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Instructions for Notice of Apparent Violation (NAV) and Notice of Intent to Assess Forfeiture (NIF)

You have received a combined "Notice of Apparent Violation" and "Notice of Intent to Assess Forfeiture" as described in Rule 4901:2-7-09, Ohio Administrative Code (O.A.C.). Within 30 days of receipt of this notice, you must either: (1) Pay the forfeiture amount indicated in the notice, or (2) Make a written request for conference. If you do not pay the forfeiture or request a conference within 30 days of receipt of the Notice of Intent to Assess Forfeiture, your case will be placed in our default process.

Both procedures are described below.  Please read them carefully.

1. How to Pay the Forfeiture

You may make payment of the forfeitures indicated in the Notice by company check or money order (no Canadian postal money orders) made payable to:  "Treasurer, State of

Ohio ", and must indicate the case number(s) for which payment is being made.  Please mail the payment to the following address:

Public Utilities Commission of Ohio
Attention:  Fiscal Division
180 East Broad Street
Columbus, OH 43215-3793

The casee number (or inspection number) and the company name must be written on the face of your check or money order.

2. How to Make a Request for Conference

If you believe that any of the violations described in the Notice did not occur as alleged, that any of the occurrences described did not constitute a violation of the safety rules, or that you were not responsible for the apparent violations, or if you wish to present mitigating circumstances regarding the amount of the forfeiture, you should make a "Request for Conference" as described in Rule 4901:2-7-10, O.A.C.,  Your "Request for Conference" must be in writing and must be mailed, faxed, or otherwise delivered within thirty days of your receipt of the "Notice of Intent to Assess Forfeiture" to the following address:

Public Utilities Commission of Ohio
Compliance Division
180 East Broad Street, 4th Floor
Columbus, OH 43215-3793
Email:  ConferenceRequest@puc.state.oh.us
Phone:  (614) 466-0351
Fax:  (614) 466-2753

Your request for conference must contain the "Case Number", which can be found at the top of the Notice Of Apparent Violation And Notice Of Intent To Assess Forfeiture letter.  Also, include the contact name, address and telephone number of the person to whom further communications regarding this matter should be directed. It should be designated as a "Request for Conference", should indicate your preference whether this matter be discussed by telephone, or in person, and should include any additional information you wish to submit at this time to support your position.

3. Failure to Make a Request for Conference

If you do not serve a timely "Request for Conference" in the manner described above, you will forfeit your right to contest liability to the State of

Ohio for the amount of the forfeitures set forth in the Notice. Moreover, the occurrence of the violations described in the Notice will be conclusively established for purposes of inclusion in your "history of violations".   Should the history of violations reveal an ongoing safety problem, the result may be an increase in the amount of any civil forfeiture assessed for future violations.

4. Violation Amounts, Codes and Violation Group

R.C. Sections 4905.83, 4919.99, 4921.99 and 4923.99 authorizes the Public Utilities Commission of Ohio to assess a civil forfeiture of up to $10,000 per day for any violation of the hazardous materials or safety rules discovered during a Compliance Review.  The amount of any forfeiture depends upon the nature, gravity, circumstances, and extent of the violation, the offender's degree of culpability for the violation, and the offender's history of violations.

"Code" in the Notice identifies the rule which was violated.  Numbers in a 100 or 300 series refer to specific sections of the Hazardous Materials Regulations or the Motor Carrier Safety Regulations, Title 49, Code of Federal Regulations.  Codes in other formats refer to violations of

Ohio rules.  Some section numbers may have suffixes beyond those which appear in the C.F.R.  These are used for internal data collection purposes.

“Violation Group” and “Total Amount Due” in the Notice identifies the numerical fine Group (1-4) of the code which was violated.  The total amount of fine for all violations is listed in the “Total”.  For additional information on the fine structure, contact the Compliance Division.

5. Violations 383.51, 383.52, 391.15, 392.10A3, 392.10A4, 395.13D, 396.9C and OAC 2-5-07D

If you are “convicted” of violating any of the following: 49 CFR 383.51, 383.52, 391.15, 392.10A3, 392.10A4, 395.13D, 396.9C2, or Ohio Administrative Code 2-5-07D, you will be disqualified from operating a commercial motor vehicle for a minimum of 60 days.  The federal regulations defines conviction as, “An unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.”

6. Violation No. 2-6-14(A) or 2-6-14(B) - Failure to File Uniform Hazmat Application

If you received this violation on the enclosed Notice, you are required to immediately file a Uniform Program Registration and Permit application for the transportation of hazardous material/hazardous waste.  Instructions are enclosed.  DO NOT combine your forfeiture payment with your registration fee.

7. Copies of Inspection Reports

A copy of the inspection report for the violations described in the Notice was given to the driver at the time of  the inspection.  The driver should have given that copy to you.  If not, you should complete and fax or email the request form:

Request for Inspection Copy

Please provide the following information and fax this request form to (614) 752-9274 or send an email to CMVReports@puc.state.oh.us.

Case Number

 

Inspection Date

 

Company Name

 

Contact Fax Number

 

Contact Name

 

Contact Phone Number