Ohio Admin. Code 4901:2-7-11 - Settlement agreements
(A) Should the staff and the respondent reach
agreement regarding the occurrence of a violation, the amount of a forfeiture
to be assessed, or the nature of a compliance order to be made, the agreement
may be reduced to writing in a "settlement agreement."
Such
Where an
agreement shall be
is signed by the director and by the respondent,
and shall be
it
is fully binding upon the commission and the respondent upon execution,
except as otherwise provided in this rule.
(B) A settlement agreement may contain an
agreed forfeiture, an agreed compliance order, another agreed remedy, or
withdrawal of the violation, regardless of the remedy specified in the notice
of apparent violation, notice of intent to assess forfeiture, notice of intent
to make compliance order, or a combined notice.
(C) Settlement agreements providing for the
payment of forfeitures of ten thousand dollars or more for any violation
shall
are not
be effective until approved by and made the
order of the commission.
(D) In
negotiating a settlement agreement, staff may consider any matters as justice
may require, including, but not limited to:
(1) Mitigating circumstances relevant to the
occurrence of the violation.
(2)
The respondent's ability to pay.
(3) The effect on the respondent's ability to
continue in business.
(4)
Imposition of remedies to assure future compliance other than those specified
in the notice.
(E)
Notwithstanding paragraph (A) of rule
4901:2-7-11 of the
Administrative Code, a respondent shall be
is deemed to have accepted the terms of a
settlement agreement, if the settlement agreement only requires the respondent
to pay an agreed forfeiture and the respondent pays that forfeiture.
Notes
Promulgated Under: 111.15
Statutory Authority: 4905.81, 4923.04, 4923.99
Rule Amplifies: 4905.81, 4923.04, 4923.99
Prior Effective Dates: 09/28/1988 (Emer.), 12/23/1988, 10/22/2007, 09/05/2011, 07/22/2016, 06/06/2022
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