Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) The division of industrial compliance, pursuant to section 4781.04 of the Revised Code, may investigate any person who allegedly has committed a violation. If, after an investigation the division determines that reasonable evidence exists that a person has committed a violation, within seven days after that determination, the division shall send a written notice to that person in the same manner as prescribed in section 119.07 of the Revised Code for licensees, except that the notice shall specify that a hearing will be held and specify the date, time, and place of the hearing.
(B) The division of industrial compliance shall hold a hearing regarding the alleged violation in the same manner prescribed for an adjudication hearing under section 119.09 of the Revised Code. If the division, after the hearing, determines that a violation has occurred, the division may impose a fine not exceeding one thousand dollars per violation per day. The division's determination is an order that the person may appeal in accordance with section 119.12 of the Revised Code.
(C) If the person who allegedly committed a violation fails to appear for a hearing, the division of industrial compliance may request the court of common pleas of the county where the alleged violation occurred to compel the person to appear before the division for a hearing.
(D) If the division assesses a person a civil penalty for a violation and the person fails to pay that civil penalty within the time period prescribed by the division pursuant to section 131.02 of the Revised Code, the division shall forward to the attorney general the name of the person and the amount of the civil penalty for the purpose of collecting that civil penalty. In addition to the civil penalty assessed pursuant to this section, the person also shall pay any fee assessed by the attorney general for collection of the civil penalty.
(E) The authority provided to the division of industrial compliance pursuant to this section, and any fine imposed under this section, shall be in addition to, and not in lieu of, all penalties and other remedies provided in this chapter. Any fines collected pursuant to this section shall be used solely to administer and enforce this chapter and rules adopted under it. Any fees collected pursuant to this section shall be transmitted to the treasurer of state and shall be credited to the industrial compliance operating fund created in section 121.084 of the Revised Code and the rules adopted thereunder. The fees shall be used only for the purpose of administering and enforcing sections 4781.26 to 4781.35 of the Revised Code and the rules adopted thereunder.
(F) As used in this section, "violation" means a violation of section 4781.11, 4781.16, 4781.27, or 4781.57 or any rule adopted pursuant to section 4781.04 of the Revised Code.
Structure Ohio Revised Code
Title 47 | Occupations-Professions
Chapter 4781 | Manufactured Homes
Section 4781.01 | Manufactured Homes Definitions.
Section 4781.011 | References to Department or Director.
Section 4781.02 | Manufactured Homes Advisory Council.
Section 4781.04 | Adoption of Rules.
Section 4781.06 | Delegation of Powers - Contracts.
Section 4781.07 | Certification of Local Authorities to Exercise Division Authority.
Section 4781.08 | Manufactured Housing Installer License.
Section 4781.09 | Suspending, Revoking, or Refusing to Renew the License.
Section 4781.10 | Programs and Requirements for Continuing Education.
Section 4781.11 | License Required for Installation.
Section 4781.12 | Injunctions.
Section 4781.121 | Investigation of Violations; Hearings; Penalties.
Section 4781.14 | Exclusivity of Authority.
Section 4781.15 | Remedies Not Exclusive.
Section 4781.16 | Display, Sale, Purchase, or Brokerage of Manufactured or Mobile Homes.
Section 4781.17 | Manufactured Housing Dealer's or Broker's Licenses.
Section 4781.18 | Cause for License Denial.
Section 4781.19 | Issuance and Replacement of Licenses.
Section 4781.20 | Confidentiality of License Applications.
Section 4781.21 | License Suspension of Revocation.
Section 4781.22 | Prohibited Actions.
Section 4781.23 | Notification Requirements.
Section 4781.24 | Manufactured or Mobile Home - Sales Contracts.
Section 4781.25 | Rules and Regulations for Manufactured Housing Brokers.
Section 4781.27 | License to Operate Park.
Section 4781.281 | Inspector Certification Fees.
Section 4781.29 | License - Refusal to Grant, Suspension, Revocation.
Section 4781.30 | Rights of Operators.
Section 4781.301 | Fees in Lieu of License and Inspection Fees.
Section 4781.31 | Submitting Development Plans to Division.
Section 4781.32 | Permit for Developing in Flood Plain.
Section 4781.33 | Notice of Flood Event Affecting Manufactured Home Park.
Section 4781.34 | Owner to Repair Home Substantially Damaged.
Section 4781.35 | Prosecuting Violations.
Section 4781.36 | Whistleblower Protection.
Section 4781.37 | Action for Possession of the Premises.
Section 4781.38 | Obligations of Park Operator.
Section 4781.39 | Obligations of Resident.
Section 4781.40 | Rental Agreement.
Section 4781.41 | Effect of Operator's Noncompliance With Rental Agreement or Statutes.
Section 4781.42 | Rent Deposits.
Section 4781.43 | Applying for Release of Rent.
Section 4781.44 | Partial Release of Rent Before Trial.
Section 4781.45 | Notification of Violation of Rules to Resident.
Section 4781.46 | Recovering Damages.
Section 4781.47 | Rental Agreement Terms.
Section 4781.48 | Unconscionability.
Section 4781.49 | Limits on Operator's Right to Recover Possession of Premises.
Section 4781.50 | Security Deposit.
Section 4781.51 | Information to Be Contained in Rental Agreement.
Section 4781.52 | Conflicting Ordinances Preempted.
Section 4781.54 | Manufactured Homes Regulatory Fund.
Section 4781.56 | Abatement or Removal of Abandoned Homes or Vehicles.
Section 4781.57 | Duty of Park Operator to Ensure Homes and Facilities Properly Maintained.