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Ohio Laws and Rules
(A) A manufactured home broker shall have an established place of business that shall include an office that is permanent in nature, with office equipment and supplies that are sufficient to assist in conducting the business of brokering manufactured homes year round. The office shall have, at minimum, a landline telephone number (not a cellular phone) in service at all times, that is listed in the local telephone directory as, and answered in the name of, the manufactured home broker, electric lighting, and heating that is sufficient and reasonable for a retail office environment. An established place of business that is used for brokering previously owned manufactured homes shall be considered used exclusively for that purpose even though its facility is located in a manufactured home park or office complex, and even though rent and other activities related to operating a manufactured home park take place at the same location.
(B) The office shall be clearly identified, easily accessible, and open to the public, a minimum of thirty hours a week, at least six of which shall occur Monday through Friday from seven a.m. to five p.m. The office shall be kept neat and orderly at all times, and shall not be used as a storage or other utility area. The office shall be separate from a personal residence.
(C) The business hours shall be legible and posted in a conspicuous place near the entrance of the office.
(D) The office shall be staffed at all posted hours by an owner, partner, officer or licensed salesperson.
Effective: 07/01/2009
R.C. 119.032 review dates: 11/14/2008 and 03/02/2014
Promulgated Under: 119.03
Statutory Authority: 4501.02, 4517.27 4517.32
Rule Amplifies: 4517.02, 4517.03, 4517.052
Prior Effective Dates: 4/20/96, 5/9/98
(A) No applicant shall be issued a license unless his application shall show the business for which the license is sought is equipped with a suitable sign, properly maintained and prominently displayed, and permanent, identifying the ownership of said business in the same name in which the application is filed. Sign letters identifying the business shall be no less than six inches high unless otherwise approved by the registrar.
(B) No motor vehicle dealer or auction owner or its agent or representative shall alter the physical conditions of the established place of business so that it is not in compliance with the requirements of Chapter 4517. of the Revised Code.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02, R.C.4517.27, R.C.4517.32
Rule Amplifies: R.C.4517.02, 4517.03, 4517.04, 4517.05, 4517.052, 4517.06, 4517.07, 4517.08
Prior Effective Dates: 6/15/62, 12/8/86, 5/9/98
(A) A motor vehicle dealer, a motor vehicle auction owner, a manufactured home broker, and a motor vehicle distributor shall maintain the following records of all motor vehicles purchased, leased and sold:
(1) Name and address of the previous owner;
(2) Serial number (vehicle identification number);
(3) Title number, county and state;
(4) Year and make of said vehicle;
(5) A purchase agreement for each vehicle sold, which shall include a description of the vehicle, the name and address of the purchaser, the sales price, the odometer reading and may include the dealer’s or broker’s permit number;
(6) Lease contracts and security agreements;
(7) Odometer disclosure statement for each vehicle, except that a manufactured home broker is not required to generate or keep this record;
(8) A record of temporary tags sold on each vehicle except that a manufactured home broker is not required to generate or keep this record.
(B) Records must be maintained and easily accessible for a period of three years by those holding a license granted under Chapter 4517. of the Revised Code and by any person who held a license and has since gone out of business.
(C) The business records shall be open for reasonable inspection by the registrar or his authorized agent.
