Ohio § 4169.06

§ 4169.06.

(A) When facts are presented to the division of industrial compliance in the department

of commerce that indicate that immediate danger exists in the continued operation

of a passenger tramway, the division, after such verification of the facts as is practical

under the circumstances and consistent with immediate public safety, may by an emergency

written order require the operator of the tramway to cease using the tramway immediately

for the transportation of passengers.  Any person may serve notice on the operator or the operator's agent who is in immediate

control of the tramway by delivering a true and attested copy of the order, and the

operator or the operator's agent shall furnish proof of receipt of such notice by

signing an affidavit on the back of the copy of the order.  The emergency order shall be effective for a period not to exceed forty-eight hours

from the time of notification. (B) Immediately after the issuance of an emergency order pursuant to this section, the

division shall investigate the facts of the case.  If the division finds that a violation of any of its rules exists or that a condition

in passenger tramway construction, maintenance, or mechanical operation exists that

endangers public safety, it shall issue a written order setting forth its findings

and the corrective action to be taken and fixing a reasonable time for compliance. (C) After an investigation pursuant to division (B) of this section, if the division

determines that danger to public safety exists in the continued operation of a passenger

tramway, it shall so state in the order, describe in detail the basis for its findings,

and in the order may require the operator not to operate the tramway until the operator

has taken the corrective action ordered pursuant to this section.  If the operator continues to use the tramway following receipt of such order, the

division may request the court of common pleas having jurisdiction in the county where

the tramway is located to issue an injunction forbidding operation of the tramway. (D) An operator of a passenger tramway may request a hearing by the division on any order

issued pursuant to this chapter and may appeal the results of such a hearing in accordance

with Chapter 119. of the Revised Code.  An operator may appeal an order suspending the operation of the operator's tramway

without first requesting a hearing. (E) If an operator fails to comply with an order of the division issued pursuant to this

chapter within the specified time, the division may suspend the registration certificate

of the operator for such time as it considers necessary to gain compliance with its

order. No operator shall operate a passenger tramway while the operator's registration certificate

is under suspension by the division.