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Ohio Statutes, Title 49

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Title 49, Title 49. Public Utilities

34 chapters · 1,096 sections in this title.

All chapters in Title 491,096 Ch 4928, Chapter 4928 | Competitive Retail El…110 Ch 4905, Chapter 4905 | Public Utilities Comm…94 Ch 4909, Chapter 4909 | Public Utilities Comm…73 Ch 4907, Chapter 4907 | Public Utilities Comm…70 Ch 4951, Chapter 4951 | Street Railways And I…54 Ch 4955, Chapter 4955 | Tracks; Crossings52 Ch 4929, Chapter 4929 | Alternate Rate Plan F…47 Ch 4933, Chapter 4933 | Companies - Gas; Elec…45 Ch 4981, Chapter 4981 | Rail Development Comm…39 Ch 4957, Chapter 4957 | Elimination Of Crossings38 Ch 4961, Chapter 4961 | Special Powers Of Rai…37 Ch 4906, Chapter 4906 | Power Siting35 Ch 4903, Chapter 4903 | Public Utilities Comm…31 Ch 4913, Chapter 4913 | Public Utilities Comm…30

1,096 sections·Filtered byTitle 49✕

Ohio Rev. Code Ann. § 4901.01 Definitions
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As used in sections 4901.01 to 4901.24 of the Revised Code: (A) "Public utility" has the same meaning as in section 4905.02 of the Revised Code.(B) "Railroad" has the same meaning as in section 4907.02 of the Revised Code.
Ohio Rev. Code Ann. § 4901.02 Public utilities commission of Ohio
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(A) There is hereby created the public utilities commission of Ohio, by which name the commission may sue and be sued. The commission shall consist of five public utilities commissioners appointed by the governor with the advice and consent of the senate. The governor shall desig…
Ohio Rev. Code Ann. § 4901.021 Public utilities commission nominating council
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(A) There is hereby created a public utilities commission nominating council consisting of the following:(1) The chairperson of the consumers' counsel governing board;(2) The president of the accountancy board;(3) The chairperson of the state board of registration for professiona…
Ohio Rev. Code Ann. § 4901.03 Official seal
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The public utilities commission shall have a seal bearing the following inscription: "The Public Utilities Commission of Ohio." The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission directs. All courts shal…

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Ohio Rev. Code Ann. § 4901.04 Persons eligible to become commissioner

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No person in the employ of or holding any official relation to any person, corporation, or utility, which person, corporation, or utility is subject, in whole or in part, to regulation by the public utilities commission, and no person holding stocks or bonds of, or in any manner …

Ohio Rev. Code Ann. § 4901.05 Qualifications

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Each public utilities commissioner shall be a bona fide resident of this state and shall not, during the commissioner's term of office, hold any other office of trust or profit. No commissioner shall engage in any occupation or business inconsistent with the commissioner's duties…

Ohio Rev. Code Ann. § 4901.06 Oath - bond

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Before entering upon the duties of his office each public utilities commissioner shall take and subscribe to an oath of office, in writing, which shall be filed in the office of the secretary of state, and shall give a bond of five thousand dollars, with a sufficient surety appro…

Ohio Rev. Code Ann. § 4901.07 Removal of public utilities commissioner

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The governor may remove any public utilities commissioner for inefficiency, neglect of duty, or a failure to abide by sections 4901.04 or 4903.081 of the Revised Code, malfeasance in office, giving to such commissioner a copy of the charges against him and an opportunity to be pu…

Ohio Rev. Code Ann. § 4901.08 Quorum

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A majority of the public utilities commissioners constitutes a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the public utilities commission. No vacancy in the commission shall impair the right of the remaining co…

Ohio Rev. Code Ann. § 4901.09 Payment of expenses

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All expenses incurred by the public utilities commission pursuant to Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code, including the actual and necessary traveling and other expenses and disbursements of the commission, its officers and empl…

Ohio Rev. Code Ann. § 4901.10 Location of office - sessions

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The office of the public utilities commission shall be at the seat of government in Columbus, in suitable quarters provided by the state, and shall be open throughout the year, Saturdays, Sundays, and legal holidays excepted. The commission shall hold its sessions at least once i…

Ohio Rev. Code Ann. § 4901.11 Equipment and supplies

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The public utilities commission may procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus, and appliances, including telephone service, and may purchase from the interstate commerce commission blank forms for the use of railroads and othe…

Ohio Rev. Code Ann. § 4901.12 All proceedings public records

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Except as provided in section 149.43 of the Revised Code and as consistent with the purposes of Title XLIX of the Revised Code, all proceedings of the public utilities commission and all documents and records in its possession are public records.

Ohio Rev. Code Ann. § 4901.13 Publication of rules governing proceedings

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The public utilities commission may adopt and publish rules to govern its proceedings and to regulate the mode and manner of all valuations, tests, audits, inspections, investigations, and hearings relating to parties before it. All hearings shall be open to the public.

