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Ohio Laws and Rules
(A) A “retail sale” means the act or attempted act of selling, bartering, exchanging, or otherwise disposing of a salvage motor vehicle to an ultimate purchaser for use as a consumer.
The motor vehicle salvage dealer shall be responsible to collect the applicable tax associated with a “retail sale”. The amount of such tax to be collected, will be the tax applicable in the county where the salvage motor vehicle title will be obtained by the purchaser.
(B) A “motor vehicle salvage dealer” means a person who operates a motor vehicle salvage facility or any establishment or place of business which is maintained, used, or operated for the purpose of buying or selling salvage motor vehicles.
(C) A “salvage motor vehicle pool” means any person who is engaged in the business of storing, displaying, and offering for sale salvage motor vehicles as an agent for a third party.
(D) A “salvage motor vehicle auctioneer” means any person who is engaged in the business of auctioning salvage motor vehicles for himself or as an agent for a third party.
(E) A “salvage motor vehicle” means any motor vehicle which is in a wrecked, dismantled, or worn out condition, or unfit for operation as a motor vehicle.
(F) A “motor vehicle salvage facility” means any establishment or place of business which is maintained, used, or operated for buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
(G) An “established place of business” means any site where commercial transactions take place and where merchandise and inventory are stored. Such establishment shall be in accordance with rule 4501:1-4-04 of the Administrative Code.
(H) “Insufficient responsibility” means a business net worth of less than twenty thousand dollars.
(I) A “suitable photograph” means a photograph of the facility, showing the sign on or in front of the established place of business.
R.C. 119.032 review dates: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.01
Rule Amplifies: R.C. 4738.01(A) through (E)
Prior Effective Dates: 12/1/80
(A) The application and necessary forms for a license may be obtained from the registrar of motor vehicles. No application shall be accepted for motor vehicle salvage dealer’s license, salvage motor vehicle pool license or salvage motor vehicle auction license unless the application for such license is accompanied by the following information:
(1) A suitable photograph of the premises for which the license is sought showing a suitable sign identifying the ownership of said premises in the same name in which the application is filed.
(2) A report from the local law enforcement agency in whose jurisdiction the applicant resides. Such report shall consist of the following information:
(a) The name and address of the applicant.
(b) The name of the company and the name of the city, village, or township in which the applicant resides or is located.
(c) A list of all violations on record.
(d) The date the search was completed, official seal or stamp of the investigating authority, and the signature of the person who did the record search and of the sheriff or chief of police
(B) The principal officer of a corporation and the manager or operator of the corporation, all trustees of a business trust, each general partner of a partnership, and each member of a limited liability company shall furnish a complete report from the local law enforcement agency, as listed in this paragraph, to the registrar of motor vehicles with each application applied for.
R.C. 119.032 review dates: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.11, 4738.12, 4738.15
Rule Amplifies: R.C. 4738.02, 4738.04
Prior Effective Dates: 12/1/80, 1/1/99
(A) Any person applying for a motor vehicle salvage dealer’s license, salvage motor pool license, or salvage motor vehicle auction license or renewal thereof, shall complete and submit to the registrar of motor vehicles upon a form to be furnished by the register for that purpose, a separate application for a license for each county in which the business is to be conducted. A copy of each license shall be displayed in each office operating under the established place of business. The application for each type of license shall be in the form prescribed by the registrar and shall be signed and sworn to by the applicant, and, in addition to any other information required by the registrar, shall contain the following information:
(1) Name of applicant and location of principal place of business.
(2) Name or style under which business is to be conducted and, if a corporation, the state of incorporation.
(3) Name and address of each owner or partner and, if a corporation, the names of the officers and directors.
(4) The county in which the business is to be conducted and the address of the place of business therein.
(5) A financial statement of the applicant showing the true financial condition as of a date not earlier than six months prior to the date of the application.
(6) A statement of the previous history, record and association of the applicant and of each owner, partner, officer, and director, which statement shall be sufficient to establish the satisfaction of the registrar, the reputation in business of the applicant.
(7) A statement showing whether the applicant has previously been convicted of a felony.
(8) A statement showing whether the applicant has previously applied for a license under this rule and the result of the application, and whether the applicant has ever been the holder of any such license which was revoked or suspended.
