Chapter 4775. MOTOR VEHICLE REPAIR AND WINDOW TINT OPERATORS
As used in this
chapter:
| (A) |
"Motor vehicle" has the same meaning as in section
4501.01 of the Revised
Code. |
| (B) |
"Collision" means an occurrence in which two or
more objects, whether mobile or stationary, contact one another in a manner
that causes the alteration of the surface, structure, or appearance, whether
separately or collectively, of an object that is party to the
occurrence. |
| (C) |
"Collision repair" means any and all restorative
or replacement procedures that are performed on and affect or potentially
affect the structural, life safety, and cosmetic components of a motor vehicle
that has been damaged as a result of a collision. "Collision repair" also
includes any procedure that is employed for the purpose of repairing,
restoring, replacing, or refinishing, whether wholly or separately, any
structural, life safety, or cosmetic component of a motor vehicle to a
condition approximating or replicating the function, use, or appearance of the
component prior to a collision. |
| (D) |
"Motor vehicle collision repair operator" means any person, sole
proprietorship, foreign or domestic partnership, limited liability corporation,
or other legal entity that is not an employee or agent of a principal and
performs five or more motor vehicle collision repairs in a calendar year. |
| (E) |
"Motor
vehicle window tint operator" means any person, sole proprietorship, foreign or
domestic partnership, limited liability corporation, or other legal entity that
is not an employee or agent of a principal and installs tinted glass, or
transparent, nontransparent, translucent, and reflectorized material in or on
five or more motor vehicle windshields, side windows, sidewings, and rear
windows in a calendar year. |
| (F) |
"Motor
vehicle repair operator" includes a motor vehicle collision repair operator and
a motor vehicle window tint operator, but does not mean any of the
following:
| (1) |
An employee,
other than a manager, of a motor vehicle repair operator; |
| (2) |
A
motor vehicle dealer licensed pursuant to sections
4517.01 to
4517.45 of the Revised
Code; |
| (3) |
A motor
vehicle dealer licensed pursuant to sections
4517.01 to
4517.45 of the Revised Code who
also is the owner, part owner, or operator of a motor vehicle collision repair
facility or a motor vehicle window tint installation
facility; |
| (4) |
A motor
vehicle auction owner licensed pursuant to sections
4517.01 to
4517.45 of the Revised
Code; |
| (5) |
A motor
vehicle leasing dealer licensed pursuant to sections
4517.01 to
4517.45 of the Revised
Code; |
| (6) |
A motor
vehicle salvage dealer licensed pursuant to Chapter 4738. of the Revised
Code; |
| (7) |
A person or
lessee who owns or leases ten or more motor vehicles used principally in
connection with any established business and who does not perform motor vehicle
collision repairs or motor vehicle window tint
installation on motor vehicles other than the motor vehicles used
principally in connection with the established business; |
| (8) |
A
motor vehicle renting dealer as defined in division (A)(2) of section
4549.65 of the Revised Code who
does not perform motor vehicle collision repairs or
motor vehicle window tint installation on motor vehicles other than the
motor vehicles used in connection with the established motor vehicle renting
business; |
| (9) |
A person who
performs collision repairs or motor vehicle window tint installation on the motor
vehicles of a single commercial, industrial, or governmental establishment
exclusively and does not offer or provide motor vehicle collision repair
service or motor vehicle window tint installation
to the general public; |
| (10) |
The owner,
part owner, or officer of, or instructor employed by, an educational
institution that provides instruction in motor vehicle collision repair
or motor vehicle window tint installation while
the owner, part owner, officer of, or instructor is engaging in activity in
furtherance of instruction in motor vehicle collision repair
or motor vehicle window tint
installation. |
|
| (G) |
"Motor vehicle collision repair
facility" means a location from which five or more separate motor vehicle
collision repairs are performed on motor vehicles in a twelve-month period,
commencing with the day of the month in which the first such repair is
made. |
| (H) |
"Motor
vehicle window tint installation facility" means a location from which five or
more separate motor vehicle window tint installations are performed on motor
vehicles in a twelve-month period, commencing with the day of the month in
which the first such installation is made. |
Amended by
129th General AssemblyFile No.168, SB 114,
§1, eff.
