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|
As Introduced
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 143 |
REPRESENTATIVES METZGER-HARRIS-OPFER-VAN VYVEN
A BILL
To amend section 4745.01 and to enact sections 4775.01 to 4775.11 and section
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4745.01 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. 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 FACILITY THAT ENGAGES IN THE BUSINESS
OF THE COLLISION REPAIR OF, OR THAT INSTALLS PARTS ON, MOTOR VEHICLES IN THE
COURSE OF COLLISION REPAIR, FOR COMPENSATION, 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) AN OWNER OR OPERATOR OF A JUNK YARD LICENSED PURSUANT TO SECTIONS
4737.05 TO 4737.12 of the Revised Code;
(4) A MOTOR VEHICLE SALVAGE DEALER LICENSED PURSUANT TO SECTIONS 4738.01
TO
4738.18 of the Revised Code;
(5) A PERSON OR LESSEE WHO OWNS OR LEASES TWENTY 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;
(6) 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;
(7) 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 MOTOR VEHICLE COLLISION REPAIRS ARE PERFORMED.
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 SHALL 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 SHALL 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, SURETY BONDS, AND ANY OTHER FORM
OF SURETY THE BOARD CONSIDERS APPROPRIATE.
(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 AND
WHETHER THE HOLDER OF A REGISTRATION CERTIFICATE SHOULD BE DISCIPLINED OR HAVE
THE PERSON'S REGISTRATION SUSPENDED OR REVOKED UNDER SECTION 4775.09 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 AND THE RULES ADOPTED
PURSUANT THERETO BY ANY PERSON, 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, REQUEST THE ATTORNEY
GENERAL TO CONDUCT INVESTIGATIONS OF ANY PERSON TO DETERMINE COMPLIANCE WITH
THIS CHAPTER AND THE RULES ADOPTED PURSUANT THERETO. 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 THERETO;
(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, 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, STATE, AND LOCAL
STATUTES AND RULES AND ALL APPLICABLE ZONING REGULATIONS. FOR THAT PURPOSE,
THE BOARD
SHALL IDENTIFY BY RULE ADOPTED IN ACCORDANCE WITH CHAPTER 119. of the Revised Code
THE FEDERAL, STATE, AND LOCAL STATUTES AND RULES THAT THE BOARD BELIEVES APPLY
TO MOTOR VEHICLE COLLISION REPAIR OPERATORS AND WITH WHICH A MOTOR VEHICLE
COLLISION REPAIR OPERATOR MUST COMPLY IN ORDER TO OBTAIN A REGISTRATION UNDER
THIS CHAPTER.
(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 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.
(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 IS AUTOMATICALLY SUSPENDED, EXCEPT THAT THE BOARD
MAY WAIVE THE SUSPENSION FOR GOOD CAUSE SHOWN.
Sec. 4775.08. (A) THE INITIAL AND ANNUAL RENEWAL FEE FOR
REGISTRATION AS A MOTOR VEHICLE COLLISION REPAIR OPERATOR AND FOR A TEMPORARY
MOTOR VEHICLE COLLISION REPAIR REGISTRATION 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 OR MAY SUSPEND OR REVOKE A REGISTRATION CERTIFICATE OR OTHERWISE
DISCIPLINE A HOLDER OF A REGISTRATION CERTIFICATE FOR ANY VIOLATION OF THIS
CHAPTER OR THE RULES ADOPTED PURSUANT THERETO OR FOR CEASING TO SATISFY THE
REQUIREMENTS FOR REGISTRATION SET FORTH IN DIVISION (A) 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 OR THE ATTORNEY GENERAL, 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, UPON THE ATTORNEY
GENERAL'S
BECOMING AWARE OF ANY ALLEGED VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED
UNDER THIS CHAPTER, OR AS A RESULT OF
COMPLAINTS, THE BOARD SHALL INVESTIGATE THE ALLEGED VIOLATION. UPON RECEIVING
A COMPLAINT FROM THE BOARD OR EXECUTIVE DIRECTOR CONCERNING AN ALLEGED
VIOLATION, THE ATTORNEY GENERAL SHALL DO ALL OF THE FOLLOWING:
(1) CONDUCT ANY ADDITIONAL INVESTIGATION NECESSARY;
(2) ENFORCE THIS CHAPTER AND THE RULES ADOPTED UNDER IT;
(3) PROSECUTE ANY PERSON WHO VIOLATES THIS CHAPTER OR THE RULES ADOPTED
UNDER IT.
(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, OR WHOSE REGISTRATION IS SUSPENDED UNDER THIS CHAPTER 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 OR
REGISTRATION OR UNDER ANY OTHER NAME PRIOR TO REGISTERING AS A MOTOR VEHICLE
COLLISION REPAIR OPERATOR IN ACCORDANCE WITH THIS CHAPTER.
