Ohio § 3704.161 Enforcement

Ohio Statutes

§ 3704.161 — Enforcement

Ohio § 3704.161

Title 37Health-Safety-Morals

Ch. 3704Air Pollution Control

This text of Ohio § 3704.161 (Enforcement) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 3704.161 (2026).

Text

(A)The director of environmental protection shall enforce sections3704.16to3704.162of the Revised Code and the rules adopted under them. In doing so, the director or the director's authorized representative may do either or both of the following:

(1)Inspect, during normal business hours, any motor vehicle or documents located at premises owned, operated, rented, leased, or otherwise used by any owner or operator of a motor vehicle if that motor vehicle is operated for commercial purposes, or by any person engaged in the sale, lease, or rental of motor vehicles or motor vehicle parts, in order to determine compliance with sections3704.16to3704.162of the Revised Code and the rules adopted under them;

(2)Issue a notice of violation to any person who violates any provision of sections3704

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(A) The director of environmental protection shall enforce sections3704.16to3704.162of the Revised Code and the rules adopted under them. In doing so, the director or the director's authorized representative may do either or both of the following:

(1) Inspect, during normal business hours, any motor vehicle or documents located at premises owned, operated, rented, leased, or otherwise used by any owner or operator of a motor vehicle if that motor vehicle is operated for commercial purposes, or by any person engaged in the sale, lease, or rental of motor vehicles or motor vehicle parts, in order to determine compliance with sections3704.16to3704.162of the Revised Code and the rules adopted under them;

(2) Issue a notice of violation to any person who violates any provision of sections3704.16to3704.162of the Revised Code or the rules adopted under them and who the director or the director's authorized representative finds has committed such a violation. The notice of violation shall set forth the specific violation allegedly committed by the person and be accompanied by an order requiring the person to comply with the relevant provision. The person may appeal the order to the environmental review appeals commission in accordance with section3745.04of the Revised Code.

(B) The director shall adopt rules in accordance with Chapter 119. of the Revised Code to implement sections3704.16to3704.162of the Revised Code. The rules shall include all of the following:

(1) Requirements and procedures for inspection of motor vehicles and documents under division (A)(1) of this section;

(2) A method by which any person may report violations or suspected violations of sections3704.16to3704.162of the Revised Code to the director for enforcement;

(3) Any other rule the director determines necessary for the administration and enforcement of sections3704.16to3704.162of the Revised Code.

(C)(1) Notwithstanding any other section of the Revised Code relating to the distribution or crediting of fines for violations of the Revised Code, all fines imposed under divisions (D) and (E) of section3704.99of the Revised Code resulting from an arrest made by the law enforcement agency of a political subdivision shall be paid to the treasury of the political subdivision.

(2) All civil penalties collected pursuant to section3704.06of the Revised Code for violations of section3704.16of the Revised Code and the rules adopted under this section shall be deposited in the anti-tampering settlement fund, which is hereby created in the state treasury. The director shall use the moneys in the fund solely for public education concerning and administration and enforcement of sections3704.16to3704.162of the Revised Code.