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Franklin County Ohio Clerk of Courts of the Common Pleas- 2015 Apr 13 11:46 AM-15CV003118
0C437 - I52
IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO
CIVIL DIVISION
Othman Transit Ltd.,
Dba Wheels To Go Auto Dealers
Yasir Ahmed, member/owner
4900 Reed Road
Columbus, Ohio 43220
Plaintiff - Appellant, g Case No.:
Vs. : Judge
Ohio Motor Vehicle Dealers Board,
1970 W. Broad Street
Columbus, Ohio 43223
Defendant - Appellee.
PLAINTIFF - APPELLANT’S NOTICE OF APPEAL OF DEFENDANT’S
ADJUDICATION ORDER RENDERED ON THIS 315 DAY OF MARCH 2015
Now comes Plaintiff ~ Appellant Othman Transit Ltd., dba Wheels To Go Auto
Dealers, by and through undersigned counsel and hereby gives notice of its appeal as of
right, pursuant to pursuant to R.C. 119.12 of the Ohio Revised Code to the Court of
Common Pleas, Franklin County, Ohio, Civil Division, from an Adjudication Order of the
Ohio Motor Vehicle Dealers Board, rendered on the 31% day of March, 2015, as said
Adjudication Order is not supported by reliable, probative, and substantial evidence and is
not in accordance with law. A true and accurate copy of the Adjudication Order is attached
hereto as Exhibit 1.Franklin County Ohio Clerk of Courts of the Common Pleas- 2015 Apr 13 11:46 AM-15CV003118
0C437 - I53
Respectfully submitted,
/s/ Stefan C. Le :
STEFANC.LEVY (0010221)
PO Box 13178
Columbus, OH 43213
Telephone: (614) 224-9550
Telefax: (614) 228-6122
Email: slevy261@yahoo.com
Attorney for Plaintiff - Appellant
CERTIFICATE OF SERVICE
A copy of the foregoing has been served via hand delivery upon the Ohio Motor
Vehicle Dealers Board, 1970 W. broad Street, Columbus, Ohio 43223 on this pee day
of April, 2015,
/s/ Stefan C, Levy :
STEFAN C.LEVY — (0010221)
Attorney for Plaintiff - AppellantFranklin County Ohio Clerk of Courts of the Common Pleas- 2015 Apr 13 11:46 AM-15CV003118
0c437 OHIO DEPARTMENT
OF PUBLIC SAFETY
SAFETY © SERVICE » PROTECTION
Bureau of Motor Vehicles
Emergency Management Agency
Emergency Medical Services
Office of Criminal Justice Services
Ohio Homeland Security
Ohio Investigative Unit
Ohio State Highway Patrol
Be
eee eee
March 31, 2015
Othman Transit Ltd. XK
dba Wheels To Go Auto Dealers
Yasir Ahmed, Member /¢) ey .
4010-Montgemery-Road SSE
Cineinnatiy Ohio-452 1 4. MSN:
Re: Othman Transit Ltd.
dba Wheels To Go Auto Dealers
1445 Harrison Avenue
Cincinnati, Ohio 45214
Used Motor Dealer's License #UD020228
ADJUDICATION ORDER
In the Matter of Othman Transit Ltd.
Case No. 1833
John R. Kasich, Governor
John Born, Director
Donala J. Petit”
Registrar
Bureau of Motor Vehicles
1970 West Broad Street
P.O. Box 16520
Columbus, Ohio 43216-6520
(614) 752-7600
werw,bmv.dhio.goy
This matter came on for formal hearing before the Motor Vehicle Dealers Board on March 12, 2015, pursuant to Ohio
Revised Code Section 4517.33, which provides that:
The Board shall suspend or revoke or notify
ground existed upon which the license might
the registrar to refuse to renew any...license...if any
have been refused or if a ground exists that would be
cause for refusal to issue a license, The Board may suspend or revoke any license if the licensee
has in any manner violated the rules issued
pursuant to sections 4517.01 to 4517.65 of the Ohio
Revised Code...or has been convicted of committing a felony or violating any law that in any way
relates to the selling, taxing, licensing,
duly notified Ti a ndlice dated November TO: 201; 18
of the Ohio Revised Code and Sections 4501:1-3-6] through 4501:1
or regulation of sales of motor vehicles.
accordance With Chapter 119 and as17
-3-33 of the Ohio Administrative Code, of an
opportunity for hearing to determine whether the license as a used motor vehicle dealer should be suspended, revoked,
or not renewed,
Yasir Ahmed submitted a request for a formal adjudication hearing on December 8, 2014. Attorney Stefan Levy
represented the dealership during the hearing proceedings, Yasir Ahmed also appeared on behalf of the dealership.
