Section 4901:1-23-02 - Staff notice of probable noncompliance, proposed corrective action, and proposed forfeiture(A) After an inspection, investigation, or complaint, a staff notice of probable noncompliance may be issued. The staff notice of probable noncompliance may be issued with a proposed corrective action and/or a proposed forfeiture;(B) The staff may issue an amended notice of probable noncompliance, proposed corrective action, or proposed forfeiture at any time prior to the commencement of a compliance proceeding or other commission proceeding brought pursuant to rule 4901:1-23-05 of the Administrative Code, in order to modify or include additional probable noncompliance or violations, facts, proposed forfeitures, and proposed compliance orders. Once the commission initiates a compliance or other proceeding pursuant to rule 4901:1-23-05 of the Administrative Code, this rule does not prevent the staff during the course of such proceeding, from seeking a finding of violations not listed in the staff notice or amended staff notice of probable noncompliance (or rescinding or refraining from seeking a finding of violations) or from seeking a corrective action or proposed forfeiture that varies from previous staff notices issued under this rule, provided that the staff's proposed findings and/or violations relate to the same incident, type of incident, investigation, or audit(s). Ohio Admin. Code 4901:1-23-02
Effective: 7/15/2024
Five Year Review (FYR) Dates: 4/30/2024 and 07/05/2029
Promulgated Under: 111.15
Statutory Authority: 4928.09, 4905.04, 4905.06, 4928.06, 4928.08, 4928.10, 4928.11, 4928.16
Rule Amplifies: 4928.16, 4928.06
Prior Effective Dates: 09/18/2000