As Reported by the Senate Highways and Transportation Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 143 5
1997-1998 6
REPRESENTATIVES METZGER-OPFER-VAN VYVEN-METELSKY-MILLER-BENDER- 8
TERWILLEGER-OGG-GARCIA-LEWIS-BOGGS-O'BRIEN-WINKLER-BRADY- 9
REID-ROBERTS-ROMAN-JAMES-COUGHLIN-VERICH 10
12
A B I L L
To amend sections 4503.19, 4503.21, 4745.01, and 14
5703.21 and to enact sections 4775.01 to 4775.11 15
and 4775.99 of the Revised Code to require the 16
registration of motor vehicle collision repair 18
operators and to create the Board of Motor
Vehicle Collision Repair Registration and to 22
supersede the versions of sections 4503.19 and 23
4503.21 of the Revised Code resulting from Am. 24
Sub. S.B. 60 of the 122nd General Assembly. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 4503.19, 4503.21, 4745.01, and 29
5703.21 be amended and sections 4775.01, 4775.02, 4775.03, 31
4775.04, 4775.05, 4775.06, 4775.07, 4775.08, 4775.09, 4775.10,
4775.11, and 4775.99 of the Revised Code be enacted to read as 32
follows:
Sec. 4503.19. Upon the filing of an application for 40
registration and the payment of the tax therefor, the registrar 41
of motor vehicles or a deputy registrar shall determine whether 42
the owner has previously been issued license plates for the motor 43
vehicle described in the application. If no license plates have 44
previously been issued to the owner for that motor vehicle, the 45
registrar or deputy registrar shall assign to the motor vehicle a 46
distinctive number and issue and deliver to the owner in such 47
manner as the registrar may select a certificate of registration, 48
2
in such form as the registrar shall prescribe, and, except as 50
otherwise provided in this section, two license plates, 51
duplicates of each other, and A validation stickers STICKER, or A 52
validation stickers STICKER alone, to be attached to the number 53
plates as provided in section 4503.191 of the Revised Code. The 55
registrar or deputy registrar also shall charge the owner any 56
fees required under division (C) of section 4503.10 of the 57
Revised Code. Trailers, manufactured homes, semitrailers, the 58
manufacturer thereof, the dealer, or in transit companies 59
therein, shall be issued one license plate only and one 60
validation sticker, or a validation sticker alone, which license 61
plate AND VALIDATION STICKER shall be displayed only on the rear 62
of such vehicles. A COMMERCIAL TRACTOR THAT DOES NOT RECEIVE AN 63
APPORTIONED LICENSE PLATE UNDER THE INTERNATIONAL REGISTRATION 64
PLAN SHALL BE ISSUED TWO LICENSE PLATES AND ONE VALIDATION 65
STICKER, WHICH VALIDATION STICKER SHALL BE DISPLAYED ON THE FRONT 66
OF THE COMMERCIAL TRACTOR. An apportioned vehicle receiving an 67
apportioned license plate under the international registration 69
plan shall be issued one license plate only and one validation 70
sticker, or a validation sticker alone; the license plate shall 71
be displayed only on the front of a semitractor and on the rear 72
of all other vehicles. School buses shall not be issued license 73
plates, but shall bear identifying numbers in the manner 74
prescribed by section 4511.764 of the Revised Code. The 75
certificate of registration and license plates and validation 76
stickers, or validation stickers alone, shall be issued and 77
delivered to the owner in person or by mail. Chauffeured 78
limousines shall be issued license plates, a validation sticker, 79
and a livery sticker as provided in section 4503.24 of the 80
Revised Code. In the event of the loss, mutilation, or 81
destruction of any certificate of registration, or of any license 82
plates or validation stickers, or in the event the owner chooses 83
to replace license plates previously issued for a motor vehicle,
OR THE REGISTRATION CERTIFICATE AND LICENSE PLATES HAVE BEEN 84
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IMPOUNDED AS PROVIDED BY DIVISION (F)(1) OF SECTION 4507.02 AND 85
DIVISION (A)(2) OF SECTION 4507.16 OF THE REVISED CODE, the owner 86
of a motor vehicle, or manufacturer or dealer, may obtain from 87
the registrar, or from a deputy registrar if authorized by the 88
registrar, a duplicate thereof or new license plates bearing a 89
different number, if the registrar considers it advisable, upon 91
filing an application prescribed by the registrar, and upon 92
paying a fee of one dollar for such certificate of registration 93
and, a fee of five dollars for each set of two license plates, or 94
three dollars for each single license plate or validation sticker 95
and a service fee of two dollars and twenty-five cents. IN 96
ADDITION, EACH APPLICANT FOR A REPLACEMENT CERTIFICATE OF
REGISTRATION, LICENSE PLATE, OR VALIDATION STICKER SHALL PAY THE 97
FEES PROVIDED IN DIVISIONS (C) AND (D) OF SECTION 4503.10 OF THE 98
REVISED CODE.
