4501:1-4-04 Place of business required for motor vehicle salvage dealers, salvage motor vehicle pools and salvage motor vehicle auctions.

 

 

 

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

4501:1-4-04

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Place of business required for motor vehicle salvage dealers,

salvage motor vehicle pools and salvage motor vehicle auctions.

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: R.C.4738.11

5.  Statute(s) the rule, as filed, amplifies or implements: R.C.4738.11

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

This filing is based on a scheduled R.C. 119.032 five-year rule review of Ohio Administrative Code Chapter 4501:1-4.

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 motor vehicle salvage

dealers, salvage motor vehicle pools, and salvage motor vehicle auctions including record availability, posting of license and regular business hours, characteristics of facilitites used, and signage. Language has been added requiring liability agreements when two dealers agree to jointly operate from the same location. This language, originally included in rule 4501:1-4-15, was moved to provide better organization of the chapter. Additionally, readers have been directed how to access the Federal "Highway Beautification Act of 1965" incorporated by reference into the rule.

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:

If the material incorporated by reference is properly cited and generally available to persons who may be affected by the rule, R.C. 121.75 and R.C. 121.76 exempt the United States Code from the provisions of R.C. 121.72 to R.C. 121.74.

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:

N/A

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:

This rule has been revised to correct a capitalization error in the second sentence in paragraph (G). The word "such" has been corrected to "Such."

12. 119.032 Rule Review Date: 10/4/2010

(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 filing 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 is not expected to create additional compliance costs.

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