Chapter 4501:1-10 Notice of Orders

4501:1-10-01 Written notice of orders.

(A) Unless a different method is specified by law, the registrar of motor vehicles shall give written notice of any order revoking, canceling, or suspending a driver's license, a commercial driver's license, motorcycle operator's license or endorsement, or temporary permit, or any order requiring the surrender of a certificate of registration or registration plates, by regular mail sent to the person at the person's last known address as determined in accordance with this rule.

(B) Pursuant to division (D) of section 4506.14 and division (C) of section 4507.09 of the Revised Code, each person licensed as a commercial driver under Chapter 4506. of the Revised Code or a driver under Chapter 4507. of the Revised Code shall notify the registrar of any change in the person's address within ten days following that change. The notification shall be in writing on a form provided by the registrar or by electronic means approved by the registrar and shall include the full name, date of birth, license number, county of residence, social security number, and new address of the person.

(C) Any person applying for a motor vehicle certificate of registration shall state the person's correct and current address on the application. Pursuant to division (E) of section 4503.101 of the Revised Code, every owner or lessee of a motor vehicle holding a certificate of registration shall notify the registrar in writing of any change in the person's address within ten days after the change occurs. The notification shall be in writing on a form provided by the registrar or by electronic means approved by the registrar and shall include the full name, date of birth, license number, county of residence or place of business, social security account number of an individual or federal tax identification number of a business, and new address.

(D) The bureau of motor vehicles (BMV) shall maintain a drivers' record data file which shall include the last known address of each driver, commercial driver, motorcycle operator, or temporary permit holder licensed by the state of Ohio. For the purpose of this rule, the last known address of the driver, commercial driver, motorcycle operator, or temporary permit holder shall be the address entered on the most recent application submitted by that person unless the bureau of motor vehicles receives notice of. and enters, a new address in accordance with this paragraph. Upon receipt of a written or electronic notice of a new address submitted by a driver, commercial driver, motorcycle operator, or temporary permit holder pursuant to division (D) of section 4506.14 or division (C) of section 4507.09 of the Revised Code, the BMV shall, within twenty-eight days, enter the new address in the drivers' record data file.

(E) The bureau of motor vehicles shall maintain a vehicle registration data file which shall include the last known address of the registered owner of each motor vehicle registered in the state of Ohio. For the purpose of this rule, the last known address of the owner shall be the address entered on the most recent motor vehicle registration submitted by the owner, unless the bureau of motor vehicles receives notice of. and enters, a new address in accordance with this paragraph. Upon receipt of a written or electronic notice of a new address submitted by an owner or lessee of a motor vehicle holding a certificate of registration pursuant to division (E) of section 4503.101 of the Revised Code, the bureau of motor vehicles shall, within twenty-eight days, enter the new address in the vehicle registration data file.

(F) Written notice of any order which relates only to requiring the surrender of a certificate of registration or registration plates, or both, but does not relate in any way to the revocation, cancellation, or suspension of a driver's license, commercial driver's license, motorcycle operator's license or endorsement, or temporary permit, shall be sent by regular mail to the owner's last known address contained in the vehicle registration data file in accordance with paragraph (E) of this rule.

(G) Written notice of all other orders, including orders revoking, canceling, or suspending a driver's license, commercial driver's license, motorcycle operator's license or endorsement, or temporary permit, and any orders requiring the surrender of a certificate of registration or registration plates, or both, if there is any underlying relationship between that surrender and any action revoking, canceling, or suspending a driver's license, commercial driver's license, motorcycle operator's license or endorsement, or temporary permit, shall be sent by regular mail to the driver's, commercial driver's, motorcycle operator's, or temporary permit holder's last known address contained in the drivers' record data file in accordance with paragraph (D) of this rule.

(H) As an alternative to, or in addition to, written notice given by regular mail under this rule, the registrar may, but is not required to, give written notice by certified mail, return receipt requested. If certified mail is used, it shall be sent to the last known address of the owner in accordance with paragraphs (E) and (F) of this rule or to the driver, commercial driver, motorcycle operator, or temporary permit holder in accordance with paragraphs (D) and (G) of this rule, whichever applies. The proof of mailing procedures set forth in rule 4501:1-10-02 of the Administrative Code do not apply to written notice by certified mail, return receipt requested.

Replaces: 4501:1-10-01

Effective: 03/22/2010
R.C. 119.032 review dates: 12/31/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4501.022
Rule Amplifies: R.C. 4501.022
Prior Effective Dates: 2/5/93 (Emer.), 5/5/93, 3/272005

4501:1-10-02 Proof of mailing procedures.

(A) Proof of mailing of written notice of any order sent by regular mail pursuant to rule 4501:1-10-01 of the Administrative Code shall be made in accordance with the provisions of this rule.

(B) The bureau of motor vehicles shall maintain a record of the deposit in the United States mail of every written notice of any order sent by regular mail. The record shall include the name of the addressee, the address to which the notice was sent, the bureau of motor vehicles case number or other identifying number, and any other information prescribed by the registrar. The record shall also include the date of delivery to the United States Postal Service either entered or verified by the United States Postal Service by application of a "round stamp" or some similar evidence of the date.

(C) The envelope or outer wrapper of any written notice of an order shall bear the return address of the bureau of motor vehicles and a notation requesting that the United States Postal Service forward the notice to the addressee a any new address on file with the United States Postal Service.

(D) The giving of written notice is presumed complete upon the deposit of the written notice with the United States Postal Service. Actual receipt by the addressee is not required if the bureau of motor vehicles has complied with rule 4501:1-10-01 of the Administrative Code and this rule.

(E) The record of the deposit in the United States mail maintained by the bureau of motor vehicles in accordance with paragraph (B) of this rule or a copy thereof authenticated in accordance with section 4501.34 of the Revised Code shall constitute proof of mailing of the written notice of the order. In any proceeding challenging the method of written notice or the proof of mailing for any particular order, the person making the challenge to shall establish affirmatively that the bureau of motor vehicles failed to mail the notice to the person at the person's last known address as entered on the person's most recent application or written or electronic notice of change of address, whichever is later, in compliance with this rule andrule 4501:1-10-01 of the Administrative Code.

Effective: 03/22/2010
R.C. 119.032 review dates: 12/31/2009 and 12/31/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4501.022
Rule Amplifies: R.C. 4501.022
Prior Effective Dates: 2/5/93 (Emer.), 5/5/93, 3/272005