Upon consideration of the testimony and evidence
following findings of fact and conclusions of law.
FINDINGS OF FACT
1, Othman Transit Ltd. is currently licensed as a used motor vehicle dealer in the state of Ohio.
Mission Statement
adduced at the hearing, the Motor Vehicle Dealers Board makes the
‘to save lives, reduce injuries and economic loss, to administer Ohio's motor vehicle laws and to preserve the safely
and well being of ail citizens with the most cost-effective and service-oriented methods aveilable.”Franklin County Ohio Clerk of Courts of the Common Pleas- 2015 Apr 13 11:46 AM-15CV003118
0C4370hio Department of Public Safety
Othman Transit Ltd.
Case #1833
Page 2
2, On or about May 29, 2013, the Used Motor Vehicle Dealer Application for Othman Transit Lid,. was received,
and on July 19, 2013, the used motor vebiele dealer's license was issued. On the Used Motor Vehicle Dealer
Application, Member Yasir Ahmed affinned that the following Used Motor Vehicle Dealers Physical
Requirement were met at the time of application and shall remain in compliance the entire tine the license ig held:
“The established place of business shall include a lot of at feast three thousand five hundred square feet, not
including driveways, and have aclequate ground cover of a hard surface (gravel, concrete, ete.) to prevent the
collection of dust, mud, water, ar other unsightly conditions,” “A certified copy of the dealer permit and a enrrent
list of salespersons shall be posted in a conspicuous place in each plave of business pursuant to R.C, 45 17.40,”
and “A permanent, properly maintained, and prominently displayed sign showing the exact tame of the business
as it appears on the application and, any registered trade names in letters, in letters that shall be na fess than six
(6") inches high.”
3. On or about August 2, 2013, the dealership located at 1443 Harrison Avenue, Cincinnati, Ohio, had weeds, grass,
trash, and debris on the display lot; the dealership’s Hoense wag not posted in a conspicuous. place; and the
lettering on the sign identifying the business was not at least'six inches high.
4, Onor about August 23, 2013, the dealership had weeds, grass, trash, and debris on the display lot.
CONCLUSIONS OF LAW
1. Having weeds, grass, trash, and debris on the display lot are violations of Section 4517.03 of the Ohio Revised
Code and Section 4501:1-3-08 of Ohio Administrative Code, enacted pursuant to Section 4517.32 of Ohio
Revised Code,
2, Not having the dealership’s license posted in a conspicuous place is a violation of Section 4517.10 of the Ohio
Revised Code.
3. Not having a business sign with lettering at least six inches high is a violation of Section 4517.03 of the Ohio
Revised Code and Section 4501:1-3-03 of the Ohio Administrative Code, enacted pursuant to Section 4517.32 of
the Ohio Revised Code.
4. The violations of Sections 4517.03 and 4517.10 of the Ohio Revised Code, and Sections 4501:1-3-03 and 4501:1-
_ 2-00 of the Ohio “Administrative Code, enacted pursuant to-Section: “4517.32-0f the Ohio Revised Code; woult-~
have been grounds for the denial of an application for used motor vehicle dealer’s license pursuant to Sections
4517.12(A)(2) and (A)(9) of the Ohio Revised Code.
5. Making any false statement of a material fact in the application would have been grounds for the denial of an
application for used motor vehicle dealer’s license pursuant to Section 4517,12(A)(1) of the Ohio Revised Code.
6. When any ground exists that would be cause for refusal to issue a license, the Board shall suspend or revoke or
notify the registrar to refuse to renew the used motor vehicle dealer’s license pursuant to Section 4517.33 of the
Ohio Revised Code.
7. When the licstisee has in any manner violated the rules issued pursuant to Sections 4517.01 to 4517.65 of the
Ohio Revised Code, the Board may suspend or revoke the used motor vehicle dealer’s license pursuant to Section
4517.33 of the Ohio Revised Code.0C437
Franklin County Ohio Clerk of Courts of the Common Pleas- 2015 Apr 13 11:46 AM-15CV003118
Ohio DeBartment of Public Safety
Othman Transit Ltd.
