Chapter 4775-2 Registration and Certification of Motor Vehicle Collision Repair; Operators

4775-2-01 Information to accompany application for "motor vehicle collision repair registration".

(A) The application and necessary forms for registration may be obtained from the Ohio board of motor vehicle collision repair registration. No application shall be accepted for a "motor vehicle collision repair registration", unless the application for such registration is accompanied by the following information:

(1) Two suitable exterior photographs of the premises for which the registration is sought showing a suitable exterior sign identifying said premises; the other photograph depicting the means of public ingress to the place of the business. If the business is solely a mobile repair business, side and rear photos of the mobile unit shall be submitted. The minimum dimensions of the photographs shall be three inches by five inches for all photographic film formats, including digital recordation, or alternately, may be standard sized polaroid photographs.

(2) A current certificate of insurance listing the type(s) and amount(s) of coverage upon the business, its premises, and contents including, but not limited to:

(a) General liability insurance.

(b) Garagekeeper's liability insurance for damage to motor vehicles in the applicant's care, custody, or control.

(c) Names the board as "certificate holder" on the certificate of insurance for the purpose of board notification regarding policy renewal(s), policy coverage change(s), effective coverage date(s) and lapses of coverage upon the business and contents.

Effective: 01/10/2011
R.C. 119.032 review dates: 10/05/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.07
Prior Effective Dates: 12/02/2005

4775-2-02 Content of application for "motor vehicle collision repair registration certificate".

(A) Any person or entity applying for a "motor vehicle collision repair registration certificate", shall complete and submit to the board on a form to be furnished by the board for that purpose, a separate application for a registration certificate for each location in which the business is to be conducted. When pertaining to mobile businesses, one registration application shall be submitted per "home base" where the mobile unit is assigned to work from. Such application or renewal application shall be completed and returned to the board within thirty-days of its receipt by the motor vehicle collision repair business. The registration certificate application form shall be in the form prescribed by the Ohio board of motor vehicle collision repair registration and shall be signed by the applicant. Original applications must be notarized. The application shall contain and be accompanied by the following information:

(1) Check the box which best describes the business applying for registration; collision repair shop, auto glass repair, mobile auto repair PDR (paintless dent repair), mechanical shop, airbag replacement, or dealership.

(2) Registration number; assigned by the board.

(3) Number of mobile units working from this location.

(4) Name of the business and complete address of the place of business or home base..

(5) Name or style under which the business is to be conducted and, if a corporation, the state of incorporation.

(6) Name and complete address of each owner or partner or, if a corporation or limited liability company, the names and addressed of each officer and director.

(7) A current Ohio bureau of worker's compensation identification number and duplicate certificate from which that number was obtained or assigned.

(8) A current Ohio bureau of unemployment services identification number and duplicate certificate from which that number was obtained or assigned.

(9) A current federal taxpayer identification number and duplicate certificate from which that number was obtained or assigned.

(10) A current state of Ohio taxpayer identification number and duplicate certificate from which that number was obtained or assigned.

(11) A current state of Ohio vendor's license number and duplicate certificate from which that number was obtained or assigned.

(12) A hazardous waste generator disposal permit number, if applicable.

(B) The initial fee for each application for each registration certificate sought shall be one hundred fifty dollars, or the fee then in effect as determined by the Ohio board of motor vehicle collision repair registration, the office of budget and management and the Ohio controlling board, payable when filing the application for the registration certificate. In all cases, the fee shall accompany each application.

(C) Upon receipt of the completed application form and fees and after the board determines that the applicant meets the requirements for registration under paragraph (A) of this rule, the board shall direct the executive director to issue a registration certificate to the applicant.

(D) The annual fee for the renewal of each registration certificate shall be one hundred fifty dollars or the fee then in effect as determined by the Ohio board of motor vehicle collision repair registration, the office of budget and management and the Ohio controlling board. The Ohio board of motor vehicle collision repair registration, with the approval of the controlling board, may establish fees in excess of or less than one hundred fifty dollars, provided that such fees do not exceed or are not less than that amount by more than fifty per cent.

