVISION OR IN THE TERMS OR CONDITIONS OF SUCH AN EXISTING
CERTIFICATE AFFECTS THE RIGHT OF ANOTHER PERSON TO APPLY FOR, OR
THE AUTHORITY OF THE COMMISSION TO GRANT TO SUCH PERSON, AS OF
THE EFFECTIVE DATE OF THE INITIAL ORDER, A CERTIFICATE UNDER
SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE.
(D) NO MOTOR
TRANSPORTATION COMPANY OR PRIVATE MOTOR CARRIER SHALL FAIL TO
COMPLY WITH DIVISION (B) OR (C) OF THIS SECTION OR THE ORDER
OF THE COMMISSION ISSUED UNDER DIVISION (A) OF THIS SECTION.
Sec. 4921.38. (A) THE PUBLIC UTILITIES
COMMISSION SHALL APPROVE AN APPLICATION FOR A CERTIFICATE UNDER
SECTIONS 4921.35 TO 4921.40 OF THE
REVISED CODE, AND SHALL ISSUE AN
INITIAL CERTIFICATE, PROVIDED THE APPLICANT MOTOR TRANSPORTATION
COMPANY OR PRIVATE MOTOR CARRIER PROPOSING TO ENGAGE, FOR HIRE,
IN THE BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC
HIGHWAY IN THIS STATE SUBMITS TO THE COMMISSION A COMPLETED
APPLICATION, ON A FORM PRESCRIBED BY THE COMMISSION, THAT INCLUDES
ONE COPY OF EACH OF THE FOLLOWING DOCUMENTS:
(1) THE APPLICANT'S CURRENT PROOF OF WORKERS'
COMPENSATION COVERAGE PURSUANT TO CHAPTER 4123. OF THE
REVISED CODE;
(2) THE APPLICANT'S CURRENT PROOF OF UNEMPLOYMENT
COMPENSATION COVERAGE PURSUANT TO CHAPTER 4141. OF THE
REVISED CODE;
(3) PROOF OF THE APPLICANT'S FINANCIAL RESPONSIBILITY
RELATING TO LIABILITY INSURANCE AND BOND REQUIREMENTS UNDER SECTION 4921.11 OR
4923.08 OF THE
REVISED CODE, AS APPLICABLE.
ONLY IF THE APPLICANT FAILS TO SUBMIT A COMPLETED
APPLICATION WITH THE REQUISITE DOCUMENTS, THE COMMISSION SHALL
DISAPPROVE THE APPLICATION AND DENY THE CERTIFICATE.
A CERTIFICATE ISSUED UNDER THIS DIVISION IS VALID FOR ONE
YEAR AND IS RENEWABLE ANNUALLY. THE COMMISSION SHALL ISSUE A
RENEWAL CERTIFICATE ON THE CONDITION THAT THE APPLICANT PROVIDES
PROOF, SATISFACTORY TO THE COMMISSION, THAT THE REQUIREMENTS FOR
THE INITIAL CERTIFICATE, AS PRESCRIBED IN THIS DIVISION, ARE
CURRENT, AND THE COMMISSION SHALL DENY A RENEWAL CERTIFICATE
ONLY IF SUCH CONDITION IS NOT MET.
(B) THE COMMISSION MAY
CHARGE SUCH FEE FOR AN INITIAL CERTIFICATE AS IT DETERMINES
REASONABLE, BUT NOT EXCEEDING THE COMMISSION'S COST OF
ADMINISTERING SUCH CERTIFICATION. THE COMMISSION MAY CHARGE A
REASONABLE FEE TO RENEW A CERTIFICATE, WHICH FEE SHALL BE LESS
THAN THE FEE FOR AN INITIAL CERTIFICATE. THE COMMISSION MAY
PRORATE THE FEE FOR AN INITIAL CERTIFICATE SO THAT ALL RENEWALS
ARE DUE ON THE SAME DATE. ALL FEES COLLECTED BY THE COMMISSION
UNDER THIS DIVISION SHALL BE CREDITED TO THE HOUSEHOLD GOODS
MOVERS FUND IN THE STATE TREASURY, WHICH IS HEREBY CREATED, TO
BE USED EXCLUSIVELY BY THE COMMISSION FOR THE PURPOSE OF
ADMINISTERING SECTIONS 4921.35 TO 4921.40 OF THE
REVISED CODE.