Case #1833
Page 3
ORDER
The Board hereby orders that the used motor vehicle dealer’s license issued to Othman Transit Ltd., Yasir Ahmed,
Member, be revoked. Said revocation shall become effective at the end of the business day on April 30, 2015,
TIME AND METHOD TO PERFECT AN APPEAL
Any party desiring to appeal shall fle a Notice of Appeal with the Ohio Motor Vehicle Dealers Board, 1970 West
Broad Street, Columbus, Ohio 43233, setting forth the oriler appealed from and stating that the agency's order is not
supported by rellable, probative, and substantial evidence and is not in.acoordance with law. ‘Ths notice of appeal may,
hut need not, set forth the specific grounds of the party's appeal beyond the statement that the agenoy's order is not
Supported by reliable, probative, and substantial evidence and is not in avcordance with law: ‘The Notice of Appeal shall
alsa be filed by the appellam with the Court of Common Fleas of the appropriate Sounty pursuant te the following
provisions of Section 119.12 of the Ohio Revised Cade:
Any party adversely affected by any order of an agency issued pursuant to an adjudication...denying
the issuance or renewal of a license or registration of a licensee, or revoking or suspending a
license...may appeal from the order of the agency to the gourt of common pleas of ihe county in
which the place of business of the Hoenswe is located or the county in whieh the: licensee k
resident... (Emphasis added.)
Section 119.12 of the Ohio Revised Code further provides that:
Any party adversely affected by any order of an agency issued pursuant to any other adjudication
may appeal to the esurt of common pleas of Franklin County... (Emphasis added.)
Such notices of appeal shall be filed within fifteen (15) days alter the mailing of the notice of the Ohio Motor Vehicle
Dealers Board’s Order as provided {n Section 119.12 of the Ohio Revised Code. You must determine the appropriate
tourt in which to file your notice of sppeal In light of the action taken by the Board. You may wish to obtain legal
advice in making this decision.
Simply filing a notice of appeal will not prevent this adjudication order from taking effet. Ifyou wish to stay the effect
of the adjudication order pending the outcome of the appeal, you must apply for and receive stay-order from the court
of common pleas in which you filed your notice of appeal pursuaist to Section 119.12 of the Ohio Revised Code,
By order of the Ohio Motor Vehicle Dealers Board.
¥ { hereby oertify that this document is ¢ Shee an
accurate copy of the findings and order of the Gino
Dire 4E7" Motor Vehiote Dealers Board entered an Rs recurs of
proceedings Drie
, DA pec
DONALD J, PETIT rl Ae
SECRETARY Clerk of
DJP:KAC:sac
Sent by certified mail, #7013 3020 0000 6993 0728, to 4010 Montgomery Road, Cincinnati
Sent by certified mail, #7013 3020 0000 6993 0735, to 1445 Harrison Avenue, Cincinnati
ce: Stefan Levy, Esq.
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2015 Apr 13 11:46 AM-15CV003118 0C437 - I52 IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO CIVIL DIVISION Othman Transit Ltd., Dba Wheels To Go Auto Dealers Yasir Ahmed, member/owner 4900 Reed Road Columbus, Ohio 43220 Plaintiff - Appellant, g Case No.: Vs. : Judge Ohio Motor Vehicle Dealers Board, 1970 W. Broad Street Columbus, Ohio 43223 Defendant - Appellee. PLAINTIFF - APPELLANT’S NOTICE OF APPEAL OF DEFENDANT’S ADJUDICATION ORDER RENDERED ON THIS 315 DAY OF MARCH 2015 Now comes Plaintiff ~ Appellant Othman Transit Ltd., dba Wheels To Go Auto Dealers, by and through undersigned counsel and hereby gives notice of its appeal as of right, pursuant to pursuant to R.C. 119.12 of the Ohio Revised Code to the Court of Common Pleas, Franklin County, Ohio, Civil Division, from an Adjudication Order of the Ohio Motor Vehicle Dealers Board, rendered on the 31% day of March, 2015, as said Adjudication Order is not supported by reliable, probative, and substantial evidence and is not in accordance with law. A true and accurate copy of the Adjudication Order is attached hereto as Exhibit 1.Franklin County Ohio Clerk of Courts of the Common Pleas- 2015 Apr 13 11:46 AM-15CV003118 0C437 - I53 Respectfully submitted, /s/ Stefan C. Le : STEFANC.LEVY (0010221) PO Box 13178 Columbus, OH 43213 Telephone: (614) 224-9550 Telefax: (614) 228-6122 Email: slevy261@yahoo.com Attorney for Plaintiff - Appellant CERTIFICATE OF SERVICE A copy of the foregoing has been served via hand delivery upon the Ohio Motor Vehicle Dealers Board, 1970 W. broad Street, Columbus, Ohio 43223 on this pee day of April, 2015, /s/ Stefan C, Levy : STEFAN C.LEVY — (0010221) Attorney for Plaintiff - AppellantFranklin County Ohio Clerk of Courts of the Common Pleas- 2015 Apr 13 11:46 AM-15CV003118 0c437 OHIO DEPARTMENT OF PUBLIC SAFETY SAFETY © SERVICE » PROTECTION Bureau of Motor Vehicles Emergency Management Agency Emergency Medical Services Office of Criminal Justice Services Ohio Homeland Security Ohio Investigative Unit Ohio State Highway Patrol Be eee eee March 31, 2015 Othman Transit Ltd. XK dba Wheels To Go Auto Dealers Yasir Ahmed, Member /¢) ey . 