(9) If the applicant is a corporation, limited liability company, business trust, or partnership, a statement showing whether any of the partners, officers, members, trustees or directors have been refused a license under this rule, or have been the holder of any such license which was revoked or suspended.
(B) The applications for licenses are not part of the public records, but are confidential information for the use of the registrar of motor vehicles.
(C) The fee for each application for a license shall be fifty dollars, payable when filing application for a motor vehicle salvage dealer’s license, salvage motor vehicle pool license, or salvage motor vehicle auction license. In all cases, the fee shall accompany the application for a license.
(D) The fee for a certified or duplicate copy of any license shall be one dollar for any business applying for more than one license which operates in more than one location in the same county.
(E) The registrar of motor vehicles shall notify the licensee, to renew his license, in writing, no later than sixty days prior to the expiration of a salvage dealer’s license. The renewal of any salvage dealer’s license shall contain the essential information from the original application The fee shall be fifty dollars to accompany the renewal card.
(F) The fee for the renewal application shall be fifty dollars to be submitted with the renewal application.
R.C. 119.032 review dates: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.11, 4738.12, 4738.15
Rule Amplifies: R.C. 4738.02, 4738.03, 4738.04
Prior Effective Dates: 12/1/80, 1/1/99
(A) The characteristics of the facilities used by motor vehicle salvage dealers, salvage motor vehicle pools and salvage motor vehicle auctions, shall consist of the following:
(1) A minimum area of fifty thousand square feet.
(2) Such area to be shielded by a fence meeting the following requirements, except where relieved by zoning rules:
(a) Having a minimum height of six feet with a maximum of ten feet in height.
(b) Such fencing shall shield the premises from ordinary view.
(c) Exceptions to this paragraph must be granted in writing, by the registrar of motor vehicles, provided, however, that no exception shall be granted in contravention of the United States Highway Beautification Act of 1965, as amended.
(3) A living hedge of equal height and sufficient density to prevent view of the premises may be substituted for the fence. A living hedge may exceed the ten-foot height limitation.
(4) Reasonable consideration shall be given to the topography of the land by enforcement personnel when inspecting premises for such fence or enclosure, provided, however, that this provision shall not be construed to permit violation of the United States Highway Beautification Act of 1965, as amended, where applicable.
(5) All inventory of the business will be stored behind the fence or enclosure to promote and preserve a positive visual impact of the salvage yard’s business on the surrounding neighborhood. All activities of the salvage yard will be conducted in a manner that will sustain a good visual image.
(6) All non-owned vehicles in storage for the general public shall be held in an area segregated and easily identifiable from the inventory of the licensee. The licensee shall maintain a separate record of all transactions concerning these vehicles.
(B) The office in which such business will be transacted will be in a building of sufficient size to conduct said business with a minimum of two hundred twenty-five square feet. This area shall consist of the following:
(1) An area devoted to sales transactions.
(2) An office to maintain records required to operate business by the licensee.
(C) The regular business hours shall be posted in plain view, and the facility shall be open and attended by someone who may reasonably assist a retail customer during the posted hours.
(D) Records of the business shall be available for inspection during reasonable business hours by board investigators.
(E) Each motor vehicle salvage dealer, salvage motor vehicle pool dealer or salvage motor vehicle auctioneer shall keep his license, or a certified copy thereof, posted in a conspicuous place in each business establishment.
(F) Each motor vehicle salvage dealer, salvage motor vehicle pool dealer, or salvage motor vehicle auction facility shall be equipped with a suitable sign, properly maintained, prominently displayed, and permanent, at or near the entrance to the facility identifying the ownership of the 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 of motor vehicles.
R.C. 119.032 review dates: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.11
Rule Amplifies: R.C. 4738.11
Prior Effective Dates: 12/01/80, 8/10/81, 12/8/88, 1/1/99
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.
