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Ohio Laws and Rules
(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