4501-45-03 Licensing requirements for manufacturers of ignition interlock devices.

(A)A manufacturer of an ignition interlock device that intends to lease, sell, or otherwise use its ignition interlock device(s) in this state shall annually obtain first a license from the department, and then certification from the director for each ignition interlock device model or type that differ in any aspect.

(B)A manufacturer of an ignition interlock device may not be eligible for a license if any of the manufacturer's owner(s), officers, partners, agents, employees, contractors, or installers:

(1) Is an employee, or immediate family member of an employee, of the department or the department of health;

(2) Has a felony conviction, an operating a vehicle while intoxicated conviction or a drug-related conviction, regardless of when or where the conviction occurred, a parole/probation violation, or a conviction for any crime involving dishonesty, deceit or fraud.

(C) A manufacturer of an ignition interlock device shall request, in writing, an original or renewal application for licensing from the department. The original and renewal applications for licensing shall be on a format prescribed by the director.

(1) A manufacturer of an ignition interlock device shall file with the department a complete, original or renewal application for licensing, together with all documents required by the application, and the rules of this chapter.

(2) At the time a manufacturer of an ignition interlock device files its original or renewal application for licensing with the department, and all required documents, the manufacturer shall pay a licensing fee of one hundred dollars, in the form of a check or money order, payable to the treasurer of the state of Ohio. The licensing fee is non-refundable.

(3) The department shall have the authority to request a computerized criminal history for any person identified in the manufacturer's application for licensing or any person identified in any documents filed with the application. The manufacturer shall pay all costs for the computerized criminal history.

(D)The department shall notify a manufacturer of an ignition interlock device, in writing, by certified mail, return receipt, whether a license is granted or denied.

(1) If a license is granted, a manufacturer of an ignition interlock device will receive a license from the department on a format prescribed by the director. The license shall expire one year from the date of issuance stated on the license, unless the license is suspended or revoked pursuant to rule 4501-45-05 of the Administrative Code prior to the expiration date stated on the license.

(2) A licensed manufacturer is immediately eligible to apply for certification, pursuant to rule 4501-45-04 of the Administrative Code, for each ignition interlock device model or type that differ in any aspect, and which is intended for lease, sale, or any other use in this state.

(3)When the department issues a license to a manufacturer of an ignition interlock device, the department shall add the manufacturer's name, business address, and contact information to the department's list of licensed manufacturers of ignition interlock devices and certified devices published on the department's website.

If a licensed manufacturer of an ignition interlock device changes any of the information published on the department's website, the manufacturer shall immediately notify the department, in writing, and the department will update its website.

(E)The department shall deny a license to a manufacturer of an ignition interlock device for any reason(s) set forth in rule 4501-45-05 of the Administrative Code, or the rules of this chapter. If a license is denied, a manufacturer shall receive a written notice, by certified mail, return receipt, from the department stating the reason(s) the license was denied.

A manufacturer whose license application is denied by the department may appeal the department's denial of a license pursuant to paragraph (A) of rule 4501-45-06 of the Administrative Code.

(F) A manufacturer of an ignition interlock device that is issued a license by the department shall file an annual report with the department, on a format prescribed by the director, and pay an annual report fee, not later than thirty days after the date the manufacturer's license expires.

(1) The annual report shall state the amount of net profit a licensed manufacturer earned for each certified ignition interlock device model or type from the sales of its certified devices to purchasers in this state during the one year period its license was in effect. A licensed manufacturer shall pay to the department an annual report fee equal to five per cent of the net profit stated in its annual report. The fee shall be in the form of a check or money order and made payable to the treasurer of the state of Ohio.

(2) A licensed manufacturer shall file its annual report with the department not later than thirty days after the date the manufacturer's license expires. A manufacturer may file is annual report with the department by electronic mail, by facsimile, or by certified mail, return receipt, postmarked not later than thirty days after the date the manufacturer's license expires.

(3)If a licensed manufacturer of an ignition interlock device fails to timely file its annual report with the department, timely pay the total annual report fee due to the department, and/or files with the department an annual report containing incorrect or erroneous information, the director shall immediately remove the manufacturer's name, business address, contact information, and certified ignition interlock device(s) from the department's list of licensed manufacturers of ignition interlock devices and certified devices published on the department's website.

A manufacturer of an ignition interlock device shall be ineligible for a renewal application for licensing until the manufacturer fully complies with all requirements set forth in this rule.

Effective: 12/31/2010
R.C. 119.032 review dates: 05/21/2015
Promulgated Under: 119.03
Statutory Authority: 4510.45
Rule Amplifies: 4510.45