Ohio Admin. Code 4501:1-3-02 - Used motor vehicle dealer training; curriculum and course provider requirements

[Comment: For dates and availability of material incorporated by reference in this rule, see rule 4501:1-3-38 of the Administrative Code.]

(A) The registrar shall issue a certificate of approval to an authorized course provider to administer the used motor vehicle dealers training course mandated by section 4517.05 of the Revised Code and rule 4501:1-3-01 of the Administrative Code. In order to be an authorized course provider, an entity must meet the following requirements:

(1) Either be an institution of higher learning as defined in section 3345.12 of the Revised Code or a professional or trade association that has been in existence for more than five years and has a majority of members who are motor vehicle dealers licensed in Ohio;

(2) Submit an application prescribed by the registrar, a "Training Course Provider Application," form "BMV 4326," (September, 2013), that includes a with a copy of the training course curriculum that meets the requirements of paragraph (B) of this rule;

(3) Meet all of the other requirements set forth in section 4517.05 of the Revised Code and this rule.

(B) The curriculum submitted for review in accordance with paragraph (A)(2) of this rule shall meet the following requirements:

(1) Consist of no less than a minimum of six hours classroom or equivalent online training;

(2) Include pages that are all consecutively numbered;

(3) Be organized into units or lessons and include a table of contents;

(4) Provide a curriculum that clearly sets forth the expectations of the course and is easy to navigate;

(5) Provide appropriate content-based exercises that actively engage the students in the learning process including, but not limited to, instructional methods such as videos, games, activities, or tests;

(6) Allow the applicant to review previously completed sections and resources included in the course curriculum;

(7) Ask content-based questions that are related to the lesson that is being completed.

Such questions must be of a sufficient complexity that they cannot be easily answered without having reviewed the course material. If a question is answered incorrectly, the provider must provide constructive feedback and the correct answer;

(8) Authorized course providers shall not include any content that promotes, sells, or offers goods, products or services in the training course curriculum;

(9) Address the following topics and subject matters:

(a) The used motor vehicle dealer requirements set forth in Chapter 4517. of the Revised Code and Chapter 4501:1-3 this chapter of the Administrative Code, including but not limited to, those pertaining to a dealer's established place of business;

(b) The duties and responsibilities of the motor vehicle dealers board as set forth in Chapter 4517. of the Revised Code and Chapter 4501:1-3 this chapter of the Administrative Code;

(c) Acts and omissions that may result in suspension or revocation of a used motor vehicle dealer's license as set forth in Chapter 4517. of the Revised Code and Chapter 4501:1-3 this chapter of the Administrative Code;

(d) The issuance of temporary licenses pursuant to section 4503.182 of the Revised Code;

(e) The duties and responsibilities in performing out of state inspections pursuant to section 4505.061 of the Revised Code;

(f) The registration requirements for manufacturers, dealers, and distributors pursuant to section 4503.27 of the Revised Code;

(g) The display and proper use of license plates issued to manufacturers, dealers, and distributors pursuant to section 4503.30 of the Revised Code;

(h) All applicable federal and state laws governing the sale and distribution of motor vehicles, including but not limited to, those pertaining to the titling of vehicles, the title defect rescission fund, sales tax, motor vehicle financing, document fees, retail agreements, repossession of motor vehicles, and consumer protection.

(C) Every authorized course provider must meet the following requirements with respect to the administration of the training course:

(1) Provide the training course at least once every ninety days at a date and time determined by the course provider;

(2) Provide written notification to the registrar and the motor vehicle dealers board on an annual basis and any changes as applicable of the date, time, location, length, content, and cost of each training course;

(3) Maintain records of attendance for each training course for a minimum of one year from the date of the course, and make such records available to the registrar and the motor vehicle dealers board upon request;

(4) Provide a certificate of completion to all individuals who successfully complete the training course that includes the following information:

(a) The name of the student;

(b) The name, address, and telephone number of the course provider;

(c) The course provider number provided by the registrar;

(d) Whether or not the student completed the training through a classroom course an online training course, or a combination of both;

(e) The length of the course;

(f) The start and completion dates of the training course attended by the student;

(g) A statement certifying that the student identified on the certificate of completion has successfully completed the program;

(h) The name and signature of the course instructor.

(D) In addition to the requirements set forth in paragraphs (A) to (C) of this rule, online training course providers must also meet the following requirements. For the purpose of this rule, "online training course" means a training course that is delivered by the internet, web-based media, or a combination of these methods:

(1) Require every student to register for the course by using an individual identification number that shall also be used to verify course participation and completion;

(2) Provide a means, such as a bulletin board, e-mail, or call center, for applicants to ask questions regarding the course curriculum.

(E) A template, model, or sample certificate of completion shall be submitted at application with the training course curriculum for the registrar's review and approval.

(F) If a certificate is lost or stolen after the completion of the training course, the applicant may obtain a new certificate from the provider that issued the initial certificate.

(G) A certificate of approval to an authorized course provider shall be subject to renewal biennially. The registrar reserves the right to decline or renew any prospective course provider, or disapprove any authorized course provider, that fails to meet requirements as set forth in this rule or section 4517.05 of the Revised Code.

Notes

Ohio Admin. Code 4501:1-3-02

Effective: 1/27/2018
Five Year Review (FYR) Dates: 11/6/2017 and 11/01/2022
Promulgated Under: 119.03
Statutory Authority: 4501.02, 4517.05, 4517.32
Rule Amplifies: 4517.05
Prior Effective Dates: 10/03/2014