Ohio Rev. Code Ann. § 4901.14 Qualifications for practice in determination of transportation matters

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Any person who is a citizen of the United States who is a regular salaried employee of the person, firm, or corporation directly concerned, or a chamber of commerce in matters of a general character in which the majority of its members are directly concerned, and who manifests to…

Ohio Rev. Code Ann. § 4901.15 Information furnished by commission

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The public utilities commission shall, whenever called upon by any officer, board, or commission of this state or any political subdivision of this state, furnish any data or information to such officer, board, or commission and shall aid or assist any such officer, board, or com…

Ohio Rev. Code Ann. § 4901.16 Penalty for divulging information

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Except in his report to the public utilities commission or when called on to testify in any court or proceeding of the public utilities commission, no employee or agent referred to in section 4905.13 of the Revised Code shall divulge any information acquired by him in respect to …

Ohio Rev. Code Ann. § 4901.17 Legal adviser and attorney

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The attorney general shall be the legal adviser of the public utilities commission, but he shall designate, subject to the approval of the governor, one or more of his assistants to perform the services and discharge the duties of attorney to the commission. Such specially design…

Ohio Rev. Code Ann. § 4901.18 Examiners

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The public utilities commission shall appoint one or more examiners for the purpose of making any investigation or holding any inquiry or hearing which the commission is required or permitted to make or hold. Such examiners may administer oaths, take depositions, issue subpoenas,…

Ohio Rev. Code Ann. § 4901.19 Employees of commission - duties of secretary or other officer

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The public utilities commission may appoint a secretary, attorney examiners, experts, engineers, accountants, and such other officers as it considers necessary, who shall be in the classified civil service except for persons in attorney examiner or supervisory policy-making posit…

Ohio Rev. Code Ann. § 4901.21 Employment of Ohio state university engineers and experts

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In the employment of engineers, experts, or other assistants the public utilities commission may make use of engineers and experts employed in the Ohio state university in such manner as is provided by mutual arrangement between the commission and the trustees and faculty of such…

Ohio Rev. Code Ann. § 4901.22 Power of commissioners to administer oaths

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Each of the public utilities commissioners, for the purposes mentioned in Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4927. of the Revised Code, may administer oaths, certify to official acts, issue subpoenas, and compel the attendance of witnesses and the produ…

Ohio Rev. Code Ann. § 4901.23 Right of commissioners and employees to pass on vehicles of common carrier

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The public utilities commissioners and the attorney, secretary, other officers, and employees of the public utilities commission may, when in the performance of their official duties, pass free of charge on all railroads, cars, vessels, and other vehicles of every common carrier,…

Ohio Rev. Code Ann. § 4901.24 Acceptance of gifts prohibited

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No public utilities commissioner, attorney to the public utilities commission, secretary to the commission, or person employed or appointed to office by the commission or by its attorney shall accept any gift, gratuity, emolument, or employment from any public utility or railroad…

Ohio Rev. Code Ann. § 4901.99 Penalty

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(A) Whoever violates section 4901.16 of the Revised Code shall be fined not less than fifty nor more than one hundred dollars.

Ohio Rev. Code Ann. § 4903.01 Definitions

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As used in sections 4903.01 to 4903.25 of the Revised Code: (A) "Public utility" has the same meaning as in section 4905.02 of the Revised Code.(B) "Railroad" has the same meaning as in section 4907.02 of the Revised Code.

Ohio Rev. Code Ann. § 4903.02 Examination of witnesses - production of records

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The public utilities commission may, either through the public utilities commissioners or by inspectors or employees authorized by it, examine under oath, at any time and for assisting the commission in the performance of any powers or duties of the commission, any officer, agent…

Ohio Rev. Code Ann. § 4903.03 Examination of records

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The public utilities commission may, through the public utilities commissioners or by inspectors or employees authorized by it, examine all books, contracts, records, documents, and papers of any public utility, and by subpoena duces tecum may compel the production thereof, or of…

Ohio Rev. Code Ann. § 4903.04 Witnesses may be compelled to testify

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If a person disobeys an order of the public utilities commission or a public utilities commissioner, or a subpoena, or if a witness refuses to testify to any matter regarding which he may be lawfully interrogated, the court of common pleas of a county or a judge of such court, on…

Ohio Rev. Code Ann. § 4903.05 Witness fees and mileage

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Each witness who appears before the public utilities commission by its order shall receive the fees and mileage provided for under section 119.094 of the Revised Code, which shall be audited and paid by the state as other expenses are audited and paid, upon the presentation of pr…

Ohio Rev. Code Ann. § 4903.06 Depositions

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In an investigation, the public utilities commission or any party to the investigation may cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed for depositions in civil actions in the court of common pleas.

