Chapter 4501:5-3 Scrap Metal Dealers

4501:5-3-01 Searchable electronic list(s).

(A) Upon the effective date of this rule, in accordance with division (F)(2) of section 4737.04 of the Revised Code, each law enforcement agency that serves the jurisdiction in which a scrap metal dealer or bulk merchandise container dealer, hereinafter collectively referred to as "dealer," is located shall submit a searchable electronic list to the dealers registered in their jurisdiction and the Ohio department of public safety.

(B) The list shall contain all available primary and secondary personal identifiers for persons who have been convicted of theft or receiving stolen property and include the conviction information for each individual.

(1) Primary personal identifiers:

(a) First name;

(b) Middle name or initial, if applicable;

(c) Last name;

(d) Sex;

(e) Date of birth;

(f) State driver's license or state identification number, if included in the court record.

(2) Secondary personal identifiers:

(a) Race and/or ethnicity;

(b) Height;

(c) Weight;

(d) Hair color;

(e) Eye color;

(f) Scars, marks, and/or tattoos, as applicable;

(g) Known aliases, as applicable.

(3) Conviction information:

(a) Case number;

(b) Offense;

(c) Date of disposition;

(d) Offense class;

(e) Court number.

(C) The searchable electronic list that is submitted to the Ohio department of public safety shall be in the form of a character separated value (CSV) file. This file shall be submitted to the "Contact and Information Management System" (CIMS) website at https://ext.dps.state.oh.us/cims/. A character separated value file is a file that stores tabular data (numbers and text) in a plain-text form. CSV can include any file that:

(1) Is plain text using a character set such as "ASCII," "Unicode," "EBCDIC," or "Shift JIS";

(2) Consists of records (typically one record per line);

(3) Divides the records into fields separated by delimiters (typically a single reserved character such as comma, semicolon, or tab; the delimiter may include optional spaces);

(4) Contains the same sequence of fields for every record.

(D) Following an agency's initial submission of the list, if there are any updates to the initial list, the agency shall submit a new list to the dealers registered in its jurisdiction and the Ohio department of public safety on the first business day of each month.

(E) Unless the transaction is specifically exempted in section 4737.043 of the Revised Code, to ensure compliance with division (F)(2) of section 4737.04 of the Revised Code, prior to purchasing or receiving articles from any person, dealers shall verify that the person does not appear on either the searchable electronic list that the dealer receives from law enforcement or the list(s) made available by the Ohio department of public safety at https://ext.dps.state.oh.us/scrapdealer/pages/public/login.aspx.

(1) A person is deemed to be on the list if:

(a) The person's state driver's license or state issued identification card number match the same information contained on the list; or

(b) The person's last name, first name, and date of birth match the same information contained on the list.

(F) Once a person is deemed to be on the list in accordance with paragraph (E) of this rule, dealers may also refer to secondary personal identifiers that are visible in plain sight for confirmation that the person matches the person identified on the list.

Effective: 2/1/2015
Five Year Review (FYR) Dates: 03/10/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4737.045, 4737.04
Rule Amplifies: R.C. 4737.04

4501:5-3-02 Certificates of registration.

(A) In accordance with section 4737.045 of the Revised Code, no person who meets the definition of scrap metal dealer as defined in division (A)(1) of section 4737.04 of the Revised Code, shall engage in the business of a scrap metal dealer or a bulk merchandise container dealer, hereinafter collectively referred to as "dealer," unless the person has first registered with the director of the Ohio department of public safety.

(B) Registration as a dealer shall be completed electronically via the "Scrap Metal and Bulk Merchandise Container Dealer" (SMBC) website at https://ext.dps.state.oh.us/ScrapDealer/Pages/Public/Login.aspx [File Link Not Available] and upon payment of the initial registration fee as set forth in division (A)(6) of section 4737.045 of the Revised Code by electronic check or credit card.