Additionally, the registrar and each deputy registrar who 100
either issues license plates and a validation sticker for use on 101
any vehicle other than a commercial tractor, semitrailer, or 103
apportioned vehicle, or who issues a validation sticker alone for 104
use on such a vehicle and the owner has changed the owner's 105
county of residence since the owner last was issued county 106
identification stickers, also shall issue and deliver to the 107
owner either one or two county identification stickers, as 108
appropriate, which shall be attached to the license plates in a 110
manner prescribed by the director of public safety. The county 111
identification stickers shall prominently identify by name or 112
number the county in which the owner of the vehicle resides at 113
the time of registration. 114
Sec. 4503.21. No person who is the owner or operator of a 123
motor vehicle shall fail to display in plain view on the front 124
and rear of such THE motor vehicle the distinctive number and 125
registration mark, including any county identification sticker 126
and any validation sticker issued under sections 4503.19 and 127
4503.191 of the Revised Code, furnished by the director of public 128
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safety, except that a manufacturer of motor vehicles or dealer 129
therein, the holder of an in transit permit, and the owner or 130
operator of a motorcycle, motorized bicycle, manufactured home, 131
trailer, or semitrailer shall display on the rear only. A MOTOR 133
VEHICLE THAT IS ISSUED TWO LICENSE PLATES SHALL DISPLAY THE 134
VALIDATION STICKER ONLY ON THE REAR LICENSE PLATE, EXCEPT THAT A
COMMERCIAL TRACTOR THAT DOES NOT RECEIVE AN APPORTIONED LICENSE 135
PLATE UNDER THE INTERNATIONAL REGISTRATION PLAN SHALL DISPLAY THE 137
VALIDATION STICKER ON THE FRONT OF THE COMMERCIAL TRACTOR. An 139
apportioned vehicle receiving an apportioned license plate under 140
the international registration plan shall display the LICENSE 141
plate only on the front of a semitractor COMMERCIAL TRACTOR and 143
on the rear of all other vehicles. Such number ALL LICENSE 145
plates shall be securely fastened so as not to swing, and shall 146
not be covered by any material that obstructs their visibility. 147
No person to whom a temporary license placard or windshield 149
sticker has been issued for the use of a motor vehicle under 150
section 4503.182 of the Revised Code, and no operator of such 151
THAT motor vehicle, shall fail to display such THE temporary 153
license placard in plain view from the rear of the vehicle either 154
in the rear window or on an external rear surface of the motor 155
vehicle, or fail to display such THE windshield sticker in plain 156
view on the rear window of the motor vehicle. Such NO temporary 157
license placard or windshield sticker shall not be covered by 158
any material that obstructs its visibility. 159
Sec. 4745.01. (A) "Standard renewal procedure," as used 168
in Chapters 905., 907., 909., 911., 913., 915., 917., 918., 921., 169
923., 927., 942., 943., 953., 1321., 3710., 3713., 3717., 3719., 170
3731., 3742., 3748., 3769., 3783., 3905., 3921., 3951., 4104., 171
4105., 4143., 4169., 4561., 4701., 4703., 4707., 4709., 4713., 172
4715., 4717., 4723., 4725., 4727., 4728., 4729., 4731., 4733., 173
4734., 4735., 4739., 4741., 4747., 4749., 4753., 4755., 4757., 174
4759., 4761., 4766., and 4773., AND 4775. of the Revised Code, 176
means the license renewal procedures specified in this chapter. 177
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(B) "Licensing agency," as used in this chapter, means any 179
department, division, board, section of a board, or other state 180
governmental unit subject to the standard renewal procedure, as 181
defined in this section, and authorized by the Revised Code to 182
issue a license to engage in a specific profession, occupation, 183
or occupational activity, or to have charge of and operate 184
certain specified equipment, machinery, or premises. 185
(C) "License," as used in this chapter, means a license, 187
certificate, permit, card, or other authority issued or conferred 188
by a licensing agency by authority of which the licensee has or 189
claims the privilege to engage in the profession, occupation, or 190
occupational activity, or to have control of and operate certain 191
specific equipment, machinery, or premises, over which the 192
licensing agency has jurisdiction. 193
(D) "Licensee," as used in this chapter, means either the 195
person to whom the license is issued or renewed by a licensing 196
agency, or the person, partnership, or corporation at whose 197
request the license is issued or renewed. 198
(E) "Renewal" and "renewed," as used in this chapter and 200
in the chapters of the Revised Code specified in division (A) of 201
this section, includes the continuing licensing procedure 202
provided in Chapter 3748. of the Revised Code and rules adopted 204
under it and in sections 1321.05, 3905.01, 3905.02, 3905.07,
3905.18, and 3921.33 of the Revised Code, and as applied to those 205
continuing licenses any reference in this chapter to the date of 206
expiration of any license shall be construed to mean the due date 207
of the annual or other fee for the continuing license. 208
Sec. 4775.01. AS USED IN THIS CHAPTER: 210
(A) "MOTOR VEHICLE" HAS THE SAME MEANING AS IN SECTION 212
4501.01 OF THE REVISED CODE. 213
(B) "MOTOR VEHICLE COLLISION REPAIR OPERATOR" MEANS A 215
PERSON WHO OWNS OR MANAGES, IN WHOLE OR IN PART, A MOTOR VEHICLE 216
COLLISION REPAIR FACILITY, WHETHER OR NOT MECHANICAL OR OTHER 220
REPAIRS ALSO ARE PERFORMED AT THE FACILITY, BUT DOES NOT MEAN ANY
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OF THE FOLLOWING: 221
(1) AN EMPLOYEE, OTHER THAN A MANAGER, OF A MOTOR VEHICLE 223
COLLISION REPAIR OPERATOR; 224
(2) A MOTOR VEHICLE DEALER LICENSED PURSUANT TO SECTIONS 226
4517.01 TO 4517.45 OF THE REVISED CODE; 227
(3) A MOTOR VEHICLE DEALER LICENSED PURSUANT TO SECTIONS 230
4517.01 TO 4517.45 OF THE REVISED CODE WHO ALSO IS THE OWNER, 231
PART OWNER, OR OPERATOR OF A MOTOR VEHICLE COLLISION REPAIR 232
FACILITY;
(4) A MOTOR VEHICLE AUCTION OWNER LICENSED PURSUANT TO 234
SECTIONS 4517.01 TO 4517.45 OF THE REVISED CODE; 236
(5) A MOTOR VEHICLE LEASING DEALER LICENSED PURSUANT TO 238
SECTIONS 4517.01 TO 4517.45 OF THE REVISED CODE; 239
(6) A MOTOR VEHICLE SALVAGE DEALER LICENSED PURSUANT TO 241
SECTIONS 4738.01 TO 4738.18 OF THE REVISED CODE; 243
(7) A PERSON OR LESSEE WHO OWNS OR LEASES TEN OR MORE 245
MOTOR VEHICLES USED PRINCIPALLY IN CONNECTION WITH ANY 246
ESTABLISHED BUSINESS AND WHO DOES NOT PERFORM MOTOR VEHICLE 247
COLLISION REPAIRS ON MOTOR VEHICLES OTHER THAN THE MOTOR VEHICLES 248
USED PRINCIPALLY IN CONNECTION WITH THE ESTABLISHED BUSINESS;
(8) A MOTOR VEHICLE RENTING DEALER AS DEFINED IN DIVISION 250
(A)(2) OF SECTION 4549.65 OF THE REVISED CODE WHO DOES NOT 251
PERFORM MOTOR VEHICLE COLLISION REPAIRS ON MOTOR VEHICLES OTHER 252
THAN THE MOTOR VEHICLES USED IN CONNECTION WITH THE ESTABLISHED 253
MOTOR VEHICLE RENTING BUSINESS;
(9) A PERSON WHO PERFORMS COLLISION REPAIRS TO THE MOTOR 255
VEHICLES OF A SINGLE COMMERCIAL, INDUSTRIAL, OR GOVERNMENTAL 256
ESTABLISHMENT EXCLUSIVELY AND DOES NOT OFFER OR PROVIDE MOTOR 257
VEHICLE COLLISION REPAIR SERVICE TO THE GENERAL PUBLIC; 258
(10) THE OWNER, PART OWNER, OR OFFICER OF, OR INSTRUCTOR 260
EMPLOYED BY AN EDUCATIONAL INSTITUTION THAT PROVIDES INSTRUCTION 261
IN MOTOR VEHICLE COLLISION REPAIR WHILE THE OWNER, PART OWNER, 262
OFFICER OF, OR INSTRUCTOR IS ENGAGING IN ACTIVITY IN FURTHERANCE 263
OF INSTRUCTION IN MOTOR VEHICLE COLLISION REPAIR.
