As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 143 5
1997-1998 6
REPRESENTATIVES METZGER-HARRIS-OPFER-VAN VYVEN 8
_________________________________________________________________ 10
A B I L L
To amend section 4745.01 and to enact sections 12
4775.01 to 4775.11 and section 4775.99 of the 13
Revised Code to require the registration of 14
motor vehicle collision repair operators and to 15
create the Board of Motor Vehicle Collision 16
Repair Registration. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 4745.01 be amended and sections 22
4775.01, 4775.02, 4775.03, 4775.04, 4775.05, 4775.06, 4775.07, 23
4775.08, 4775.09, 4775.10, 4775.11, and 4775.99 of the Revised 24
Code be enacted to read as follows:
Sec. 4745.01. (A) "Standard renewal procedure," as used 33
in Chapters 905., 907., 909., 911., 913., 915., 917., 918., 921., 34
923., 927., 942., 943., 953., 1321., 3710., 3713., 3717., 3719., 35
3731., 3742., 3748., 3769., 3783., 3905., 3921., 3951., 4104., 36
4105., 4143., 4169., 4561., 4701., 4703., 4707., 4709., 4713., 37
4715., 4717., 4723., 4725., 4727., 4728., 4729., 4731., 4733., 38
4734., 4735., 4739., 4741., 4747., 4749., 4753., 4755., 4757., 39
4759., 4761., 4766., and 4773., AND 4775. of the Revised Code, 41
means the license renewal procedures specified in this chapter. 42
(B) "Licensing agency," as used in this chapter, means any 44
department, division, board, section of a board, or other state 45
governmental unit subject to the standard renewal procedure, as 46
defined in this section, and authorized by the Revised Code to 47
issue a license to engage in a specific profession, occupation, 48
or occupational activity, or to have charge of and operate 49
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certain specified equipment, machinery, or premises. 50
(C) "License," as used in this chapter, means a license, 52
certificate, permit, card, or other authority issued or conferred 53
by a licensing agency by authority of which the licensee has or 54
claims the privilege to engage in the profession, occupation, or 55
occupational activity, or to have control of and operate certain 56
specific equipment, machinery, or premises, over which the 57
licensing agency has jurisdiction. 58
(D) "Licensee," as used in this chapter, means either the 60
person to whom the license is issued or renewed by a licensing 61
agency, or the person, partnership, or corporation at whose 62
request the license is issued or renewed. 63
(E) "Renewal" and "renewed," as used in this chapter and 65
in the chapters of the Revised Code specified in division (A) of 66
this section, includes the continuing licensing procedure 67
provided in Chapter 3748. of the Revised Code and rules adopted 69
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 70
continuing licenses any reference in this chapter to the date of 71
expiration of any license shall be construed to mean the due date 72
of the annual or other fee for the continuing license. 73
Sec. 4775.01. AS USED IN THIS CHAPTER: 75
(A) "MOTOR VEHICLE" HAS THE SAME MEANING AS IN SECTION 77
4501.01 OF THE REVISED CODE. 78
(B) "MOTOR VEHICLE COLLISION REPAIR OPERATOR" MEANS A 80
PERSON WHO OWNS OR MANAGES, IN WHOLE OR IN PART, A FACILITY THAT 81
ENGAGES IN THE BUSINESS OF THE COLLISION REPAIR OF, OR THAT 82
INSTALLS PARTS ON, MOTOR VEHICLES IN THE COURSE OF COLLISION 83
REPAIR, FOR COMPENSATION, WHETHER OR NOT MECHANICAL OR OTHER 84
REPAIRS ALSO ARE PERFORMED AT THE FACILITY, BUT DOES NOT MEAN ANY
OF THE FOLLOWING: 85
(1) AN EMPLOYEE, OTHER THAN A MANAGER, OF A MOTOR VEHICLE 87
COLLISION REPAIR OPERATOR; 88
(2) A MOTOR VEHICLE DEALER LICENSED PURSUANT TO SECTIONS 90
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4517.01 TO 4517.45 OF THE REVISED CODE; 91
(3) AN OWNER OR OPERATOR OF A JUNK YARD LICENSED PURSUANT 93
TO SECTIONS 4737.05 TO 4737.12 OF THE REVISED CODE; 94
(4) A MOTOR VEHICLE SALVAGE DEALER LICENSED PURSUANT TO 96
SECTIONS 4738.01 TO 4738.18 OF THE REVISED CODE; 98
(5) A PERSON OR LESSEE WHO OWNS OR LEASES TWENTY OR MORE 100
MOTOR VEHICLES USED PRINCIPALLY IN CONNECTION WITH ANY 101
ESTABLISHED BUSINESS AND WHO DOES NOT PERFORM MOTOR VEHICLE 102
COLLISION REPAIRS ON MOTOR VEHICLES OTHER THAN THE MOTOR VEHICLES 103
USED PRINCIPALLY IN CONNECTION WITH THE ESTABLISHED BUSINESS;
(6) A PERSON WHO PERFORMS COLLISION REPAIRS TO THE MOTOR 105
VEHICLES OF A SINGLE COMMERCIAL, INDUSTRIAL, OR GOVERNMENTAL 106
ESTABLISHMENT EXCLUSIVELY AND DOES NOT OFFER OR PROVIDE MOTOR 107
VEHICLE COLLISION REPAIR SERVICE TO THE GENERAL PUBLIC; 108
(7) THE OWNER, PART OWNER, OR OFFICER OF, OR INSTRUCTOR 110
EMPLOYED BY AN EDUCATIONAL INSTITUTION THAT PROVIDES INSTRUCTION 111
IN MOTOR VEHICLE COLLISION REPAIR WHILE THE OWNER, PART OWNER, 112
OFFICER OF, OR INSTRUCTOR IS ENGAGING IN ACTIVITY IN FURTHERANCE 113
OF INSTRUCTION IN MOTOR VEHICLE COLLISION REPAIR.
