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Ohio Laws and Rules
(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. 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: 12/02/2005
R.C. 119.032 review dates: 01/15/2004 and 01/23/2009
Promulgated Under: 119.03
Statutory Authority: 4775.07, 4775.04(A)(1)
Rule Amplifies: 4775.07(A)
Prior Effective Dates: 12/24/99
(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. 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 facility. 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 and sworn to by the applicant. The application shall contain and be accompanied by the following information:
(1) Name of the applicant and complete address of the place of business.
(2) Name or style under which the business is to be conducted and, if a corporation, the state of incorporation.
(3) 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.
(4) A current Ohio bureau of worker’s compensation identification number and duplicate certificate from which that number was obtained or assigned.
(5) A current Ohio bureau of unemployment services identification number and duplicate certificate from which that number was obtained or assigned.
(6) A current federal taxpayer identification number and duplicate certificate from which that number was obtained or assigned.
(7) A current state of Ohio taxpayer identification number and duplicate certificate from which that number was obtained or assigned.
(8) A current state of Ohio vendor’s license number and duplicate certificate from which that number was obtained or assigned.
(9) 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 either a regular registration certificate or a temporary registration certificate to the applicant.
(D) The annual fee for the renewal of each registration certificate or temporary 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, whether temporary or other, expires annually on the date of its original issuance. The application for renewal of a registration certificate, whether temporary or other, shall be accompanied by the same information and proof required by the board. If the business information or location should change between the regular or temporary registration certificate’s date of issuance and expiration, the motor vehicle collision repair facility shall submit a new registration application and accompanying materials to the board.
(F) A temporary registration certificate is effective for one year from the date of issuance or until the date the motor vehicle collision repair operator obtains a regular motor vehicle collision repair registration certificate, which ever occurs first. If a motor vehicle collision repair operator is issued a registration prior to the expiration of the operator’s temporary registration certificate, a portion of the fee paid by the motor vehicle collision repair operator to obtain the temporary registration certificate shall be applied to the fee imposed to obtain a regular registration certificate in an amount that corresponds to the portion of the year the operator is not utilizing the temporary registration certificate.
(G) Each registration certificate, whether temporary or regular, shall be conspicuously displayed for public inspection by the motor vehicle collision repair facility in a place normally accessible by the public.
Effective: 12/02/2005
R.C. 119.032 review dates: 01/13/2004 and 01/23/2009
Promulgated Under: 119.03
Statutory Authority: 4775.04(A)(1), 4775.07
Rule Amplifies: 4775.04(A)(1), 4775.07(A)
Prior Effective Dates: 12/24/99
(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 either a regular or temporary 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, whether regular or temporary, shall be suspended, except that the board may, at its discretion, waive the suspension for good cause shown.
(B) In addition to registration suspension, the board may require a fee by 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: 12/02/2005
R.C. 119.032 review dates: 01/13/2004 and 01/23/2009
Promulgated Under: 119.03
Statutory Authority: 119.06(B), 4775.07 , 4775.04(A)(1)
Rule Amplifies: 4775.07(D)
Prior Effective Dates: 1/21/99
(A) Persons, partnerships, corporations, limited liability companies, or any and all other business forms operating a motor vehicle collision repair facility, 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 of insurance
(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: 12/02/2005
R.C. 119.032 review dates: 01/13/2004 and 01/23/2009
Promulgated Under: 119.03
Statutory Authority: 4775.07, 4775.04(A)(1)
Rule Amplifies: 4775.07(A)
Prior Effective Dates: 1/21/99
A motor vehicle collision repair operator who substantially complies with the requirements for registration as a motor vehicle collision repair operator and/or one who is making a good faith effort toward achieving compliance with all registration requirements may obtain a temporary motor vehicle collision repair registration certificate, which certificate may be renewed not more than four consecutive times. Following the application of and payment of a fee by a motor vehicle collision repair operator, the board, in its discretion, may direct the executive director to issue a temporary registration certificate to a motor vehicle collision repair operator the board finds to be in substantial compliance with the registration requirements and/or who is making a good faith effort toward achieving compliance with all board registration requirements.
Effective: 12/02/2005
R.C. 119.032 review dates: 01/15/2004 and 01/23/2009
Promulgated Under: 119.03
Statutory Authority: 4775.10, 4775.04(A)(1)
Rule Amplifies: 4775.10(A)
Prior Effective Dates: 1/21/99
(A) A good faith effort by a motor vehicle collision repair operator shall be one in which the motor vehicle collision repair operator has applied for or has otherwise submitted information to all applicable regulatory agencies, political subdivisions, or other entities, the purpose of which is to obtain permits, identification number(s), insurance coverage(s), registrations, and/or license(s), the receipt of which is pending, from those regulatory agencies, political subdivisions, or other entities so as to comply with all applicable federal, state, and local statutes, and those required by the board.
(B) The collision repair operator shall, within a reasonable period of time, provide photocopied original documentation to the board with which to verify the efforts to secure the above permits, identification numbers, insurance coverages, registrations, and/or license from the issuing agency or entity.
(C) A reasonable period of time shall be within and no more than thirty days from the date in which application or contact is made by the operator to or with the issuing agency or entity.
Effective: 12/02/2005
R.C. 119.032 review dates: 01/15/2004 and 01/23/2009
Promulgated Under: 119.03
Statutory Authority: 4775.10, 4775.04(A)(1)
Rule Amplifies: 4775.10(B)
Prior Effective Dates: 1/21/99
(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: 12/02/2005
R.C. 119.032 review dates: 01/13/2004 and 01/23/2009
Promulgated Under: 119.03
Statutory Authority: 4775.10, 4775.04(A)(1)
Rule Amplifies: 4775.10(B)
Prior Effective Dates: 1/21/99
(A) The board’s enforcement officer(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 enforcement officer shall then notify the collision repair operator in writing by certified mail, return receipt requested, a suspected violation exists.
(B) Within sixty days of providing the notification, the enforcement officer 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 enforcement officer shall notify the executive director and the board of the operator’s failure to correct the suspected violation. The enforcement officer shall then provide the collision operator with a second written notification of a suspected violation and shall provide the executive director a duplicate copy of the notification. Upon receipt of a second notification, the executive director shall notify the government entity having enforcement authority over the condition or activity giving rise to the suspected activity, the nature of the suspected violation, and the name and address of the operator suspected of the violation.
(C) Thereafter, an enforcement officer shall periodically monitor the progress of any action taken in connection with the suspected violation with the appropriate government entity, including any investigation or charges that are filed in connection with the suspected violation. Upon obtaining such information, the executive director or the enforcement officer 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 suspected violation.
Effective: 12/02/2005
R.C. 119.032 review dates: 01/15/2004 and 01/23/2009
Promulgated Under: 119.03
Statutory Authority: 4775.06, 4775.04(A)(1)
Rule Amplifies: 4775.06
Prior Effective Dates: 1/21/99
(A) The board may, in its discretion, refuse to issue or renew a 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, will result in automatic suspension of the operator’s registration certificate.
Effective: 12/02/2005
R.C. 119.032 review dates: 01/13/2004 and 01/23/2009
Promulgated Under: 119.03
Statutory Authority: 4775.04(A)(1), 4775.07
Rule Amplifies: 4775.04(A)(5), 4775.07(D)
Prior Effective Dates: 1/21/99