Ohio Revised Code
Chapter 4905 | Public Utilities Commission - General Powers
Section 4905.59 | Action for Forfeiture by Prosecuting Attorney.

Effective: September 13, 2010
Latest Legislation: Senate Bill 162 - 128th General Assembly
If the public utilities commission, the officer requested by it, or a village solicitor or city director of law, when the cause of action arises in a municipal corporation, fails to prosecute a civil action for forfeiture against a railroad or an officer, agent, or employee thereof as provided by law, the prosecuting attorney of the county in which a cause of action for forfeiture arises, upon the request of any taxpayer of the county, shall bring such action if the prosecuting attorney is furnished with evidence that in the prosecuting attorney's judgment will sustain it. If the action fails, the costs of the action shall be adjudged against the county.
If a cause of action for forfeiture arises within a municipal corporation, and the commission, the officer requested by it, or the prosecuting attorney, fails to prosecute such action, the village solicitor or city director of law of the municipal corporation, when required by resolution of the legislative authority, shall institute the action and prosecute it to final judgment. If the action fails, the cost of the action shall be adjudged against the municipal corporation. The time for notice of appeal and giving a bond does not apply to cases within the meaning of this section.

Structure Ohio Revised Code

Ohio Revised Code

Title 49 | Public Utilities

Chapter 4905 | Public Utilities Commission - General Powers

Section 4905.01 | Definitions.

Section 4905.02 | Public Utility Defined.

Section 4905.03 | Public Utility Company Definitions.

Section 4905.04 | Power to Regulate Public Utilities and Railroads.

Section 4905.041 | Exclusive Jurisdiction of Commission.

Section 4905.042 | Commission Jurisdiction Over Advanced or Internet Protocol-Enabled Services.

Section 4905.05 | Scope of Jurisdiction.

Section 4905.06 | General Supervision.

Section 4905.07 | Information and Records to Be Public.

Section 4905.09 | Substantial Compliance.

Section 4905.10 | Assessment for Expenses.

Section 4905.12 | Forfeiture.

Section 4905.13 | System of Accounts for Public Utilities.

Section 4905.14 | Annual Report.

Section 4905.15 | Reports and Accounts.

Section 4905.16 | Copy of Contract May Be Required by Commission.

Section 4905.17 | Construction Accounts.

Section 4905.18 | Depreciation Account.

Section 4905.19 | Depreciation Fund.

Section 4905.20 | Abandonment of Facilities.

Section 4905.21 | Application to Commission to Abandon, Withdraw or Close.

Section 4905.22 | Service and Facilities Required - Unreasonable Charge Prohibited.

Section 4905.26 | Complaints as to Service.

Section 4905.261 | Telephone Call Center for Consumer Complaints.

Section 4905.27 | Standard Units.

Section 4905.28 | Standards of Measurement.

Section 4905.29 | Examinations and Tests.

Section 4905.30 | Printed Schedules of Rates Must Be Filed.

Section 4905.302 | Purchased Gas Adjustment Clause.

Section 4905.303 | Approving Purchases of Synthetic Natural Gas.

Section 4905.304 | Examining Coal Research and Development Costs Incurred by Gas or Natural Gas Company.

Section 4905.31 | Reasonable Arrangements Allowed - Variable Rate.

Section 4905.32 | Schedule Rate Collected.

Section 4905.33 | Rebates, Special Rates, and Free Service Prohibited.

Section 4905.34 | Free Service or Reduced Rates.

Section 4905.35 | Prohibiting Discrimination.

Section 4905.36 | Separate Hearings.

Section 4905.37 | Commission May Change Rules and Regulations of Public Utilities.

Section 4905.38 | Repairs and Improvements May Be Ordered by Commission.

Section 4905.39 | Power to Require Additions and Extensions.

Section 4905.40 | Issuance of Stocks, Bonds, and Notes.

Section 4905.401 | Issuing Notes or Other Evidences of Indebtedness.

Section 4905.402 | Acquiring or Merging With Domestic Telephone or Electric Utility Company or Holding Company.

Section 4905.403 | Filing Control Bid for a Natural Gas Company.

Section 4905.41 | Proceedings to Obtain Authority.

Section 4905.42 | Hearings on Issuance of Stocks, Bonds, and Notes.

Section 4905.43 | Public Utility in Possession of Receiver Exempted.

Section 4905.45 | Indorsement of Public Utility or Railroad Securities.

Section 4905.46 | Restrictions on Dividend or Distribution.

Section 4905.47 | Capitalization.

Section 4905.48 | Transactions Between Public Utilities.

Section 4905.481 | Purchase of Municipal Water-Works or Sewage Disposal System Company.

Section 4905.49 | Acquisition of Water-Works or Sewage Disposal System; Rate Division.

Section 4905.491 | Contents of Order of Approval.

Section 4905.51 | Use of Equipment Over Street by Other Public Utility.

Section 4905.52 | Refusal to Answer Questions in Examination.

Section 4905.54 | Compliance With Orders.

Section 4905.55 | Liability for Act of Agent.

Section 4905.56 | Violation.

Section 4905.57 | Actions to Recover Forfeitures.

Section 4905.58 | Indictment.

Section 4905.59 | Action for Forfeiture by Prosecuting Attorney.

Section 4905.60 | Writ of Mandamus - Injunction.

Section 4905.61 | Treble Damages.

Section 4905.62 | Limitation.

Section 4905.63 | Company Formed to Acquire Property or Transact Business Subject to Certain Laws.

Section 4905.64 | Forfeiture Shall Be Cumulative.

Section 4905.65 | Local Regulation Restricting Construction, Location, or Use of Public Utility Facility.

Section 4905.70 | Energy Conservation Programs.

Section 4905.71 | Filing Tariffs for Charges for Attachment to Pole or Conduit Use of Equipment.

Section 4905.72 | Changes in Provider of Natural Gas Service or Public Telecommunications Service to Consumer.

Section 4905.73 | Jurisdiction.

Section 4905.74 | Persistent Practice or Pattern of Violative Conduct.

Section 4905.75 | Payments to Agent Not Considered Past Due.

Section 4905.79 | Tax Credits for Costs of Service to Aid Communicatively Impaired.

Section 4905.80 | State Policy Regarding Motor Carriers.

Section 4905.81 | Duties of Public Utilities Commission.

Section 4905.84 | Annual Assessment to Pay for Trs Service.

Section 4905.86 | Sulfur Dioxide Emission Allowances.

Section 4905.87 | Biomass Energy Program Fund.

Section 4905.90 | Natural Gas Pipeline Safety Standards Definitions.

Section 4905.91 | Intrastate Gas Pipe-Lines.

Section 4905.911 | Compliance With Federal Design Requirements.

Section 4905.92 | Assessments Against Operators - Pipe-Line Safety Fund.

Section 4905.93 | Duties of Operator.

Section 4905.94 | Operator of Master-Meter System.

Section 4905.95 | Notices, Hearings and Orders of Commission.

Section 4905.96 | Civil Action Against Operator.

Section 4905.99 | Penalty.