Ohio Rev. Code Ann. § 4903.07 Certified copy as evidence

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A transcribed copy of the evidence and proceedings on an investigation, or a specific part thereof, taken by a stenographer appointed by the public utilities commission, certified by such stenographer to be a true and correct transcript of such evidence and proceedings, and caref…

Ohio Rev. Code Ann. § 4903.08 Incrimination no excuse

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No person shall be excused from testifying or from producing accounts, books, and papers, in any hearing before the public utilities commission any public utilities commissioner, or any person appointed by the commission to investigate any matter under its jurisdiction, on the gr…

Ohio Rev. Code Ann. § 4903.081 Discussions of case after assignment of formal docket number

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After a case has been assigned a formal docket number neither a member of the public utilities commission nor any examiner associated with the case shall discuss the merits of the case with any party or intervenor to the proceeding, unless all parties and intervenors have been no…

Ohio Rev. Code Ann. § 4903.082 Right of discovery

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All parties and intervenors shall be granted ample rights of discovery. The present rules of the public utilities commission should be reviewed regularly by the commission to aid full and reasonable discovery by all parties. Without limiting the commission's discretion the Rules …

Ohio Rev. Code Ann. § 4903.083 Public hearings on increase in rates

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(A) For all cases involving applications for an increase in rates pursuant to section 4909.18 of the Revised Code the public utilities commission shall hold public hearings in each municipal corporation in the affected service area having a population in excess of one hundred tho…

Ohio Rev. Code Ann. § 4903.09 Written opinions filed by commission in all contested cases

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In all contested cases heard by the public utilities commission, a complete record of all of the proceedings shall be made, including a transcript of all testimony and of all exhibits, and the commission shall file, with the records of such cases, findings of fact and written opi…

Ohio Rev. Code Ann. § 4903.10 Application for rehearing

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After any order has been made by the public utilities commission, any party who has entered an appearance in person or by counsel in the proceeding may apply for a rehearing in respect to any matters determined in the proceeding. Such application shall be filed within thirty days…

Ohio Rev. Code Ann. § 4903.11 Proceeding deemed commenced

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No proceeding to reverse, vacate, or modify a final order of the public utilities commission is commenced unless the notice of appeal is filed within sixty days after the date of denial of the application for rehearing by operation of law or of the entry upon the journal of the c…

Ohio Rev. Code Ann. § 4903.12 Jurisdiction

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No court other than the supreme court shall have power to review, suspend, or delay any order made by the public utilities commission, or enjoin, restrain, or interfere with the commission or any public utilities commissioner in the performance of official duties. A writ of manda…

Ohio Rev. Code Ann. § 4903.13 Reversal of final order - notice of appeal

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A final order made by the public utilities commission shall be reversed, vacated, or modified by the supreme court on appeal, if, upon consideration of the record, such court is of the opinion that such order was unlawful or unreasonable.The proceeding to obtain such reversal, va…

Ohio Rev. Code Ann. § 4903.14 Certified copy of order as evidence

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Upon application, the public utilities commission shall furnish certified copies under its seal of any order made by it, which certified copies shall be prima-facie evidence in a court or proceeding of the facts stated therein.

Ohio Rev. Code Ann. § 4903.15 Orders effective immediately - notice

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Unless a different time is specified therein or by law, every order made by the public utilities commission shall become effective immediately upon entry thereof upon the journal of the public utilities commission. Every order shall be served by United States mail in the manner p…

Ohio Rev. Code Ann. § 4903.16 Stay of execution

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A proceeding to reverse, vacate, or modify a final order rendered by the public utilities commission does not stay execution of such order unless the supreme court or a judge thereof in vacation, on application and three days' notice to the commission, allows such stay, in which …

Ohio Rev. Code Ann. § 4903.17 Order in case of stay

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The supreme court, in case it stays or suspends the order or decision of the public utilities commission in any matter affecting rates, joint rates, fares, tolls, rentals, charges, or classifications, may also by order direct the public utility or railroad affected to pay into th…

Ohio Rev. Code Ann. § 4903.18 Order to keep excess accounts pending review

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In case the supreme court stays or suspends any order or decision of the public utilities commission lowering any rate, joint rate, fare, toll, rental, charge, or classification, the commission, upon the execution and approval of the suspending bond required by section 4903.16 of…

Ohio Rev. Code Ann. § 4903.19 Disposition of moneys charged in excess

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Upon the final decision by the supreme court upon an appeal from an order or decision of the public utilities commission, all moneys which the public utility or railroad has collected pending the appeal, in excess of those authorized by such final decision, shall be promptly paid…

Ohio Rev. Code Ann. § 4903.20 Order of disposition of cases

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All actions and proceedings in the supreme court under Chapters 4901., 4903., 4905., 4906., 4907., 4909., 4921., 4923., and 4927. of the Revised Code, and all actions of proceedings to which the public utilities commission, power siting board, or this state is a party, and in whi…

Ohio Rev. Code Ann. § 4903.21 Transcript

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Upon service or waiver of the notice of appeal as provided in section 4903.13 of the Revised Code, the public utilities commission shall forthwith transmit to the clerk of the supreme court a transcript of the journal entries, the original papers or transcripts thereof, and a cer…

Ohio Rev. Code Ann. § 4903.22 Rules of practice

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Except when otherwise provided by law, all processes in actions and proceedings in a court arising under Chapters 4901., 4903., 4905., 4906., 4907., 4909., 4921., 4923., and 4927. of the Revised Code shall be served, and the practice and rules of evidence in such actions and proc…