(E) Each registration certificate expires annually on the date of its original issuance. The application for renewal of a registration certificate, shall be accompanied by the same information and proof required by the board. If the business information or location should change between the registration certificate's date of issuance and expiration, the motor vehicle collision repair business shall submit a new registration application and accompanying materials to the board, unless needed changes can be made on the renewal application.

(F) Each registration certificate shall be conspicuously displayed for public inspection by the motor vehicle collision repair business in a place normally accessible by the public.

Effective: 01/10/2011
R.C. 119.032 review dates: 10/05/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.07
Prior Effective Dates: 12/02/2005

4775-2-03 Changes in information or data required by board for issuance of registration certificate.

(A) When a motor vehicle collision repair operator experiences a change in any information or data required by the board for registration subsequent to the original issuance of or renewal of the registration certificate, the motor vehicle collision repair operator shall submit written notification of the change(s) to the Ohio board of motor vehicle collision repair registration within sixty days after the change(s) in information or data. If a motor vehicle collision repair operator fails to submit written notification to the board within sixty days after the change(s) in information or data, the operator's registration certificate may be suspended

(B) In addition to registration suspension, the board may require a fee be paid by a collision repair operator who fails to provide the board with notification of the changes to the information or data required by the board within sixty days from the date the changes occur. .

Effective: 01/10/2011
R.C. 119.032 review dates: 10/05/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.07
Prior Effective Dates: 12/02/2005

4775-2-04 Nature of and length of time records will be maintained.

(A) Persons, partnerships, corporations, limited liability companies, or any and all other business forms operating a motor vehicle collision repair business, required to be registered under Chapter 4775. of the Revised Code, shall maintain for a period of four years, written records of and any and all documents related to the following:

(1) Record of repair facility ownership, listing the names and addresses of all owners, partners, officers, and/or directors as applicable.

(2) Current and past certificates ofinsurance

(3) If, during the record maintenance period, a business name change occurs, all documentation related to said name change

(4) Current and past Ohio bureau of worker's compensation identification numbers and related documents.

(5) Current and past Ohio bureau of unemployment identification number and related documents.

(6) Current and past federal taxpayer identification number and related documents.

(7) Current and past state of Ohio taxpayer identification number and related documents.

(8) Current and past state of Ohio vendor's license number and related documents.

(9) Any and all documentation related to the application for, securing, obtainment, and maintenance of all permits, licenses, registrations, air, ground, and water discharge testing and monitoring, seminar attendance, training completion, investigations, suspensions and revocations, and/or any and all other actions that may be required by, instituted by, or conducted by the environmental protection agency and its state counterpart, the Ohio environmental protection agency.

(10) Any and all documentation pertaining to the purchase of any and all materials necessary to conduct the ordinary or extraordinary business of motor vehicle collision repair.

(11) All documentation pertaining to compliance with local statutes.

(B) A facility or operator subject to registration shall make available for inspection during business hours the aforementioned records to board personnel upon their request and proof of identification.

Effective: 01/10/2011
R.C. 119.032 review dates: 10/05/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.01
Prior Effective Dates: 12/05/2005

4775-2-05 [Rescinded]Temporary "motor vehicle collision repair registration certificate".

Effective: 01/10/2011
R.C. 119.032 review dates: 10/05/2010
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.10
Prior Effective Dates: 12/02/2005

4775-2-06 [Rescinded]Good faith effort by applicant for "temporary motor vehicle repair registration certificate".

Effective: 01/10/2011
R.C. 119.032 review dates: 10/05/2010
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.10
Prior Effective Dates: 12/02/2005

4775-2-07 Substantial compliance with board's registration requirements.

