(A) The registrar of motor vehicles may
designate one or more of the following persons to serve as a deputy registrar
in each county:
(1) The county auditor in any
county;
(2) The clerk of a court of
common pleas in any county having a population of forty thousand or less
according to the most recent federal decennial census;
(3) The clerk of a court of common pleas in
any county having a population greater than forty thousand but not more than
fifty thousand according to the most recent federal decennial census provided
that the clerk participates in, and is chosen through, the competitive
selection process in the same manner as any other person;
(4) An individual;
(5) A nonprofit corporation as defined in
division (C) of section
1702.01 of the Revised Code.
If the population of a county is forty thousand or less
according to the most recent federal decennial census and if the county auditor
or clerk of court is designated by the registrar as a deputy registrar, no
other person need be designated in the county to serve as a deputy registrar.
Notwithstanding the county population restrictions, if no eligible person
applies to act under contract as a deputy registrar in a county and the county
auditor is not designated as a deputy registrar, the registrar may ask the
clerk of court of common pleas to serve as a deputy registrar for that county.
The registrar may increase the number of deputy registrars in any county or
decrease the number of deputy registrars in any county which has more than one
deputy registrar subject to the provisions of division (A) of section
4503.03 of the Revised
Code.
(B) The
registrar shall not contract with any person to act as a deputy registrar if
the person or, where applicable, the person's spouse or a member of the
person's immediate family has made, within the current calendar year or any one
of the three previous calendar years, one or more contributions totaling in
excess of one hundred dollars to any person or entity included in division
(A)(2) of section 4503.033 of the Revised Code. As
used in this rule, "immediate family" has the same meaning as in division (D)
of section 102.01 of the Revised Code and
"entity" includes any political party and any continuing association as defined
in division (C)(4) of section
3517.01 of the Revised Code or
political action committee as defined in division (C)(8) of that section that
is primarily associated with that political party. For purposes of this
paragraph contributions to any continuing association or any political action
committee that is primarily associated with a political party shall be
aggregated with contributions to that political party. For the purpose of
enforcing this paragraph, the registrar shall require any person proposing to
become a deputy registrar to certify under oath that he or she has not made
prohibited contributions during the current calendar year nor any of the three
immediately preceding calendar years and will not make prohibited contributions
in any calendar year during which the deputy registrar contract is in effect.
For nonprofit corporations, the registrar shall require both the nonprofit
corporation itself, and its executive director or chief executive officer,
whichever will have primary responsibility for the operation of the agency, to
certify under oath that neither of them made any prohibited political
contributions. The registrar, with the approval of the director of public
safety, shall terminate the appointment and the contract of any deputy
registrar who is found to be in violation of this paragraph. The contribution
limitations contained in this paragraph do not apply to any county auditor or
clerk of courts.
(C) Neither the
registrar nor any person shall award a deputy registrar contract to a person,
or promise to do so, because that person pays an assessment or subscription to,
or makes a contribution to, any political party, the governor or the governor's
campaign committee, or any candidate for public office or the candidate's
campaign committee. Neither the registrar nor any person shall withhold a
deputy registrar contract from a person, or threaten to do so, because that
person fails to pay an assessment or subscription to, or fails to make a
contribution to, any political party, the governor or the governor's campaign
committee, or any candidate for public office or the candidate's campaign
committee.
(D) The registrar shall
not appoint nor contract with any person serving in an elective public office
either by election or appointment to act as a deputy registrar, other than a
county auditor or a clerk of courts acting in their official capacity except
that the registrar shall continue and may renew a contract with any deputy
registrar who, subsequent to being awarded a deputy registrar contract is
elected to an office of a political subdivision. As used in this paragraph
"elective public office" means any office which is customarily filled by the
vote of registered voters in a primary, general, or special election conducted
pursuant to Chapter 3501. of the Revised Code.
(E) No spouse of a deputy registrar shall be
appointed as a deputy registrar or operate a deputy registrar agency. No
parent, child, brother, or sister of a deputy registrar shall be appointed as a
deputy registrar or operate a deputy registrar agency if they are living in the
same household as the deputy registrar. The registrar may disqualify any person
from being awarded a deputy registrar contract if the deputy registrar or the
deputy registrar's spouse holds or the deputy registrar's parent, child,
brother, or sister lives in the same household and holds a deputy registrar
contract the term of which extends beyond the effective date of the proposed
contract.
(F) The registrar may
appoint and contract with qualified individuals and nonprofit corporations and
may designate county auditors and clerks of courts acting in their official
capacities to act as deputy registrars. The registrar shall not appoint or
contract with any person or entity other than a qualified individual, a
nonprofit corporation, or a county auditor or clerk of courts acting in his or
her official capacity to serve as a deputy registrar. Except as provided in
paragraph (G) of this rule, any attempt by an individual, nonprofit
corporation, county auditor, or clerk of courts to assign the deputy registrar
appointment or deputy registrar contract, in whole or in part, shall be
void.
