Ohio Admin. Code 4501:1-3-17 - Consent agreements
(A)
Any motor vehicle
dealer, motor vehicle leasing dealer, motor vehicle auction owner, construction
equipment auction owner, or motor vehicle distributor, hereinafter referred to
as "licensee", who has been notified by the secretary of the board of a hearing
to be held pursuant to Chapter 119. of the Revised Code for violations of
Chapter 4517. of the Revised Code and this chapter of the Administrative Code
may enter into a consent agreement with the board.
(B)
A consent
agreement shall be in writing and shall be submitted for authorization to the
board. The board shall accept, modify or reject said agreement.
(C)
No modifications
to such an agreement may become a final order without the agreement and consent
of the licensee. If the board rejects the proposed consent agreement terms, or
it modifies the consent agreement terms and the modification is not agreed to
by the licensee, therein after, the right to an administrative hearing and full
due process pursuant to Chapter 119. of the Revised Code shall be
granted.
(D)
A consent agreement shall not be effective until the
agreement is authorized by the board and signed by the licensee, licensee's
legal counsel, if applicable, and the president of the board.
(E)
A consent
agreement authorized by the board and signed by all parties pursuant to
paragraph (D) of this rule, relinquishes the licensee's privilege to an
administrative hearing and any appeal or right of consideration in the matter
pursuant to Chapters 119. and 4517. of the Revised Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 4517.32
Rule Amplifies: 4517.32, 4517.33
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