(C) THE COMMISSION MAY
REVOKE AN INITIAL OR RENEWAL CERTIFICATE ISSUED UNDER DIVISION
(A) OF THIS SECTION UPON AT
LEAST FIFTEEN DAYS' ADVANCE NOTICE TO THE HOLDER AFTER
PROVIDING THE HOLDER WITH NOTICE AND AN OPPORTUNITY FOR A HEARING AND ONLY
UPON A FINDING BY THE COMMISSION THAT THE HOLDER HAS FAILED TO
MAINTAIN THE PROOF REQUIRED BY DIVISION (A)(1), (2), OR (3) OF THIS
SECTION.
Sec. 4921.39. EACH HOLDER OF AN INITIAL OR
RENEWAL CERTIFICATE ISSUED UNDER SECTIONS 4921.35 TO 4921.40 OF
THE REVISED CODE SHALL DO ALL OF THE
FOLLOWING:
(A) MAKE ITS CURRENT
CERTIFICATE AVAILABLE FOR PUBLIC INSPECTION DURING NORMAL
BUSINESS HOURS;
(B) PRESENT EACH OF ITS
CUSTOMERS WITH INFORMATION, WRITTEN IN PLAIN AND CLEAR LANGUAGE,
OUTLINING A CONSUMER'S RIGHTS UNDER SECTIONS 1345.01 TO 1345.13
OF THE REVISED CODE;
(C) MAINTAIN TARIFFS FOR
ALL SERVICES PROVIDED UNDER ITS CERTIFICATE. NO SUCH TARIFF IS
SUBJECT TO APPROVAL OR DISAPPROVAL, OR IS OTHERWISE REGULATED,
BY THE PUBLIC UTILITIES COMMISSION EXCEPT AS OTHERWISE PROVIDED
IN SECTION 4921.40 OF THE
REVISED CODE, AND NO SUCH TARIFF SHALL
BE ADJUSTED MORE THAN ONCE IN A THIRTY-DAY PERIOD. A TARIFF
SHALL STATE IN CLEAR AND PLAIN LANGUAGE ALL CHARGES AND ALL
METHODS OF COMPUTING THOSE CHARGES. EACH CERTIFICATE HOLDER
SHALL MAKE A COPY OF ITS TARIFFS AVAILABLE FOR PUBLIC INSPECTION
DURING NORMAL BUSINESS HOURS.
Sec. 4921.40. (A) A MOTOR TRANSPORTATION
COMPANY THAT IS A HOLDER OF AN INITIAL OR RENEWAL CERTIFICATE
ISSUED UNDER SECTIONS 4921.35 TO 4921.40 OF THE
REVISED CODE MAY ENTER WITH ONE OR MORE
OTHER SUCH CERTIFICATE HOLDERS INTO AN AGREEMENT FOR THE
ESTABLISHMENT OF COLLECTIVE ACTIVITIES DESCRIBED IN 49
U.S.C.A.
13703(a)(1)(A) TO (H). THE PUBLIC UTILITIES
COMMISSION SHALL APPROVE OR DISAPPROVE ANY SUCH AGREEMENT,
PRESCRIBE AND ENFORCE CONDITIONS OF APPROVAL, CONDUCT
INVESTIGATIONS, REVIEW, RENEW, AND OTHERWISE REGULATE WITH
RESPECT TO THE AGREEMENT, SUBJECT TO THE SAME PUBLIC INTEREST
STANDARD AND THE SAME AUTHORITY AS APPLY TO THE FEDERAL SURFACE
TRANSPORTATION BOARD AND AN AGREEMENT UNDER 49
U.S.C.A.
