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As Reported by the Senate Highways and Transportation Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 143 |
REPRESENTATIVES METZGER-OPFER-VAN VYVEN-METELSKY-MILLER-BENDER-
TERWILLEGER-OGG-GARCIA-LEWIS-BOGGS-O'BRIEN-WINKLER-BRADY-
REID-ROBERTS-ROMAN-JAMES-COUGHLIN-VERICH
A BILL
To amend sections 4503.19, 4503.21, 4745.01, and 5703.21 and to enact sections
4775.01 to 4775.11 and
4775.99 of the Revised Code to require the registration
of motor vehicle
collision repair operators and to create the Board of Motor
Vehicle Collision
Repair
Registration
and to supersede the
versions of sections 4503.19 and 4503.21 of the Revised Code resulting from
Am.
Sub. S.B. 60 of the 122nd General Assembly.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4503.19, 4503.21, 4745.01, and 5703.21 be amended and
sections 4775.01, 4775.02,
4775.03, 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 follows:
Sec. 4503.19. Upon the filing of an application for
registration and the payment of the tax therefor, the registrar
of motor vehicles or a deputy registrar shall determine whether the owner has
previously been issued license plates for the motor vehicle
described in the application. If no license plates have previously been
issued to the owner for that motor vehicle, the registrar or deputy registrar
shall assign to the motor vehicle a distinctive number and issue
and deliver to the owner in such manner as the registrar may
select a certificate of registration, in such form as the
registrar shall
prescribe, and, except as otherwise provided in this section, two
license plates, duplicates of each other, and A validation
stickers STICKER, or A validation
stickers STICKER alone, to be attached to the number plates as
provided in section
4503.191 of the Revised Code. The registrar or deputy registrar also shall
charge the owner any fees required under division (C) of section 4503.10 of
the Revised Code. Trailers,
manufactured homes, semitrailers, the manufacturer thereof, the
dealer, or in transit companies therein, shall be issued one
license plate only and one validation sticker, or a validation sticker
alone, which license plate AND VALIDATION STICKER shall be displayed
only on the rear of such vehicles. A COMMERCIAL TRACTOR THAT
DOES NOT RECEIVE AN APPORTIONED LICENSE PLATE UNDER THE
INTERNATIONAL REGISTRATION PLAN SHALL BE ISSUED TWO LICENSE
PLATES AND ONE VALIDATION STICKER, WHICH
VALIDATION STICKER SHALL BE DISPLAYED ON THE FRONT OF THE
COMMERCIAL TRACTOR. An apportioned vehicle receiving an
apportioned
license plate under the international registration plan shall be
issued one license plate only and one validation sticker, or a validation
sticker alone; the license plate shall be displayed only on the front of
a semitractor and on the rear of all other vehicles. School
buses shall not be issued license plates, but shall bear
identifying numbers in the manner prescribed by section 4511.764
of the Revised Code. The certificate of registration and license plates and
validation stickers, or validation stickers
alone, shall be issued and delivered to the owner in person or by
mail. Chauffeured limousines shall be issued license plates, a
validation sticker, and a livery sticker as provided in section
4503.24 of the Revised Code. In the event of the loss,
mutilation, or destruction of any certificate of registration, or
of any license plates or validation stickers, or in the event the owner
chooses to replace license plates previously issued for a motor vehicle,
OR THE REGISTRATION CERTIFICATE AND LICENSE PLATES HAVE BEEN IMPOUNDED AS
PROVIDED BY DIVISION (F)(1) OF SECTION 4507.02 AND DIVISION
(A)(2) OF SECTION 4507.16 of the Revised Code, the owner of a motor
vehicle, or manufacturer or dealer, may obtain from the
registrar, or from a deputy registrar if authorized by the registrar, a
duplicate thereof or new license plates bearing a different number, if the
registrar
considers it advisable, upon filing an application prescribed by the
registrar, and upon paying a fee of one dollar for such certificate of
registration and, a fee of five dollars for each set of two
license plates, or three dollars for each single license plate or
validation sticker and a service fee of two dollars and twenty-five
cents. IN ADDITION, EACH APPLICANT FOR A REPLACEMENT CERTIFICATE OF
REGISTRATION, LICENSE PLATE, OR VALIDATION STICKER SHALL PAY THE FEES PROVIDED
IN DIVISIONS (C) AND (D) OF SECTION 4503.10 of the Revised Code.