(C) Persons registering as dealers shall provide the following information:

(1) The name, street address, and mailing address, if different from street address, of the dealer's place of business. A dealer's place of business is the physical address where the scrap metal recycling place of business exists;

(2) The name of the primary owner of the dealer's business, and of the manager of the business, if the manager is not the primary owner;

(3) The electronic mail address of the dealer's business;

(4) Confirmation that the dealer has the capabilities to electronically connect with the department of public safety for the purpose of sending and receiving information.

(5) Verification that the person is at least eighteen years of age.

(6) Verification that the person has not been convicted of, pled guilty to, had a judicial finding of guilt for, or had a judicial finding of eligibility for treatment and/or intervention in lieu of conviction for, any of the following:

(a) Any misdemeanor theft or misdemeanor offense of receiving stolen property within three years prior to the date of the person's registration;

(b) Any felony theft or felony offense of receiving stolen property within six years of the date of the person's registration.

(7) Verification that at the time of application, the person is neither under indictment for any felony nor has any misdemeanor charges pending as outlined in paragraph (C)(6) of this rule.

(8) Verification that the person has not committed fraud or material deception while registering as a dealer.

(D) A person's registration will not be accepted if the information submitted on the registration application is incomplete or inaccurate. Upon full completion and acceptance of registration, the SMBC will generate a temporary certificate of registration. The dealer shall print and prominently display this certificate in a conspicuous location at the dealer's place of business as entered into the SMBC.

(E) If the director finds that the dealer has met all requirements in this rule, prior to the expiration of the temporary certificate, the director shall mail the official certificate of registration, via certified mail, to the dealer's mailing address as entered in the SMBC registration within forty-five days of payment processing. The dealer shall replace the temporary certificate of registration with the official certificate.

(F) Registered dealers are responsible for notifying the director within ten business days of any change in the dealer's registration information entered in the SMBC. Notice shall be sent by email to "scrapmetal@dps.state.oh.us."

(G) Registration issued in accordance with this rule shall expire one year from the date of the issuance stamped on the dealer's official certificate of registration.

(H) Registered dealers will receive a notice of renewal via email ninety days prior to the expiration of their certificates of registration. The renewal process must be completed prior to the date of expiration stamped on the dealer's certificate of registration.

(1) Renewal of a certificate of registration shall be completed electronically via the "Scrap Metal and Bulk Merchandise Container Dealer" (SMBC) website at https://ext.dps.state.oh.us/ScrapDealer/Pages/Public/Login.aspx [File Link Not Available] and upon the payment of the registration renewal fee as set forth in division (C) of section 4737.045 of the Revised Code by electronic check or credit card.

(2) A dealer's renewal will not be accepted if the information submitted during renewal is incomplete or inaccurate. Upon full completion and acceptance of the renewal, the SMBC will generate a renewal payment receipt to serve as a temporary certificate of registration. The dealer shall print and prominently display this receipt in a conspicuous location at the dealer's place of business as entered into the SMBC.

(I) If the director finds that the dealer continues to meet the requirements of this rule and Chapter 4501:5-3 of the Administrative Code, the director shall mail the renewed official certificate of registration, via certified mail, to the dealer's mailing address as entered in the SMBC registration within forty-five days of payment processing. The dealer shall replace the temporary certificate of registration with the official certificate.

(J) Dealers whose certificates of registration expire before the renewal process is completed shall be considered as new registrants requiring new registration and payment of the initial registration fee as set forth in division (A)(6) of section 4737.045 of the Revised Code.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/10/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4737.045
Rule Amplifies: R.C. 4737.012, 4737.04 , and 4737.045

4501:5-3-03 Daily business transaction reporting.

(A) Upon the effective date of this rule, in accordance with division (E)(1)(b) of section 4737.04 of the Revised Code, the dealer or dealer's designee shall prepare a daily transaction report detailing all of the non-exempt business transactions conducted by the registered place of business. This report shall be submitted electronically to the Ohio department of public safety via the "Scrap Metal and Bulk Merchandise Container Dealer" (SMBC) website at https://ext.dps.state.oh.us/scrapdealer/pages/public/login.aspx.