(A) The standard by which the board determines if an operator is in substantial compliance with its registration requirements shall be that the collision repair operator is currently in possession of the board's required documentation, identification numbers, licenses, permits, policy(s), and/or registrations but who, by virtue of newly imposed or enacted requirements set forth in federal, state, or local statute, or by company policy, has not yet been able to secure, obtain, implement, or incorporate the equipment, training, controls, processes, ratings, or other requirements as set forth in the newly imposed requirements.

(B) The collision repair operator who is deemed by the board to be in substantial compliance shall be afforded a reasonable period of time in which to achieve full and complete compliance with the newly enacted requirements as they relate to the board's registration requirements. An operator shall not construe or interpret the board's determination of substantial compliance to mean the operator is, has been, or shall be relieved from the requirements put upon them by the agency compelling such compliance. The operator shall be afforded a period of one year with which to achieve full compliance as required by outside agencies or entities. Said time period shall expire on the first anniversary of the date of the board's original determination of the operator's substantial compliance.

(C) The collision repair operator who is determined to be in substantial compliance by the board shall periodically prepare and provide, by regular U.S. mail, the board with a typewritten narrative upon paper measuring eight and one-half inches by eleven inches, which narrative shall detail the activities of the preceding three month period as they relate to the newly imposed requirements. Documents provided by a collision repair operator in support of the substantial compliance status will be reviewed annually by the board not later than the anniversary of issuance of the operator's registration. Upon review by the board, the board shall determine whether the operator continues to be or shall continue to be considered in substantial compliance or if other action by the board is warranted.

Effective: 02/20/2011
R.C. 119.032 review dates: 11/15/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.07
Prior Effective Dates: 1/21/99, 12/2/05

4775-2-08 Method of instituting complaints.

(A) The board's investigator(s), having reasonable grounds to believe a collision repair operator is in violation of the board's registration requirements, or upon the receipt of a complaint, shall report to the executive director and the board the name and address of a collision repair operator suspected of being in violation. The investigator shall attempt personal contact with the business owner/operator and determine if a violation exists. If the investigator determines there is a violation of ORC 4775, the investigator shall explain the laws and provide the owner/operator with the proper application for registration.

(B) Within sixty days of providing the notification, the investigator shall determine if the collision repair operator who has been notified of a suspected violation has come into compliance with the board's requirements for registration. If the collision repair operator fails to correct the suspected violation within sixty days after the date the operator receives the notification, the investigator shall notify the executive director and the board of the operator's failure to correct the suspected violation. The investigator shall then provide the collision operator with a 30-day written notice of violation and shall provide the executive director a duplicate copy of the notification. Upon receipt of a notice of violation, the executive director shall notify the government entity having enforcement authority over the condition or activity giving rise to the illegal activity, the nature of the violation, and the name and address of the operator of the violation.

(C) Thereafter, an investigator shall periodically monitor the progress of any action taken in connection with the violation with the appropriate government entity, including any investigation or charges that are filed in connection with the violation. Upon obtaining such information, the executive director or the investigator monitoring such progress shall notify the board of the progress of the suspected violation and any accompanying investigation, charges, or other action taken in connection with the violation.

Effective: 01/10/2011
R.C. 119.032 review dates: 10/05/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.06
Prior Effective Dates: 12/02/2005

4775-2-09 Board's suspension of or refusal to issue or renew registration certificate; automatic suspension of registration certificate.

(A) The board may, in its discretion, refuse to issue, renew or suspend a registration certificate or may determine whether to waive a suspension of a registration certificate. Notice of the suspension, non-renewal or non-issuance of a registration certificate shall cause notice to be sent within thirty days succeeding such determination to the registrant or applicant. Such notice shall state the reasons for the action, cite the law or rule directly involved, and state that the party will be afforded a hearing if he requests it within thirty days of the time of mailing the notice. Failure of a registered motor vehicle collision repair operator to advise the board, in writing, of changes in information or data within sixty days of the changes required by the board for registration, may result in automatic suspension of the operator's registration certificate.

Effective: 01/10/2011
R.C. 119.032 review dates: 10/05/2010 and 10/05/2015
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.09
Prior Effective Dates: 12/02/2005