4010-Montgemery-Road SSE Cineinnatiy Ohio-452 1 4. MSN: Re: Othman Transit Ltd. dba Wheels To Go Auto Dealers 1445 Harrison Avenue Cincinnati, Ohio 45214 Used Motor Dealer's License #UD020228 ADJUDICATION ORDER In the Matter of Othman Transit Ltd. Case No. 1833 John R. Kasich, Governor John Born, Director Donala J. Petit” Registrar Bureau of Motor Vehicles 1970 West Broad Street P.O. Box 16520 Columbus, Ohio 43216-6520 (614) 752-7600 werw,bmv.dhio.goy This matter came on for formal hearing before the Motor Vehicle Dealers Board on March 12, 2015, pursuant to Ohio Revised Code Section 4517.33, which provides that: The Board shall suspend or revoke or notify ground existed upon which the license might the registrar to refuse to renew any...license...if any have been refused or if a ground exists that would be cause for refusal to issue a license, The Board may suspend or revoke any license if the licensee has in any manner violated the rules issued pursuant to sections 4517.01 to 4517.65 of the Ohio Revised Code...or has been convicted of committing a felony or violating any law that in any way relates to the selling, taxing, licensing, duly notified Ti a ndlice dated November TO: 201; 18 of the Ohio Revised Code and Sections 4501:1-3-6] through 4501:1 or regulation of sales of motor vehicles. accordance With Chapter 119 and as17 -3-33 of the Ohio Administrative Code, of an opportunity for hearing to determine whether the license as a used motor vehicle dealer should be suspended, revoked, or not renewed, Yasir Ahmed submitted a request for a formal adjudication hearing on December 8, 2014. Attorney Stefan Levy represented the dealership during the hearing proceedings, Yasir Ahmed also appeared on behalf of the dealership. Upon consideration of the testimony and evidence following findings of fact and conclusions of law. FINDINGS OF FACT 1, Othman Transit Ltd. is currently licensed as a used motor vehicle dealer in the state of Ohio. Mission Statement adduced at the hearing, the Motor Vehicle Dealers Board makes the ‘to save lives, reduce injuries and economic loss, to administer Ohio's motor vehicle laws and to preserve the safely and well being of ail citizens with the most cost-effective and service-oriented methods aveilable.”Franklin County Ohio Clerk of Courts of the Common Pleas- 2015 Apr 13 11:46 AM-15CV003118 0C4370hio Department of Public Safety Othman Transit Ltd. Case #1833 Page 2 2, On or about May 29, 2013, the Used Motor Vehicle Dealer Application for Othman Transit Lid,. was received, and on July 19, 2013, the used motor vebiele dealer's license was issued. On the Used Motor Vehicle Dealer Application, Member Yasir Ahmed affinned that the following Used Motor Vehicle Dealers Physical Requirement were met at the time of application and shall remain in compliance the entire tine the license ig held: “The established place of business shall include a lot of at feast three thousand five hundred square feet, not including driveways, and have aclequate ground cover of a hard surface (gravel, concrete, ete.) to prevent the collection of dust, mud, water, ar other unsightly conditions,” “A certified copy of the dealer permit and a enrrent list of salespersons shall be posted in a conspicuous place in each plave of business pursuant to R.C, 45 17.40,” and “A permanent, properly maintained, and prominently displayed sign showing the exact tame of the business as it appears on the application and, any registered trade names in letters, in letters that shall be na fess than six (6") inches high.” 3. On or about August 2, 2013, the dealership located at 1443 Harrison Avenue, Cincinnati, Ohio, had weeds, grass, trash, and debris on the display lot; the dealership’s Hoense wag not posted in a conspicuous. place; and the lettering on the sign identifying the business was not at least'six inches high. 4, Onor about August 23, 2013, the dealership had weeds, grass, trash, and debris on the display lot. CONCLUSIONS OF LAW 1. Having weeds, grass, trash, and debris on the display lot are violations of Section 4517.03 of the Ohio Revised Code and Section 4501:1-3-08 of Ohio