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(C) "MOTOR VEHICLE COLLISION REPAIR FACILITY" MEANS A 265
BUSINESS LOCATION IN WHICH FIVE OR MORE SEPARATE MOTOR VEHICLE 266
COLLISION REPAIRS ARE PERFORMED FOR THE GENERAL PUBLIC IN A 269
TWELVE-MONTH PERIOD, COMMENCING WITH THE DAY OF THE MONTH IN 270
WHICH THE FIRST SUCH REPAIR IS MADE. 271
Sec. 4775.02. NO PERSON SHALL ACT AS A MOTOR VEHICLE 273
COLLISION REPAIR OPERATOR UNLESS THE PERSON IS REGISTERED IN 274
ACCORDANCE WITH THIS CHAPTER.
Sec. 4775.03. (A) THERE IS HEREBY CREATED THE BOARD OF 276
MOTOR VEHICLE COLLISION REPAIR REGISTRATION CONSISTING OF SEVEN 277
MEMBERS APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF 278
THE SENATE. EACH MEMBER OF THE BOARD SHALL BE A RESIDENT OF THE 279
STATE. FIVE MEMBERS SHALL BE MOTOR VEHICLE COLLISION REPAIR 280
OPERATORS. ONE MEMBER SHALL POSSESS EXPERTISE IN MOTOR VEHICLE 281
MECHANICAL REPAIR, AND ONE MEMBER SHALL BE A REPRESENTATIVE OF
THE PUBLIC WHO HAS NO FINANCIAL INTEREST IN THE MOTOR VEHICLE 282
REPAIR INDUSTRY.
(B) WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS 284
SECTION, THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO THE 285
BOARD. OF THE INITIAL APPOINTEES, TWO ARE FOR TERMS ENDING ON 286
JANUARY 1, 1998, TWO ARE FOR TERMS ENDING ON JANUARY 1, 1999, TWO 287
ARE FOR TERMS ENDING ON JANUARY 1, 2000, AND ONE IS FOR A TERM 288
ENDING ON JANUARY 1, 2001. THEREAFTER, TERMS OF OFFICE ARE FOR 289
THREE YEARS, WITH EACH TERM ENDING ON THE SAME DAY OF THE SAME 290
MONTH AS DID THE TERM THAT IT SUCCEEDS. EACH MEMBER SHALL HOLD 291
OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR 292
WHICH THE MEMBER WAS APPOINTED. VACANCIES SHALL BE FILLED IN THE
MANNER PRESCRIBED FOR ORIGINAL APPOINTMENTS. ANY MEMBER 293
APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF 294
THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL 295
HOLD OFFICE FOR THE REMAINDER OF THE TERM. A MEMBER SHALL 296
CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE
MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, OR UNTIL 297
A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. NO 298
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PERSON SHALL SERVE AS A MEMBER OF THE BOARD FOR MORE THAN TWO 299
CONSECUTIVE FULL THREE-YEAR TERMS.
(C) IN MAKING APPOINTMENTS TO THE BOARD UNDER DIVISION (B) 302
OF THIS SECTION, THE GOVERNOR SHALL SELECT THE MOTOR VEHICLE
COLLISION REPAIR OPERATOR MEMBERS AND THE MEMBER WITH EXPERTISE 303
IN MOTOR VEHICLE MECHANICAL REPAIR AS PROVIDED IN THIS DIVISION. 304
WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE 305
AUTOMOTIVE SERVICE ASSOCIATION OF OHIO, INC., SHALL SUBMIT A LIST 306
CONTAINING TWO NAMES FOR THE MOTOR VEHICLE MECHANICAL REPAIR 307
MEMBER AND TWELVE NAMES FOR THE MOTOR VEHICLE COLLISION REPAIR 308
MEMBERS AND THE GOVERNOR MAY APPOINT INDIVIDUALS FROM THE LIST TO 309
FILL THOSE SIX POSITIONS. THEREAFTER, WITHIN SIXTY DAYS OF A
VACANCY OCCURRING AS A RESULT OF THE EXPIRATION OF A TERM AND 310
WITHIN THIRTY DAYS AFTER OTHER VACANCIES OCCURRING ON THE BOARD, 311
THE AUTOMOTIVE SERVICE ASSOCIATION OF OHIO, INC., SHALL SUBMIT A 312
LIST CONTAINING THREE NAMES FOR EACH VACANCY AND THE GOVERNOR MAY 313
APPOINT ONE OF THE INDIVIDUALS FROM THE LIST TO FILL THE VACANCY. 314
IF THE AUTOMOTIVE SERVICE ASSOCIATION OF OHIO, INC., FOR ITS 315
RESPECTIVE APPOINTEES, FAILS TO MAKE THE RECOMMENDATIONS TO THE
GOVERNOR WITHIN THE TIME LIMITS SET BY THIS DIVISION, THE 316
GOVERNOR SHALL APPOINT AN INDIVIDUAL OF THE GOVERNOR'S OWN 317
CHOOSING PROVIDED THAT THE INDIVIDUAL MEETS THE QUALIFICATIONS OF 318
DIVISION (A) OF THIS SECTION.
(D) BEFORE ENTERING UPON THE DUTIES OF OFFICE, EACH MEMBER 320
SHALL TAKE AN OATH OF OFFICE AS REQUIRED BY SECTION 3.22 OF THE 321
REVISED CODE. THE GOVERNOR MAY REMOVE ANY MEMBER FOR MISCONDUCT, 322
NEGLECT OF DUTY, INCAPACITY, OR MALFEASANCE IN ACCORDANCE WITH 323
SECTION 3.04 OF THE REVISED CODE.
(E) THE BOARD SHALL MEET AT LEAST FOUR TIMES EACH YEAR, 325
AND ADDITIONAL MEETINGS MAY BE HELD UPON THE WRITTEN REQUEST OF 326
ANY FOUR MEMBERS OF THE BOARD OR UPON THE CALL OF THE 327
CHAIRPERSON. THE BOARD SHALL ELECT FROM AMONG ITS MEMBERSHIP A 328
CHAIRPERSON AND VICE-CHAIRPERSON, EACH OF WHOM SHALL SERVE FOR A 329
TERM OF ONE YEAR. A MAJORITY OF THE MEMBERS OF THE BOARD
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CONSTITUTES A QUORUM TO TRANSACT AND VOTE ON THE BUSINESS OF THE 330
BOARD. THE CHAIRPERSON MAY APPOINT COMMITTEES AS THE CHAIRPERSON 331
CONSIDERS NECESSARY TO CARRY OUT THE DUTIES OF THE BOARD. 332
(F) EACH MEMBER OF THE BOARD SHALL RECEIVE A PER DIEM 334
AMOUNT FIXED PURSUANT TO SECTION 124.15 OF THE REVISED CODE WHEN 335
ACTUALLY ATTENDING TO MATTERS OF THE BOARD AND FOR THE TIME SPENT 336
IN NECESSARY TRAVEL, AND ALL ACTUAL AND NECESSARY EXPENSES 337
INCURRED IN THE DISCHARGE OF THE MEMBER'S DUTIES.