(G) Except as provided in
paragraph (A)(3) of this rule, the registrar may, with the approval of the
director, designate a county auditor or clerk of courts acting in his or her
official capacity to act as a deputy registrar without using the competitive
award process set forth in this rule. Any appointment of a county auditor or
clerk of courts to serve as a deputy registrar shall be in their official
capacity only and shall terminate immediately upon the person's vacating of the
office. The registrar may designate a successor county auditor or a successor
clerk of courts as a deputy registrar. With the written approval of the
registrar, an outgoing county auditor may assign the deputy registrar contract
to the successor county auditor and an outgoing clerk of courts may assign the
deputy registrar contract to the successor clerk of courts.
(H) The registrar may, with the approval of
the director, appoint and contract with an eligible individual, nonprofit
corporation, clerk of courts, or county auditor to act as a deputy registrar on
an interim basis upon the death, resignation, or contract termination of any
deputy registrar or upon any other occurrence which, in the opinion of the
registrar, warrants the appointment of an interim deputy registrar. The length
of the interim deputy registrar appointment and contract shall be until the
next regularly scheduled request for proposals is released and contracts are
awarded thereunder, unless the registrar, in the registrar's discretion, first
issues a special request for proposals.
(I) The registrar, with the approval of the
director, may disqualify a deputy registrar from competing for a new deputy
registrar contract if in the opinion of the registrar that deputy registrar has
not performed the deputy registrar's duties in a satisfactory manner. Any such
disqualification shall be effective for a period of not more than two years as
determined by the registrar. The registrar shall base his or her determination
of the quality of each deputy registrar's performance upon periodic evaluations
and such other factors as the registrar may reasonably prescribe.
(J) The registrar may make deputy registrar
contracts subject to minority business set-asides to the extent permitted or
required by law.
(K) Except as
otherwise provided in this rule, the registrar shall, with the approval of the
director, select deputy registrars through the competitive award process set
forth in this rule.
(L) The
registrar, with the approval of the director, shall prescribe a request for
proposals for the selection of deputy registrars. The registrar, with the
approval of the director, may amend or modify the request for proposals as the
registrar deems appropriate.
(M)
The request for proposals for the selection of deputy registrars may include
the following requirements:
(1) That any
person appointed to act as a deputy registrar shall perform deputy registrar
services in compliance with all applicable provisions of the Revised Code, the
Administrative Code, and the deputy registrar contract;
(2) Such provisions relating to locating
deputy registrar agencies with, or in proximity to, driver's license
examination stations or clerk of courts' motor vehicle certificate of title
offices or both as the registrar deems appropriate;
(3) The locations of the deputy registrar
agencies which may be based on the following considerations:
(a) The number of estimated driver license
and vehicle registration transactions;
(b) The population of the county;
(c) A preference of the registrar to have a
deputy registrar agency in the county seat of each county;
(d) Where people live, recreate or generally
frequent;
(e) Other factors as
prescribed by the registrar;
(4) The site specifications for the various
deputy registrar agencies which may include the following:
(a) Location of the building;
(b) Minimum space requirements;
(c) Parking requirements;
(d) Accessibility for persons with
disabilities;
(e) Climate
control;
(f) Signs;
(g) A plan that ensures the safety of the
agency's employees and patrons;
(h)
Acceptable facility maintenance plan;
(i) Site security plan;
(j) Other factors as prescribed by the
registrar;
(5) Personnel
and management specifications, which may include:
(a) A plan for hiring of employees
experienced in the deputy registrar process;
(b) The payment of at least the federal
minimum wage to employees;
(c)
Compliance with all applicable state and federal laws which regulate employee
benefits, employer contributions, and withholding requirements;
(d) A personnel policy statement outlining
employee hiring, training, evaluating, disciplining and rewarding practices,
including equal employment opportunities;
(e) A statement of willingness to adhere to
office hours as prescribed by the registrar;
(f) A statement of the personal
qualifications and the business and employment experience of the
proposer;
(g) Other factors as
prescribed by the registrar;
(6) That the proposer shall submit the
proposer's name, home address, home and office telephone numbers, driver's
license or identification (ID) card number and the address of the proposed
site;
(7) That the proposer submit
information to establish that the proposer will adhere to all banking and
depository requirements prescribed by the registrar;
(8) That the proposer submit information to
establish that the proposer will comply with all applicable laws relative to
affirmative action for purpose of contracting services;
(9) That the proposer certify that no taxes,
unemployment compensation contributions, social security payments or workers'
compensation premiums due the state of Ohio or any other state or any political
subdivision thereof, or the federal government, are outstanding and unpaid as
of the date of the certification; taxes accrued, but not yet payable, may be
excluded from this certification;
(10) That the proposer submit a detailed
floor plan or other information sufficient to show how the proposed deputy
registrar agency will be configured;
(11) That all proposal documents be submitted
on eight and one-half inch by eleven inch paper printed on one side only and
conform to the format prescribed by the registrar;
(12) That the proposer submit a current
credit report covering the proposer's current credit status;
(13) That the proposer submit the required
documents and fees to permit the bureau of motor vehicles to obtain a
background and criminal record report from the bureau of criminal
investigation;
(14) That the
proposer submit a local law enforcement report as prescribed by the
registrar;
(15) That the proposer
have on deposit in a financial institution acceptable to the registrar funds in
the proposer's own name sufficient to pay the initial costs of opening and
operating the proposed deputy registrar agency for a period of at least three
months; and
(16) Any other
requirements prescribed by the registrar.
