Chapter 4501:1-13 Electronic Filing

4501:1-13-01 Process for electronic filing of a certificate of title application on behalf of a purchaser, document retention requirements, and related definitions.

(A) The purpose of this rule is to set forth the location at which, and the manner in which, documents relating to the electronic title application and supporting documents are to be stored when an electronic motor vehicle dealer files the application for a certificate of title on behalf of the purchaser.

(B) Definitions

(1) Electronic motor vehicle dealer - means a motor vehicle dealer that has been designated as an electronic motor vehicle dealer by the registrar of motor vehicles as set forth in section 4503.035 of the Revised Code.

(2) Electronic record - means the electronically stored application for certificate of title and all supporting evidence submitted to the clerk from which a title may be issued.

(C) Process

(1) When a purchaser buys a motor vehicle from an electronic dealer, the dealer shall convert the application for certificate of title and all supporting evidence submitted to the clerk from which a title may be issued to an electronic record.

(2) The dealer shall send the electronic record to a clerk of courts.

(3) The clerk of courts shall check the electronic record and, if the record appears to be in the proper form, shall issue an electronic certificate of title over the clerk's signature and seal with the clerk's seal unless the applicant specifically requests the clerk to issue a physical certificate of title instead of an electronic certificate of title.

(D) Retention of documents

(1) The electronic motor vehicle dealer shall retain all documents from which the electronic record was created in a secure location for a period of five years.

(2) The electronic motor vehicle dealer shall make all documents from which the electronic record was created available immediately upon a reasonable request of the registrar or the registrar's designee.

(3) The electronic motor vehicle dealer shall store all documents in a manner and location that ensures that the documents are secure and that confidentiality is maintained.

R.C. 119.032 review dates: 12/31/2009 and 12/31/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , 4503.035 , 4505.02
Rule Amplifies: R.C. 4503.035
Prior Effective Dates: 10/31/2005

4501:1-13-02 Certificate of title issued on power of attorney from a licensed motor vehicle dealer.

(A) The registrar of motor vehicles shall prescribe a power of attorney form to permit an agent of a licensed motor vehicle dealer to apply for the issuance of a certificate of title.

(B) The power of attorney shall be in the form of a notarized affidavit and shall contain the following information:

(1) The full name of the licensed motor vehicle dealer;

(2) The business address of the licensed motor vehicle dealer;

(3) The full name of the motor vehicle dealer's agent;

(4) The agent's personal state driver's license number or state identification card number and state of issuance, or the agent's social security number;

(5) The year, make, and vehicle identification number of the vehicle for which the certificate of title is being issued;

(6) Any other information the registrar deems appropriate.

(C) The agent for the licensed motor vehicle dealer shall present the following:

(1) A fully completed power of attorney form that complies with the requirements of this rule and is executed by the licensed motor vehicle dealer;

(2) Acceptable proof of the agent's identity in the form of a state driver's license, state identification card, or other form of identification deemed acceptable by the registrar.

(D) The registrar may prescribe a warning to be included on the power of attorney form that informs the licensed motor vehicle dealer and agent that making a false statement on the power of attorney form may constitute a violation of section 2921.13 of the Revised Code and be punishable under that section.

(E) The clerk of a court of common pleas may issue a certificate of title if the licensed motor vehicle dealer and agent comply with the provisions of this rule and any other applicable requirements for the issuance of a certificate of title.

Effective: 12/31/2011
R.C. 119.032 review dates: 12/31/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02
Rule Amplifies: R.C. 4505.08