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: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.10
Rule Amplifies: R.C. 4738.10
Prior Effective Dates: 12/1/80
When in the opinion of the board, reasonable grounds for issuance of a citation exist, i.e., violation of the rules governing the salvage motor vehicle dealer, salvage motor vehicle pool, or salvage motor vehicle auction dealer or has been convicted of committing a felony or violating any law which in any way relates to the theft of motor vehicles, 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: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.09
Rule Amplifies: R.C. 4738.09
Prior Effective Dates: 12/1/80
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: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.09
Rule Amplifies: R.C. 4738.09
Prior Effective Dates: 12/1/80
(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: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.10
Rule Amplifies: R.C. 4738.10
Prior Effective Dates: 12/1/80
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: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.09
Rule Amplifies: R.C. 4738.09
Prior Effective Dates: 12/1/80
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 produce 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: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.09
Rule Amplifies: R.C. 4738.09
Prior Effective Dates: 12/1/80
(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: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.09
Rule Amplifies: R.C. 4738.09
Prior Effective Dates: 12/1/80
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 of such.
R.C. 119.032 review dates: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.12
Rule Amplifies: R.C. 4738.09, 4738.11
Prior Effective Dates: 12/1/80, 1/1/99
(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 shall be forwarded to the attorney general.
R.C. 119.032 review dates: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.10
Rule Amplifies: R.C. 4738.10
Prior Effective Dates: 12/1/80
(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: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.10
Rule Amplifies: R.C. 4738.10
Prior Effective Dates: 12/1/80
(A) The registrar of motor vehicles shall deny the application of any person for a license under this rule and refuse to issue him a license if the registrar finds that the applicant:
(1) Has made false statement of a material fact in his application.
(2) Has not complied with sections 4738.01 to 4738.13 of the Revised Code affecting rules 4501:1-4-02 and 4501:1-4-04 of the Administrative Code, concerning business practices and guidelines of the different salvage dealers and their operations.
(3) Is of bad business repute or has habitually defaulted on financial obligations.
(4) Has been convicted of a felony.
(5) Has been guilty of a fraudulent act in connection with dealing in salvage motor vehicles or in the operation of a motor vehicle salvage facility or when operating as a salvage motor vehicle auction or salvage motor vehicle pool.
(6) Is insolvent.
(7) Is of insufficient responsibility to assure the prompt payment of any final judgments which might reasonably be entered against him because of the transaction of his business during the period of the license applied for.
(8) Has no established place of business.
(9) Has, less than twelve months prior to said application, been denied a license under paragraphs (A)(1) to (A)(9) of this rule.
(B) No two dealers may operate from the same location unless they agree to be jointly, severally and personally liable for all liabilities arising from their operation at the same location. Such agreement shall be filed with the bureau of motor vehicles and made a part of the articles of incorporation of each such dealer filed with the secretary of the state of Ohio.
When it is brought to the attention of the salvage dealers’ licensing board that any of the above mentioned class of dealers has revoked the above specified agreement and remains at the same location occupied by another dealer, the board shall revoke his dealer’s license.
(C) If the applicant is a corporation or partnership, the registrar may refuse to issue a license if any officer, director, or partner of the applicant has been guilty of any act or omission which would be cause for refusing or revoking a license issued to the officer, director, or partner as an individual.
The registrar’s finding may be based upon facts contained in the application or upon any other information which he may have.
(D) 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.
(E) Such appeal must be by petition in writing and verified under oath by the applicant. The petition in appeal must set forth the reasons 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.
(F) After receipt of such petition in appeal, the secretary or acting secretary of the board shall by certified mail, return receipt requested, at least fifteen days prior to the date of such hearing, send a notice of hearing to the appellant. Such notice shall contain the date, time and place of hearing of the appeal.
(G) All the rules of practice and procedure as prescribed in Chapter 119. of the Revised Code pertaining to date, time and place of hearing continuances, stenographic record, hearing procedure, evidence, briefs and decision of the board shall apply to hearing on appeal from the registrar’s order in the same manner as regular hearings before the board.
R.C. 119.032 review dates: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.05, 4738.10
Rule Amplifies: R.C. 4738.05, 4738.10
Prior Effective Dates: 12/1/80
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: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.09
Rule Amplifies: R.C. 4738.09
Prior Effective Dates: 12/1/80
(A) A public notice issued by the motor vehicle salvage dealer’s licensing 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, at least thirty days prior to the date set for a public hearing.
(B) The motor vehicle salvage dealer’s licensing 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 salvage dealer’s licensing 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 board’s 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.