Effective: 07/01/2009
R.C. 119.032 review dates: 11/14/2008 and 03/02/2014
Promulgated Under: 119.03
Statutory Authority: 4501.02, 4517.27 4517.32
Rule Amplifies: 4517.04, 4517.05, 4517.052 4517.06, 4517.07, 4517.08
Prior Effective Dates: 8/3/78, 12/8/86, 4/20/96, 5/9/98
(A) No person, firm, or corporation, to which a dealer’s license has been currently issued, shall be issued a salesperson’s license to sell motor vehicles for another licensed dealer.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C.4501.02, R.C.4517.32
Rule Amplifies: R.C.4517.14, 4517.20
Prior Effective Dates: 6/15/62, 12/8/86, 5/9/98
Every applicant for a manufactured home broker license and every licensed manufactured home broker shall purchase and maintain a bond in the amount of twenty five-thousand dollars of a surety company authorized to transact business in this state, to which claims may be made to:
(A) Recover any loss a purchaser or prospective purchaser may experience concerning the downpayment toward the purchase of a manufactured home;
(B) Recover any loss a purchaser or prospective purchaser may experience as a result of the misuse by the broker of a noninterest-bearing special or trust account of deposits or of any funds that are legally required to be deposited therein;
(C) Satisfy any person who suffers a loss because taxes were not collected or paid by the manufactured home broker on the purchase of a manufactured home;
(D) Recover any loss incurred by the purchaser or prospective purchaser, as a result of any fraudulent act committed by the applicant, licensee, representative, or salesperson.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C.4501.02, R.C.4517.27
Rule Amplifies: R.C.4517.27
Prior Effective Dates: 4/20/96
(A) Each applicant for a dealer’s, distributor’s, or auction owner’s license shall, if the applicant has not held a dealer’s, distributor’s or auction owner’s license within twelve months prior to the application, submit a report from local law enforcement agencies with the application to the registrar of motor vehicles. The principal officer of a corporation and the manager or operator of the corporation, and all trustees of a business trust shall furnish a complete report from local law enforcement agencies, checked on a state-wide basis through the bureau of criminal identification and investigation, to the registrar of motor vehicles with the application for the license. In the case of a partnership, or limited liability company each partner or member shall submit report from local law enforcement agencies checked on a state-wide basis through the bureau of criminal identification and investigation to the registrar of motor vehicles.
(B) Each applicant for a salesperson’s license, if he has not held a salesperson’s license within twelve months prior to the application, shall submit a report from local law enforcement agencies checked on a state-wide basis through the bureau of criminal identification and investigation with his application for a salesperson’s license to the registrar of motor vehicles. The report from the local law enforcement agency shall indicate all of the offenses of which the applicant has been convicted.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02, R.C. 4517.27
Rule Amplifies: R.C. 4517.04, 4517.05, 4517.052, 4517.06, 4517.07, 4517.08, 4517.12, 4517.13, 4517.14
Prior Effective Dates: 6/15/62, 12/8/86, 5/9/98
(A) A used motor vehicle dealer shall have an established place of business which shall include a lot of no less than three thousand five hundred square feet, not including driveways, with adequate ground cover of a hard surface to prevent the collection of dust, mud, water or other unsightly conditions and shall be separated from any other business or residence with a permanent physical barrier. There shall be a permanent, usable structure on the premises, including an easily accessible office of no less than one hundred eighty square feet of usable office area which shall include, at minimum, heating that is sufficient and reasonable for a retail office environment, electric lighting, a telephone in service used and identified exclusively for the dealership’s business, a desk, three chairs and a filing cabinet, all of which shall be kept in a neat and orderly fashion. The structure shall be occupied by the dealership and staffed by a person who is licensed and regulated under Chapter 4517. of the Revised Code and could reasonably assist any retail customer with or without an appointment. The dealership shall be easily accessible from a public roadway and shall be identifiable as a motor vehicle dealership to the public and open for business. The business hours shall be prominently posted on the premises.
(B) No motor vehicle dealer or auction owner or its agent or representative shall alter the physical conditions of the established place of business so that it is not in compliance with the requirements of Chapter 4517. of the Revised Code.
(C) The requirements for an established place of business for used motor vehicle dealership shall be construed to the end that any customer may, without an appointment, visit the establishment and view its motor vehicle inventory.
(D) A facility shall be considered an established place of business for used motor vehicle dealership when the primary business consists of displaying and offering motor vehicles for sale, lease, or rent so long as it meets all of the requirements of this rule with regard to a used motor vehicle dealership.
(E) A permanent physical barrier is a metal, brick, stone, concrete, wood, heavy plastic, or heavy support cable that is of sufficient composition that it will not significantly deteriorate over time, and cannot be moved or removed. It shall be of sufficient strength and durability to stop or at minimum, inhibit normal vehicular and pedestrian traffic. It shall clearly delineate a separation between a residence or an unrelated business and the beginning of the dealership’s established place of business. If such separation is required, it shall be properly maintained during the entire period for which a used motor vehicle dealership license is held.
