1. (A) The underground technical committee shall review every report of the staff of the public utilities commission made available under section 4913.13 of the Revised Code or submitted under section 4913.16 of the Revised Code.

2. (B) Not later than ninety days after the committee obtains the staff's report under section 4913.13 of the Revised Code, the committee shall do any of the following:

   1. (1) Make a written recommendation to the commission as to the imposition of a fine, a penalty, or a combination of fines and penalties, in accordance with section 4913.151 of the Revised Code;
   2. (2) Determine that no enforcement action should be taken and notify the commission in writing of the determination;
   3. (3) Request a hearing under section 4913.19 of the Revised Code.

3. (C) There shall be a majority vote of the full committee, except as provided by section 3781.361 of the Revised Code, with at least one of the commercial-excavator stakeholders voting with the majority, for the committee to do any of the following:

   1. (1) Recommend a fine, penalty, or a combination of fines and penalties under this section or section 4913.16 of the Revised Code;
   2. (2) Determine, under this section or section 4913.16 of the Revised Code, that no enforcement action should be taken;
   3. (3) Request a hearing under section 4913.19 of the Revised Code. If the committee fails to achieve the required majority for any action described in division (C) of this section, it shall notify the commission.

Last updated February 19, 2025 at 11:17 AM