Ohio Code 5537.041 – Appeal of turnpike invoice
(A)(1) A person that receives an invoice from the Ohio turnpike and infrastructure commission may request an administrative hearing with the commission at the commission’s principal office to dispute the invoice. The person may present evidence at the hearing.
Terms Used In Ohio Code 5537.041
- 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.
- Commission: means the Ohio turnpike and infrastructure commission created by section 5537. See Ohio Code 5537.01
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
(2) Notwithstanding sections 1901.18, 1901.20, 1907.02, and 1907.031 of the Revised Code, the commission has exclusive original jurisdiction over a dispute regarding an invoice issued by the commission in accordance with the rules adopted under section 5537.04 of the Revised Code.
(3) The commission shall grant a hearing to any person that requests one under this section. The commission shall send reasonable notice in advance to the requestor of the time, date, and location of the hearing. The commission may appoint a hearing officer to administer any requested hearings.
(4) A person forfeits the right to an administrative hearing or appeal if either of the following occur:
(a) The person does not respond within sixty days after the second invoice is issued in accordance with the rules adopted under section 5537.04 of the Revised Code.
(b) The person fails to appear at the requested hearing.
(5) The decision of the commission or its designated hearing officer is presumed final unless it is reversed on appeal. A person may appeal the decision in accordance with Chapter 2506 of the Revised Code. Any such appeal shall be commenced in the Cuyahoga county court of common pleas. The court’s decision is final and there is no further right to appeal that decision.
(B) In accordance with the rules adopted under section 5537.04 of the Revised Code, the commission may notify the registrar of motor vehicles if either of the following occur:
(1) A person fails to remit payment of a toll or fee or fails to dispute an invoice with the commission within sixty days after the provision of the second invoice in accordance with the rules adopted under section 5537.04 of the Revised Code;
(2) A person fails to pay any remaining balance due after appeal to the Cuyahoga county court of common pleas.
(C) If the registrar receives a notice from the commission under division (B) of this section, neither the registrar nor any deputy registrar shall accept any application for the registration or transfer of registration of any motor vehicle owned or leased by the person named in the notice, until the registrar receives notice from the commission that the remaining balance for the toll or fee has been paid or dismissed.
Last updated January 19, 2022 at 5:38 PM