4501:1-3-08 Place of business required for used motor vehicle dealers.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Public Safety

Agency Name

 

Bureau of Motor Vehicles                                  Anne Vitale

Division                                                                  Contact

 

1970 West Broad St., Suite 531 P.O. Box 182081 Columbus OH 43218-2081

614-466-7014        614-752-6063

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

4501:1-3-08

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Place of business required for used motor vehicle dealers.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 4501.02, 4517.32

5.  Statute(s) the rule, as filed, amplifies or implements: 4517.02, 4501.03, 4517.05, 4517.12

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

This filing is based on a R.C. 119.032 rule review of Ohio Administrative Code Chapter 4501-1. Proposed changes are to provide clarity, access, and consistency regarding required office space and telephone service as well as establish minimum required hours of operation to increase accessiblity for used motor vehicle dealers.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule sets forth place of business requirements for used motor vehicle dealers. Proposed change in paragraph (A) clarifies that the office shall have a landline telephone (not a cellular phone) in service at all times, that is listed in the local telephone directory as, and is answered in the name of, the used motor vehicle dealer. Another proposed change clarifies that the business hours be a minimum of thirty hours per week, at least six of which are to occur Monday through Friday from seven a.m. to five p.m. New language also clarifies that the required minimum square footage for office space refers to "interior" office area, that office area exclude restroom, storage, or utility space, that the office be kept neat and orderly at all times, and that it shall not be used as a storage or other utility area. Also added is an hours exemption for licensed auction owners who are also licensed used motor vehicle dealers and do not sell to the general public.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

As a result of testimony given at the public hearing held on August 18, 2008, the Board reconsidered and made changes as follows. In the initial proposed changes, in paragraph (A), the minimum number of weekly business hours required was 40

per week, 30 of which were to occur from 9 AM to 5 PM Monday through Friday. In this revised rule, the minimum number of weekly business hours has been reduced from 40 to 30, 6 (rather than 10) of which are required to occur from 7 AM to 5 PM (rather than 9-5) Monday through Friday. Corresponding changes have been made to the responses to questions #7 and #15 in this rule summary and fiscal analysis.

12. 119.032 Rule Review Date: 11/14/2008

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0

We do not anticipate that this rule filng will affect the agency budget.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

This rule filing clarifies requirements for office area, and makes more consistent requirements for an office telephone, and establishes minimum required weekly business hours. If landline service has been eliminated, costs may be incurred for reconnection. Additional costs would be incurred by a used motor vehicle dealer if

current business hours are less than 30 hours per week and/or that are less than 6 hours per week from 7:00 a.m. to 5:00 p.m. Monday through Friday. Costs would also be incurred if the office area requirements are not currently met. Licensed auction owners who are also licensed used motor vehicle dealers and do not sell to the public will realize a reduction in costs by not having to maintain additional business hours.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No