R.C. 119.032 review dates: 12/31/2002 and 12/31/2007
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02, 4517.32
Rule Amplifies: R.C. 4517.02, 4517.03, 4517.05, 4517.12
Prior Effective Dates: 6/15/62, 12/8/86, 5/9/98
(A) The registrar shall deny the application of any person for a motor vehicle dealer’s license, or for manufactured home broker’s license, distributor’s license or auction owner’s license or for the renewal of a motor vehicle dealer’s license, manufactured home broker’s license, distributor’s license or auction owner’s license if the registrar finds that the applicant has been convicted of a felony, except as provided below.
(B) Paragraph (A) of this rule shall not apply if the conviction occurred prior to December 8, 1986, and was not related to the selling, taxing, licensing, or regulation of sales of motor vehicles.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02, R.C. 4517.32
Rule Amplifies: R.C. 4517.04, 4517.05, 4517.052, 4517.07, 4517.08, 4517.12, 4517.13
Prior Effective Dates: 8/3/78, 12/8/86, 4/20/96, 5/9/98
(A) A motor vehicle dealer, motor vehicle leasing dealer, or motor vehicle auction owner, pursuant to section 4517.01 of the Revised Code may expand the display area of the dealership location licensed under Chapter 4517. of the Revised Code. The expanded area is an extension of the principally established place of business pursuant to section 4517.03 of the Revised Code which is located adjacent to or within two hundred feet of the property line of the principally established place of business and which complies with the following:
(1) The expanded site shall be at least two thousand square feet not including driveway with adequate ground cover of hard surface so as to prevent the collection of dust, mud, water or other unsightly conditions.
(2) The expanded site shall be used exclusively for the display of motor vehicles and no other business or residence shall be located or conducted on the site.
(3) There shall be a sign at the expanded site which shall be in accordance with rule 4501:1-3-03 of the Administrative Code.
(B) In addition to the above conditions, the motor vehicle dealer shall conduct all transactions relating to the lease or sale of motor vehicles at the principal place of business. A motor vehicle dealer who has more than one place of business in a county, must operate the expanded display site in conjunction with the principally established place of business.
(C) Any motor vehicle dealer seeking to establish an expanded display site shall first request approval from the registrar of motor vehicles and request an inspection to determine if the site meets the criteria set forth above. If the registrar determines that the site meets the requirements of this rule, the motor vehicle dealer shall not be required to obtain a separate license for the expanded display site nor will the motor vehicle dealer be required to maintain a display or repair facility under roof on the expanded site. If the registrar determines that the expanded display site does not continue to meet the above criteria annually thereafter, the dealers annual license renewal shall be denied pursuant to section 4517.12 of the Revised Code. An appeal of such a denial may be made to the motor vehicle dealers board in accordance with rule 4501:1-3-25 of the Administrative Code. If the motor vehicle dealers board, upon its own investigation, determines that the site does not meet or is not in accordance with the requirements set forth above, the board shall suspend or revoke the dealer’s license pursuant to section 4517.33 of the Revised Code.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02, R.C. 4517.32
Rule Amplifies: R.C. 4517.03, 4517.04, 4517.05, 4517.06, 4517.07
Prior Effective Dates: 6/20/90, 5/9/98
No dealer shall be issued a motor vehicle dealer’s license or permitted to operate under a such license unless the dealer has a net worth, verifiable upon request by the registrar, in the sum of at least seventy-five thousand dollars.
