Section 4901:2-23-05 - Transportation network company permit(A) Following receipt of a completed application form submitted by an applicant pursuant to rule 4901:2-23-03 of the Administrative Code, the staff should issue a permit, provided that the applicant:(1) Has affirmed that it will maintain compliance with the applicable requirements established under sections 4925.03 to 4925.08 of the Revised Code and with the rules adopted under this chapter; and(2) Has paid the permit fee in the amount specified under section 4925.02 of the Revised Code.(B) A permit issued pursuant to this chapter is effective for one year commencing on the date of issuance.(C) No less than thirty days, and no more than sixty days prior to the expiration date of its permit, a transportation network company shall submit a permit renewal application form that is substantially the same as the application form prescribed under rule 4901:2-23-03 of the Administrative Code. Renewal application forms should be posted on the commission's website. Following receipt of a completed renewal application form, the staff should issue a renewed permit provided that the applicant:(1) Has affirmed that it will maintain compliance with the applicable requirements established under sections 4925.03 to 4925.08 of the Revised Code and with the rules adopted under this chapter; and(2) Has paid the permit fee in the amount specified under section 4925.02 of the Revised Code.(D) If the staff does not act upon an application submitted pursuant to paragraph (A) or (C) of this rule, within thirty days of submission, the application shall be deemed automatically approved on the thirty-first day after the official filing date.(E) If the staff denies issuance of a permit, or renewal of a permit, for failure of the applicant to meet the requirements of paragraph (A) or (C) of this rule, staff may serve a "letter of staff determination" upon the applicant. The letter should contain a brief explanation for the denial and instructions regarding the manner in which the applicant may serve a timely request for an administrative hearing to contest the denial.(F) Within thirty days following service by staff of a letter of staff determination, the applicant may file a "request for administrative hearing" with the commission's docketing division in order to contest the denial. The written request for administrative hearing contains the name, address, and telephone number of the applicant and is signed by an authorized representative of the applicant. A copy of the letter of staff determination should be attached to the request for administrative hearing. All hearings should be conducted consistent with rule 4901:2-7-16 of the Administrative Code.(G) If a permit renewal application submitted pursuant to paragraph (C) of this rule is submitted fewer than thirty days prior to the expiration date of the permit, or after the expiration date of the permit, the applicant may file a motion with the commission to extend its previous permit during the pendency of staff's review of the permit renewal application.(H) No transportation network company may transfer its permit to another entity without prior approval from the staff.Ohio Admin. Code 4901:2-23-05
Effective: 7/10/2023
Five Year Review (FYR) Dates: 4/24/2023 and 06/29/2028
Promulgated Under: 119.03
Statutory Authority: R.C. 4925.02(C)
Rule Amplifies: R.C. 4925.02, 4925.03, 4925.04, 4925.05, 4925.06, 4925.07, 4925.08
Prior Effective Dates: 05/23/2019