3/22/2013.
Effective Date: 09-05-2001
.
| (A) |
No person shall act as a motor vehicle collision
repair operator or motor vehicle window tint
operator unless the person is registered in accordance with this
chapter. |
| (B) |
Any person or entity that conducts or attempts to
conduct business as a motor vehicle collision repair operator
or motor vehicle window tint operator in
violation of this chapter performs an unfair and deceptive act or practice in
violation of section
1345.02 of the Revised
Code. |
Amended by
129th General AssemblyFile No.168, SB 114,
§1, eff.
3/22/2013.
Effective Date: 09-05-2001
.
| (A) |
There is hereby created the
motor vehicle
repair
board consisting of seven members appointed by the
governor, with the advice and consent of the senate. Each member of the board
shall be a resident of the state. Five members shall be motor vehicle collision
repair operators. One member shall possess expertise in motor vehicle
mechanical repair, and one member shall be a representative of the public who
has no financial interest in the motor vehicle repair industry. |
| (B) |
Within ninety days after December 18, 1997, the governor
shall make initial appointments to the board. Of the initial appointees, two
are for terms ending on January 1, 1998, two are for terms ending on January 1,
1999, two are for terms ending on January 1, 2000, and one is for a term ending
on January 1, 2001. Thereafter, terms of office are for three years, with each
term ending on the same day of the same month as did the term that it succeeds.
Each member shall hold office from the date of appointment until the end of the
term for which the member was appointed. Vacancies shall be filled in the
manner prescribed for original appointments. Any member appointed to fill a
vacancy occurring prior to the expiration of the term for which the member's
predecessor was appointed shall hold office for the remainder of the term. A
member shall continue in office subsequent to the expiration date of the
member's term until the member's successor takes office, or until a period of
sixty days has elapsed, whichever occurs first. No person shall serve as a
member of the board for more than two consecutive full three-year
terms. |
| (C) |
In making appointments to the board under division
(B) of this section, the governor shall select the motor vehicle collision
repair operator members and the member with expertise in motor vehicle
mechanical repair as provided in this division. Within thirty days after
December 18, 1997, the automotive service association
of Ohio, inc., shall submit a list containing two names for the motor vehicle
mechanical repair member and twelve names for the motor vehicle collision
repair members and the governor may appoint individuals from the list to fill
those six positions. Thereafter, within sixty days of a vacancy occurring as a
result of the expiration of a term and within thirty days after other vacancies
occurring on the board, the automotive service association of Ohio, inc., shall
submit a list containing three names for each vacancy and the governor may
appoint one of the individuals from the list to fill the vacancy. If the
automotive service association of Ohio, inc., for its respective appointees,
fails to make the recommendations to the governor within the time limits set by
this division, the governor shall appoint an individual of the governor's own
choosing provided that the individual meets the qualifications of division (A)
of this section. |
| (D) |
Before entering upon the duties of office, each
member shall take an oath of office as required by section
3.22 of the
Revised Code. The governor may remove any member for misconduct, neglect of
duty, incapacity, or malfeasance in accordance with section
3.04 of the
Revised Code. |
| (E) |
The board shall meet at least four times each
year, and additional meetings may be held upon the written request of any four
members of the board or upon the call of the chairperson. The board shall elect
from among its membership a chairperson and vice-chairperson, each of whom
shall serve for a term of one year. A majority of the members of the board
constitutes a quorum to transact and vote on the business of the board. The
chairperson may appoint committees as the chairperson considers necessary to
carry out the duties of the board. |
| (F) |
Each member of the board shall receive a per diem amount fixed pursuant to
section 124.15 of the Revised Code when
actually attending to matters of the board and for the time spent in necessary
travel, and all actual and necessary expenses incurred in the discharge of the
member's duties. |
Amended by
129th General AssemblyFile No.168, SB 114,
§1, eff.