(C) "MOTOR VEHICLE COLLISION REPAIR FACILITY" MEANS A 115
BUSINESS LOCATION IN WHICH MOTOR VEHICLE COLLISION REPAIRS ARE 116
PERFORMED.
Sec. 4775.02. NO PERSON SHALL ACT AS A MOTOR VEHICLE 118
COLLISION REPAIR OPERATOR UNLESS THE PERSON IS REGISTERED IN 119
ACCORDANCE WITH THIS CHAPTER.
Sec. 4775.03. (A) THERE IS HEREBY CREATED THE BOARD OF 121
MOTOR VEHICLE COLLISION REPAIR REGISTRATION CONSISTING OF SEVEN 122
MEMBERS APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF 123
THE SENATE. EACH MEMBER OF THE BOARD SHALL BE A RESIDENT OF THE 124
STATE. FIVE MEMBERS SHALL BE MOTOR VEHICLE COLLISION REPAIR 125
OPERATORS. ONE MEMBER SHALL POSSESS EXPERTISE IN MOTOR VEHICLE 126
MECHANICAL REPAIR, AND ONE MEMBER SHALL BE A REPRESENTATIVE OF
THE PUBLIC WHO HAS NO FINANCIAL INTEREST IN THE MOTOR VEHICLE 127
REPAIR INDUSTRY.
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(B) WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS 129
SECTION, THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO THE 130
BOARD. OF THE INITIAL APPOINTEES, TWO ARE FOR TERMS ENDING ON 131
JANUARY 1, 1998, TWO ARE FOR TERMS ENDING ON JANUARY 1, 1999, TWO 132
ARE FOR TERMS ENDING ON JANUARY 1, 2000, AND ONE IS FOR A TERM 133
ENDING ON JANUARY 1, 2001. THEREAFTER, TERMS OF OFFICE ARE FOR 134
THREE YEARS, WITH EACH TERM ENDING ON THE SAME DAY OF THE SAME 135
MONTH AS DID THE TERM THAT IT SUCCEEDS. EACH MEMBER SHALL HOLD 136
OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR 137
WHICH THE MEMBER WAS APPOINTED. VACANCIES SHALL BE FILLED IN THE
MANNER PRESCRIBED FOR ORIGINAL APPOINTMENTS. ANY MEMBER 138
APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF 139
THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL 140
HOLD OFFICE FOR THE REMAINDER OF THE TERM. A MEMBER SHALL 141
CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE
MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, OR UNTIL 142
A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. NO 143
PERSON SHALL SERVE AS A MEMBER OF THE BOARD FOR MORE THAN TWO 144
CONSECUTIVE FULL THREE-YEAR TERMS.
(C) IN MAKING APPOINTMENTS TO THE BOARD UNDER DIVISION (B) 147
OF THIS SECTION, THE GOVERNOR SHALL SELECT THE MOTOR VEHICLE
COLLISION REPAIR OPERATOR MEMBERS AND THE MEMBER WITH EXPERTISE 148
IN MOTOR VEHICLE MECHANICAL REPAIR AS PROVIDED IN THIS DIVISION. 149
WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE 150
AUTOMOTIVE SERVICE ASSOCIATION OF OHIO, INC., SHALL SUBMIT A LIST 151
CONTAINING TWO NAMES FOR THE MOTOR VEHICLE MECHANICAL REPAIR 152
MEMBER AND TWELVE NAMES FOR THE MOTOR VEHICLE COLLISION REPAIR 153
MEMBERS AND THE GOVERNOR SHALL APPOINT INDIVIDUALS FROM THE LIST 154
TO FILL THOSE SIX POSITIONS. THEREAFTER, WITHIN SIXTY DAYS OF A
VACANCY OCCURRING AS A RESULT OF THE EXPIRATION OF A TERM AND 155
WITHIN THIRTY DAYS AFTER OTHER VACANCIES OCCURRING ON THE BOARD, 156
THE AUTOMOTIVE SERVICE ASSOCIATION OF OHIO, INC., SHALL SUBMIT A 157
LIST CONTAINING THREE NAMES FOR EACH VACANCY AND THE GOVERNOR 158
SHALL APPOINT ONE OF THE INDIVIDUALS FROM THE LIST TO FILL THE 159
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VACANCY. IF THE AUTOMOTIVE SERVICE ASSOCIATION OF OHIO, INC., 160
FOR ITS RESPECTIVE APPOINTEES, FAILS TO MAKE THE RECOMMENDATIONS
TO THE GOVERNOR WITHIN THE TIME LIMITS SET BY THIS DIVISION, THE 161
GOVERNOR SHALL APPOINT AN INDIVIDUAL OF THE GOVERNOR'S OWN 162
CHOOSING PROVIDED THAT THE INDIVIDUAL MEETS THE QUALIFICATIONS OF 163
DIVISION (A) OF THIS SECTION.
