Rule 4101:6-1-03 | License requirements.
(A) Any person who engages in manufacturing or wholesaling bedding or upholstered furniture that is to be sold or offered for sale in this state; a person remaking, repairing, or renovating bedding or upholstered furniture for return to an owner in this state; a person delivering for sale any article of bedding, upholstered furniture, or stuffed toy; or any person holding for sale any article of secondhand bedding; or a person manufacturing, wholesaling, making, or importing stuffed toys that are sold, consigned, delivered for sale, or offered for sale, or leased in this state must register with the division of industrial compliance. All registrants shall make application to the superintendent for a certificate of registration, which the superintendent shall issue.
(B) Each such registration application shall be accompanied by an annual registration fee of fifty dollars, payable in one amount prior to the annual issuance. Except the following classes of registrants shall pay a registration fee as delineated below and shall be excluded from the annual report requirement and the charges related thereto: secondhand dealers at fifty dollars, renovators at thirty-five dollars, mobile home and recreational vehicle dealers at fifty dollars, and auction houses at fifty dollars. A ,certificate of registration will not be issued for a period of less than one year, and no refunds will be made for unused portions thereof. Registrations are not transferable. Each registration shall expire one year from the date of issuance and is renewable annually unless revoked.
(1) Each registrant, with the exception of wholesalers having a business establishment in the state of Ohio, shall make a report to the director every twelve months. Such reports shall show the exact number of articles manufactured or wholesaled for sale, consigned or delivered for sale, or held for sale, in this state, or renovated for return to an owner in this state, by such registrant, which articles are included in Chapter 3713. of the Revised Code, known as "Inspection of Bedding Materials," and in this chapter.
(2) At the same time the report is submitted, each person required to submit a report shall also pay to the superintendent four cents for each article of bedding or stuffed toy that was manufactured or wholesaled for sale, consigned or delivered for sale, or held for sale, in this state, or that was remade, repaired, or renovated for and returned to an owner in this state.
Reports shall be made under oath that they are true to the best of knowledge and belief of the person making the report. Whenever any registrant fails to make such report and payment, or whenever it is advisable at the discretion of the superintendent, the superintendent or the superintendent's agents shall examine the books and records of the registrant for the purpose of determining the correct amount due from such registrant. Registration shall be forfeited in cases where a registrant has failed to pay either the amount of the registration report found to be owed or the amount of reasonable expenses incurred in making such examination by the division.
(C) No organization described in section 501 (c)(3) of the Internal Revenue Code of 1954, and exempt from income tax under section 501 (a) of the code and that is operated exclusively to provide recreation or social services for persons who are fifty-five years of age or over, shall be required to pay an annual registration fee in order to be registered with the division.
(1) The organization shall submit with its application for registration number, an affidavit signed by the executive officer or director of the organization to the effect that the organization qualifies for an exemption from registration fee under this section and a copy of the Internal Revenue Code form 1023.
(2) Such organizations shall comply with all other requirements of Chapter 3713. of the Revised Code and rules promulgated thereunder.
(D) Any person who is required to register with the division of industrial compliance under paragraph (A) of this rule may apply to the superintendent for an exemption from the annual registration fee and/or annual report requirements of paragraph (B) of this rule and the charges related thereto upon the showing of good cause and that the filing of such would result in undue hardship. The superintendent shall rule on each application for exemption individually as the superintendent sees fit.
(1) If an exemption is granted, the superintendent shall at the same time determine a fixed annual registration fee to be applied in that specific case, not to exceed one hundred dollars.
(2) Such exemption shall not preclude compliance with all other requirements of Chapter 3713. of the Revised Code and rules promulgated thereunder.
Last updated November 5, 2021 at 12:53 AM
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