3/22/2013.
Effective Date: 12-18-1997
.
| (A) |
The
motor vehicle repair
board shall do all of the following:
| (1) |
Adopt rules in accordance with Chapter 119. of the
Revised Code as necessary to carry out the purposes of this chapter. The
rules shall include requirements for the type of liability insurance required
under division (A) of section
4775.07 of the Revised Code. The
rules shall permit the use of an insurance policy issued by any insurer
authorized to issue that type of insurance in this state. |
| (2) |
Appoint an executive director to serve at the pleasure of the board; |
| (3) |
Direct the executive director as to how the executive director shall perform
the duties imposed under this chapter; |
| (4) |
Consider and make recommendations in regard to all matters submitted to the
board by the executive director; |
| (5) |
Determine whether to refuse to issue or renew a registration certificate or
determine whether to waive a suspension of a registration certificate as
provided in division (D) of section
4775.07 of the Revised
Code; |
| (6) |
Do all acts
and perform all functions as are necessary for the administration and
enforcement of this chapter. |
|
| (B) |
Nothing in this chapter shall be interpreted as granting the board any
authority over a motor vehicle collision repair operator concerning the quality
of work performed in the repair of, or installation of parts on, motor
vehicles. |
Amended by
129th General AssemblyFile No.168, SB 114,
§1, eff.
3/22/2013.
Effective Date: 12-18-1997
.
| (A) |
The
motor vehicle repair
board shall appoint an individual who is not a member
of the board as a full-time employee of the board to serve as the executive
director of the board. The executive director shall serve at the pleasure and
direction of the board. The director of administrative services shall establish
the executive director's salary in a pay range as provided in division (J) of
section 124.15 of the Revised Code. The
executive director, subject to the approval of the board, shall determine the
office space, supplies, and professional and clerical assistance necessary to
effectively perform the executive director's duties. |
| (B) |
The executive director shall perform all the following duties:
| (1) |
Review and submit to the board, for its approval, applications for registration
pursuant to section
4775.07 of the Revised
Code; |
| (2) |
Issue
registration certificates, as approved by the board, to persons who meet the
qualifications for registration under division (A) of section
4775.07 of the Revised
Code; |
| (3) |
Maintain a
written record of all persons registered pursuant to section
4775.07 of the Revised Code. The
record shall include the name, address, and motor vehicle
repair registration certificate
number of each registered motor vehicle repair operator. The executive director
shall make this record available to any person upon request and payment of a
fee sufficient to cover the cost of copying the record. |
| (4) |
Collect all fees pursuant to section
4775.08 of the Revised
Code; |
| (5) |
Appoint
enforcement officers as needed to assist the executive director in carrying out
this chapter, who shall serve at the pleasure of the director; |
| (6) |
Gather evidence of violations of this chapter by any person or motor vehicle
repair operator, or any partner
or officer of any motor vehicle
repair operator, and, upon reasonable belief that a violation has occurred,
present the evidence to the board for its consideration and possible action by the board under section
4775.02 of the Revised Code.
Nothing in division (B)(6) of this section shall be construed as authorizing
the executive director or the board to enforce any provision of law other than
this chapter. If, however, the executive director or board, in conducting
investigations under those sections, determines or suspects that a person has
violated any other provision of law, the executive director or board shall
notify the governmental entity that is responsible for enforcement of that
provision of law. |
| (7) |
Serve as
secretary of the board and maintain a written record of all of the proceedings
of the board; |
| (8) |
Notify all
motor vehicle repair operators
of changes in this chapter and rules adopted
pursuant to this chapter; |
| (9) |
Do
all other things requested by the board for the administration and enforcement
of this chapter. |
|
| (C) |
The executive director may provide information that
is relevant to motor vehicle collision repair to motor vehicle collision
repair operators or other persons, that is relevant to
motor vehicle window tint installation to motor vehicle window tint
installation operators or other persons, and may communicate with any
person, or respond to communications from any person, in matters pertaining to
motor vehicle collision repair or window tint
installation. |
Amended by
129th General AssemblyFile No.168, SB 114,
§1, eff.
