Ohio Code 4785.091 – Disciplinary actions [repealed 4/3/2033]
(A) The elevator safety review board may suspend or revoke a license issued pursuant to this chapter or subject the licensee to civil penalty if the board determines that one or more of the following applies to the licensee:
Terms Used In Ohio Code 4785.091
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Elevator: means a conveyance defined as an elevator in the elevators and escalators safety code. See Ohio Code 4785.01
- Fraud: Intentional deception resulting in injury to another.
- Registered mail: includes certified mail and "certified mail" includes registered mail. See Ohio Code 1.02
- Rule: includes regulation. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(1) The licensee has been convicted of or pleaded guilty to a crime of moral turpitude or disqualifying offense as those terms are defined in section 4776.10 of the Revised Code and the list adopted pursuant to division (A)(2) of section 4785.08 of the Revised Code.
(2) The licensee has violated any provision of this chapter.
(3) The licensee has violated any rule adopted pursuant to this chapter.
(4) The licensee has demonstrated incompetence or untrustworthiness.
(5) The licensee has engaged in fraud, misrepresentation, or deception in the conduct of business.
(6) The licensee has obtained or attempted to obtain a license or renewal of such license pursuant to this chapter by means of fraud, deception, or misrepresentation.
(7) The licensee has obtained or attempted to obtain an order, ruling, or authorization from the division of industrial compliance by means of fraud or misrepresentation.
(B)(1) An administrative action taken under division (A) of this section shall be made only after a hearing held by the board in accordance with Chapter 119 of the Revised Code.
(2) Notice of such a hearing shall be provided to the licensee in question at least ten days prior to the hearing at the last known address appearing on the license, served personally or by registered mail.
The notice shall state the date, hour, and place of the hearing and set forth a statement of facts constituting the grounds for the charges against the licensee.
(C) An individual against whom the board imposes a civil penalty pursuant to an adjudication under this section may appeal the order to the court of common pleas of Franklin county. The appeal is governed by section 119.12 of the Revised Code.
Last updated March 21, 2023 at 3:42 PM