(D) BEFORE ENTERING UPON THE DUTIES OF OFFICE, EACH MEMBER 165
SHALL TAKE AN OATH OF OFFICE AS REQUIRED BY SECTION 3.22 OF THE 166
REVISED CODE. THE GOVERNOR MAY REMOVE ANY MEMBER FOR MISCONDUCT, 167
NEGLECT OF DUTY, INCAPACITY, OR MALFEASANCE IN ACCORDANCE WITH 168
SECTION 3.04 OF THE REVISED CODE.
(E) THE BOARD SHALL MEET AT LEAST FOUR TIMES EACH YEAR, 170
AND ADDITIONAL MEETINGS MAY BE HELD UPON THE WRITTEN REQUEST OF 171
ANY FOUR MEMBERS OF THE BOARD OR UPON THE CALL OF THE 172
CHAIRPERSON. THE BOARD SHALL ELECT FROM AMONG ITS MEMBERSHIP A 173
CHAIRPERSON AND VICE-CHAIRPERSON, EACH OF WHOM SHALL SERVE FOR A 174
TERM OF ONE YEAR. A MAJORITY OF THE MEMBERS OF THE BOARD
CONSTITUTES A QUORUM TO TRANSACT AND VOTE ON THE BUSINESS OF THE 175
BOARD. THE CHAIRPERSON MAY APPOINT COMMITTEES AS THE CHAIRPERSON 176
CONSIDERS NECESSARY TO CARRY OUT THE DUTIES OF THE BOARD. 177
(F) EACH MEMBER OF THE BOARD SHALL RECEIVE A PER DIEM 179
AMOUNT FIXED PURSUANT TO SECTION 124.15 OF THE REVISED CODE WHEN 180
ACTUALLY ATTENDING TO MATTERS OF THE BOARD AND FOR THE TIME SPENT 181
IN NECESSARY TRAVEL, AND ALL ACTUAL AND NECESSARY EXPENSES 182
INCURRED IN THE DISCHARGE OF THE MEMBER'S DUTIES.
Sec. 4775.04. (A) THE BOARD OF MOTOR VEHICLE COLLISION 184
REPAIR REGISTRATION SHALL DO ALL OF THE FOLLOWING: 185
(1) ADOPT RULES AS NECESSARY TO CARRY OUT THE PURPOSES OF 187
THIS CHAPTER. THE RULES SHALL INCLUDE REQUIREMENTS FOR THE TYPE 188
OF LIABILITY INSURANCE REQUIRED UNDER DIVISION (A) OF SECTION 189
4775.07 OF THE REVISED CODE. THE RULES SHALL PERMIT THE USE OF 190
AN INSURANCE POLICY ISSUED BY ANY INSURER AUTHORIZED TO ISSUE 191
THAT TYPE OF INSURANCE IN THIS STATE, SURETY BONDS, AND ANY OTHER
FORM OF SURETY THE BOARD CONSIDERS APPROPRIATE. 192
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(2) APPOINT AN EXECUTIVE DIRECTOR TO SERVE AT THE PLEASURE 194
OF THE BOARD;
(3) DIRECT THE EXECUTIVE DIRECTOR AS TO HOW THE EXECUTIVE 196
DIRECTOR SHALL PERFORM THE DUTIES IMPOSED UNDER THIS CHAPTER; 197
(4) CONSIDER AND MAKE RECOMMENDATIONS IN REGARD TO ALL 199
MATTERS SUBMITTED TO THE BOARD BY THE EXECUTIVE DIRECTOR; 200
(5) DETERMINE WHETHER TO REFUSE TO ISSUE OR RENEW A 202
REGISTRATION AND WHETHER THE HOLDER OF A REGISTRATION CERTIFICATE 203
SHOULD BE DISCIPLINED OR HAVE THE PERSON'S REGISTRATION SUSPENDED 204
OR REVOKED UNDER SECTION 4775.09 OF THE REVISED CODE;
(6) DO ALL ACTS AND PERFORM ALL FUNCTIONS AS ARE NECESSARY 206
FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER. 207
(B) NOTHING IN THIS CHAPTER SHALL BE INTERPRETED AS 209
GRANTING THE BOARD ANY AUTHORITY OVER A MOTOR VEHICLE COLLISION 210
REPAIR OPERATOR CONCERNING THE QUALITY OF WORK PERFORMED IN THE 211
REPAIR OF, OR INSTALLATION OF PARTS ON, MOTOR VEHICLES. 212
Sec. 4775.05. (A) THE BOARD OF MOTOR VEHICLE COLLISION 214
REPAIR REGISTRATION SHALL APPOINT AN INDIVIDUAL WHO IS NOT A 215
MEMBER OF THE BOARD AS A FULL-TIME EMPLOYEE OF THE BOARD TO SERVE 216
AS THE EXECUTIVE DIRECTOR OF THE BOARD. THE EXECUTIVE DIRECTOR 217
SHALL SERVE AT THE PLEASURE AND DIRECTION OF THE BOARD. THE 218
DIRECTOR OF ADMINISTRATIVE SERVICES SHALL ESTABLISH THE EXECUTIVE 219
DIRECTOR'S SALARY IN A PAY RANGE AS PROVIDED IN DIVISION (J) OF 220
SECTION 124.15 OF THE REVISED CODE. THE EXECUTIVE DIRECTOR,
SUBJECT TO THE APPROVAL OF THE BOARD, SHALL DETERMINE THE OFFICE 221
SPACE, SUPPLIES, AND PROFESSIONAL AND CLERICAL ASSISTANCE 222
NECESSARY TO EFFECTIVELY PERFORM THE EXECUTIVE DIRECTOR'S DUTIES. 223
(B) THE EXECUTIVE DIRECTOR SHALL PERFORM ALL THE FOLLOWING 225