3/22/2013.
Effective Date: 12-18-1997
.
An enforcement officer
appointed by the executive director to assist the executive director in
carrying out this chapter shall report to the executive director and the
motor vehicle
repair
board the name and address of any motor vehicle
repair operator that the
officer has reasonable grounds to believe is operating in violation of this
chapter, and shall notify the operator of the suspected violation.
The report shall be based on investigation practices
and procedures approved by the board. Within sixty days after
notification is sent, an enforcement officer shall determine whether the motor
vehicle repair operator who has
been notified of a suspected violation has come into compliance with the
requirements of this chapter. If the motor vehicle 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. Upon
receiving a second notification of an operator's failure to comply with this
chapter, the executive director shall notify the government entity having
enforcement authority over the condition or activity giving rise to the
suspected violation in writing of the condition or activity, the nature of the
suspected violation, and the name and address of the operator suspected of
violating this chapter. An enforcement officer shall monitor periodically 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.
Amended by
129th General AssemblyFile No.168, SB 114,
§1, eff.
3/22/2013.
Effective Date: 12-18-1997
.
| (A) |
Any person required to be registered as a motor
vehicle repair operator shall
apply to the motor vehicle
repair
board upon forms prescribed by the board. The forms
shall contain sufficient information to identify the applicant, including name,
address, state tax identification number, and any other identifying data
prescribed by rule of the board. If the applicant is a partnership, identifying
data as prescribed by the board may be required for each partner. If the
applicant is a corporation, identifying data may be required for each officer
of the corporation and each person in charge of each place of the motor vehicle
repair operator's business in
this state. The applicant shall affirm the application by oath. The applicant
shall include with the application the initial registration fee set forth in
section 4775.08 of the Revised Code and
proof satisfactory to the board that the applicant has a current state and
federal tax identification number, a valid vendor's license issued pursuant to
section 5739.17 of the Revised Code, a
United States environmental protection agency identification number issued
under the "Resource Conservation and Recovery Act of 1976," 90 Stat. 2795,
42 U.S.C.A. 6901, as amended, and regulations adopted
under that act, proof of possession of all permits
required under Chapter 3704. of the Revised Code, general liability
insurance and liability insurance that protects a person against liability for
damage to motor vehicles in the applicant's care, custody, or control in an
amount and form that conforms to the rules the board adopts under section
4775.04 of the Revised Code, and
coverage under Chapters 4123. and 4141. of the Revised Code. In addition, the
applicant shall affirm that the applicant is in compliance with all applicable
federal and state statutes and rules and all local ordinances and resolutions,
including all applicable zoning regulations. |
| (B) |
Upon receipt of the completed application form and fees and after the board
determines that the applicant meets the requirements for registration under
division (A) of this section, the board shall direct the executive director to
issue a registration certificate to the applicant for each place of business.
The motor vehicle repair
operator shall display the registration certificate in a conspicuous place on
the premises of the business for which the registration is obtained. |
| (C) |
Each registration certificate issued under this section expires annually on the
date of its original issuance and may be renewed in accordance with the
standard renewal procedure of Chapter 4745. of the Revised Code. The
application for a renewal of a registration certificate shall be accompanied by
the same information and proof as is required to accompany an initial
application under division (A) of this section. |
| (D) |
When a motor vehicle repair
operator experiences a change in any information or data required under
division (A) of this section or by rule of the board for registration as a
motor vehicle repair operator,
the motor vehicle repair
operator shall submit written notification of the change to the board within
sixty days after the date that the information becomes obsolete. If a motor
vehicle repair operator fails
to submit the written notification of a change in information or data within
sixty days after the change in information or data, the operator's registration
certificate is automatically suspended, except that the board may waive the
suspension for good cause shown. |
| (E) |
Notwithstanding section
5703.21 of the Revised Code, the
department of taxation may disclose to the board any information necessary for
the board to verify the existence of an applicant's valid vendor's license and
current state tax identification number. |
Amended by
129th General AssemblyFile No.168, SB 114,
§1, eff.
