4775-2-08 Method of instituting complaints.

(A) The board's investigator(s), having reasonable grounds to believe a 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 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 Chapter 4775. of the Revised Code, 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 repair operator who has been notified of a suspected violation has come into compliance with the board's requirements for registration. If the 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 operator with a thirty-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: 4/1/2016
Five Year Review (FYR) Dates: 01/12/2016 and 04/01/2021
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.02
Prior Effective Dates: 1/21/99, 12/2/05, 01/10/11.