(N) Any proposal received by the bureau of
motor vehicles after the time established by the registrar for submission of
proposals shall not be evaluated and shall not be eligible for any
consideration.
(O) All proposals
timely received by the bureau of motor vehicles will be evaluated. Documents
which do not conform to the requirements of the request for proposals, are
nonresponsive to the request for proposals, contain political endorsements, or
contain any other improper information may be removed from the proposal and
will not be considered in the evaluation or final selection process. The
registrar shall prescribe points to be awarded for the various categories
contained in the request for proposals. The registrar and the director shall
designate persons to perform a preliminary evaluation of each proposal and to
compute scores in each category based upon the standardized point system
prescribed by the registrar. The registrar may cause a review of those scores
and corrections of any errors to be made. When this points evaluation is
completed, the score for each proposal shall be posted and notice of the scores
shall be sent to the proposer.
(P)
The registrar may give proposers an opportunity to review the proposals and the
scores. The registrar may also give the proposers an opportunity to submit a
written response and comments to the scores announced in the preliminary
evaluation. Any written response and comments shall be submitted on the form
and in the format prescribed by the registrar. The purpose of the written
response and comments shall be to bring to the registrar's attention any
alleged errors or discrepancies in the points evaluation process. No proposer
shall attempt to modify any proposal in any way after it has been submitted to
the bureau of motor vehicles, and any attempt to do so shall be void.
(Q) In making the final selection of deputy
registrars, the registrar may, with the approval of the director, assign any
employee of the department of public safety to assist them in the final
selection process and may:
(1) Consider the
scores computed by the evaluators to assist them in exercising their discretion
in selecting deputy registrars;
(2)
Correct any errors the registrar finds in the evaluations or
computations;
(3) Consider any
information submitted in any proposer's written response and
comments;
(4) Waive any defects in
a proposal which the registrar deems to be minor, inadvertent, or
immaterial;
(5) Disqualify any
proposal or proposer if the registrar finds that there is good cause to do so;
the registrar shall cause a notation to be made of the grounds for any
disqualification;
(6) Reject all
proposals for any given deputy registrar location; and
(7) Consider any reasonable factors which
bear upon the proposal and the proposer's ability to act as a deputy
registrar.
(R) As part
of the selection process in awarding a deputy registrar contract, the registrar
shall consider the customer service performance record
including periodic evaluation of any person previously
awarded a deputy registrar contract.
(S) The scores computed in the points
evaluation shall not be the sole deciding factor in awarding the deputy
registrar contract. The registrar, with the approval of the director, may
select a proposal which did not receive the highest point score if the
registrar determines that the proposal offers the deputy registrar and site
which would best serve the needs of the state of Ohio, the department of public
safety, the bureau of motor vehicles, and the citizens of Ohio.
(T) Unless otherwise limited in the request
for proposals, eligible persons may submit one or more proposals for any
location or for more than one location. In the case of multiple proposals by
one eligible person, the registrar, with the approval of the director, shall
have sole discretion in determining which, if any, proposal and location shall
be selected for the award of a contract.
(U) The registrar, with the approval of the
director, shall make a final determination as to which proposal offers the
deputy registrar and site which would best serve the needs of the state of
Ohio, the department of public safety, the bureau of motor vehicles, and the
citizens of Ohio. Once the decision of the registrar is approved by the
director, the registrar shall announce the selection of the successful proposer
and shall award the contract, provided that the proposer selected complies with
all the requirements of the Revised Code, the Administrative Code, and the
deputy registrar contract.
(V) No
deputy registrar appointment shall be final and no deputy registrar contract
shall be valid until the proposer makes provisions satisfactory to the
registrar to cure any deficiencies contained in the proposal; to meet any
contingencies reasonably prescribed by the registrar; and to come into full
compliance with all applicable provisions of the Revised Code, the
Administrative Code, and the deputy registrar contract, and the deputy
registrar contract is executed by the proposer and the registrar.
(W) A nonprofit corporation formed for the
purposes of providing automobile related services to its members or the public
and that provides such services from more than one location in this state may,
with the written approval of the registrar, operate a deputy registrar office
at any such location. The registrar may permit a clerk of courts who is
appointed a deputy registrar to offer deputy registrar services at each title
office operated by the clerk within the county.