(A) Definitions:
(1) "Registrant" means a serviceperson or service agency which has been registered by the department.
(2) "Commercial weighing and measuring device" means any weight, measure, or weighing or measuring device commercially used or employed in establishing size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption which are purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered, and shall also include any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed or installed that the accessory's operation affects, or may affect, the accuracy of the device.
(3) "Serviceperson" means any individual who installs, services, repairs, places into service, or reconditions, for hire, award, commission, or any other payment of kind, a commercial weighing or measuring device.
(4) "Service agency" means any individual, agency, firm, company, or corporation which for hire, award, commission, or any other payment of kind, installs, services, repairs, places into service, or reconditions a commercial weighing or measuring device.
(5) "Certificate of registration" means a document issued biennially by the department based on payment of the appropriate fee, satisfactory completion of the qualifying examination, and provided that applicant meets all other applicable requirements of paragraph (D) of this rule.
(6) "Broken seal form" means the notification form which includes descriptive information about a device and indicates that a security seal has been broken which can be found on the department's website www.agri.ohio.gov.
(7) "Install" means to move a device to a new location or to put a device into commercial service for the first time.
(8) "Rejected" means a device that is not correct.
(9) "Condemned" means a device that needs repair and cannot be used until repaired.
(10) "Security seal" means a uniquely identifiable physical seal, such as a lead-and-wire seal or other type of locking seal, a pressure sensitive seal sufficiently permanent to reveal the security seal's removal, or similar apparatus attached to a weighing or measuring device for protection against or indicating of access to adjustment, or an audit trail that indicates access to the adjustment.
(11) "Department" means the Ohio department of agriculture.
(B) Applications:
(1) Applications by individuals seeking a certificate of registration shall be submitted to the department on forms prescribed by the director which can be found at www.agri.ohio.gov.
(2) All valid and complete applications will include the following information:
(a) Present residence;
(b) Location of business to be licensed under this rule;
(c) Whether the applicant has had any previous registration under this rule or any federal, state, county or local law, ordinance or rule relating to servicepersons and service agencies;
(d) Whether such applicant has ever had a registration suspended or revoked;
(e) Whether the applicant has been convicted of a felony; and
(f) Other information as the department deems necessary to determine if the applicant is qualified to receive a certificate of registration.
(C) Before any certificate of registration is issued, the department will require the applicant for registration to meet the following qualifications:
(1) Have available sufficient standards and equipment appropriate in design and adequate in amount to provide the services for which such person is requesting registration. Such equipment will meet applicable specifications of the "National Institute of Standards and Technology Handbook 105 Series" handbooks 105-1 (2019 edition), 105-2 (2021 edition), 105-3 (2010 edition), 105-4 (2016 edition), 105-5 (1997 edition), 105-6 (1997 edition), 105-7 (1997 edition), 105-8 (2019 edition) or other suitable standards, and have current calibration reports issued by an approved Ohio laboratory as described in paragraphs (F) and (G) of this rule. The "National Institute of Standards and Technology Handbook 105 Series" documentary standards can be found at www.nist.gov.
(2) Passes a qualifying examination for each type of weighing and measuring device to be installed, serviced, reconditioned, or repaired. A non-refundable examination fee of twenty-five dollars is due at the time of applying for the qualifying examination. A new application and examination fee is required for every qualifying examination.
(3) Demonstrates a working knowledge of weighing and measuring devices for which the applicant intends to be registered.
(4) Has a working knowledge of all appropriate Ohio weights and measures laws, rules, and examination procedure outlines.
(5) Pays the prescribed registration fee for the type of registration:
(a) The biennial fee for a serviceperson certificate of registration is seventy-five dollars.
(b) The biennial fee for a service agency certificate of registration is two hundred dollars.
(D) Each registered serviceperson shall have approved report forms known as "Placed In Service Reports." Such forms shall include the assigned registration number and be signed by the registered serviceperson for each rejected device restored to service and for each newly installed device placed in service.
(E) Within seven days after a device is restored to service or placed in service, the original of a properly executed report form or "Placed In Service Report" shall be either mailed or emailed to the department. For devices restored to service following official rejection, the registered serviceperson shall remove any official rejection tag attached to the restored device.
(F) All physical standards and testing equipment that are used for servicing and testing weights and measures devices for which competence is registered shall be submitted to the department for initial and subsequent verification and calibration as least once every two years. A registered serviceperson or agency shall not use, in servicing commercial weighing or measuring devices, any standards or testing equipment that have not been certified or approved by the department.
(G) In lieu of submission of physical standards to the department, the department may accept calibration and/or verification reports from any laboratory that is formally accredited or recognized.
(H) Persons working as apprentices are not subject to registration if the apprentice works with and under the supervision of a registered serviceperson.
(I) The director will:
(1) Have the right to review all report forms for acceptance or rejection purposes.
(2) For good cause and after a hearing upon reasonable notice, deny any application for a renewal of registration, or may revoke or suspend the registration of any registrant.
(3) Publish from time to time as the director deems appropriate, and may supply upon request, lists of registered servicepersons and registered service agencies.
(4) Assign registration numbers to service agencies and servicepersons if the service agency or serviceperson is determined to be qualified.
Last updated December 29, 2023 at 1:55 PM