Sec. 4775.04. (A) THE BOARD OF MOTOR VEHICLE COLLISION 339
REPAIR REGISTRATION SHALL DO ALL OF THE FOLLOWING: 340
(1) ADOPT RULES AS NECESSARY TO CARRY OUT THE PURPOSES OF 342
THIS CHAPTER. THE RULES SHALL INCLUDE REQUIREMENTS FOR THE TYPE 343
OF LIABILITY INSURANCE REQUIRED UNDER DIVISION (A) OF SECTION 344
4775.07 OF THE REVISED CODE. THE RULES SHALL PERMIT THE USE OF 345
AN INSURANCE POLICY ISSUED BY ANY INSURER AUTHORIZED TO ISSUE 346
THAT TYPE OF INSURANCE IN THIS STATE.
(2) APPOINT AN EXECUTIVE DIRECTOR TO SERVE AT THE PLEASURE 348
OF THE BOARD;
(3) DIRECT THE EXECUTIVE DIRECTOR AS TO HOW THE EXECUTIVE 350
DIRECTOR SHALL PERFORM THE DUTIES IMPOSED UNDER THIS CHAPTER; 351
(4) CONSIDER AND MAKE RECOMMENDATIONS IN REGARD TO ALL 353
MATTERS SUBMITTED TO THE BOARD BY THE EXECUTIVE DIRECTOR; 354
(5) DETERMINE WHETHER TO REFUSE TO ISSUE OR RENEW A 356
REGISTRATION CERTIFICATE OR DETERMINE WHETHER TO WAIVE A 358
SUSPENSION OF A REGISTRATION CERTIFICATE AS PROVIDED IN DIVISION 359
(D) OF SECTION 4775.07 OF THE REVISED CODE;
(6) DO ALL ACTS AND PERFORM ALL FUNCTIONS AS ARE NECESSARY 361
FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER. 362
(B) NOTHING IN THIS CHAPTER SHALL BE INTERPRETED AS 364
GRANTING THE BOARD ANY AUTHORITY OVER A MOTOR VEHICLE COLLISION 365
REPAIR OPERATOR CONCERNING THE QUALITY OF WORK PERFORMED IN THE 366
REPAIR OF, OR INSTALLATION OF PARTS ON, MOTOR VEHICLES. 367
Sec. 4775.05. (A) THE BOARD OF MOTOR VEHICLE COLLISION 369
REPAIR REGISTRATION SHALL APPOINT AN INDIVIDUAL WHO IS NOT A 370
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MEMBER OF THE BOARD AS A FULL-TIME EMPLOYEE OF THE BOARD TO SERVE 371
AS THE EXECUTIVE DIRECTOR OF THE BOARD. THE EXECUTIVE DIRECTOR 372
SHALL SERVE AT THE PLEASURE AND DIRECTION OF THE BOARD. THE 373
DIRECTOR OF ADMINISTRATIVE SERVICES SHALL ESTABLISH THE EXECUTIVE 374
DIRECTOR'S SALARY IN A PAY RANGE AS PROVIDED IN DIVISION (J) OF 375
SECTION 124.15 OF THE REVISED CODE. THE EXECUTIVE DIRECTOR,
SUBJECT TO THE APPROVAL OF THE BOARD, SHALL DETERMINE THE OFFICE 376
SPACE, SUPPLIES, AND PROFESSIONAL AND CLERICAL ASSISTANCE 377
NECESSARY TO EFFECTIVELY PERFORM THE EXECUTIVE DIRECTOR'S DUTIES. 378
(B) THE EXECUTIVE DIRECTOR SHALL PERFORM ALL THE FOLLOWING 380
DUTIES: 381
(1) REVIEW AND SUBMIT TO THE BOARD, FOR ITS APPROVAL, 383
APPLICATIONS FOR REGISTRATION PURSUANT TO SECTION 4775.07 OF THE 384
REVISED CODE;
(2) ISSUE REGISTRATION CERTIFICATES, AS APPROVED BY THE 386
BOARD, TO PERSONS WHO MEET THE QUALIFICATIONS FOR REGISTRATION 387
UNDER DIVISION (A) OF SECTION 4775.07 OF THE REVISED CODE; 388
(3) MAINTAIN A WRITTEN RECORD OF ALL PERSONS REGISTERED 390
PURSUANT TO SECTION 4775.07 OF THE REVISED CODE. THE RECORD 391
SHALL INCLUDE THE NAME, ADDRESS, AND MOTOR VEHICLE COLLISION 392
REPAIR REGISTRATION CERTIFICATE NUMBER OF EACH REGISTERED MOTOR 393
VEHICLE COLLISION REPAIR OPERATOR. THE EXECUTIVE DIRECTOR SHALL
MAKE THIS RECORD AVAILABLE TO ANY PERSON UPON REQUEST AND PAYMENT 394
OF A FEE SUFFICIENT TO COVER THE COST OF COPYING THE RECORD. 395
(4) COLLECT ALL FEES PURSUANT TO SECTION 4775.08 OF THE 397
REVISED CODE;
(5) APPOINT ENFORCEMENT OFFICERS AS NEEDED TO ASSIST THE 399
EXECUTIVE DIRECTOR IN CARRYING OUT THIS CHAPTER, WHO SHALL SERVE 400
AT THE PLEASURE OF THE DIRECTOR; 401
(6) GATHER EVIDENCE OF VIOLATIONS OF THIS CHAPTER BY ANY 403
PERSON OR MOTOR VEHICLE COLLISION REPAIR OPERATOR, OR ANY PARTNER 405
OR OFFICER OF ANY MOTOR VEHICLE COLLISION REPAIR OPERATOR, AND,
UPON REASONABLE BELIEF THAT A VIOLATION HAS OCCURRED, PRESENT THE 406
EVIDENCE TO THE BOARD FOR ITS CONSIDERATION. NOTHING IN DIVISION 407
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(B)(6) OF THIS SECTION SHALL BE CONSTRUED AS AUTHORIZING THE 408
EXECUTIVE DIRECTOR OR THE BOARD TO ENFORCE ANY PROVISION OF LAW 409
OTHER THAN THIS CHAPTER. IF, HOWEVER, THE EXECUTIVE DIRECTOR OR 410
BOARD, IN CONDUCTING INVESTIGATIONS UNDER THOSE SECTIONS, 411
DETERMINES OR SUSPECTS THAT A PERSON HAS VIOLATED ANY OTHER 412
PROVISION OF LAW, THE EXECUTIVE DIRECTOR OR BOARD SHALL NOTIFY 413
THE GOVERNMENTAL ENTITY THAT IS RESPONSIBLE FOR ENFORCEMENT OF
THAT PROVISION OF LAW. 414
(7) SERVE AS SECRETARY OF THE BOARD AND MAINTAIN A WRITTEN 416
RECORD OF ALL OF THE PROCEEDINGS OF THE BOARD; 417
(8) NOTIFY ALL MOTOR VEHICLE COLLISION REPAIR OPERATORS OF 419
CHANGES IN THE MOTOR VEHICLE COLLISION REPAIR LAW AND RULES 421
ADOPTED PURSUANT TO THAT LAW;
(9) DO ALL OTHER THINGS REQUESTED BY THE BOARD FOR THE 423
ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER. 424
(C) THE EXECUTIVE DIRECTOR MAY PROVIDE INFORMATION 426
RELEVANT TO MOTOR VEHICLE COLLISION REPAIR TO MOTOR VEHICLE 427
COLLISION REPAIR OPERATORS OR OTHER PERSONS, AND MAY COMMUNICATE 428
