Ohio Administrative Code|Rule 4101:6-1-03 | License requirements.

                                                

(A) Any person who engages in
manufacturing or wholesaling bedding or upholstered furniture that is to be
sold or offered for sale in this state; a person remaking, repairing, or
renovating bedding or upholstered furniture for return to an owner in this
state; a person delivering for sale any article of bedding, upholstered
furniture, or stuffed toy; or any person holding for sale any article of
secondhand bedding; or a person manufacturing, wholesaling, making, or
importing stuffed toys that are sold, consigned, delivered for sale, or offered
for sale, or leased in this state must register with the division of industrial
compliance. All registrants shall make application to the superintendent for a
certificate of registration, which the superintendent shall issue.

(B) Each such registration application
shall be accompanied by an annual registration fee of fifty dollars, payable in
one amount prior to the annual issuance. Except the following classes of
registrants shall pay a registration fee as delineated below and shall be
excluded from the annual report requirement and the charges related thereto:
secondhand dealers at fifty dollars, renovators at thirty-five dollars, mobile
home and recreational vehicle dealers at fifty dollars, and auction houses at
fifty dollars. A ,certificate of registration will not be issued for a period
of less than one year, and no refunds will be made for unused portions thereof.
Registrations are not transferable. Each registration shall expire one year
from the date of issuance and is renewable annually unless
revoked.

(1) Each registrant, with
the exception of wholesalers having a business establishment in the state of
Ohio, shall make a report to the director every twelve months. Such reports
shall show the exact number of articles manufactured or wholesaled for sale,
consigned or delivered for sale, or held for sale, in this state, or renovated
for return to an owner in this state, by such registrant, which articles are
included in Chapter 3713. of the Revised Code, known as "Inspection of
Bedding Materials," and in this chapter.

(2) At the same time the
report is submitted, each person required to submit a report shall also pay to
the superintendent four cents for each article of bedding or stuffed toy that
was manufactured or wholesaled for sale, consigned or delivered for sale, or
held for sale, in this state, or that was remade, repaired, or renovated for
and returned to an owner in this state.

Reports shall be made under oath that they are
true to the best of knowledge and belief of the person making the report.
Whenever any registrant fails to make such report and payment, or whenever it
is advisable at the discretion of the superintendent, the superintendent or the
superintendent's agents shall examine the books and records of the
registrant for the purpose of determining the correct amount due from such
registrant. Registration shall be forfeited in cases where a registrant has
failed to pay either the amount of the registration report found to be owed or
the amount of reasonable expenses incurred in making such examination by the
division.

(C) No organization described in section
501 (c)(3) of the Internal Revenue Code of 1954, and exempt from income tax
under section 501 (a) of the code and that is operated exclusively to provide
recreation or social services for persons who are fifty-five years of age or
over, shall be required to pay an annual registration fee in order to be
registered with the division.

(1) The organization
shall submit with its application for registration number, an affidavit signed
by the executive officer or director of the organization to the effect that the
organization qualifies for an exemption from registration fee under this
section and a copy of the Internal Revenue Code form 1023.

(2) Such organizations
shall comply with all other requirements of Chapter 3713. of the Revised Code
and rules promulgated thereunder.

(D) Any person who is required to
register with the division of industrial compliance under paragraph (A) of this
rule may apply to the superintendent for an exemption from the annual
registration fee and/or annual report requirements of paragraph (B) of this
rule and the charges related thereto upon the showing of good cause and that
the filing of such would result in undue hardship. The superintendent shall
rule on each application for exemption individually as the superintendent sees
fit.

(1) If an exemption is
granted, the superintendent shall at the same time determine a fixed annual
registration fee to be applied in that specific case, not to exceed one hundred
dollars.

(2) Such exemption shall
not preclude compliance with all other requirements of Chapter 3713. of the
Revised Code and rules promulgated thereunder.



Last updated November 5, 2021 at 12:53 AM


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