Ohio Administrative Code|Rule 4501:1-6-04 | Limited authority deputy registrars.

                                                
(A) The registrar of motor vehicles, with
		  the approval of the director of public safety, shall establish a program to
		  appoint limited authority deputy registrars. The registrar shall appoint only
		  clerks of the courts of common pleas in counties having a population of more
		  than forty thousand and electronic motor vehicle dealers.
An electronic motor vehicle dealer means a motor
		  vehicle dealer that:
(1) Holds a current,
			 valid motor vehicle dealer's license issued under Chapter 4517. of the
			 Revised Code.
(2) Participates in the
			 title defect rescission fund created by section 1345.52 of the Revised
			 Code.
(3) Has the capability,
			 via electronic means, to send motor vehicle title and registration information,
			 as specified by the registrar, to the registrar and clerks of courts of common
			 pleas.
(B) Any eligible clerk of courts or
		  electronic motor vehicle dealer may submit a proposal to the registrar for
		  appointment as a limited authority deputy registrar or "LADR". From
		  the proposals submitted, the registrar, with the approval of the director,
		  shall choose the clerks and dealers to be appointed as LADRs. The selections
		  need not be on a competitive basis, but may be based upon the registrar's
		  discretion. In deciding whether to appoint a LADR the registrar shall consider
		  whether the appointment would make it economically infeasible for an existing
		  deputy registrar's office to continue to operate. The registrar may also
		  consider any other information the registrar deems relevant. Within thirty days
		  of submission of a proposal for appointment as a LADR, the registrar shall
		  provide written notification informing the applicant whether the proposal is
		  accepted or denied. If the proposal is denied, the written notification from
		  the registrar shall state the reason or reasons for the denial.
(C) A limited authority deputy registrar
		  or "LADR" may provide only the following services and only when the
		  services are rendered in conjunction with an application for a certificate of
		  title transaction pursuant to Chapter 4505. of the Revised Code:
(1) Using electronic
			 means, initial and transfer motor vehicle transactions.
(2) Using electronic
			 means, vehicle identification number (VIN) inspections.
(3) Essential services
			 and functions associated with motor vehicle registration transactions including
			 collecting certain charitable donations as required by statute, registering
			 persons to vote, to the extent required by the registrar.
(4) Issuing temporary
			 tags or window placards in compliance with the requirements set forth in the
			 Ohio Revised Code or prescribed by the registrar.
(D) A limited authority deputy registrar
		  or "LADR" shall sign a contract before assuming any duties as a LADR.
		  The contract terms and conditions may differ depending upon whether the limited
		  authority deputy registrar is a clerk of courts or an electronic motor vehicle
		  dealer. Among other provisions the registrar may reasonably prescribe, limited
		  authority deputy registrar contract terms and provisions shall provide
		  for:
(1) A requirement for a
			 contract period of no more than three years with a requirement for each
			 contract to terminate on a date specified by the registrar.
(2) A requirement for a
			 LADR to collect and retain the statutory fee set forth in each applicable
			 section of the Revised Code for each transaction or physical inspection that
			 the LADR conducts.
(3) A requirement for
			 compliance with laws, administrative rules, and regulations adopted by the
			 registrar governing LADRs.
(4) A requirement for
			 training of a LADR or the employees of a LADR prescribed by the registrar prior
			 to the opening of a LADR office.
(5) A requirement for
			 security as prescribed by the registrar as necessary to secure all BMV funds,
			 equipment, and inventory.
(6) A requirement for
			 LADR release of liability holding the registrar, director of public safety, the
			 bureau of motor vehicles, the department of public safety and the state of Ohio
			 harmless upon any claims for injuries or damages resulting from the operation
			 of LADR. The registrar may waive this requirement for any county auditor or
			 clerk of courts serving as a LADR.
(7) A requirement for
			 bonding as prescribed by the registrar for the entire period of the LADR
			 contract.
(8) A requirement that if
			 any computers, equipment, and inventory are assigned by the BMV, such
			 computers, equipment and inventory must be returned to the BMV upon the
			 termination of the contract or at the registrar's request. A requirement
			 for other office equipment and supplies for employees and customers that are
			 necessary for the operation of a LADR office to be provided by the
			 LADR.
(9) A requirement for the
			 LADR to comply with any requirements established by the registrar regarding
			 collection and handling of funds collected by the LADR on behalf of the
			 state.
(10) A requirement for a
			 LADR to adopt and enforce policies to prohibit sexual harassment and to provide
			 equal opportunity for employees and in providing service to the
			 public.
(11) A requirement for
			 records to be made available to BMV representatives for inspection and a
			 requirement for record retention for periods prescribed by the
			 registrar.
(12) A requirement for a
			 method of contract termination by a LADR or by the registrar.
(13) A requirement for a
			 method of contract amendment.
(14) A requirement for
			 good faith performance by a LADR and the registrar.
(15) A requirement for
			 severability of a LADR contract if any provisions are declared unconstitutional
			 or legally deficient in any respect.
(16) A prohibition
			 against assignment of a LADR contract unless the assignment is approved by the
			 registrar.