Ohio § 921.25

§ 921.25.

(A)(1) Whenever the director of agriculture has cause to believe that any person has violated,

or is violating, this chapter or any rule or order adopted or issued under it, the

director may conduct a hearing in accordance with Chapter 119. of the Revised Code

to determine whether a violation has occurred.  Except as otherwise provided in division (A)(3) of this section, the director shall

assess a civil penalty against any person who violates this chapter or any rule or

order adopted or issued under it in accordance with the schedule of civil penalties

established in rules adopted under division (B) of section 921.16 of the Revised Code .  Each day a violation continues constitutes a separate and distinct violation. (2) In addition to assessing a civil penalty under division (A)(1) of this section, the

director may deny, modify, suspend, revoke, or refuse to renew a license, permit,

or registration issued under this chapter. (3) The civil penalty authorized under division (A)(1) of this section may be assessed

against the employer of a person who violates this chapter or any rule adopted or

order issued under it rather than against the person. Divisions (A)(1), (2), and (3) of this section do not affect, and shall not be construed

as affecting, any other civil or criminal liability of the employee or the employer

that may arise in consequence of the employer's or the employee's violation of this

chapter or any other law. (4) If the person or employer does not pay a civil penalty within a reasonable time after

its assessment, the attorney general, upon the request of the director, shall bring

a civil action to recover the amount of the penalty. (B)(1) In lieu of conducting a hearing under division (A) of this section, the director

may refer the violation to the attorney general who, except as otherwise provided

in division (B)(2) of this section, may bring a civil action against any person who

violates this chapter or any rule or order adopted or issued under it.  If the court determines that a violation has occurred, the court shall order the

person to pay a civil penalty for each violation, not to exceed five thousand dollars

for a first violation and not to exceed ten thousand dollars for each subsequent violation.  Each day a violation continues constitutes a separate and distinct violation. (2) The civil action authorized under division (B)(1) of this section may be brought

against the employer of a person who violates this chapter or any rule adopted or

order issued under it rather than against the person. Divisions (B)(1) and (2) of this section do not affect, and shall not be construed

as affecting, any other civil or criminal liability of the employee or the employer

that may arise in consequence of the employer's or employee's violation of this chapter

or any other law. (C) In addition to the remedies provided and irrespective of whether or not there exists

an adequate remedy at law, the director may apply to the court of common pleas for

a temporary or permanent injunction or other appropriate relief against continued

violation of this chapter. (D) The remedies available to the director and to the attorney general under this chapter

are cumulative and concurrent, and the exercise of one remedy by either the director

or the attorney general, or by both, does not preclude or require the exercise of

any other remedy by the director, the attorney general, or a prosecutor as defined

in section 2935.01 of the Revised Code , except that no person shall pay both a civil penalty under division (A) of this

section and a civil penalty under division (B) of this section for the same violation. (E) If a person violates this chapter or rules adopted under it, both of the following

apply: (1) The person is liable for the violation. (2) The employer of the person is liable for and may be convicted of the violation if

the person was acting on behalf of the employer and was acting within the scope of

the person's employment.