WITH ANY PERSON, OR RESPOND TO COMMUNICATIONS FROM ANY PERSON, IN 429
MATTERS PERTAINING TO MOTOR VEHICLE COLLISION REPAIR. 430
Sec. 4775.06. AN ENFORCEMENT OFFICER APPOINTED BY THE 432
EXECUTIVE DIRECTOR TO ASSIST THE EXECUTIVE DIRECTOR IN CARRYING 433
OUT THIS CHAPTER SHALL REPORT TO THE EXECUTIVE DIRECTOR AND THE 434
BOARD OF MOTOR VEHICLE COLLISION REPAIR REGISTRATION THE NAME AND 435
ADDRESS OF ANY MOTOR VEHICLE COLLISION REPAIR OPERATOR THAT THE 436
OFFICER HAS REASONABLE GROUNDS TO BELIEVE IS OPERATING IN
VIOLATION OF THIS CHAPTER, AND SHALL NOTIFY THE OPERATOR OF THE 437
SUSPECTED VIOLATION. WITHIN SIXTY DAYS AFTER NOTIFICATION IS 438
SENT, AN ENFORCEMENT OFFICER SHALL DETERMINE WHETHER THE MOTOR 439
VEHICLE COLLISION REPAIR OPERATOR WHO HAS BEEN NOTIFIED OF A 441
SUSPECTED VIOLATION HAS COME INTO COMPLIANCE WITH THE
REQUIREMENTS OF THIS CHAPTER. IF THE MOTOR VEHICLE COLLISION 442
REPAIR OPERATOR FAILS TO CORRECT THE SUSPECTED VIOLATION WITHIN 443
SIXTY DAYS AFTER THE DATE THE OPERATOR RECEIVES THE NOTIFICATION, 444
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THE ENFORCEMENT OFFICER SHALL NOTIFY THE EXECUTIVE DIRECTOR AND 445
THE BOARD OF THE OPERATOR'S FAILURE TO CORRECT THE SUSPECTED 446
VIOLATION. UPON RECEIVING A SECOND NOTIFICATION OF AN OPERATOR'S
FAILURE TO COMPLY WITH THIS CHAPTER, THE EXECUTIVE DIRECTOR SHALL 447
NOTIFY THE GOVERNMENT ENTITY HAVING ENFORCEMENT AUTHORITY OVER 448
THE CONDITION OR ACTIVITY GIVING RISE TO THE SUSPECTED VIOLATION 449
IN WRITING OF THE CONDITION OR ACTIVITY, THE NATURE OF THE 451
SUSPECTED VIOLATION, AND THE NAME AND ADDRESS OF THE OPERATOR 452
SUSPECTED OF VIOLATING THIS CHAPTER. AN ENFORCEMENT OFFICER 453
SHALL MONITOR PERIODICALLY THE PROGRESS OF ANY ACTION TAKEN IN 454
CONNECTION WITH THE SUSPECTED VIOLATION WITH THE APPROPRIATE 455
GOVERNMENT ENTITY, INCLUDING ANY INVESTIGATION OR CHARGES THAT 456
ARE FILED IN CONNECTION WITH THE SUSPECTED VIOLATION. UPON
OBTAINING SUCH INFORMATION, THE EXECUTIVE DIRECTOR OR THE 457
ENFORCEMENT OFFICER MONITORING SUCH PROGRESS SHALL NOTIFY THE 458
BOARD OF THE PROGRESS OF THE SUSPECTED VIOLATION AND ANY 459
ACCOMPANYING INVESTIGATION, CHARGES, OR OTHER ACTION TAKEN IN 460
CONNECTION WITH THE SUSPECTED VIOLATION.
Sec. 4775.07. (A) ANY PERSON REQUIRED TO BE REGISTERED AS 462
A MOTOR VEHICLE COLLISION REPAIR OPERATOR SHALL APPLY TO THE 463
BOARD OF MOTOR VEHICLE COLLISION REPAIR REGISTRATION UPON FORMS 464
PRESCRIBED BY THE BOARD. THE FORMS SHALL CONTAIN SUFFICIENT 465
INFORMATION TO IDENTIFY THE APPLICANT, INCLUDING NAME, ADDRESS, 466
STATE TAX IDENTIFICATION NUMBER, AND ANY OTHER IDENTIFYING DATA 467
PRESCRIBED BY RULE OF THE BOARD. IF THE APPLICANT IS A
PARTNERSHIP, IDENTIFYING DATA AS PRESCRIBED BY THE BOARD MAY BE 468
REQUIRED FOR EACH PARTNER. IF THE APPLICANT IS A CORPORATION, 469
IDENTIFYING DATA MAY BE REQUIRED FOR EACH OFFICER OF THE 470
CORPORATION AND EACH PERSON IN CHARGE OF EACH PLACE OF THE MOTOR 471
VEHICLE COLLISION REPAIR OPERATOR'S BUSINESS IN THIS STATE. THE 472
APPLICANT SHALL AFFIRM THE APPLICATION BY OATH. THE APPLICANT 473
SHALL INCLUDE WITH THE APPLICATION THE INITIAL REGISTRATION FEE 474
SET FORTH IN SECTION 4775.08 OF THE REVISED CODE AND PROOF
SATISFACTORY TO THE BOARD THAT THE APPLICANT HAS A CURRENT STATE 476
13
AND FEDERAL TAX IDENTIFICATION NUMBER, A VALID VENDOR'S LICENSE
ISSUED PURSUANT TO SECTION 5739.17 OF THE REVISED CODE, A UNITED 477
STATES ENVIRONMENTAL PROTECTION AGENCY IDENTIFICATION NUMBER 478
ISSUED UNDER THE "RESOURCE CONSERVATION AND RECOVERY ACT OF 479
1976," 90 STAT. 2795, 42 U.S.C.A. 6901, AS AMENDED, AND 480
REGULATIONS ADOPTED UNDER THAT ACT, GENERAL LIABILITY INSURANCE 481
AND LIABILITY INSURANCE THAT PROTECTS A PERSON AGAINST LIABILITY 483
FOR DAMAGE TO MOTOR VEHICLES IN THE APPLICANT'S CARE, CUSTODY, OR 484
CONTROL IN AN AMOUNT AND FORM THAT CONFORMS TO THE RULES THE
BOARD ADOPTS UNDER SECTION 4775.04 OF THE REVISED CODE, AND 485
COVERAGE UNDER CHAPTERS 4123. AND 4141. OF THE REVISED CODE. IN 486
ADDITION, THE APPLICANT SHALL AFFIRM THAT THE APPLICANT IS IN 487
COMPLIANCE WITH ALL APPLICABLE FEDERAL AND STATE STATUTES AND 488
RULES AND ALL LOCAL ORDINANCES AND RESOLUTIONS, INCLUDING ALL
APPLICABLE ZONING REGULATIONS. 489
(B) UPON RECEIPT OF THE COMPLETED APPLICATION FORM AND 491
FEES AND AFTER THE BOARD DETERMINES THAT THE APPLICANT MEETS THE 492
REQUIREMENTS FOR REGISTRATION UNDER DIVISION (A) OF THIS SECTION, 493
THE BOARD SHALL DIRECT THE EXECUTIVE DIRECTOR TO ISSUE A 494
REGISTRATION CERTIFICATE TO THE APPLICANT FOR EACH PLACE OF 495
BUSINESS. THE MOTOR VEHICLE COLLISION REPAIR OPERATOR SHALL 496
DISPLAY THE REGISTRATION CERTIFICATE IN A CONSPICUOUS PLACE ON
THE PREMISES OF THE BUSINESS FOR WHICH THE REGISTRATION IS 497
OBTAINED.
