1349.82 Enforcement of RC 1349.81 by attorney general.
1349.82 Enforcement of RC 1349.81 by attorney general.
(A) The attorney general may investigate any person who has allegedly violated division (A) of section 1349.81 of the Revised Code. The attorney general has the same powers to investigate an alleged violation of division (A) of section 1349.81 of the Revised Code as those powers specified in section 1345.06 of the Revised Code.
(B) If, after an investigation, the attorney general determines that reasonable evidence exists of a violation of division (A) of section 1349.81 of the Revised Code, the attorney general, within seven days after that determination, shall send the party who is the subject of the investigation, a written notice, by regular mail, that includes all of the following:
(1) A description of the activity in which the party is engaging or has engaged that allegedly violates that division;
(2) A statement that the attorney general will hold a hearing regarding that alleged violation and the date and place of that hearing;
(3) A statement informing the party that the party or the party’s attorney may appear in person at the hearing and present evidence and examine witnesses appearing for and against the party, or the party may submit written testimony stating any positions, arguments, or contentions.
(C) The attorney general shall conduct a hearing to hear the testimony of all parties present pursuant to division (B)(3) of this section and shall consider any written testimony submitted pursuant to that division, and determine whether there has been a violation of division (A) of section 1349.81 of the Revised Code. The attorney general shall maintain a transcript of the proceedings of the hearing and issue a written opinion to all parties, citing the findings of the attorney general and grounds for any action taken.
(D) If the attorney general finds, pursuant to a hearing held in accordance with division (C) of this section, that a violation of division (A) of section 1349.81 of the Revised Code has occurred, the attorney general may assess a civil penalty of not less than five thousand dollars nor more than fifteen thousand dollars per violation. Each performance or production performed in violation of division (A) of section 1349.81 of the Revised Code constitutes a separate violation. The attorney general shall determine the terms of payment. A civil penalty assessed under this division shall be deposited into the consumer protection enforcement fund, which is created in the state treasury under section 1345.51 of the Revised Code. The civil penalty assessed pursuant to this division is in addition to any other relief that may be granted pursuant to division (E) of this section.
(E) In addition to any other action the attorney general takes pursuant to this section, if the attorney general has reason to believe that any person is violating or is about to violate division (A) of section 1349.81 of the Revised Code and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state against the person in the court of common pleas in the county where the violation is occurring or is about to occur to restrain by temporary or permanent injunction the activity that results in the person violating that division.
Whenever a court issues a permanent injunction to restrain and prevent violations of division (A) of section 1349.81 of the Revised Code as authorized under this division, the court may, in its discretion, direct that the defendant restore to any person in interest any moneys or property, real or personal, that may have been acquired by means of any violation of division (A) of section 1349.81 of the Revised Code, under terms and conditions established by the court.
Effective Date: 2008 SB269 04-07-2009