Ohio Administrative Code|Rule 4901:2-7-07 | Notice of intent to assess forfeiture.

                                                

(A) Within ninety days of the receipt of
a report of violation, or the discovery of a violation, but no later than one
year following the date the violation occurred, the staff may serve a
"notice of intent to assess forfeiture" for that violation upon one
or more respondents. The notice of intent to assess forfeiture shall
contain:

(1) An identification of
the date of the violation and person, vehicle, or facility concerning which the
violation occurred.

(2) Reference to the
statute, rule or regulation, or order of the commission that was
violated.

(3) A brief description
of the manner in which the violation is alleged to have occurred.

(4) The amount of the
forfeiture intended to be assessed.

(5) A statement that
respondent's failure to serve a timely request for conference shall
constitute a waiver of respondent's right to further contest liability to
the state for the forfeiture described in the notice.

(6) A description of the
manner in which the respondent may make payment of the forfeiture.

(7) Instructions
regarding the manner in which the respondent may serve a timely request for
conference to contest the occurrence of the violation or the amount of the
forfeiture.

(B) In determining the amount of any
forfeiture to be assessed, staff shall consider:

(1) The nature and
circumstances of the violation.

(2) The extent and
gravity of the violation.

(3) The degree of the
respondent's culpability.

(4) The respondent's
history of violations, and any other available information concerning the
respondent's operations.

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