Section 4167-5-01 - Abatement dates(A) In establishing the time limits in which a public employer must abate a violation under this chapter, the superintendent will consider the following: (1) The costs to the public employer;(2) The size and financial resources of the public employer;(3) The severity of the violation;(4) The technological feasibility of the public employer's ability to comply with requirements of the citation;(5) The possible present and future detriment to the health and safety of any public employee for failure of the public employer to comply with requirements of the citation; and(6) Other factors as the superintendent determines appropriate.(B) After considering the factors in paragraph (A) of this rule, the superintendent will fix the abatement period to be the shortest interval within which the public employer can reasonably be expected to correct the violation, but not more than two years. The abatement date will be set forth in the citation as a specific date, not a number of days.(C) Where the superintendent determines appropriate, the superintendent may grant a one - year extension to the abatement period.Ohio Admin. Code 4167-5-01
Effective: 3/1/2024
Five Year Review (FYR) Dates: 11/29/2023 and 10/01/2028
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4167.02
Rule Amplifies: 4167.10
Prior Effective Dates: 07/01/1994, 11/15/1996, 08/15/2001, 01/01/2014