3/22/2013.
Effective Date: 12-18-1997
.
| (A) |
The initial and annual renewal fee for a motor
vehicle repair registration
certificate and for a temporary motor vehicle repair registration certificate is one
hundred fifty dollars for each business location at which the motor vehicle
repair operator conducts
business as an operator, except that the motor vehicle
repair board, with the approval of the controlling board, may
establish fees in excess of or less than that amount, provided that such fees
do not exceed or are not less than that amount by more than fifty per cent. The board shall adjust
the fees as necessary in order to provide for the expenses associated with
carrying out this chapter.
|
| (B) |
If
the board has notified or attempted to notify a motor vehicle
repair operator that the
operator is required to be registered under this chapter, and the operator
fails to register, the initial fee for the registration of such an unregistered
operator for each business location at which the operator conducts business as
an operator, is the initial fee then in effect plus an additional amount equal
to the initial fee then in effect for each calendar year that the operator is
not registered after the board has notified or attempted to notify the
operator. |
| (C) |
The board shall deposit all fees and fines
collected under this chapter into the occupational licensing and regulatory
fund created by section
4743.05 of the Revised
Code. |
Amended by
129th General AssemblyFile No.168, SB 114,
§1, eff.
3/22/2013.
Effective Date:
09-05-2001; 2007 HB119 06-30-2007
| (A) |
| (1) |
In accordance with
Chapter 119. of the Revised Code, the motor vehicle repair board
may refuse to issue or renew a registration certificate or may determine
whether to waive a suspension of a registration certificate as provided in
division (D) of section
4775.07 of the Revised
Code. |
| (2) |
Within
ten days after receipt of an abstract from a county court judge, mayor of a
mayor's court, or clerk of a court of record indicating a violation of division
(D) of section
4513.241 of the Revised Code, the
board shall determine whether the person named in the abstract is registered
with the board and, if the person is so registered, shall further determine
whether the person previously has been convicted of or pleaded guilty to a
violation of that section. If the person previously has been convicted of or
pleaded guilty to a violation of that section, the board, in accordance with
Chapter 119. of the Revised Code but without a prior hearing, shall suspend the
person's registration for a period of not more than one hundred eighty
days. |
|
| (B) |
The court of common pleas of Franklin county has exclusive jurisdiction over
any person who conducts, or attempts to conduct,
business as a motor vehicle
repair operator in violation of this chapter or any rule adopted under this
chapter . The
court, on application of the board, may
issue an injunction, a cease and desist order, or other appropriate order
restraining the person from continuing the violation. This section shall
operate in addition to and shall not prohibit the enforcement of any other
law. |
| (C) |
Upon the request of the executive director or as a
result of complaints, the board shall investigate the alleged
violation. |
| (D) |
No person required to be registered under this
chapter shall have the benefit of any lien for labor or materials unless the
person is registered under this chapter. |
| (E) |
No
person whose application for registration under this chapter is denied shall
open or operate a facility for business as a motor vehicle collision repair
facility or motor vehicle window tint installation
facility under the name of the person designated in the application for a
registration certificate or under any other name prior to registering as a
motor vehicle repair operator
in accordance with this chapter. |
Amended by
129th General AssemblyFile No.168, SB 114,
§1, eff.
3/22/2013.
Effective Date: 12-18-1997
.
| (A) |
A motor vehicle repair operator who substantially
complies with the requirements of this chapter for registration as a motor
vehicle repair operator and who
is making a good faith effort toward achieving compliance with all requirements
of this chapter may obtain a temporary motor vehicle repair registration certificate.