(C) EACH REGISTRATION CERTIFICATE ISSUED UNDER THIS 499
SECTION EXPIRES ANNUALLY ON THE DATE OF ITS ORIGINAL ISSUANCE AND 501
MAY BE RENEWED IN ACCORDANCE WITH THE STANDARD RENEWAL PROCEDURE 502
OF CHAPTER 4745. OF THE REVISED CODE. THE APPLICATION FOR A 503
RENEWAL OF A REGISTRATION CERTIFICATE SHALL BE ACCOMPANIED BY THE
SAME INFORMATION AND PROOF AS IS REQUIRED TO ACCOMPANY AN INITIAL 504
APPLICATION UNDER DIVISION (A) OF THIS SECTION. 505
(D) WHEN A MOTOR VEHICLE COLLISION REPAIR OPERATOR 507
EXPERIENCES A CHANGE IN ANY INFORMATION OR DATA REQUIRED UNDER 508
DIVISION (A) OF THIS SECTION OR BY RULE OF THE BOARD FOR 509
14
REGISTRATION AS A MOTOR VEHICLE COLLISION REPAIR OPERATOR, THE 510
MOTOR VEHICLE COLLISION REPAIR OPERATOR SHALL SUBMIT WRITTEN 511
NOTIFICATION OF THE CHANGE TO THE BOARD WITHIN SIXTY DAYS AFTER
THE DATE THAT THE INFORMATION BECOMES OBSOLETE. IF A MOTOR 512
VEHICLE COLLISION REPAIR OPERATOR FAILS TO SUBMIT THE WRITTEN 513
NOTIFICATION OF A CHANGE IN INFORMATION OR DATA WITHIN SIXTY DAYS 514
AFTER THE CHANGE IN INFORMATION OR DATA, THE OPERATOR'S 515
REGISTRATION CERTIFICATE IS AUTOMATICALLY SUSPENDED, EXCEPT THAT 516
THE BOARD MAY WAIVE THE SUSPENSION FOR GOOD CAUSE SHOWN. 517
(E) NOTWITHSTANDING SECTION 5703.21 OF THE REVISED CODE, 520
THE DEPARTMENT OF TAXATION MAY DISCLOSE TO THE BOARD ANY 521
INFORMATION NECESSARY FOR THE BOARD TO VERIFY THE EXISTENCE OF AN 523
APPLICANT'S VALID VENDOR'S LICENSE AND CURRENT STATE TAX 524
IDENTIFICATION NUMBER.
Sec. 4775.08. (A) THE INITIAL AND ANNUAL RENEWAL FEE FOR 526
A MOTOR VEHICLE COLLISION REPAIR REGISTRATION CERTIFICATE AND FOR 527
A TEMPORARY MOTOR VEHICLE COLLISION REPAIR REGISTRATION 528
CERTIFICATE IS ONE HUNDRED DOLLARS FOR EACH BUSINESS LOCATION AT 529
WHICH THE MOTOR VEHICLE COLLISION REPAIR OPERATOR CONDUCTS 530
BUSINESS AS AN OPERATOR, EXCEPT THAT THE BOARD OF MOTOR VEHICLE 531
COLLISION REPAIR REGISTRATION, WITH THE APPROVAL OF THE
CONTROLLING BOARD, MAY ESTABLISH FEES IN EXCESS OF OR LESS THAN 532
THAT AMOUNT, PROVIDED THAT SUCH FEES DO NOT EXCEED OR ARE NOT 533
LESS THAN THAT AMOUNT BY MORE THAN FIFTY PER CENT. 534
THE BOARD SHALL ADJUST THE FEES AS NECESSARY IN ORDER TO 536
PROVIDE FOR THE EXPENSES ASSOCIATED WITH CARRYING OUT THIS 537
CHAPTER WITHOUT CAUSING AN EXCESSIVE BUILD-UP OF SURPLUS FUNDS IN 538
THE MOTOR VEHICLE COLLISION REPAIR REGISTRATION FUND. 539
(B) THE BOARD SHALL DEPOSIT ALL FEES AND FINES COLLECTED 541
UNDER THIS CHAPTER INTO THE MOTOR VEHICLE COLLISION REPAIR 542
REGISTRATION FUND, WHICH IS HEREBY CREATED IN THE STATE TREASURY. 543
THE BOARD SHALL USE THE FUND SOLELY FOR THE ADMINISTRATION AND 544
ENFORCEMENT OF THIS CHAPTER.
