(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.
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