Following the application of, and payment of a fee by a motor vehicle
repair operator, the
motor vehicle
repair
board, in its discretion, may direct the executive
director to issue a temporary registration certificate to a motor vehicle
repair operator the board finds
to be in substantial compliance with the requirements of this chapter for
registration and who is making a good faith effort toward achieving compliance
with all requirements of this chapter. Except as otherwise
provided in division (C) of this section, a temporary registration certificate
is effective for one year from the date of issuance or until the date the motor
vehicle repair operator obtains
a regular motor vehicle repair
registration certificate under this chapter, whichever date occurs first. If a
motor vehicle repair operator
obtains a regular registration certificate prior to the expiration of the
operator's temporary registration certificate, a portion of the fee paid by the
motor vehicle repair operator
to obtain the temporary registration certificate shall be applied to the fee
imposed under section
4775.08 of the Revised Code 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. Upon receiving direction
from the board, the executive director shall issue a temporary registration
certificate.
|
| (B) |
The board shall adopt rules in accordance with
Chapter 119. of the Revised Code that specify criteria a motor vehicle
repair operator shall meet in
order to be considered to be in substantial compliance with the registration
requirements of this chapter, and that specify criteria a motor vehicle
repair operator shall meet in
order to be considered as making a good faith effort toward achieving
compliance with all requirements of this chapter. The board shall consider the
impact of the rules it adopts under this division on encouraging competition
between all motor vehicle
repair operators and not impairing the ability of operators who have been in
the motor vehicle repair
business for less than one year to succeed in the market place. |
| (C) |
A
temporary motor vehicle repair
registration may be renewed not more than four consecutive times. A motor
vehicle repair operator may
apply for the renewal of a temporary registration certificate prior to the
expiration of a temporary registration certificate. The board shall consider an
application for the renewal of a temporary registration certificate. The board
may direct the executive director to renew a temporary registration certificate
of an applicant who meets the requirements set forth in division (A) of this
section for obtaining a temporary registration certificate. Upon recommendation
by the board, the executive director shall issue a renewal of an applicant's
temporary registration certificate. Neither the board nor the executive
director shall renew a person's temporary registration certificate more than
four consecutive times. A renewal of a temporary
motor vehicle repair
registration certificate is effective for one year from the date of issuance of
the renewal of registration. A temporary registration certificate shall
continue in effect during the period in which an applicant is being considered
for renewal if the applicant applies for renewal prior to the expiration of the
temporary registration certificate.
|
Amended by
129th General AssemblyFile No.168, SB 114,
§1, eff.
3/22/2013.
Effective Date: 12-18-1997
.
It is the intent of the
general assembly to preempt any local ordinance, resolution, or other law
adopted or enacted after December 18, 1997, that is
limited to the registration of persons engaged in business as motor vehicle
repair operators in a manner
corresponding to the provisions of this chapter. This chapter does not preempt
any local law adopted or enacted prior to December 18,
1997, for motor vehicle collision repair operators or the effective date of
this amendment for motor vehicle window tint operators, or that may
require registration or licensure as a component of imposing additional
requirements on persons engaged in business as motor vehicle
repair operators or
technicians. Nor does it preempt the enforcement of any local law regulating
motor vehicle repair operators
or technicians, including building, zoning, health, safety, or other similar
codes or laws.
Amended by
129th General AssemblyFile No.168, SB 114,
§1, eff.
3/22/2013.
Effective Date: 12-18-1997
.
| (A) |
Whoever violates section
4775.02 of the Revised Code shall
be fined not more than one thousand dollars on a first offense. On each
subsequent offense, the offender shall be fined not less than one thousand nor
more than five thousand dollars. |
| (B) |
After conducting an investigation and upon establishing that a violation of
section 4775.02 of the Revised Code has
occurred, the motor vehicle
repair
board, in addition to any other action it may take or
any other penalty imposed pursuant to this chapter, may impose an
administrative fine on the person or entity that committed the violation in an
amount of not more than one thousand dollars on a first offense. On each
subsequent offense, the board may impose an administrative fine of not less
than one thousand dollars nor more than five thousand dollars. If the
administrative fine is not paid, the attorney general, upon the board's
request, shall commence a civil action to collect the administrative
fine. |
Amended by
129th General AssemblyFile No.168, SB 114,
§1, eff.
3/22/2013.
Effective Date: 09-05-2001
.