DUTIES: 226
(1) REVIEW AND SUBMIT TO THE BOARD, FOR ITS APPROVAL, 228
APPLICATIONS FOR REGISTRATION PURSUANT TO SECTION 4775.07 OF THE 229
REVISED CODE;
(2) ISSUE REGISTRATION CERTIFICATES, AS APPROVED BY THE 231
BOARD, TO PERSONS WHO MEET THE QUALIFICATIONS FOR REGISTRATION 232
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UNDER DIVISION (A) OF SECTION 4775.07 OF THE REVISED CODE; 233
(3) MAINTAIN A WRITTEN RECORD OF ALL PERSONS REGISTERED 235
PURSUANT TO SECTION 4775.07 OF THE REVISED CODE. THE RECORD 236
SHALL INCLUDE THE NAME, ADDRESS, AND MOTOR VEHICLE COLLISION 237
REPAIR REGISTRATION CERTIFICATE NUMBER OF EACH REGISTERED MOTOR 238
VEHICLE COLLISION REPAIR OPERATOR. THE EXECUTIVE DIRECTOR SHALL
MAKE THIS RECORD AVAILABLE TO ANY PERSON UPON REQUEST AND PAYMENT 239
OF A FEE SUFFICIENT TO COVER THE COST OF COPYING THE RECORD. 240
(4) COLLECT ALL FEES PURSUANT TO SECTION 4775.08 OF THE 242
REVISED CODE;
(5) APPOINT ENFORCEMENT OFFICERS AS NEEDED TO ASSIST THE 244
EXECUTIVE DIRECTOR IN CARRYING OUT THIS CHAPTER, WHO SHALL SERVE 245
AT THE PLEASURE OF THE DIRECTOR; 246
(6) GATHER EVIDENCE OF VIOLATIONS OF THIS CHAPTER AND THE 248
RULES ADOPTED PURSUANT THERETO BY ANY PERSON, MOTOR VEHICLE 249
COLLISION REPAIR OPERATOR, OR ANY PARTNER OR OFFICER OF ANY MOTOR 250
VEHICLE COLLISION REPAIR OPERATOR, AND, UPON REASONABLE BELIEF 251
THAT A VIOLATION HAS OCCURRED, REQUEST THE ATTORNEY GENERAL TO 252
CONDUCT INVESTIGATIONS OF ANY PERSON TO DETERMINE COMPLIANCE WITH
THIS CHAPTER AND THE RULES ADOPTED PURSUANT THERETO. NOTHING IN 253
DIVISION (B)(6) OF THIS SECTION SHALL BE CONSTRUED AS AUTHORIZING 254
THE EXECUTIVE DIRECTOR OR THE BOARD TO ENFORCE ANY PROVISION OF 255
LAW OTHER THAN THIS CHAPTER. IF, HOWEVER, THE EXECUTIVE DIRECTOR 256
OR BOARD, IN CONDUCTING INVESTIGATIONS UNDER THOSE SECTIONS, 257
DETERMINES OR SUSPECTS THAT A PERSON HAS VIOLATED ANY OTHER 258
PROVISION OF LAW, THE EXECUTIVE DIRECTOR OR BOARD SHALL NOTIFY 259
THE GOVERNMENTAL ENTITY THAT IS RESPONSIBLE FOR ENFORCEMENT OF
THAT PROVISION OF LAW. 260
(7) SERVE AS SECRETARY OF THE BOARD AND MAINTAIN A WRITTEN 262
RECORD OF ALL OF THE PROCEEDINGS OF THE BOARD; 263
(8) NOTIFY ALL MOTOR VEHICLE COLLISION REPAIR OPERATORS OF 265
CHANGES IN THE MOTOR VEHICLE COLLISION REPAIR LAW AND RULES 267
ADOPTED PURSUANT THERETO;
(9) DO ALL OTHER THINGS REQUESTED BY THE BOARD FOR THE 269
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ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER. 270
(C) THE EXECUTIVE DIRECTOR MAY PROVIDE INFORMATION 272
RELEVANT TO MOTOR VEHICLE COLLISION REPAIR TO MOTOR VEHICLE 273
COLLISION REPAIR OPERATORS OR OTHER PERSONS, AND MAY COMMUNICATE 274
WITH ANY PERSON, OR RESPOND TO COMMUNICATIONS FROM ANY PERSON, IN 275
MATTERS PERTAINING TO MOTOR VEHICLE COLLISION REPAIR. 276
Sec. 4775.06. AN ENFORCEMENT OFFICER APPOINTED BY THE 278
EXECUTIVE DIRECTOR TO ASSIST THE EXECUTIVE DIRECTOR IN CARRYING 279
OUT THIS CHAPTER SHALL REPORT TO THE EXECUTIVE DIRECTOR AND THE 280
BOARD OF MOTOR VEHICLE COLLISION REPAIR REGISTRATION THE NAME AND 281
ADDRESS OF ANY MOTOR VEHICLE COLLISION REPAIR OPERATOR THAT THE 282
OFFICER HAS REASONABLE GROUNDS TO BELIEVE IS OPERATING IN
VIOLATION OF THIS CHAPTER, AND SHALL NOTIFY THE OPERATOR OF THE 283
SUSPECTED VIOLATION. WITHIN SIXTY DAYS AFTER NOTIFICATION IS 284
SENT, AN ENFORCEMENT OFFICER SHALL DETERMINE WHETHER THE MOTOR 285
VEHICLE COLLISION REPAIR OPERATOR WHO HAS BEEN NOTIFIED OF A 287
SUSPECTED VIOLATION HAS COME INTO COMPLIANCE WITH THE