Replaces: 4501:1-4-17
Effective: 09/26/2008
R.C. 119.032 review dates: 09/26/2013
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.11
Rule Amplifies: R.C. 4738.11
Prior Effective Dates: 12/1/80
(A) Any person may ascertain the time and place of any individual regularly scheduled meeting, as well as the time, place and purpose of any individual special meeting, by:
(1) Writing to the address listed in paragraph (A)(2) of this rule and enclosing a self-addressed, business-sized (at least four inches by nine and one-half inches) envelope which has affixed to it the equivalent of three first-class United States postage stamps.
(2) Such person requesting the above mentioned information, as to either an individual regularly scheduled meeting or an individual special meeting, shall mail his request sufficiently early in time as to allow the secretary of the board and his staff two weeks before such regular or special meeting within which to process such request. The address to be used is: “Secretary of the Salvage Dealers’ Licensing Board, Bureau of Motor Vehicles, 1970 West Broad Street, Columbus, Ohio 43223.”
(B) Notification may be given by calling the following telephone number during normal business hours: (614) 466-7666. Normal business hours are from eight a.m. to four-thirty p.m., Monday through Friday, legal holidays excepted. No collect calls will be accepted under any circumstances.
(C) Consulting a binder located in the offices of the “Bureau of Motor Vehicles, Salvage Dealers’ Licensing Board, 1970 West Broad Street, Columbus, Ohio,” during normal business hours. Normal business hours are from eight a.m. to four-thirty p.m., Monday through Friday, legal holidays excepted.
R.C. 119.032 review dates: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.11, 4738.12
Rule Amplifies: R.C. 4738.09, 4738.12
Prior Effective Dates: 12/1/80, 1/1/99
(A) Any representative of the news media may obtain twenty-four hours’ advance notice of all special meetings, except in the event of an emergency requiring immediate official action, by requesting in writing, in the manner designated, that such notice be provided. Such notice will only be given, however, to one representative of any particular publication or radio or television station. A request for such notification shall be addressed to: “Secretary of the Motor Vehicle Salvage Dealers’ Licensing Board, Ohio Bureau of Motor Vehicles, 1970 West Broad Street. Columbus, Ohio 43223.”
(B) Such a written request for advance notice of all special meetings shall operate to require the secretary of the board to send such notice for the period of time subsequent to the date of receipt by the secretary of such request and ending at one minute after twelve a.m. on the first day of January immediately succeeding such request or until such requesting person notifies the secretary of the board in writing that he has left the employ of the particular publication, radio or television station, whichever period is shorter.
(C) The request shall provide the name of the individual media representative to be contacted, his mailing address and a maximum of two telephone numbers where he can be reached. The secretary of the board shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to this rule.
(D) In the event of a special meeting not of an emergency nature, the secretary of the board shall notify all media representatives on the list of such meeting by doing at least one of the following:
(1) Sending written notice, which must be mailed no later than four calendar days prior to the day of the special meeting.
(2) Notifying such representatives by telephone no later than twenty-four hours prior to the special meeting. Such telephone notice shall be complete if a message has been left for the representative, or if, after reasonable effort, the secretary of the board has been unable to provide such telephone notice.
(3) Informing such representative personally no later than twenty-four hours prior to the special meeting. Nothing in this paragraph shall require the board to provide personal notification at any time, except as provided in paragraph (E) of this rule.
(E) In the event of a special meeting of an emergency nature, the secretary of the board shall notify all media representatives on the list of such meeting by providing the notice as described in paragraph (D)(3) of this rule.
(F) In giving the notices required by paragraph (D) or (E) of this rule, the Ohio motor vehicles salvage dealers’ licensing board may rely on assistance provided by any member of its staff and such notice is complete if given by such member in the manner provided in paragraph (D) or (E) of this rule.
(G) It shall be the sole responsibility of the particular media representative, publication, radio or television station to advise the board of its desire to renew its request for notification at the expiration of the period designated in paragraph (B) of this rule and any change in the name or address of the person within such publication, radio or television station, to whom the board is to direct the advance notice.
(H) Failure of any news media or representative thereof to comply with all of the above requirements shall relieve the board of any obligation under this rule as to advance notice of any type of special public meeting.
(I) Any media representative may request notice of the time and place of all regularly scheduled meetings in accordance with the provisions of rule 4501:1-4-20 of the Administrative Code, “Meeting notification on yearly basis.”