(B) Dealers shall submit daily transaction reports by:

(1) Accessing the SMBC website and manually entering the transactions; or

(2) Accessing the SMBC website and uploading prepared transaction reports either manually or utilizing independently developed or purchased software applications capable of transmitting the transactions in accordance with this rule.

(C) All photographs required for a transaction record in accordance with sections 4737.04, 4737.041, and 4737.012 of the Revised Code, shall be submitted to the SMBC website as part of the record and shall:

(1) Include a valid date and time stamp reflecting the date and time on which the photograph was taken. The stamp shall reflect this information in a mm/dd/yyyy and 00:00 standard time format;

(2) Be legible and clearly display the content of the transaction being photographed;

(3) Be in color;

(4) Be no larger than one megabyte;

(5) Be transmitted as a "JPEG" file.

(D) All records required by this rule and sections 4737.01 to 4737.045 of the Revised Code shall be submitted to the SMBC website in English.

Effective: 2/1/2015
Five Year Review (FYR) Dates: 03/10/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4737.012, 4737.04, 4737.045
Rule Amplifies: R.C. 4737.012, 4737.04, 4737.045

4501:5-3-04 Dealer records.

(A) In accordance with sections 4737.04 and 4737.012 of the Revised Code, dealers shall maintain either a record book and/or an electronic file containing accurate and complete records of the dealer's daily business transactions. Records shall be maintained for inspection in accordance with section 4737.04 of the Revised Code.

(B) Records shall be maintained in English.

(C) Dealers shall maintain records in a single, accessible location at the dealer's place of business in either a hard copy or electronic copy format.

(D) Transaction records shall:

(1) Be numbered separately and in chronological order, never repeating the number of previously recorded transactions;

(2) Be consistent with the data that is electronically transmitted to the SMBC website;

(3) Reflect the date and time when the transaction occurred; and

(4) Be organized in chronological order and by date and month on which the business transaction occurred.

(E) Authentic copies of all photographs required for a transaction record in accordance with sections 4737.04, 4737.041, and 4737.012 of the Revised Code, shall be maintained without alteration, enhancement, or manipulation in either hard copy or digital file format.

(1) If the photograph is retained digitally, it shall be retained in a commonly known, standard image file format of sufficient file size to accurately and legibly reproduce the original photograph transmitted to the SMBC website.

(2) If the photograph is retained in hard copy format, the copy shall be no smaller than four inches by six inches and printed to produce an accurate and legible copy of the photograph transmitted to the SMBC website.

(3) All photographs, regardless of medium, shall be retained with their corresponding transactions or numbered, organized, and retained in such a manner as to be easily and accurately matched to the transactions to which they apply.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/10/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4737.012, 4737.04, 4737.045
Rule Amplifies: R.C. 4737.012, 4737.04, 4737.041

4501:5-3-05 Inspections and disciplinary actions.

(A) In accordance with division (E)(1) of section 4737.04 of the Revised Code, the director or the director's designee may enter a dealer's place of business during normal business hours to inspect the dealer's records to determine if the dealer:

(1) Has the proper certificate of registration and that it is prominently displayed in accordance with division (D) of section 4737.045 of the Revised Code and rule 4501:5-3-02 of the Administrative Code;

(2) Is retaining records, whether electronic or hard copy, in accordance with sections 4737.04, 4737.012, and 4737.041 of the Revised Code and rule 4501:5-3-04 of the Administrative Code.

(B) Subject to Chapter 119. of the Revised Code, the director may deny a person's initial or renewal registration, and may revoke, suspend, or take other appropriate action against a dealer's certificate of registration if the individual fails to meet the requirements set forth in this chapter and sections 4737.01 to 4737.045 of the Revised Code.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/10/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4737.045
Rule Amplifies: R.C. sections 4737.01 to 4737.045