Effective: 07/01/2009
R.C. 119.032 review dates: 11/14/2008 and 03/02/2014
Promulgated Under: 119.03
Statutory Authority: 4517.12, 4517.32
Rule Amplifies: 4517.12
Prior Effective Dates: 6/15/62, 5/9/98
The registrar of motor vehicles shall deny or revoke any application or license for manufactured home broker’s license, if he finds that the applicant or licensee has:
(A) Failed to purchase or maintain a bond of a surety company in the amount of twenty-five thousand dollars;
(B) Failed to establish and maintain a separate and distinct noninterest-bearing special or trust bank account in the same name as the manufactured home broker that is separate and distinct from any personal or other account of the broker and into which all escrow funds, security deposits, and other moneys received by the broker in a fiduciary capacity shall be deposited and maintained;
(C) Not deposited all down payments toward the purchase of a manufactured home, into a noninterest-bearing special or trust bank account, located in this state only, in the same name as the applicant or licensee;
(D) Misused noninterest-bearing special or trust account deposits of funds;
(E) Failed to make application for title in the manner prescribed in section 4505.06 of the Revised Code;
(F) Failed to collect all taxes from a purchaser and pay all taxes upon application for title in the purchaser’s name.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02, R.C. 4517.27
Rule Amplifies: R.C. 4501.052, 4517.12
Prior Effective Dates: 4/20/96
(A) The board may, upon its own motion, investigate any license holder for alleged violations of law or of the rules of this board. If such investigation discloses any such violations, such license holder shall be informed that reasonable grounds for suspension or revocation of the license exist.
(B) The board shall, upon verified written complaint of any person filed with the secretary or acting secretary of the board, investigate as to the matters complained of, and if such investigation develops any apparent violation of the laws or of the rules of this board, such license holder shall be informed that reasonable grounds for suspension or revocation of the license exist.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4517.32
Rule Amplifies: R.C. 4517.32, 4517.33
Prior Effective Dates: 6/15/62, 8/3/78, 5/9/98
When in the opinion of the board, reasonable grounds for issuance of a citation exist, the secretary or acting secretary of the board shall send a “Notice of Opportunity for Hearing” by certified mail, return receipt requested, to the license holder cited at the address specified in the application for license. Such notice shall specify the alleged violation of the Revised Code or the rules of the board, and shall apprise the licensee of his/her right to request an adjudicatory hearing on the matter.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4517.32
Rule Amplifies: R.C. 4517.32
Prior Effective Dates: 6/15/62, 8/3/78
If requested by the license holder in writing, within thirty days after mailing of the “Notice of Opportunity for Hearing”, the board must set the date, time and place of hearing, and immediately notify the license holder. The date for such hearing shall be within seven to fifteen days after the party has requested a hearing. If the license holder fails to respond to “Notice of Opportunity for Hearing” within thirty days, the board may consider the charges as proven and may, in its discretion and without a hearing, suspend or revoke the license.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4517.32
Rule Amplifies: R.C. 4517.32
Prior Effective Dates: 6/15/62, 8/3/78
(A) Any hearing may be postponed or continued by the board on its own motion, or within the discretion of the board at the request of the license holder for such period of time and upon such terms as the board may prescribe.
(B) The license holder requesting continuances shall submit to the board, at least five days prior to the date set for the hearing, a written request, stating the reasons for the desired continuance. Verified statements setting out the grounds for the continuance shall be filed with the request.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4517.32
Rule Amplifies: R.C. 4517.32, 4517.33
Prior Effective Dates: 6/15/62, 5/9/98
(A) At any hearing before the board, the record of which may be the basis of an appeal to a court, a stenographic record of the testimony and other evidence submitted shall be taken at the expense of the board.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4517.32
Rule Amplifies: R.C. 4517.32, 4517.33
Prior Effective Dates: 6/15/62, 5/9/98
In all hearings before the board, the procedure shall be as follows:
(A) The attorney general concisely may state his case and briefly may state his evidence to sustain it.
(B) The license holder, or his attorney, may then briefly state his case, and briefly may state his evidence in support of it.
(C) The attorney general first must produc his evidence and the license holder, or his attorney must then produce his evidence.
(D) The attorney general may offer evidence in rebuttal.
(E) The board may in its discretion hear arguments.
(F) The board may in its discretion request or permit the filing of briefs.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4517.32
Rule Amplifies: R.C. 4517.32, 4517.33
Prior Effective Dates: 6/15/62, 5/9/98
(A) In all hearings before the board, the introduction of evidence shall be governed in general by the rules of evidence.
