4501:1-12-03 Peace officer, correctional employee, and youth services employee residence address.

(A) As used in this rule:

(1) "Motor vehicle record" means a record that pertains to a driver's or commercial driver's license or permit, an identification card, a motor vehicle certificate of title, a motor vehicle registration, or motor vehicle identification plates.

(2) "Requestor" means a person who requests release of a motor vehicle record in accordance with rule 4501:1-12-02 of the Administrative Code.

(3) "Application" means an application for a driver's or commercial driver's license or permit, motor vehicle certificate of title, or a motor vehicle registration made in person to a deputy registrar or a clerk of court of common pleas.

(4) "Applicant" means a peace officer, correctional employee, or youth services employee as defined in section 4501.271 of the Revised Code who submits an application.

(5) "Opt-out" means an affirmative choice by an applicant on a record confidentiality request form, BMV 2610, to prohibit disclosure by the bureau of motor vehicles of his or her residence address in response to a request by any requestor.

(B) A requestor may request release of a motor vehicle record by completing the BMV 1173 form, prescribed by the registrar under rule 4501:1-12-02 of the Administrative Code, and submitting any required documentation.

(C) The bureau will not provide the residence address of an applicant, who has exercised an opt-out, to any requestor except to a requestor defined in division (B)(1), (B)(2)(e), or (B)(2)(n) of section 4501.27 of the Revised Code and to requestors making a request pursuant to paragraph (D) of this rule.

Pursuant to section 149.43 of the Revised Code, the bureau shall disclose an applicant's residence address to a requestor defined in division (B)(1), (B)(2)(e), or (B)(2)(n) of section 4501.27 of the Revised Code, and when disclosure is not prevented by application of state or federal law.

(D) A requestor, who is a peace officer, correctional employee, or youth services employee, and requests in person, his or her residence address contained in his or her own motor vehicle record, shall in order to be eligible for disclosure, prove his or her identity through presentation of his or her driver's license or identification card. Compliance with such a request by mail shall be accomplished by mailing back the motor vehicle record only to the requestor's last known residence address as determined in accordance with rule 4501:1-1-10 of the Administrative Code.

(E) An applicant who completes a record confidentiality request form, BMV 2610, shall submit it in person at a deputy registrar office and present for inspection his or her peace officer, correctional employee, or youth services employee identification card with photograph.

(F) Each deputy registrar shall forward all completed record confidentiality request forms, BMV 2610s, to the bureau in the manner prescribed by the registrar.

(G) An opt-out shall take effect only after the record confidentiality request form, BMV 2610, is received by the bureau at its main office and is thereafter processed. An opt-out expires at the end of four years. Upon each renewal, a new record confidentiality request form, BMV 2610, must be completed and submitted in accordance with paragraph (E) of this rule.

(H) The clerk taking an application from an applicant applying on his or her own behalf for a driver's license or permit or motor vehicle registration shall not ask the applicant orally whether he or she wishes to exercise an opt-out. Once an applicant has exercised an opt-out and the opt-out has expired, the clerk taking a later application shall ascertain continued eligibility. If any applicant indicates to any clerk who takes an application that he or she wishes to exercise an opt-out, the clerk shall give the applicant a record confidentiality request form, BMV 2610. An applicant who fails or refuses to affirmatively mark the form shall be deemed not to have exercised an opt-out.

(I) An applicant wishing to rescind an opt-out may do so at any time by requesting and completing a record confidentiality request form, BMV 2610. A supply of such forms shall be available at each deputy registrar office and on-line at the bureau's website at http://publicsafety.ohio.gov/links/bmv2610.pdf.

(J) The applicant shall include his or her social security number on the record confidentiality request form, BMV 2610, and the opt-out shall apply to the driver's license and all motor vehicle records containing the applicant's social security number as indicated clearly on the form.

(K) Neither the bureau, nor any deputy registrar, nor any clerk of court of common pleas, nor any contractor with the bureau, nor any on-line motor vehicle record access provider, nor any employee of any of them, shall knowingly disclose any applicant's residence address contained in a motor vehicle record if the applicant has exercised an opt-out in accordance with this rule.

(L) An applicant, at the time of an application, may request that his or her Ohio business address be displayed on his or her driver's license or certificates of registration, or both. The applicant shall complete a record confidentiality request form, BMV 2610, and shall present for inspection, his or her peace officer, correctional employee, or youth services employee identification card with photograph.

Upon properly completing and submitting the record confidentiality request form, BMV 2610, the bureau shall issue a physical driver's license or identification card that displays the business address, but the bureau shall retain the residence address in its database.

(M) Eligibility to have the business address displayed on a driver's license expires with the license. Eligibility to have the business address displayed on certificates of registration expires at the end of four years.

(N) The clerk taking an application from an applicant applying on his or her own behalf for a driver's license or permit or motor vehicle registration shall not ask the applicant orally whether he or she wishes to request the use of his or her business address. Once an applicant has received a driver's license or certificate of registration with the business address displayed, and eligibility for one or more of them has expired, the clerk taking a later application shall ascertain continued eligibility for display of the business address with the applicant by asking the applicant to complete the record confidentiality request form, BMV 2610, and present for inspection, his or her peace officer, correctional employee, or youth services employee identification card with photograph.

(O) If any applicant indicates to any clerk who takes an application that he or she wishes to request use of the business address, the clerk shall give the applicant a record confidentiality request form, BMV 2610.

Replaces: 4501:1-12-03

Effective: 01/06/2011
R.C. 119.032 review dates: 05/03/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.271
Rule Amplifies: R.C. 4501.27 , R.C. 4501.271
Prior Effective Dates: 10/23/00