(F) IF A COURT FINDS THAT A PERSON INITIATED AN ACTION IN REGARD
TO THE REGISTRATION OF A MOTOR VEHICLE COLLISION REPAIR OPERATOR BASED ON A
CLAIM THAT IS LACKING IN MERIT, THE COURT MAY REQUIRE THE PERSON TO PAY THE
REASONABLE COST OF ATTORNEY'S FEES INVOLVED IN DEFENDING THE ACTION. ALL
FUNDS PAID UNDER THIS DIVISION SHALL BE DEPOSITED IN THE STATE TREASURY TO THE
CREDIT OF THE ATTORNEY GENERAL REIMBURSEMENT FUND.
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. FOLLOWING THE
APPLICATION OF, AND PAYMENT OF A FEE BY A MOTOR VEHICLE
COLLISION REPAIR OPERATOR, THE BOARD, IN ITS DISCRETION, MAY
DIRECT THE EXECUTIVE DIRECTOR TO ISSUE A TEMPORARY MOTOR VEHICLE
COLLISION REPAIR REGISTRATION 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 MOTOR VEHICLE COLLISION REPAIR REGISTRATION 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 UNDER THIS
CHAPTER. IF A MOTOR VEHICLE COLLISION REPAIR OPERATOR OBTAINS A
REGULAR MOTOR VEHICLE COLLISION REPAIR REGISTRATION PRIOR TO THE
EXPIRATION OF THE OPERATOR'S TEMPORARY REGISTRATION, A PORTION
OF THE FEE PAID BY THE MOTOR VEHICLE COLLISION REPAIR OPERATOR
TO OBTAIN THE TEMPORARY REGISTRATION SHALL BE APPLIED TO THE FEE
IMPOSED UNDER THIS CHAPTER TO OBTAIN A MOTOR VEHICLE COLLISION
REPAIR REGISTRATION IN AN AMOUNT THAT CORRESPONDS TO THE PORTION
OF THE YEAR THE OPERATOR IS NOT UTILIZING THE TEMPORARY
REGISTRATION.
UPON RECEIVING DIRECTION FROM THE MOTOR VEHICLE COLLISION
REPAIR BOARD, THE EXECUTIVE DIRECTOR SHALL ISSUE A TEMPORARY
MOTOR VEHICLE COLLISION REPAIR REGISTRATION.
(B) THE BOARD OF MOTOR
VEHICLE COLLISION REPAIR 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
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.
(C) A MOTOR VEHICLE
COLLISION REPAIR OPERATOR MAY APPLY FOR A RENEWAL OF A TEMPORARY
MOTOR VEHICLE COLLISION REPAIR REGISTRATION PRIOR TO THE
EXPIRATION OF THE TEMPORARY REGISTRATION. THE BOARD SHALL
CONSIDER AN APPLICATION FOR THE RENEWAL OF A TEMPORARY MOTOR
VEHICLE COLLISION REPAIR REGISTRATION. THE BOARD MAY DIRECT THE
EXECUTIVE DIRECTOR TO RENEW A TEMPORARY MOTOR VEHICLE COLLISION
REPAIR REGISTRATION OF AN APPLICANT WHO MEETS THE REQUIREMENTS
SET FORTH IN DIVISION (A) OF
THIS SECTION FOR OBTAINING A TEMPORARY MOTOR VEHICLE COLLISION
REPAIR REGISTRATION. UPON RECOMMENDATION BY THE BOARD, THE
EXECUTIVE DIRECTOR SHALL ISSUE A RENEWAL OF AN APPLICANT'S
TEMPORARY MOTOR VEHICLE COLLISION REPAIR REGISTRATION.
A RENEWAL OF A TEMPORARY MOTOR VEHICLE COLLISION REPAIR
REGISTRATION IS EFFECTIVE FOR ONE YEAR FROM THE DATE OF ISSUANCE
OF THE RENEWAL OF REGISTRATION. A TEMPORARY MOTOR VEHICLE
COLLISION REPAIR REGISTRATION 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 MOTOR VEHICLE COLLISION REPAIR REGISTRATION.
Sec. 4775.11. THE STATE, THROUGH THE BOARD OF MOTOR VEHICLE COLLISION
REPAIR REGISTRATION AND IN ACCORDANCE WITH THIS CHAPTER, SHALL SOLELY REGISTER
PERSONS ENGAGED IN BUSINESS AS MOTOR VEHICLE COLLISION REPAIR OPERATORS. BY
THE ENACTMENT OF THIS
CHAPTER, IT IS THE INTENT OF THE GENERAL ASSEMBLY TO PREEMPT MUNICIPAL
CORPORATIONS AND OTHER POLITICAL SUBDIVISIONS FROM THE LICENSING,
REGISTRATION,
OR CERTIFICATION OF, THE ESTABLISHMENT OF STANDARDS FOR, AND THE COLLECTION OF
ANY FEES OR ASSESSMENTS FROM MOTOR VEHICLE COLLISION REPAIR OPERATORS.
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, OR IMPRISONED NOT MORE THAN NINETY DAYS, OR BOTH.
Section 2. That existing section 4745.01 of the Revised Code is hereby
repealed.
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