REQUIREMENTS OF THIS CHAPTER. IF THE MOTOR VEHICLE COLLISION 288
REPAIR OPERATOR FAILS TO CORRECT THE SUSPECTED VIOLATION WITHIN 289
SIXTY DAYS AFTER THE DATE THE OPERATOR RECEIVES THE NOTIFICATION, 290
THE ENFORCEMENT OFFICER SHALL NOTIFY THE EXECUTIVE DIRECTOR AND 291
THE BOARD OF THE OPERATOR'S FAILURE TO CORRECT THE SUSPECTED 292
VIOLATION. UPON RECEIVING A SECOND NOTIFICATION OF AN OPERATOR'S
FAILURE TO COMPLY WITH THIS CHAPTER, THE EXECUTIVE DIRECTOR SHALL 293
NOTIFY THE GOVERNMENT ENTITY HAVING ENFORCEMENT AUTHORITY OVER 294
THE CONDITION OR ACTIVITY GIVING RISE TO THE SUSPECTED VIOLATION 295
IN WRITING OF THE CONDITION OR ACTIVITY, THE NATURE OF THE 297
SUSPECTED VIOLATION, AND THE NAME AND ADDRESS OF THE OPERATOR 298
SUSPECTED OF VIOLATING THIS CHAPTER. AN ENFORCEMENT OFFICER 299
SHALL MONITOR PERIODICALLY THE PROGRESS OF ANY ACTION TAKEN IN 300
CONNECTION WITH THE SUSPECTED VIOLATION WITH THE APPROPRIATE 301
GOVERNMENT ENTITY, INCLUDING ANY INVESTIGATION OR CHARGES THAT 302
ARE FILED IN CONNECTION WITH THE SUSPECTED VIOLATION. UPON
OBTAINING SUCH INFORMATION, THE EXECUTIVE DIRECTOR OR THE 303
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ENFORCEMENT OFFICER MONITORING SUCH PROGRESS SHALL NOTIFY THE 304
BOARD OF THE PROGRESS OF THE SUSPECTED VIOLATION AND ANY 305
ACCOMPANYING INVESTIGATION, CHARGES, OR OTHER ACTION TAKEN IN 306
CONNECTION WITH THE SUSPECTED VIOLATION.
Sec. 4775.07. (A) ANY PERSON REQUIRED TO BE REGISTERED AS 308
A MOTOR VEHICLE COLLISION REPAIR OPERATOR SHALL APPLY TO THE 309
BOARD OF MOTOR VEHICLE COLLISION REPAIR REGISTRATION UPON FORMS 310
PRESCRIBED BY THE BOARD. THE FORMS SHALL CONTAIN SUFFICIENT 311
INFORMATION TO IDENTIFY THE APPLICANT, INCLUDING NAME, ADDRESS, 312
STATE TAX IDENTIFICATION NUMBER, AND ANY OTHER IDENTIFYING DATA 313
PRESCRIBED BY RULE OF THE BOARD. IF THE APPLICANT IS A
PARTNERSHIP, IDENTIFYING DATA AS PRESCRIBED BY THE BOARD MAY BE 314
REQUIRED FOR EACH PARTNER. IF THE APPLICANT IS A CORPORATION, 315
IDENTIFYING DATA MAY BE REQUIRED FOR EACH OFFICER OF THE 316
CORPORATION AND EACH PERSON IN CHARGE OF EACH PLACE OF THE MOTOR 317
VEHICLE COLLISION REPAIR OPERATOR'S BUSINESS IN THIS STATE. THE 318
APPLICANT SHALL AFFIRM THE APPLICATION BY OATH. THE APPLICANT 319
SHALL INCLUDE WITH THE APPLICATION THE INITIAL REGISTRATION FEE 320
SET FORTH IN SECTION 4775.08 OF THE REVISED CODE AND PROOF
SATISFACTORY TO THE BOARD THAT THE APPLICANT HAS A CURRENT STATE 322
AND FEDERAL TAX IDENTIFICATION NUMBER, A VALID VENDOR'S LICENSE
ISSUED PURSUANT TO SECTION 5739.17 OF THE REVISED CODE, LIABILITY 323
INSURANCE THAT PROTECTS A PERSON AGAINST LIABILITY FOR DAMAGE TO 324
MOTOR VEHICLES IN THE APPLICANT'S CARE, CUSTODY, OR CONTROL IN AN 325
AMOUNT AND FORM THAT CONFORMS TO THE RULES THE BOARD ADOPTS UNDER 326
SECTION 4775.04 OF THE REVISED CODE, AND COVERAGE UNDER CHAPTERS
4123. AND 4141. OF THE REVISED CODE. IN ADDITION, THE APPLICANT 327
SHALL AFFIRM THAT THE APPLICANT IS IN COMPLIANCE WITH ALL 328
APPLICABLE FEDERAL, STATE, AND LOCAL STATUTES AND RULES AND ALL 329
APPLICABLE ZONING REGULATIONS. FOR THAT PURPOSE, THE BOARD SHALL 331
IDENTIFY BY RULE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE
REVISED CODE THE FEDERAL, STATE, AND LOCAL STATUTES AND RULES 332
THAT THE BOARD BELIEVES APPLY TO MOTOR VEHICLE COLLISION REPAIR 333
OPERATORS AND WITH WHICH A MOTOR VEHICLE COLLISION REPAIR 334
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OPERATOR MUST COMPLY IN ORDER TO OBTAIN A REGISTRATION UNDER THIS 335
CHAPTER.