Additionally, the registrar and each deputy registrar who
either issues license plates and a validation sticker for use on
any vehicle other than a
commercial tractor, semitrailer, or apportioned vehicle, or who issues
a validation sticker alone for use on such a vehicle and the owner
has changed the owner's county of residence since the
owner last was issued county
identification stickers, also shall issue and deliver to the
owner either one or two county identification stickers, as appropriate,
which shall be attached to the
license plates in a manner
prescribed by the director of public safety. The county
identification stickers shall prominently identify by name or number
the county in which the owner of the vehicle resides at the time of
registration.
Sec. 4503.21. No person who is the owner or operator of a
motor vehicle shall fail to display in plain view on the front
and rear of such THE motor vehicle the distinctive number and
registration mark, including any county identification sticker
and any validation sticker issued under sections 4503.19 and
4503.191 of the Revised Code, furnished by the director of public
safety, except that a manufacturer of motor vehicles or dealer
therein, the holder of an in transit permit, and the owner or
operator of a motorcycle, motorized bicycle, manufactured home,
trailer, or semitrailer shall display on the rear only.
A MOTOR VEHICLE THAT IS ISSUED TWO LICENSE PLATES SHALL
DISPLAY THE VALIDATION STICKER ONLY ON THE REAR LICENSE PLATE, EXCEPT THAT A
COMMERCIAL TRACTOR THAT DOES NOT RECEIVE AN APPORTIONED LICENSE PLATE
UNDER THE INTERNATIONAL REGISTRATION PLAN SHALL
DISPLAY THE
VALIDATION STICKER ON THE FRONT OF THE
COMMERCIAL TRACTOR. An
apportioned vehicle receiving an apportioned license plate under
the international registration plan shall display the LICENSE plate
only
on the front of a semitractor COMMERCIAL TRACTOR and on the rear
of all other
vehicles. Such number ALL LICENSE plates shall be securely
fastened so as not to swing, and shall not be covered by any material that
obstructs their visibility.
No person to whom a temporary license placard or windshield
sticker has been issued for the use of a motor vehicle under
section 4503.182 of the Revised Code, and no operator of such
THAT motor vehicle, shall fail to display such THE
temporary license
placard in plain view from the rear of the vehicle either in the
rear window or on an external rear surface of the motor vehicle,
or fail to display such THE windshield sticker in plain view on
the rear window of the motor vehicle. Such NO temporary license
placard or windshield sticker shall not be covered by any material
that obstructs its visibility.
Sec. 4745.01. (A) "Standard renewal procedure," as used in Chapters 905.,
907., 909., 911., 913., 915., 917., 918., 921., 923., 927., 942., 943.,
953., 1321., 3710., 3713., 3717., 3719., 3731., 3742., 3748., 3769.,
3783., 3905., 3921., 3951., 4104., 4105., 4143., 4169., 4561., 4701.,
4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725., 4727.,
4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741., 4747.,
4749., 4753., 4755., 4757., 4759., 4761., 4766., and 4773.,
AND 4775. of the
Revised Code, means the license renewal procedures specified in
this chapter.
(B) "Licensing agency," as used in this chapter, means any
department, division, board, section of a board, or other state
governmental unit subject to the standard renewal procedure, as
defined in this section, and authorized by the Revised Code to
issue a license to engage in a specific profession, occupation,
or occupational activity, or to have charge of and operate
certain specified equipment, machinery, or premises.
(C) "License," as used in this chapter, means a license,
certificate, permit, card, or other authority issued or conferred
by a licensing agency by authority of which the licensee has or
claims the privilege to engage in the profession, occupation, or
occupational activity, or to have control of and operate certain
specific equipment, machinery, or premises, over which the
licensing agency has jurisdiction.
(D) "Licensee," as used in this chapter, means either the
person to whom the license is issued or renewed by a licensing
agency, or the person, partnership, or corporation at whose
request the license is issued or renewed.
(E) "Renewal" and "renewed," as used in this chapter and
in the chapters of the Revised Code specified in division (A) of
this section, includes the continuing licensing procedure
provided in Chapter 3748. of the Revised Code and
rules adopted 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 continuing
licenses any reference in this chapter to the date of expiration
of any license shall be construed to mean the due date of the
annual or other fee for the continuing license.