R.C. 119.032 review dates: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.11, 4738.12
Rule Amplifies: R.C. 4738.09, 4738.12
Prior Effective Dates: 12/1/80, 1/1/99
(A) Any person may, upon payment of a reasonable fee to be set once a year, on an estimated cost per service basis, receive notice of all meetings of the board or its committees at which specific subject matters designated by such persons are scheduled to be discussed. In order to receive notification, such persons must provide the secretary of the board, annually, fifteen self-addressed, business-size (at least four inches by nine and one-half inches) stamped envelopes for the mailing of the notices. Such notice shall be mailed no later than seven calendar days prior to the date of the meeting. Said self-addressed, business-size envelopes shall have affixed to them the equivalent of three first-class United States postage stamps. The board may designate more general subject matters than are specified by persons requesting notice, in order to reasonably limit the variety of lists of persons to receive notices.
(B) It shall be the sole responsibility of any person requesting notice to provide the board with ample written notice of change of address or name.
(C) Such person requesting the notification as provided in paragraph (A) of this rule, shall mail the payment and requisite self-addressed envelopes sufficiently early in time to allow the secretary of the board and his staff two weeks before the next regularly scheduled meeting or special meeting, within which to process such request.
(D) Said fee shall be remitted to the secretary of the board solely in the following manner-cashier’s check, money order or certified check. No cash will be accepted. Said instruments shall be made payable to: “Treasurer, State of Ohio.” Said fee is non-refundable in whole or in part.
(E) Failure of the person making the request to comply with any of the above requirements shall relieve the board of, and discharge, any obligation to that person under this rule.
(F) The obligation of the board under this rule to each person fully complying with said rule, for each individual regularly scheduled or special meeting, shall also be deemed discharged upon mailing of notice of said meeting to the most current mailing address and name on file with the board for this purpose, as of seven days prior to the particular regularly scheduled or special meeting.
R.C. 119.032 review dates: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.07
Rule Amplifies: R.C. 4738.07
Prior Effective Dates: 12/1/80
The unapproved minutes of a regularly scheduled or special meeting shall be recorded and open to public inspection within ten days after their recordation. Within ten days after their approval by the board, the approved minutes of a regularly scheduled or special meeting shall be substituted for the unapproved minutes, and the former shall be open for public inspection during regular working hours.
All records of meetings will be open to the public for inspection during regular business hours which are eight a.m. to four-thirty p.m. at the “Bureau of Motor Vehicles, 1970 West Broad Street, Columbus, Ohio 43223.”
R.C. 119.032 review dates: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.11, 4738.12
Rule Amplifies: R.C. 4738.09, 4738.11, 4738.12
Prior Effective Dates: 12/1/80, 1/1/99
(A) Purchased salvage motor vehicles-persons licensed under Chapter 4738. of the Revised Code, shall maintain a record of all salvage motor vehicles purchased. This record shall include, but not be limited to:
(1) Name of the previous owner.
(2) Serial number-(vehicle identification number).
(3) Title number.
(4) Year and make of said vehicle.
(5) Date and county where title was surrendered.
(B) Sales invoice shall describe:
(1) Item(s) sold.
(2) Name and address of purchaser.
(3) Sales price.
(C) In addition, each retail sale of a salvage motor vehicle shall:
(1) Be preceded by a written instrument or contract that shall contain all the agreements of the parties and shall be signed by the buyer.
(2) The dealer shall, upon execution of the agreement or contract and before the delivery of the motor vehicle, deliver to the buyer a copy of the agreement or contract that shall clearly describe the motor vehicle sold to the buyer and give the following information:
(a) The amount paid down by the buyer;
(b) The amount credited to the buyer for any trade-in and a description thereof;
(c) The amount of any other charge and a specification of its purpose;
(d) The net balance due from the buyer;
(e) The terms of the payment of the net balance.
(D) Records must be maintained for a period of three years by those holding a license granted under Chapter 4738. of the Revised Code.
(E) Notwithstanding paragraph (A)(5) of this rule, all persons licensed under Chapter 4738. of the Revised Code, shall retain on their premises, the title to all vehicles offered for sale in the conduct of their business.
R.C. 119.032 review dates: 12/30/2003 and 12/30/2008
Promulgated Under: 119.03
Statutory Authority: R.C. 4738.13
Rule Amplifies: R.C. 4738.13
Prior Effective Dates: 12/1/80