(B) UPON RECEIPT OF THE COMPLETED APPLICATION FORM AND 337
FEES AND AFTER THE BOARD DETERMINES THAT THE APPLICANT MEETS THE 338
REQUIREMENTS FOR REGISTRATION UNDER DIVISION (A) OF THIS SECTION, 339
THE BOARD SHALL DIRECT THE EXECUTIVE DIRECTOR TO ISSUE A 340
REGISTRATION CERTIFICATE TO THE APPLICANT FOR EACH PLACE OF 341
BUSINESS. THE MOTOR VEHICLE COLLISION REPAIR OPERATOR SHALL 342
DISPLAY THE REGISTRATION CERTIFICATE IN A CONSPICUOUS PLACE ON
THE PREMISES OF THE BUSINESS FOR WHICH THE REGISTRATION IS 343
OBTAINED.
(C) EACH REGISTRATION ISSUED UNDER THIS SECTION EXPIRES 345
ANNUALLY ON THE DATE OF ITS ORIGINAL ISSUANCE AND MAY BE RENEWED 346
IN ACCORDANCE WITH THE STANDARD RENEWAL PROCEDURE OF CHAPTER 347
4745. OF THE REVISED CODE.
(D) WHEN A MOTOR VEHICLE COLLISION REPAIR OPERATOR 349
EXPERIENCES A CHANGE IN ANY INFORMATION OR DATA REQUIRED UNDER 350
DIVISION (A) OF THIS SECTION OR BY RULE OF THE BOARD FOR 351
REGISTRATION AS A MOTOR VEHICLE COLLISION REPAIR OPERATOR, THE 352
MOTOR VEHICLE COLLISION REPAIR OPERATOR SHALL SUBMIT WRITTEN 353
NOTIFICATION OF THE CHANGE TO THE BOARD WITHIN SIXTY DAYS AFTER
THE DATE THAT THE INFORMATION BECOMES OBSOLETE. IF A MOTOR 354
VEHICLE COLLISION REPAIR OPERATOR FAILS TO SUBMIT THE WRITTEN 355
NOTIFICATION OF A CHANGE IN INFORMATION OR DATA WITHIN SIXTY DAYS 356
AFTER THE CHANGE IN INFORMATION OR DATA, THE OPERATOR'S 357
REGISTRATION IS AUTOMATICALLY SUSPENDED, EXCEPT THAT THE BOARD
MAY WAIVE THE SUSPENSION FOR GOOD CAUSE SHOWN. 358
Sec. 4775.08. (A) THE INITIAL AND ANNUAL RENEWAL FEE FOR 360
REGISTRATION AS A MOTOR VEHICLE COLLISION REPAIR OPERATOR AND FOR 361
A TEMPORARY MOTOR VEHICLE COLLISION REPAIR REGISTRATION IS ONE 362
HUNDRED DOLLARS FOR EACH BUSINESS LOCATION AT WHICH THE MOTOR 363
VEHICLE COLLISION REPAIR OPERATOR CONDUCTS BUSINESS AS AN 364
OPERATOR, EXCEPT THAT THE BOARD OF MOTOR VEHICLE COLLISION REPAIR 365
REGISTRATION, WITH THE APPROVAL OF THE CONTROLLING BOARD, MAY 366
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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 367
MORE THAN FIFTY PER CENT. 368
THE BOARD SHALL ADJUST THE FEES AS NECESSARY IN ORDER TO 370
PROVIDE FOR THE EXPENSES ASSOCIATED WITH CARRYING OUT THIS 371
CHAPTER WITHOUT CAUSING AN EXCESSIVE BUILD-UP OF SURPLUS FUNDS IN 372
THE MOTOR VEHICLE COLLISION REPAIR REGISTRATION FUND. 373
(B) THE BOARD SHALL DEPOSIT ALL FEES AND FINES COLLECTED 375
UNDER THIS CHAPTER INTO THE MOTOR VEHICLE COLLISION REPAIR 376
REGISTRATION FUND, WHICH IS HEREBY CREATED IN THE STATE TREASURY. 377
THE BOARD SHALL USE THE FUND SOLELY FOR THE ADMINISTRATION AND 378
ENFORCEMENT OF THIS CHAPTER.
Sec. 4775.09. (A) IN ACCORDANCE WITH CHAPTER 119. OF THE 380
REVISED CODE, THE BOARD OF MOTOR VEHICLE COLLISION REPAIR 381
REGISTRATION MAY REFUSE TO ISSUE OR RENEW OR MAY SUSPEND OR 382
REVOKE A REGISTRATION CERTIFICATE OR OTHERWISE DISCIPLINE A 383
HOLDER OF A REGISTRATION CERTIFICATE FOR ANY VIOLATION OF THIS
CHAPTER OR THE RULES ADOPTED PURSUANT THERETO OR FOR CEASING TO 384
SATISFY THE REQUIREMENTS FOR REGISTRATION SET FORTH IN DIVISION 385
(A) OF SECTION 4775.07 OF THE REVISED CODE. 386
(B) THE COURT OF COMMON PLEAS FOR THE COUNTY IN WHICH ANY 388
PERSON CONDUCTS, OR ATTEMPTS TO CONDUCT, BUSINESS AS A MOTOR 389
VEHICLE COLLISION REPAIR OPERATOR IN VIOLATION OF THIS CHAPTER OR 390
ANY RULE ADOPTED UNDER THIS CHAPTER MAY, ON APPLICATION OF THE 391
BOARD OR THE ATTORNEY GENERAL, ISSUE AN INJUNCTION, A CEASE AND 392
DESIST ORDER, OR OTHER APPROPRIATE ORDER RESTRAINING THE PERSON 393
FROM CONTINUING THE VIOLATION. THIS SECTION SHALL OPERATE IN 394
ADDITION TO AND SHALL NOT PROHIBIT THE ENFORCEMENT OF ANY OTHER 395
LAW.