Sec. 4775.01. AS USED IN THIS CHAPTER:
(A) "MOTOR VEHICLE" HAS THE SAME MEANING AS IN SECTION 4501.01
of the Revised Code.
(B) "MOTOR VEHICLE COLLISION REPAIR OPERATOR" MEANS A PERSON WHO
OWNS OR MANAGES, IN WHOLE OR IN PART, A MOTOR VEHICLE COLLISION REPAIR
FACILITY,
WHETHER OR NOT
MECHANICAL OR
OTHER REPAIRS ALSO ARE PERFORMED AT THE FACILITY, BUT DOES NOT MEAN ANY OF THE
FOLLOWING:
(1) AN EMPLOYEE, OTHER THAN A MANAGER, OF A MOTOR VEHICLE COLLISION 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;
(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 SECTIONS 4738.01
TO
4738.18 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 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
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 TO THE MOTOR VEHICLES OF A
SINGLE COMMERCIAL, INDUSTRIAL, OR GOVERNMENTAL ESTABLISHMENT EXCLUSIVELY AND
DOES NOT OFFER OR PROVIDE MOTOR VEHICLE COLLISION REPAIR SERVICE 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 WHILE THE OWNER, PART OWNER, OFFICER OF, OR INSTRUCTOR IS ENGAGING IN
ACTIVITY IN FURTHERANCE OF INSTRUCTION IN MOTOR VEHICLE COLLISION REPAIR.
(C) "MOTOR VEHICLE COLLISION REPAIR FACILITY" MEANS A BUSINESS
LOCATION IN WHICH FIVE OR MORE SEPARATE MOTOR VEHICLE COLLISION REPAIRS ARE
PERFORMED
FOR THE GENERAL PUBLIC
IN A
TWELVE-MONTH PERIOD, COMMENCING WITH THE DAY OF THE MONTH IN WHICH THE FIRST
SUCH REPAIR IS MADE.
Sec. 4775.02. NO PERSON SHALL ACT AS A MOTOR VEHICLE COLLISION REPAIR
OPERATOR UNLESS THE PERSON IS REGISTERED IN ACCORDANCE WITH THIS CHAPTER.
Sec. 4775.03. (A) THERE IS HEREBY CREATED THE BOARD OF MOTOR
VEHICLE COLLISION REPAIR REGISTRATION 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 THE EFFECTIVE DATE OF THIS SECTION,
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 THE EFFECTIVE DATE OF THIS SECTION, 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.
Sec. 4775.04. (A) THE BOARD OF MOTOR VEHICLE COLLISION REPAIR
REGISTRATION SHALL DO ALL OF THE FOLLOWING:
(1) ADOPT RULES 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.
Sec. 4775.05. (A) THE BOARD OF MOTOR VEHICLE COLLISION REPAIR
REGISTRATION 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 COLLISION REPAIR REGISTRATION CERTIFICATE NUMBER OF EACH REGISTERED
MOTOR VEHICLE COLLISION 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 COLLISION REPAIR OPERATOR, OR
ANY PARTNER OR OFFICER OF ANY MOTOR VEHICLE COLLISION REPAIR OPERATOR, AND,
UPON REASONABLE BELIEF THAT A VIOLATION HAS OCCURRED, PRESENT THE
EVIDENCE TO THE BOARD FOR ITS CONSIDERATION. 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 COLLISION REPAIR OPERATORS OF CHANGES IN THE
MOTOR
VEHICLE COLLISION REPAIR LAW AND RULES ADOPTED PURSUANT TO THAT LAW;
(9) DO ALL OTHER THINGS REQUESTED BY THE BOARD FOR THE ADMINISTRATION AND
ENFORCEMENT OF THIS CHAPTER.
(C) THE EXECUTIVE DIRECTOR MAY PROVIDE INFORMATION RELEVANT TO
MOTOR VEHICLE COLLISION REPAIR TO MOTOR VEHICLE COLLISION REPAIR 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.
Sec. 4775.06. 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 BOARD OF MOTOR VEHICLE COLLISION
REPAIR REGISTRATION THE NAME AND ADDRESS OF ANY MOTOR VEHICLE COLLISION 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. WITHIN SIXTY DAYS AFTER NOTIFICATION IS SENT, AN ENFORCEMENT
OFFICER SHALL DETERMINE WHETHER THE MOTOR VEHICLE COLLISION REPAIR OPERATOR
WHO
HAS BEEN NOTIFIED OF A SUSPECTED VIOLATION HAS COME INTO COMPLIANCE WITH THE
REQUIREMENTS OF THIS CHAPTER. IF THE MOTOR VEHICLE COLLISION 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.
