Ohio § 1509.224

§ 1509.224.

(A) In addition to any other remedies provided in this chapter, if the chief of the division

of oil and gas resources management has reason to believe that a pattern of the same

or similar violations of any requirements of section 1509.22 , 1509.222 , or 1509.223 of the Revised Code , or any rule adopted thereunder or term or condition of the registration certificate

issued thereunder exists or has existed, and the violations are caused by the transporter's

indifference, lack of diligence, or lack of reasonable care, or are willfully caused

by the transporter, the chief shall immediately issue an order to the transporter

to show cause why the certificate should not be suspended or revoked.  After the issuance of the order, the chief shall provide the transporter an opportunity

to be heard and to present evidence at an informal hearing conducted by the chief.  If, at the conclusion of the hearing, the chief finds that such a pattern of violations

exists or has existed, the chief shall issue an order suspending or revoking the transporter's

registration certificate.  An order suspending or revoking a certificate under this section may be appealed

under sections 1509.36 and 1509.37 of the Revised Code , or notwithstanding any other provision of this chapter, may be appealed directly

to the court of common pleas of Franklin county. (B) Before issuing an order denying a registration certificate;  approving or denying

approval of an application for revision of a registered transporter's plan for disposal;

 or to implement, administer, or enforce section 1509.22 , 1509.222 , 1509.223 , 1509.225 , or 1509.226 of the Revised Code and rules and terms and conditions of registration certificates adopted or issued

thereunder pertaining to the transportation of brine by vehicle and the disposal of

brine so transported, the chief shall issue a preliminary order indicating the chief's

intent to issue a final order.  The preliminary order shall clearly state the nature of the chief's proposed action

and the findings on which it is based and shall state that the preliminary order becomes

a final order thirty days after its issuance unless the person to whom the preliminary

order is directed submits to the chief a written request for an informal hearing before

the chief within that thirty-day period.  At the hearing the person may present evidence as to why the preliminary order should

be revoked or modified.  Based upon the findings from the informal hearing, the chief shall revoke, issue,

or modify and issue the preliminary order as a final order.  A final order may be appealed under sections 1509.36 and 1509.37 of the Revised Code .