(C) UPON THE REQUEST OF THE EXECUTIVE DIRECTOR, UPON THE 397
ATTORNEY GENERAL'S BECOMING AWARE OF ANY ALLEGED VIOLATION OF 399
THIS CHAPTER OR THE RULES ADOPTED UNDER THIS CHAPTER, OR AS A 400
RESULT OF COMPLAINTS, THE BOARD SHALL INVESTIGATE THE ALLEGED 401
VIOLATION. UPON RECEIVING A COMPLAINT FROM THE BOARD OR 402
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EXECUTIVE DIRECTOR CONCERNING AN ALLEGED VIOLATION, THE ATTORNEY 403
GENERAL SHALL DO ALL OF THE FOLLOWING:
(1) CONDUCT ANY ADDITIONAL INVESTIGATION NECESSARY; 405
(2) ENFORCE THIS CHAPTER AND THE RULES ADOPTED UNDER IT; 407
(3) PROSECUTE ANY PERSON WHO VIOLATES THIS CHAPTER OR THE 409
RULES ADOPTED UNDER IT. 410
(D) NO PERSON REQUIRED TO BE REGISTERED UNDER THIS CHAPTER 412
SHALL HAVE THE BENEFIT OF ANY LIEN FOR LABOR OR MATERIALS UNLESS 413
THE PERSON IS REGISTERED UNDER THIS CHAPTER. 414
(E) NO PERSON WHOSE APPLICATION FOR REGISTRATION UNDER 416
THIS CHAPTER IS DENIED, OR WHOSE REGISTRATION IS SUSPENDED UNDER 417
THIS CHAPTER SHALL OPEN OR OPERATE A FACILITY FOR BUSINESS AS A 418
MOTOR VEHICLE COLLISION REPAIR FACILITY UNDER THE NAME OF THE 419
PERSON DESIGNATED IN THE APPLICATION OR REGISTRATION OR UNDER ANY 420
OTHER NAME PRIOR TO REGISTERING AS A MOTOR VEHICLE COLLISION 421
REPAIR OPERATOR IN ACCORDANCE WITH THIS CHAPTER.
(F) IF A COURT FINDS THAT A PERSON INITIATED AN ACTION IN 423
REGARD TO THE REGISTRATION OF A MOTOR VEHICLE COLLISION REPAIR 424
OPERATOR BASED ON A CLAIM THAT IS LACKING IN MERIT, THE COURT MAY 425
REQUIRE THE PERSON TO PAY THE REASONABLE COST OF ATTORNEY'S FEES 426
INVOLVED IN DEFENDING THE ACTION. ALL FUNDS PAID UNDER THIS 427
DIVISION SHALL BE DEPOSITED IN THE STATE TREASURY TO THE CREDIT 428
OF THE ATTORNEY GENERAL REIMBURSEMENT FUND.
Sec. 4775.10 (A) A MOTOR VEHICLE COLLISION REPAIR 431
OPERATOR WHO SUBSTANTIALLY COMPLIES WITH THE REQUIREMENTS OF THIS 432
CHAPTER FOR REGISTRATION AS A MOTOR VEHICLE COLLISION REPAIR 433
OPERATOR AND WHO IS MAKING A GOOD FAITH EFFORT TOWARD ACHIEVING 434
COMPLIANCE WITH ALL REQUIREMENTS OF THIS CHAPTER MAY OBTAIN A 435
TEMPORARY MOTOR VEHICLE COLLISION REPAIR REGISTRATION. FOLLOWING 436
THE APPLICATION OF, AND PAYMENT OF A FEE BY A MOTOR VEHICLE 437
COLLISION REPAIR OPERATOR, THE BOARD, IN ITS DISCRETION, MAY 438
DIRECT THE EXECUTIVE DIRECTOR TO ISSUE A TEMPORARY MOTOR VEHICLE 439
COLLISION REPAIR REGISTRATION TO A MOTOR VEHICLE COLLISION REPAIR 441
OPERATOR THE BOARD FINDS TO BE IN SUBSTANTIAL COMPLIANCE WITH THE 442
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REQUIREMENTS OF THIS CHAPTER FOR REGISTRATION AND WHO IS MAKING A 443
GOOD FAITH EFFORT TOWARD ACHIEVING COMPLIANCE WITH ALL 444
REQUIREMENTS OF THIS CHAPTER.
EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C) OF THIS 447
SECTION, A TEMPORARY MOTOR VEHICLE COLLISION REPAIR REGISTRATION 448
IS EFFECTIVE FOR ONE YEAR FROM THE DATE OF ISSUANCE OR UNTIL THE 449
DATE THE MOTOR VEHICLE COLLISION REPAIR OPERATOR OBTAINS A 450
REGULAR MOTOR VEHICLE COLLISION REPAIR REGISTRATION UNDER THIS 451
CHAPTER. IF A MOTOR VEHICLE COLLISION REPAIR OPERATOR OBTAINS A 452
REGULAR MOTOR VEHICLE COLLISION REPAIR REGISTRATION PRIOR TO THE 453
EXPIRATION OF THE OPERATOR'S TEMPORARY REGISTRATION, A PORTION OF 455
THE FEE PAID BY THE MOTOR VEHICLE COLLISION REPAIR OPERATOR TO 456
OBTAIN THE TEMPORARY REGISTRATION SHALL BE APPLIED TO THE FEE
IMPOSED UNDER THIS CHAPTER TO OBTAIN A MOTOR VEHICLE COLLISION 457
REPAIR REGISTRATION IN AN AMOUNT THAT CORRESPONDS TO THE PORTION 458
OF THE YEAR THE OPERATOR IS NOT UTILIZING THE TEMPORARY 459
REGISTRATION. 460
UPON RECEIVING DIRECTION FROM THE MOTOR VEHICLE COLLISION 462
REPAIR BOARD, THE EXECUTIVE DIRECTOR SHALL ISSUE A TEMPORARY 463
MOTOR VEHICLE COLLISION REPAIR REGISTRATION. 464
(B) THE BOARD OF MOTOR VEHICLE COLLISION REPAIR SHALL 467
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 470
THAT SPECIFY CRITERIA A MOTOR VEHICLE COLLISION REPAIR OPERATOR 471
SHALL MEET IN ORDER TO BE CONSIDERED TO BE IN SUBSTANTIAL 472
COMPLIANCE WITH THE REQUIREMENTS OF THIS CHAPTER, AND THAT 473
SPECIFY CRITERIA A MOTOR VEHICLE COLLISION REPAIR OPERATOR SHALL 474
MEET IN ORDER TO BE CONSIDERED AS MAKING A GOOD FAITH EFFORT 475
TOWARD ACHIEVING COMPLIANCE WITH ALL REQUIREMENTS OF THIS 476
CHAPTER.
(C) A MOTOR VEHICLE COLLISION REPAIR OPERATOR MAY APPLY 479
FOR A RENEWAL OF A TEMPORARY MOTOR VEHICLE COLLISION REPAIR 480
REGISTRATION PRIOR TO THE EXPIRATION OF THE TEMPORARY 481
REGISTRATION. THE BOARD SHALL CONSIDER AN APPLICATION FOR THE 482
RENEWAL OF A TEMPORARY MOTOR VEHICLE COLLISION REPAIR 483
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REGISTRATION. THE BOARD MAY DIRECT THE EXECUTIVE DIRECTOR TO 484
RENEW A TEMPORARY MOTOR VEHICLE COLLISION REPAIR REGISTRATION OF 485
AN APPLICANT WHO MEETS THE REQUIREMENTS SET FORTH IN DIVISION (A) 486
OF THIS SECTION FOR OBTAINING A TEMPORARY MOTOR VEHICLE COLLISION 487
REPAIR REGISTRATION. UPON RECOMMENDATION BY THE BOARD, THE 488
EXECUTIVE DIRECTOR SHALL ISSUE A RENEWAL OF AN APPLICANT'S 489
TEMPORARY MOTOR VEHICLE COLLISION REPAIR REGISTRATION. 490
A RENEWAL OF A TEMPORARY MOTOR VEHICLE COLLISION REPAIR 492
REGISTRATION IS EFFECTIVE FOR ONE YEAR FROM THE DATE OF ISSUANCE 493
OF THE RENEWAL OF REGISTRATION. A TEMPORARY MOTOR VEHICLE 494
COLLISION REPAIR REGISTRATION SHALL CONTINUE IN EFFECT DURING THE 496
PERIOD IN WHICH AN APPLICANT IS BEING CONSIDERED FOR RENEWAL IF 497
THE APPLICANT APPLIES FOR RENEWAL PRIOR TO THE EXPIRATION OF THE 498
TEMPORARY MOTOR VEHICLE COLLISION REPAIR REGISTRATION.
Sec. 4775.11. THE STATE, THROUGH THE BOARD OF MOTOR 500
VEHICLE COLLISION REPAIR REGISTRATION AND IN ACCORDANCE WITH THIS 501
CHAPTER, SHALL SOLELY REGISTER PERSONS ENGAGED IN BUSINESS AS 502
MOTOR VEHICLE COLLISION REPAIR OPERATORS. BY THE ENACTMENT OF 503
THIS CHAPTER, IT IS THE INTENT OF THE GENERAL ASSEMBLY TO PREEMPT 504
MUNICIPAL CORPORATIONS AND OTHER POLITICAL SUBDIVISIONS FROM THE 505
LICENSING, REGISTRATION, OR CERTIFICATION OF, THE ESTABLISHMENT 507
OF STANDARDS FOR, AND THE COLLECTION OF ANY FEES OR ASSESSMENTS 508
FROM MOTOR VEHICLE COLLISION REPAIR OPERATORS.
Sec. 4775.99. WHOEVER VIOLATES SECTION 4775.02 OF THE 510
REVISED CODE SHALL BE FINED NOT MORE THAN ONE THOUSAND DOLLARS ON 511
A FIRST OFFENSE. ON EACH SUBSEQUENT OFFENSE, THE OFFENDER SHALL 512
BE FINED NOT LESS THAN ONE THOUSAND NOR MORE THAN FIVE THOUSAND 513
DOLLARS, OR IMPRISONED NOT MORE THAN NINETY DAYS, OR BOTH.
Section 2. That existing section 4745.01 of the Revised 515
Code is hereby repealed. 516