Sec. 4775.07. (A) ANY PERSON REQUIRED TO BE REGISTERED AS A
MOTOR VEHICLE COLLISION REPAIR OPERATOR SHALL APPLY TO THE BOARD OF MOTOR
VEHICLE COLLISION REPAIR REGISTRATION 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 COLLISION 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, 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 COLLISION 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 COLLISION 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 COLLISION
REPAIR OPERATOR, THE MOTOR VEHICLE COLLISION 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 COLLISION
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.
Sec. 4775.08. (A) THE INITIAL AND ANNUAL RENEWAL FEE FOR
A MOTOR VEHICLE COLLISION REPAIR REGISTRATION CERTIFICATE AND FOR A TEMPORARY
MOTOR VEHICLE COLLISION REPAIR REGISTRATION CERTIFICATE IS ONE HUNDRED
DOLLARS FOR EACH BUSINESS LOCATION AT WHICH THE MOTOR VEHICLE COLLISION REPAIR
OPERATOR CONDUCTS BUSINESS AS AN OPERATOR, EXCEPT THAT THE BOARD OF MOTOR
VEHICLE COLLISION REPAIR REGISTRATION, 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 WITHOUT CAUSING AN
EXCESSIVE BUILD-UP OF SURPLUS FUNDS IN THE MOTOR VEHICLE COLLISION REPAIR
REGISTRATION FUND.
(B) THE BOARD SHALL DEPOSIT ALL FEES AND FINES COLLECTED UNDER
THIS CHAPTER INTO THE MOTOR VEHICLE COLLISION REPAIR REGISTRATION FUND, WHICH
IS HEREBY CREATED IN THE STATE TREASURY. THE BOARD SHALL USE THE FUND SOLELY
FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER.
Sec. 4775.09. (A) IN ACCORDANCE WITH CHAPTER 119. of the Revised Code,
THE BOARD OF MOTOR VEHICLE COLLISION REPAIR REGISTRATION 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.
(B) THE COURT OF COMMON PLEAS FOR THE COUNTY IN WHICH ANY PERSON
CONDUCTS, OR ATTEMPTS TO CONDUCT, BUSINESS AS A MOTOR VEHICLE COLLISION REPAIR
OPERATOR IN VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED UNDER THIS CHAPTER
MAY, ON APPLICATION OF THE BOARD, 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 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
COLLISION REPAIR OPERATOR IN ACCORDANCE WITH THIS CHAPTER.
Sec. 4775.10. (A) A
MOTOR VEHICLE COLLISION REPAIR OPERATOR WHO SUBSTANTIALLY
COMPLIES WITH THE REQUIREMENTS OF THIS CHAPTER FOR REGISTRATION
AS A MOTOR VEHICLE COLLISION 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 COLLISION REPAIR REGISTRATION CERTIFICATE. FOLLOWING THE
APPLICATION OF, AND PAYMENT OF A FEE BY A MOTOR VEHICLE
COLLISION REPAIR OPERATOR, THE BOARD OF MOTOR VEHICLE COLLISION REPAIR
REGISTRATION, IN ITS DISCRETION, MAY
DIRECT THE EXECUTIVE DIRECTOR TO ISSUE A TEMPORARY REGISTRATION CERTIFICATE TO
A MOTOR
VEHICLE COLLISION
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 COLLISION REPAIR OPERATOR OBTAINS A
REGULAR MOTOR VEHICLE COLLISION REPAIR REGISTRATION CERTIFICATE UNDER THIS
CHAPTER, WHICHEVER DATE OCCURS FIRST. IF A MOTOR VEHICLE COLLISION 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 COLLISION 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 COLLISION 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 COLLISION 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 COLLISION REPAIR OPERATORS AND NOT
IMPAIRING THE ABILITY OF OPERATORS WHO HAVE BEEN IN THE MOTOR VEHICLE
COLLISION REPAIR BUSINESS FOR LESS THAN ONE YEAR TO SUCCEED IN THE MARKET
PLACE.
(C) A TEMPORARY MOTOR VEHICLE COLLISION
REPAIR REGISTRATION MAY BE RENEWED NOT MORE THAN FOUR CONSECUTIVE TIMES.