(B) The board may call the license holder to testify under oath as upon cross-examination. The license holder may call the acting secretary of the board to testify under oath as upon cross-examination.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4517.32
Rule Amplifies: R.C. 4517.32, 4517.33
Prior Effective Dates: 6/15/62, 5/9/98
(A) Briefs shall be clearly typewritten or photocopied. The party filing the brief shall furnish the opposite party or his attorney with one copy and file with the secretary or acting secretary of the board four copies.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4517.32
Rule Amplifies: R.C. 4517.32, 4517.33
Prior Effective Dates: 6/15/62, 5/9/98
(A) After submission of the case to the board, the board may retire and deliberate immediately or take the case under advisement.
(B) The decision of the board shall be written and a copy of such decision shall be mailed to the license holder by certified mail, return receipt requested, and a copy mailed to the attorney for the license holder, if any. A copy also shall be forwarded to the attorney general.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4517.32
Rule Amplifies: R.C. 4517.32, 4517.33
Prior Effective Dates: 6/15/62, 5/9/98
(A) Should the license holder desire a rehearing before the board, such license holder shall file his application for rehearing in writing with the secretary or acting secretary of the board, within fifteen days after receipt of the decision of the board and shall accompany the application with a verified statement setting out the grounds on which such rehearing is sought.
(B) Grounds for rehearing shall be for the following causes only:
(1) For mistake, neglect or omission on the part of the board, or irregularity in obtaining a favorable decision or order on the part of the successful party.
(2) For fraud practiced by the successful party in obtaining a favorable order or decision.
(3) For unavoidable casualty or misfortune, preventing the license holder from prosecuting his case before the board.
(4) When a decision or order was obtained, in whole or a material part by false testimony on the part of the successful party, or any witness in his behalf, which ordinary prudence could not have anticipated or guarded against.
(5) Newly discovered evidence, material for the license holder applying for rehearing, which with reasonable diligence could not have been discovered and produced at the hearing and which is not merely corroborative of evidence produced or offered at the hearing, and the license holder in his application for rehearing shall state the nature of such evidence.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4517.32
Rule Amplifies: R.C. 4517.32
Prior Effective Dates: 6/15/62, 5/9/98
(A) When the registrar refuses to issue, renew, or transfer any license, he shall, by certified mail, return receipt requested, send to the applicant so refused, notice of such order at the address stated in the application and certify his findings and final order to the board. The notice to the applicant shall set forth the reasons for the registrar’s action, refer to the statute or rule directly involved, and state that the applicant has a period of thirty days from the time of mailing of the notice, to file his appeal with the board.
(B) Such appeal must be by petition, in writing, and verified under oath by the appellant. The petition in appeal must set forth the reason for such appeal and the reason why the order of the registrar is in error. The original and at least one copy shall be filed with the secretary or acting secretary of the board.
(C) After receipt of such petition in appeal, the secretary or acting secretary of the board shall, by certified mail, return receipt requested, immediately send a notice of hearing to the appellant. The notice of hearing shall contain the date, time, and place of hearing of the appeal. The date set for such hearing shall be within seven to fifteen days after the party has requested a hearing unless otherwise agreed to by both the board and the party. The board may postpone or continue any adjudication hearing upon the motion of any party or upon its own motion.
(D) The provisions of rules 4501:1-3-16, 4501:1-3-19, 4501:1-3-20, 4501:1-3-21, 4501:1-3-22, and 4501:1-3-23 of the Administrative Code shall apply to hearings on appeals from the registrar’s order in the same manner as regular hearings before the board.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02, R.C. 4517.32, R.C. 4517.33
Rule Amplifies: R.C. 4517.12, 4517.13, 4517.14, 4517.32, 4517.33
Prior Effective Dates: 6/15/62, 12/8/86, 5/9/98
(A) The secretary or acting secretary of the board shall keep a docket and enter into such docket all cases before the board. Said docket shall be open to public inspection.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4517.32
Rule Amplifies: R.C. 4517.32, 4517.33
Prior Effective Dates: 6/15/62, 5/9/98
An employee of a motor vehicle leasing dealer other than a sole proprietor, president of a corporation, partner, trustee of a trust, member of a limited liability company, or an equivalent natural person affiliated with some other kind of a legally constituted business organization shall be licensed as A motor vehicle salesperson under sections 4517.09, 4517.14 and 4517.20 of the Revised Code if the employee engages in the business of regularly making available, offering to make available, or arranging for another person to use a motor vehicle for personal, family, or household use pursuant to a bailment, lease, or other contractual arrangement under which a charge is made for its use at a periodic rate for a term of thirty days or more where title to the motor vehicle is in a person other than the user.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4517.32
Rule Amplifies: R.C. 4517.32
Prior Effective Dates: 9/30/78, 5/9/98
Motor vehicle dealers and manufactured home brokers shall be exempt from the provisions of division (A) of section 4517.23 of the Revised Code, requiring dealers to notify the registrar of changes in the status of personnel of owners, partners, officers and/or directors, if stock in the dealer or its parent company has been traded publicly and public records with state and federal agencies document such change.