Sec. 4775.09. (A) IN ACCORDANCE WITH CHAPTER 119. OF THE 546
15
REVISED CODE, THE BOARD OF MOTOR VEHICLE COLLISION REPAIR 547
REGISTRATION MAY REFUSE TO ISSUE OR RENEW A REGISTRATION 548
CERTIFICATE OR MAY DETERMINE WHETHER TO WAIVE A SUSPENSION OF A 549
REGISTRATION CERTIFICATE AS PROVIDED IN DIVISION (D) OF SECTION 550
4775.07 OF THE REVISED CODE. 551
(B) THE COURT OF COMMON PLEAS FOR THE COUNTY IN WHICH ANY 553
PERSON CONDUCTS, OR ATTEMPTS TO CONDUCT, BUSINESS AS A MOTOR 554
VEHICLE COLLISION REPAIR OPERATOR IN VIOLATION OF THIS CHAPTER OR 555
ANY RULE ADOPTED UNDER THIS CHAPTER MAY, ON APPLICATION OF THE 556
BOARD, ISSUE AN INJUNCTION, A CEASE AND DESIST ORDER, OR OTHER 558
APPROPRIATE ORDER RESTRAINING THE PERSON FROM CONTINUING THE
VIOLATION. THIS SECTION SHALL OPERATE IN ADDITION TO AND SHALL 559
NOT PROHIBIT THE ENFORCEMENT OF ANY OTHER LAW. 560
(C) UPON THE REQUEST OF THE EXECUTIVE DIRECTOR OR AS A 563
RESULT OF COMPLAINTS, THE BOARD SHALL INVESTIGATE THE ALLEGED 564
VIOLATION.
(D) NO PERSON REQUIRED TO BE REGISTERED UNDER THIS CHAPTER 566
SHALL HAVE THE BENEFIT OF ANY LIEN FOR LABOR OR MATERIALS UNLESS 567
THE PERSON IS REGISTERED UNDER THIS CHAPTER. 568
(E) NO PERSON WHOSE APPLICATION FOR REGISTRATION UNDER 570
THIS CHAPTER IS DENIED SHALL OPEN OR OPERATE A FACILITY FOR 572
BUSINESS AS A MOTOR VEHICLE COLLISION REPAIR FACILITY UNDER THE 573
NAME OF THE PERSON DESIGNATED IN THE APPLICATION FOR A
REGISTRATION CERTIFICATE OR UNDER ANY OTHER NAME PRIOR TO 574
REGISTERING AS A MOTOR VEHICLE COLLISION REPAIR OPERATOR IN 576
ACCORDANCE WITH THIS CHAPTER.
Sec. 4775.10. (A) A MOTOR VEHICLE COLLISION REPAIR 579
OPERATOR WHO SUBSTANTIALLY COMPLIES WITH THE REQUIREMENTS OF THIS 580
CHAPTER FOR REGISTRATION AS A MOTOR VEHICLE COLLISION REPAIR 581
OPERATOR AND WHO IS MAKING A GOOD FAITH EFFORT TOWARD ACHIEVING 582
COMPLIANCE WITH ALL REQUIREMENTS OF THIS CHAPTER MAY OBTAIN A 583
TEMPORARY MOTOR VEHICLE COLLISION REPAIR REGISTRATION 584
CERTIFICATE. FOLLOWING THE APPLICATION OF, AND PAYMENT OF A FEE 585
BY A MOTOR VEHICLE COLLISION REPAIR OPERATOR, THE BOARD OF MOTOR 586
16
VEHICLE COLLISION REPAIR REGISTRATION, IN ITS DISCRETION, MAY 587
DIRECT THE EXECUTIVE DIRECTOR TO ISSUE A TEMPORARY REGISTRATION 588
CERTIFICATE TO A MOTOR VEHICLE COLLISION REPAIR OPERATOR THE 591
BOARD FINDS TO BE IN SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS 592
OF THIS CHAPTER FOR REGISTRATION AND WHO IS MAKING A GOOD FAITH 593
EFFORT TOWARD ACHIEVING COMPLIANCE WITH ALL REQUIREMENTS OF THIS 594
CHAPTER.
EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C) OF THIS 597
SECTION, A TEMPORARY REGISTRATION CERTIFICATE IS EFFECTIVE FOR 599
ONE YEAR FROM THE DATE OF ISSUANCE OR UNTIL THE DATE THE MOTOR 600
VEHICLE COLLISION REPAIR OPERATOR OBTAINS A REGULAR MOTOR VEHICLE 601
COLLISION REPAIR REGISTRATION CERTIFICATE UNDER THIS CHAPTER, 602
WHICHEVER DATE OCCURS FIRST. IF A MOTOR VEHICLE COLLISION REPAIR
OPERATOR OBTAINS A REGULAR REGISTRATION CERTIFICATE PRIOR TO THE 604
EXPIRATION OF THE OPERATOR'S TEMPORARY REGISTRATION CERTIFICATE, 605
A PORTION OF THE FEE PAID BY THE MOTOR VEHICLE COLLISION REPAIR 606
OPERATOR TO OBTAIN THE TEMPORARY REGISTRATION CERTIFICATE SHALL 607
BE APPLIED TO THE FEE IMPOSED UNDER SECTION 4775.08 OF THE 608
REVISED CODE TO OBTAIN A REGULAR REGISTRATION CERTIFICATE IN AN 609
AMOUNT THAT CORRESPONDS TO THE PORTION OF THE YEAR THE OPERATOR 610
IS NOT UTILIZING THE TEMPORARY REGISTRATION CERTIFICATE. 611
UPON RECEIVING DIRECTION FROM THE BOARD, THE EXECUTIVE 614
DIRECTOR SHALL ISSUE A TEMPORARY REGISTRATION CERTIFICATE. 615
(B) THE BOARD SHALL ADOPT RULES IN ACCORDANCE WITH 619
CHAPTER 119. OF THE REVISED CODE THAT SPECIFY CRITERIA A MOTOR 622
VEHICLE COLLISION REPAIR OPERATOR SHALL MEET IN ORDER TO BE 623
CONSIDERED TO BE IN SUBSTANTIAL COMPLIANCE WITH THE REGISTRATION 624
REQUIREMENTS OF THIS CHAPTER, AND THAT SPECIFY CRITERIA A MOTOR
VEHICLE COLLISION REPAIR OPERATOR SHALL MEET IN ORDER TO BE 625
CONSIDERED AS MAKING A GOOD FAITH EFFORT TOWARD ACHIEVING 626
COMPLIANCE WITH ALL REQUIREMENTS OF THIS CHAPTER. THE BOARD 627
SHALL CONSIDER THE IMPACT OF THE RULES IT ADOPTS UNDER THIS 628
DIVISION ON ENCOURAGING COMPETITION BETWEEN ALL MOTOR VEHICLE 629
COLLISION REPAIR OPERATORS AND NOT IMPAIRING THE ABILITY OF 630
17
OPERATORS WHO HAVE BEEN IN THE MOTOR VEHICLE COLLISION REPAIR 631
BUSINESS FOR LESS THAN ONE YEAR TO SUCCEED IN THE MARKET PLACE. 632
(C) A TEMPORARY MOTOR VEHICLE COLLISION REPAIR 635
REGISTRATION MAY BE RENEWED NOT MORE THAN FOUR CONSECUTIVE TIMES.