A MOTOR VEHICLE
COLLISION 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 COLLISION 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.
Sec. 4775.11. IT IS THE INTENT OF THE GENERAL ASSEMBLY TO PREEMPT ANY
LOCAL ORDINANCE,
RESOLUTION, OR OTHER LAW ADOPTED OR ENACTED AFTER THE EFFECTIVE DATE OF THIS
SECTION, THAT IS LIMITED TO THE REGISTRATION OF PERSONS ENGAGED IN BUSINESS AS
MOTOR VEHICLE COLLISION REPAIR OPERATORS IN A MANNER CORRESPONDING TO THE
PROVISIONS OF THIS CHAPTER. THIS CHAPTER DOES NOT PREEMPT ANY LOCAL LAW THAT
MAY REQUIRE REGISTRATION OR LICENSURE AS A COMPONENT OF IMPOSING ADDITIONAL
REQUIREMENTS ON PERSONS ENGAGED IN BUSINESS AS MOTOR VEHICLE COLLISION REPAIR
OPERATORS OR TECHNICIANS. NOR DOES IT PREEMPT THE ENFORCEMENT OF ANY LOCAL
LAW
REGULATING MOTOR VEHICLE COLLISION REPAIR OPERATORS OR TECHNICIANS, INCLUDING
BUILDING, ZONING, HEALTH, SAFETY, OR OTHER SIMILAR CODES OR LAWS.
Sec. 4775.99. 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.
Sec. 5703.21. (A) Except as provided in divisions (B),
(C), and (D), AND (E) of this section, no agent
of the department of taxation,
except in the agent's report to the department or when called on to
testify in any court or proceeding, shall divulge any information
acquired by the agent as to the transactions, property, or business
of any person while acting or claiming to act under orders of the
department. Whoever violates this provision shall thereafter be
disqualified from acting as an officer or employee or in any
other capacity under appointment or employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15
of the Revised Code, or an audit of the department pursuant to
Chapter 117. of the Revised Code, or an audit, pursuant to such
chapter, the objective of which is to express an opinion on a
financial report or statement prepared or issued pursuant to
division (F) or (H) of section 126.21 of the Revised Code, the
officers and employees of the auditor of state charged with
conducting the audit shall have access to and the right to
examine any state tax returns and state tax return information in
the possession of the department to the extent that such access
and examination are necessary for purposes of the audit. Any
information acquired as the result of such access and examination
shall not be divulged for any purpose other than as required for
such audit or unless the officers and employees are required to
testify in a court or proceeding under compulsion of legal
process. Whoever violates this provision shall thereafter be
disqualified from acting as an officer or employee or in any
other capacity under appointment or employment of the auditor of
state.
(2) As provided by section 6103(d)(2) of the Internal
Revenue Code, any federal tax returns or federal tax information
which the department has acquired from the internal revenue
service, through federal and state statutory authority, may be
disclosed to the auditor of state solely for purposes of an audit
of the department.
(C) Division (A) of this section does not prohibit
divulging information contained in applications, complaints, and
related documents filed with the department under section 5715.27
of the Revised Code, or in applications filed with the department
under section 5715.39 of the Revised Code.
(D) Division (A) of this section does not prohibit the
department of taxation providing information to the division of child support
within the department of human services, or a child support enforcement
agency, pursuant to division (G)(2) of section 5101.31 of the Revised Code.
(E) DIVISION (A)
OF THIS SECTION DOES NOT PROHIBIT THE DISCLOSURE TO THE BOARD OF
MOTOR VEHICLE COLLISION REPAIR REGISTRATION OF ANY INFORMATION
IN THE POSSESSION OF THE DEPARTMENT THAT IS NECESSARY FOR THE
BOARD TO
VERIFY THE EXISTENCE OF AN APPLICANT'S VALID VENDOR'S LICENSE AND
CURRENT STATE TAX IDENTIFICATION NUMBER UNDER SECTION 4775.07 OF THE
REVISED CODE.
Section 2. That existing sections 4503.19, 4503.21, 4745.01, and 5703.21 of
the Revised Code are hereby
repealed.
Section 3. If Am. Sub. S.B. 60 of the 122nd General Assembly becomes law,
sections 4503.19 and 4503.21 of the Revised Code as they result from this act
supersede the versions of those sections as they result from Am. Sub. S.B. 60
of the 122nd General Assembly.
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