13703(a) TO (d), WITH
THE FOLLOWING EXCEPTIONS:
(1) ON THE FORTY-FIFTH DAY AFTER THE DATE OF FILING WITH
THE COMMISSION, AN AGREEMENT UNDER THIS DIVISION IS DEEMED
APPROVED BY OPERATION OF LAW UNLESS DISAPPROVED BY THE
COMMISSION BEFORE THAT TIME.
(2) CONDITIONS IMPOSED BY THE COMMISSION, IN THE MANNER
OF REASONABLE CONDITIONS UNDER 49 U.S.C.A.
13703(a)(3), SHALL ASSURE THAT THE AGREEMENT
FURTHERS A STATE TRANSPORTATION POLICY THAT IS PRESCRIBED BY THE
COMMISSION IN ITS ORDER ISSUED UNDER DIVISION
(A) OF SECTION 4921.37 OF THE
REVISED CODE AND IS CONSISTENT WITH THE
POLICY CONTAINED IN 49 U.S.C.A. 13101.
(3) AN AGREEMENT AMONG CERTIFICATE HOLDERS THAT HAS BEEN
ENTERED INTO AND APPROVED BY THE COMMISSION PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION IS DEEMED APPROVED UNDER DIVISION
(A) OF THIS SECTION BY
OPERATION OF LAW ON THE EFFECTIVE DATE OF THIS SECTION.
FOR THE PURPOSE OF DIVISION (A) OF THIS SECTION, THE
COMMISSION SHALL ESTABLISH IN ITS ORDER ISSUED UNDER DIVISION
(A) OF SECTION 4921.37 OF THE REVISED CODE THE SAME
PROCEDURES AS ARE PRESCRIBED UNDER 49
U.S.C.A.
13703(a) TO (d).
(B) AN AGREEMENT OR
RENEWAL OF AN AGREEMENT APPROVED PURSUANT TO DIVISION
(A) OF THIS SECTION MAY BE MADE
AND CARRIED OUT UNDER ITS TERMS AND UNDER THE CONDITIONS
REQUIRED BY THE COMMISSION, AND CHAPTER 1313. OF THE
REVISED CODE DOES NOT APPLY, TO PARTIES
AND OTHER PERSONS WITH RESPECT TO MAKING OR CARRYING OUT THE
AGREEMENT, TO THE SAME EXTENT FEDERAL ANTITRUST LAWS DO NOT
APPLY UNDER 49
U.S.C.A.
13703(a)(6) AND (c) TO
AN AGREEMENT UNDER 49 U.S.C.A. 13703(a) TO
(d).
Sec. 4921.99. (A)(1) Except for those violations for which a
forfeiture is provided in section 4905.83 of the Revised Code, whoever
violates a provision of this chapter is liable
to the state for a forfeiture of not more than ten thousand dollars for each
day of each violation. The public utilities commission, after providing
reasonable notice and the opportunity for a hearing in accordance with the
procedural rules adopted under section 4901.13 of the Revised Code, shall
assess, by order, a
forfeiture upon a person who the commission determines, by a preponderance of
the evidence, committed the violation.
In determining the amount of the forfeiture for a violation discovered during
a roadside inspection, the commission shall be consistent with the recommended
fine or penalty
schedule and recommended civil penalty procedure adopted by the commercial
vehicle safety alliance, but shall not exceed one thousand dollars. In
determining the
amount of the forfeiture for a violation discovered during a compliance review
of fixed facilities, the commission shall be consistent with the civil penalty
guidelines adopted by the United States department of
transportation's federal highway administration, but shall not exceed ten
thousand dollars. THE FORFEITURE FOR A VIOLATION OF DIVISION (D)
OF SECTION 4921.37 of the Revised Code SHALL NOT EXCEED ONE THOUSAND DOLLARS.
The attorney general, upon the written request of the commission, shall
bring a civil action in the court of common pleas of Franklin county
to collect a forfeiture assessed under this section. The commission shall
account for the forfeitures collected under this section and pay them to the
treasurer of state pursuant to section 4923.12 of the Revised Code.
