Chapter 109:4-6 Telemarketing Registration and Enforcement
(1) These substantive rules (rule 109:4-6-01 of the Administrative Code, etc.) are adopted by the office of the attorney general pursuant to section 4719.10 of the Telephone Solicitation Sales Act and Chapter 119. of the Revised Code. Without limiting the scope of any section of the Revised Code, these rules shall be liberally construed and applied to promote their purposes and policies.
(2) The purposes and policies of these rules are to:
(a) Implement the registration requirements contained in section 4719.02 of the Revised Code;
(b) Set forth registration fees;
(c) Create the telemarketing registration and enforcement unit in the office of the attorney general, consumer protection section.
(b) Each rule and every part of each rule is an independent rule and part of a rule, and the holding of any rule or part of a rule to be unconstitutional, void, or ineffective for any cause does not affect the validity or constitutionality of any other rule or part of a rule.
(c) As used in these rules:
(1) "Telephone solicitor" shall have the same meaning as set forth in division (A) of section 4719.01 of the Revised Code.
There is hereby created, in the office of the attorney general, consumer protection section, the telemarketing registration and enforcement unit. The telemarketing registration and enforcement unit is charged with administering the registration requirements of sections 4719.02 and 4719.03 of the Revised Code including, but not limited to the following:
(A) Developing and updating forms for initial and renewal applications for registration;
(B) Reviewing and investigating applications for registration;
(C) Granting or denying completed applications for registration in a timely manner;
(D) Notifying each registered telephone solicitor of the pending expiration of the current registration not less than sixty days prior to the expiration of the registration and providing the telephone solicitor with renewal forms;
(E) Collecting, organizing and maintaining as public records, with the exception of items specifically exempted by division (E) of Section 4719.02 of the Revised Code, all information gathered about telephone solicitors through the registration process, including information gathered during investigation of applications for registration;
(D) Maintaining copies of bonds filed with the attorney general as required by division (A) of section 4719.04 of the Revised Code.
(E) Receiving and filing written notices of cancellation provided by surety companies under division (C) of section 4719.04 of the Revised Code.
(F) Providing to surety companies information concerning complaints received against telephone solicitors as required by division (D) of section 4719.04 of the Revised Code.
All initial registration forms and annual renewal forms, together with the applicable filing fees, and all correspondence relating thereto shall be directed to the "Ohio Attorney General, Consumer Protection Section, Telemarketing Registration and Enforcement Unit, 30 East Broad Street, Columbus, Ohio 43215-3428."
The initial registration fee and the annual renewal fee to be included with any application for registration or renewal of registration as required by section 4719.02 of the Revised Code shall be two hundred fifty dollars, payable with submission of the application for registration or renewal. The fee shall be in the form of a certified check or money order made payable to "Ohio Attorney General." The fee is non-refundable.
(A) A certificate of registration, which shall be in effect for a period of one year, shall be issued to telephone solicitors who have made application for registration as required by section 4719.02 of the Revised Code and whose application has been reviewed and approved by the attorney general. The attorney general shall act within thirty days of receipt of a fully completed application for registration or renewal by either issuing the certificate of registration or notifying the applicant of the right to a hearing on the denial of registration. If an application is incomplete in any respect, the attorney general shall return the incomplete application to the applicant and inform the applicant of the matter necessary to complete the application.
(B) Not less than sixty days prior to the expiration of a certificate of registration, the attorney general shall mail to the registered telephone solicitor, by regular mail to the last address provided to the attorney general by the telephone solicitor, a notice of expiration of registration, along with the forms necessary for the telephone solicitor to apply for renewal of the certificate of registration. Failure on the part of the attorney general to mail a notice of expiration of registration or renewal forms to a registered telephone solicitor, shall not relieve the telephone solicitor, in any way, of its obligation to timely apply for renewal of its certificate of registration and shall in no way affect the expiration of a certificate of registration previously issued.
(C) A telephone solicitor seeking renewal of its certificate of registration shall apply for renewal not less than thirty days prior to the expiration of its current certificate of registration. The failure to make application for renewal not less than thirty days prior to the expiration of the current certificate of registration may result in the lapse of registration if the attorney general is unable to complete review of the application for renewal prior to expiration of the current certificate of registration.