R.C. 119.032 review dates: 11/02/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02, R.C. 4517.27
Rule Amplifies: R.C. 4517.23
Prior Effective Dates: 8/3/78, 4/20/96
(A) A motor vehicle leasing dealer who makes motor vehicles available for personal, family, or household use by another in the manner described in the definition of “motor vehicle leasing dealer” contained in section 4517.01 of the Revised Code shall have an easily recognizable established place of business with an office that is used exclusively for leasing motor vehicles. A place of business shall be considered as used exclusively for leasing motor vehicles for personal, family, or household use even though a business operated as a new motor vehicle dealership, a used motor vehicle dealership, or a motor vehicle renting dealership, as defined in section 4549.01 of the Revised Code, is located at the place of business.
(B) The office shall be separated from any residence by a permanent physical barrier and contain no less than one hundred eighty square feet of usable, interior office area excluding restroom, storage, or utility space. The office shall be kept neat and orderly at all times and shall not be used as a storage of other utility area. The office shall have, at minimum, a desk, filing cabinet, three chairs, heat and electric lighting that is sufficient and reasonable for an office environment, a telephone in service at all times with the number listed in the name of the leasing dealership in a local directory and answered in the name of the leasing dealer. The leasing dealership shall maintain at all times the capability to send and receive a facsimile. The motor vehicle dealership license and a list of all licensed salespersons shall be conspicuously posted. The requirements of this paragraph shall not be in addition to those required of a new or used motor vehicle dealership.
(C) The office shall be clearly identified, easily accessible and open to any person desiring to lease a motor vehicle for personal, family, or household use. The business shall be open a minimum of thirty hours per week, at least six of which shall occur Monday through Friday, from seven a.m. to five p.m. The name of the motor vehicle leasing dealership and the business hours shall be legible and shall be posted in a conspicuous place where the general public has access, at or near the entrance to the building, and at or near the entrance to the office, if the two places are not the same.
(D) The office shall be staffed during the posted hours by a sole proprietor, partner, president of a corporation, member of a limited liability company, trustee of a business trust, an equivalent natural person affiliated with some other kind of legally constituted business organization, or a licensed salesperson.
Effective: 07/01/2009
R.C. 119.032 review dates: 11/14/2008 and 03/02/2014
Promulgated Under: 119.03
Statutory Authority: 4517.32
Rule Amplifies: 4517.02, 4517.03, 4517.06
Prior Effective Dates: 5/9/98
(A) A motor vehicle auction owner shall have an established place of business with an office area that is permanent in nature. The office shall have, at minimum, a landline telephone number (not a cellular phone) in service at all times, that is listed in the local telephone directory as, and answered in the name of, the motor vehicle auction owner, electric lighting, and heating that is sufficient and reasonable for an office environment. An established place of business that is used for auctioning motor vehicles shall also have at least one area under permanent roof that is large enough that motor vehicles may be moved through and where such motor vehicles may be offered at auction.
(B) The established place of business for an auction owner’s license shall be separated by a permanent physical barrier, as defined in rule 4501:1-3-08 of the Administrative Code, from any home or personal residence, motor vehicle dealership, salvage motor vehicle dealership, salvage motor vehicle auction, and salvage motor vehicle pool.
