4501:1-13-01 Process for electronic filing of a certificate of title application on behalf of a purchaser, record retention requirements, and related definitions.

(A) The purpose of this rule is to set forth the location at which, and the manner in which, documents relating to the electronic title application and supporting documents are to be stored when an electronic motor vehicle dealer files the application for a certificate of title on behalf of the purchaser.

(B) Definitions

(1) Electronic motor vehicle dealer - means a motor vehicle dealer that has been designated as an electronic motor vehicle dealer by the registrar of motor vehicles as set forth in section 4503.035 of the Revised Code.

(2) Electronic record - means the electronically stored application for certificate of title and all supporting evidence submitted to the clerk from which a title may be issued.

(C) Process

(1) When a purchaser buys a motor vehicle from an electronic dealer, the dealer shall convert the application for certificate of title and all supporting evidence submitted to the clerk from which a title may be issued to an electronic record.

(2) The dealer shall send the electronic record to a clerk of courts.

(3) The clerk of courts shall check the electronic record and, if the record appears to be in the proper form, shall issue an electronic certificate of title over the clerk's signature and seal with the clerk's seal unless the applicant specifically requests the clerk to issue a physical certificate of title instead of an electronic certificate of title.

(D) Retention of records

(1) All records shall be retained in a secure location for a period of five years.

(2) The electronic motor vehicle dealer may retain all records related to the electronic filing of a certificate of title application in either paper or electronic form.

(3) The electronic motor vehicle dealer shall make all records available upon a reasonable request of the registrar or the registrar's designee.

(4) The electronic motor vehicle dealer shall store all records in a manner and location that ensures that the records are secure and that confidentiality is maintained.

Effective: 3/23/2015
Five Year Review (FYR) Dates: 12/30/2014 and 09/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02, 4503.035, 4505.02
Rule Amplifies: R.C. 4503.035
Prior Effective Dates: 10/31/2005