Administrative Code, enacted pursuant to Section 4517.32 of Ohio Revised Code, 2, Not having the dealership’s license posted in a conspicuous place is a violation of Section 4517.10 of the Ohio Revised Code. 3. Not having a business sign with lettering at least six inches high is a violation of Section 4517.03 of the Ohio Revised Code and Section 4501:1-3-03 of the Ohio Administrative Code, enacted pursuant to Section 4517.32 of the Ohio Revised Code. 4. The violations of Sections 4517.03 and 4517.10 of the Ohio Revised Code, and Sections 4501:1-3-03 and 4501:1- _ 2-00 of the Ohio “Administrative Code, enacted pursuant to-Section: “4517.32-0f the Ohio Revised Code; woult-~ have been grounds for the denial of an application for used motor vehicle dealer’s license pursuant to Sections 4517.12(A)(2) and (A)(9) of the Ohio Revised Code. 5. Making any false statement of a material fact in the application would have been grounds for the denial of an application for used motor vehicle dealer’s license pursuant to Section 4517,12(A)(1) of the Ohio Revised Code. 6. When any ground exists that would be cause for refusal to issue a license, the Board shall suspend or revoke or notify the registrar to refuse to renew the used motor vehicle dealer’s license pursuant to Section 4517.33 of the Ohio Revised Code. 7. When the licstisee has in any manner violated the rules issued pursuant to Sections 4517.01 to 4517.65 of the Ohio Revised Code, the Board may suspend or revoke the used motor vehicle dealer’s license pursuant to Section 4517.33 of the Ohio Revised Code.0C437 Franklin County Ohio Clerk of Courts of the Common Pleas- 2015 Apr 13 11:46 AM-15CV003118 Ohio DeBartment of Public Safety Othman Transit Ltd. Case #1833 Page 3 ORDER The Board hereby orders that the used motor vehicle dealer’s license issued to Othman Transit Ltd., Yasir Ahmed, Member, be revoked. Said revocation shall become effective at the end of the business day on April 30, 2015, TIME AND METHOD TO PERFECT AN APPEAL Any party desiring to appeal shall fle a Notice of Appeal with the Ohio Motor Vehicle Dealers Board, 1970 West Broad Street, Columbus, Ohio 43233, setting forth the oriler appealed from and stating that the agency's order is not supported by rellable, probative, and substantial evidence and is not in.acoordance with law. ‘Ths notice of appeal may, hut need not, set forth the specific grounds of the party's appeal beyond the statement that the agenoy's order is not Supported by reliable, probative, and substantial evidence and is not in avcordance with law: ‘The Notice of Appeal shall alsa be filed by the appellam with the Court of Common Fleas of the appropriate Sounty pursuant te the following provisions of Section 119.12 of the Ohio Revised Cade: Any party adversely affected by any order of an agency issued pursuant to an adjudication...denying the issuance or renewal of a license or registration of a licensee, or revoking or suspending a license...may appeal from the order of the agency to the gourt of common pleas of ihe county in which the place of business of the Hoenswe is located or the county in whieh the: licensee k resident... (Emphasis added.) Section 119.12 of the Ohio Revised Code further provides that: Any party adversely affected by any order of an agency issued pursuant to any other adjudication may appeal to the esurt of common pleas of Franklin County... (Emphasis added.) Such notices of appeal shall be filed within fifteen (15) days alter the mailing of the notice of the Ohio Motor Vehicle Dealers Board’s Order as provided {n Section 119.12 of the Ohio Revised Code. You must determine the appropriate tourt in which to file your notice of sppeal In light of the action taken by the Board. You may wish to obtain legal advice in making this decision. Simply filing a notice of appeal will not prevent this adjudication order from taking effet. Ifyou wish to stay the effect of the adjudication order pending the outcome of the appeal, you must apply for and receive stay-order from the court of common pleas in which you filed your notice of appeal pursuaist to Section 119.12 of the Ohio Revised Code, By order of the Ohio Motor Vehicle Dealers Board. ¥ { hereby oertify that this document is ¢ Shee an accurate copy of the findings and order of the Gino Dire 4E7" Motor Vehiote Dealers Board entered an Rs recurs of proceedings Drie , DA pec DONALD J, PETIT rl Ae SECRETARY Clerk of DJP:KAC:sac Sent by certified mail, #7013 3020 0000 6993 0728, to 4010 Montgomery Road, Cincinnati Sent by certified mail, #7013 3020 0000 6993 0735, to 1445 Harrison Avenue, Cincinnati ce: Stefan Levy, Esq.