(2) The attorney general, upon the written request of the commission,
shall
bring an action for injunctive relief in the court of common pleas of
Franklin county against any person who has violated or is violating
any order issued by the commission to secure compliance with a provision of
this chapter. The court of common pleas of Franklin county has
jurisdiction to and may grant preliminary and permanent injunctive relief upon
a showing that the person against whom the action is brought has violated or is
violating any order issued by the commission to secure compliance with this
chapter. The court shall give precedence to such an action over all other
cases.
(B) The amount of any forfeiture may be compromised at any time
prior to collection of the
forfeiture. The commission shall adopt rules governing the manner in which
the
amount of a forfeiture may be established by agreement prior to the hearing on
the forfeiture before the commission.
(C) The proceedings of the commission specified in division
(A) of this section are subject to and governed by Chapter
4903. of the Revised Code, except as otherwise specifically provided in this section. The
court of appeals of Franklin county has exclusive, original
jurisdiction to review, modify, or vacate an order of the commission issued to
secure compliance with a provision of this chapter and an order issued under
division (A)(1) of this section assessing a forfeiture. The court of
appeals shall hear and determine those appeals in the same manner, and under
the same standards, as the supreme court hears and determines appeals under
Chapter 4903. of the Revised Code.
The judgment of the court of appeals is final and conclusive unless
reversed, vacated, or modified on appeal. Such appeals may be taken either by
the commission or the person to whom the compliance order or forfeiture
assessment was issued and shall proceed as in the case of appeals in civil
actions as provided in the Rules of Appellate
Procedure and Chapter 2505. of the Revised Code.
(D) Section 4903.11 of the Revised Code does not apply to an appeal of an
order issued to secure compliance with this chapter or an order issued under
division
(A)(1) of this section assessing a forfeiture. Any person to whom any
such order is issued who wishes to contest the compliance order, the fact of
the
violation, or the amount of the forfeiture shall file a notice of appeal,
setting forth the order appealed from and the errors complained of, within
sixty days after the entry of the order upon the journal of the commission.
The notice of appeal shall be served, unless waived, upon the chairman
CHAIRPERSON of the commission or, in the event of his THE
CHAIRPERSON'S absence, upon any public utilities
commissioner, or by leaving a copy at the office of the commission at
Columbus. An order issued by the commission to secure compliance with
a provision of this chapter or an order issued under division (A)(1)
of this section assessing a forfeiture shall be reversed, vacated, or modified
on appeal if, upon consideration of the record, the court is of the opinion
that the order was unlawful or unreasonable.
Sec. 4923.25. (A) AS USED IN THIS SECTION,
"HOUSEHOLD GOODS" AND "PRIVATE MOTOR CARRIER" HAVE THE SAME
MEANINGS AS IN SECTION 4921.35 OF THE REVISED CODE.
(B) EXCEPT AS OTHERWISE
PROVIDED IN SECTIONS 4921.35 TO 4921.40 OF THE
REVISED CODE, A PRIVATE MOTOR CARRIER
ENGAGED, FOR HIRE, IN THE BUSINESS OF TRANSPORTING HOUSEHOLD
GOODS OVER A PUBLIC HIGHWAY IN THIS STATE IS SUBJECT TO SECTIONS
4923.01 TO 4923.20 OF THE
REVISED CODE AND TO ALL OTHER
PROVISIONS OF THE REVISED
CODE APPLICABLE TO A PRIVATE
MOTOR CARRIER THAT IS SUBJECT TO SECTIONS 4923.01 TO 4923.20 OF
THE REVISED CODE, INCLUDING SECTIONS
1345.01 TO 1345.13, 4506.22, 4511.78, 5502.01, 5503.02, AND
5503.34 OF THE REVISED CODE.
Section 2. That existing sections
303.211, 519.211, 1345.01, and 4921.99 of the
Revised Code are hereby repealed.
Section 3. No later than thirty days after the effective date
of Section 1 of this act, the Public Utilities Commission shall
publish notice in a newspaper of general circulation in each
county in this state for two consecutive weeks, summarizing the
substance of the general provisions of Section 1 of this act,
for the purpose of informing consumers and household goods
movers of those provisions.
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