A MOTOR VEHICLE COLLISION REPAIR OPERATOR MAY APPLY FOR THE 637
RENEWAL OF A TEMPORARY REGISTRATION CERTIFICATE PRIOR TO THE 638
EXPIRATION OF A TEMPORARY REGISTRATION CERTIFICATE. THE BOARD 639
SHALL CONSIDER AN APPLICATION FOR THE RENEWAL OF A TEMPORARY 640
REGISTRATION CERTIFICATE. THE BOARD MAY DIRECT THE EXECUTIVE 642
DIRECTOR TO RENEW A TEMPORARY REGISTRATION CERTIFICATE OF AN
APPLICANT WHO MEETS THE REQUIREMENTS SET FORTH IN DIVISION (A) OF 644
THIS SECTION FOR OBTAINING A TEMPORARY REGISTRATION CERTIFICATE. 646
UPON RECOMMENDATION BY THE BOARD, THE EXECUTIVE DIRECTOR SHALL 647
ISSUE A RENEWAL OF AN APPLICANT'S TEMPORARY REGISTRATION 648
CERTIFICATE. NEITHER THE BOARD NOR THE EXECUTIVE DIRECTOR SHALL 650
RENEW A PERSON'S TEMPORARY REGISTRATION CERTIFICATE MORE THAN 651
FOUR CONSECUTIVE TIMES.
A RENEWAL OF A TEMPORARY MOTOR VEHICLE COLLISION REPAIR 653
REGISTRATION CERTIFICATE IS EFFECTIVE FOR ONE YEAR FROM THE DATE 654
OF ISSUANCE OF THE RENEWAL OF REGISTRATION. A TEMPORARY 655
REGISTRATION CERTIFICATE SHALL CONTINUE IN EFFECT DURING THE 657
PERIOD IN WHICH AN APPLICANT IS BEING CONSIDERED FOR RENEWAL IF 658
THE APPLICANT APPLIES FOR RENEWAL PRIOR TO THE EXPIRATION OF THE 659
TEMPORARY REGISTRATION CERTIFICATE.
Sec. 4775.11. IT IS THE INTENT OF THE GENERAL ASSEMBLY TO 661
PREEMPT ANY LOCAL ORDINANCE, RESOLUTION, OR OTHER LAW ADOPTED OR 663
ENACTED AFTER THE EFFECTIVE DATE OF THIS SECTION, THAT IS LIMITED 664
TO THE REGISTRATION OF PERSONS ENGAGED IN BUSINESS AS MOTOR 665
VEHICLE COLLISION REPAIR OPERATORS IN A MANNER CORRESPONDING TO
THE PROVISIONS OF THIS CHAPTER. THIS CHAPTER DOES NOT PREEMPT 666
ANY LOCAL LAW THAT MAY REQUIRE REGISTRATION OR LICENSURE AS A 667
COMPONENT OF IMPOSING ADDITIONAL REQUIREMENTS ON PERSONS ENGAGED 668
IN BUSINESS AS MOTOR VEHICLE COLLISION REPAIR OPERATORS OR 669
TECHNICIANS. NOR DOES IT PREEMPT THE ENFORCEMENT OF ANY LOCAL
18
LAW REGULATING MOTOR VEHICLE COLLISION REPAIR OPERATORS OR 671
TECHNICIANS, INCLUDING BUILDING, ZONING, HEALTH, SAFETY, OR OTHER 672
SIMILAR CODES OR LAWS.
Sec. 4775.99. WHOEVER VIOLATES SECTION 4775.02 OF THE 674
REVISED CODE SHALL BE FINED NOT MORE THAN ONE THOUSAND DOLLARS ON 675
A FIRST OFFENSE. ON EACH SUBSEQUENT OFFENSE, THE OFFENDER SHALL 676
BE FINED NOT LESS THAN ONE THOUSAND NOR MORE THAN FIVE THOUSAND 677
DOLLARS.
Sec. 5703.21. (A) Except as provided in divisions (B), 686
(C), and (D), AND (E) of this section, no agent of the department 688
of taxation, except in the agent's report to the department or 689
when called on to testify in any court or proceeding, shall 690
divulge any information acquired by the agent as to the 691
transactions, property, or business of any person while acting or 692
claiming to act under orders of the department. Whoever violates 693
this provision shall thereafter be disqualified from acting as an 694
officer or employee or in any other capacity under appointment or 695
employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 697
of the Revised Code, or an audit of the department pursuant to 698
Chapter 117. of the Revised Code, or an audit, pursuant to such 699
chapter, the objective of which is to express an opinion on a 700
financial report or statement prepared or issued pursuant to 701
division (F) or (H) of section 126.21 of the Revised Code, the 702
officers and employees of the auditor of state charged with 703
conducting the audit shall have access to and the right to 704
examine any state tax returns and state tax return information in 705
the possession of the department to the extent that such access 706
and examination are necessary for purposes of the audit. Any 707
information acquired as the result of such access and examination 708
shall not be divulged for any purpose other than as required for 709
such audit or unless the officers and employees are required to 710
testify in a court or proceeding under compulsion of legal 711
process. Whoever violates this provision shall thereafter be 712
19
disqualified from acting as an officer or employee or in any 713
other capacity under appointment or employment of the auditor of 714
state. 715
(2) As provided by section 6103(d)(2) of the Internal 717
Revenue Code, any federal tax returns or federal tax information 718
which the department has acquired from the internal revenue 719
service, through federal and state statutory authority, may be 720
disclosed to the auditor of state solely for purposes of an audit 721
of the department. 722
(C) Division (A) of this section does not prohibit 724
divulging information contained in applications, complaints, and 725
related documents filed with the department under section 5715.27 726
of the Revised Code, or in applications filed with the department 727
under section 5715.39 of the Revised Code. 728
(D) Division (A) of this section does not prohibit the 730
department of taxation providing information to the division of 731
child support within the department of human services, or a child 732
support enforcement agency, pursuant to division (G)(2) of 733
section 5101.31 of the Revised Code.
(E) DIVISION (A) OF THIS SECTION DOES NOT PROHIBIT THE 736
DISCLOSURE TO THE BOARD OF MOTOR VEHICLE COLLISION REPAIR 737
REGISTRATION OF ANY INFORMATION IN THE POSSESSION OF THE 738
DEPARTMENT THAT IS NECESSARY FOR THE BOARD TO VERIFY THE 740
EXISTENCE OF AN APPLICANT'S VALID VENDOR'S LICENSE AND CURRENT 741
STATE TAX IDENTIFICATION NUMBER UNDER SECTION 4775.07 OF THE 742
REVISED CODE.
Section 2. That existing sections 4503.19, 4503.21, 744
4745.01, and 5703.21 of the Revised Code are hereby repealed. 746
Section 3. If Am. Sub. S.B. 60 of the 122nd General 748
Assembly becomes law, sections 4503.19 and 4503.21 of the Revised 749
Code as they result from this act supersede the versions of those 750
sections as they result from Am. Sub. S.B. 60 of the 122nd 751
General Assembly.