(C) An established place of business that is used for auctioning motor vehicles shall be considered used exclusively for that purpose even though its facilities may be incidentally used for conducting a public auction of repossessed motor vehicles.
(D) The office and auction area shall be clearly identified, easily accessible and open for business a minimum of twenty hours per week, at least ten of which shall occur Monday through Friday from nine a.m. to five p.m. It shall be open to the general public only when a public auction of repossessed motor vehicles is being conducted. The office and auction area shall be kept neat and orderly at all times, and shall not be used as a storage or other utility area.
(E) The business hours shall be legible and posted in a conspicuous place near the entrance of the auction owner’s licensed premises.
(F) Every auction owner licensed under Chapter 4517. of the Revised Code shall notify the registrar of motor vehicles in writing within fifteen days of any change in status of: (1) name; (2) location; and (3) personnel of owner, partners, officers, or directors.
Effective: 07/01/2009
R.C. 119.032 review dates: 11/14/2008 and 03/02/2014
Promulgated Under: 119.03
Statutory Authority: 4517.12, 4517.03, 4517.06
Rule Amplifies: 4517.02, 4517.03, 4517.07
Prior Effective Dates: 5/11/98
(A) A public notice issued by the motor vehicle dealers board of a hearing to consider adopting, amending or rescinding a rule which the board is authorized by law to do, shall be published at least once in the register of Ohio, in the English language, at least thirty days prior to the date set for a public hearing.
(B) The motor vehicle dealers board shall be authorized to give additional notice of such public hearing as it deems necessary; however, the giving of such additional notice shall not be mandatory, and failure to give notice by any means other than as specified in paragraph (A) of this rule shall not in any way invalidate any action which may be taken by the motor vehicle dealers board.
(C) The public notice shall specify the date, time and place of any hearing relative to the proposed rule change and shall include:
(1) A statement of the motor vehicle dealers board intention to consider adopting, amending or rescinding a rule and the purpose or reason therefore;
(2) A summary of the proposed rule, amendment or rescission or a general statement as to the subject to which it relates.
(D) Pursuant to section 119.03 of the Revised Code, a copy of the public notice shall be provided by the board to any person who requests a copy and pays the cost of copying and mailing.
HISTORY: Replaces: Rule 4501-5-01 Eff 2-27-05
Promulgated Under: 119.03
Statutory Authority: R.C 4517.32
Rule Amplifies: R.C 4517.32
R.C. 119.032 review dates: 12/30/2009
(A) Any person may obtain information regarding the time and location of all regularly scheduled meetings and information regarding the time, location, and purpose of any special meetings of the board, its subcommittees, and special committees.
Requests for notice of meetings may be submitted to the secretary of the motor vehicle dealers board in written form, or may be made in person during regular business hours.
(B) Written requests for notice of meetings may be general in nature or may be specific to meetings where a particular type of business will be considered. Such requests shall include the name of the person submitting the request, any organization with which the requester is affiliated, mailing address, telephone number, and whether notice is sought for all or specified types of meetings. Notice requests submitted pursuant to this paragraph shall include either
(1) Fifteen self-addressed envelopes with appropriate postage affixed; or
(2) A reasonable postage fee as determined annually by the board.
(C) The board shall provide twenty-four hour advance notice of special meetings of the board, subcommittees; and special committees to representatives of news organizations who have submitted written requests for such notice to the secretary of the motor vehicle dealers board. In the event that an emergency meeting is scheduled and twenty-four hour notice is not possible, the board shall notify those representatives of news organizations who have requested notice in accordance with this paragraph, as soon as is reasonably possible after such meeting is scheduled. The notice requested by representatives of news organizations pursuant to this rule may be general or specific in nature.
HISTORY: Replaces: R.C. 4501:1-5-02, -03, and -04 Eff 2-27-05
Promulgated Under: 119.03
Statutory Authority: R.C. 4517.32, R.C. 4517.33
Rule Amplifies: R.C. 4517.32, R.C. 4517.33, R.C. 4517.57
R.C. 119.032 review dates: 12/30/2009