Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-45 - Ignition Interlock Devices › Section 4501-45-05 - Denial, suspension or revocation of licensing or certification

Current through all regulations passed and filed through July 1,
			 2024
(A) The department
			 shall deny the application for licensing filed by a manufacturer of an ignition
			 interlock device, or certification filed by a
			 manufacturer of an immobilizing or disabling device, other than an ignition
			 interlock device, and the application for certification filed by a manufacturer
			 of an ignition interlock device if the manufacturer fails to comply with
			 all requirements set forth in sections
			 4510.43,
			 4510.45, and
			 4510.46 of the Revised Code, the
			 rules set forth in this chapter, and for any reason(s) set forth in this rule.
(B) The director shall
			 suspend or revoke the license and/or certification(s) granted to a manufacturer
			 of an ignition interlock device or immobilizing or
			 disabling device, or impose a fine not to exceed one thousand dollars if
			 the manufacturer fails to comply with all requirements set forth in sections
			 4510.43,
			 4510.45, and
			 4510.46 of the Revised Code, the
			 rules set forth in this chapter, and for any of the reasons set forth in this
			 rule. A suspension may be limited to prohibiting a manufacturer from installing
			 any new devices at specified installation sites during the suspension period.
(C) Reasons for denial,
			 suspension, revocation, or fine of a license or certification include, but are
			 not limited to the following:
(1) The
			 manufacturer filed an incomplete application for licensing, an incomplete
			 application for certification, and/or failed to file all documents required by
			 the application and the rules of this chapter;
(2) The application for licensing, and/or
			 application for certification, was not accompanied by the required application
			 fee at the time of filing;
(3) The
			 manufacturer provided incorrect or erroneous information in an application
			 filed with the department in order to obtain a license, in an application filed
			 with the director in order to obtain certification of an immobilizing or
			 disabling device, or in an application filed with the director in order to
			 obtain certification of an ignition interlock device;
(4) A manufacturer's owner(s), officers,
			 partners, agents, employees, contractors, or installers assisted or provided
			 information that would enable a person utilizing an ignition interlock device
			 or immobilizing or disabling device to circumvent or tamper with the certified
			 device installed in the person's motor vehicle;
(5) The manufacturer voluntarily requests, in
			 writing, that the director suspend or revoke its license or
			 certification(s);
(6) The
			 manufacturer modified any aspect of its certified ignition interlock device or
			 immobilizing or disabling device, and the director determines that the
			 manufacturer must file a new application for certification;
(7) The license application filed by the
			 manufacturer is a renewal application, and the manufacturer failed to file its
			 annual report and/or pay the total annual report fee as required by paragraph
			 (F) of rule
			 4501-45-03 of the Administrative
			 Code;
(8) The manufacturer failed
			 to timely pay all assessment(s) and/or penalties imposed by the director
			 pursuant to rules
			 4501-45-07 and
			 4501-45-08 of the Administrative
			 Code;
(9) A manufacturer failed to
			 comply with the requirements set forth in  paragraphs (C)(1) and (F)
									 of rule
			 4501-45-02 of the Administrative
			 Code, paragraph (J) of rule
			 4501-45-03 of the Administrative
			 Code, or paragraphs (C)(4) and (I) of rule
			 4501-45-04 of the Administrative
			 Code.
(10)
									Except as provided in paragraph (D) of this rule, the
			 manufacturer's agents, employees, contractors, or installers, who work in Ohio,
			 are convicted of, receive a judicial finding of guilt to, or plead guilty to
			 any of the following disqualifying offenses:
(a)
										Violent offenses:
			 section 2903.01 (aggravated murder),
			 2903.02 (murder), 2903.03 (voluntary manslaughter), 2903.04 (involuntary
			 manslaughter), 2903.041 (reckless homicide), 2903.05 (negligent homicide),
			 2903.11 (felonious assault), 2903.12 (aggravated assault), 2903.13 (assault),
			 2903.21 (aggravated menacing), 2903.211 (menacing by stalking), or 2909.24
			 (terrorism) of the Revised Code;
(b)
										Sexually-oriented
			 offenses: section 2907.02,
			 2907.03 (sexual battery),
			 2907.04 (unlawful sexual conduct with a minor), 2907.05 (gross sexual
			 imposition), 2907.06 (gross sexual imposition), 2907.07 (importuning), 2907.08
			 (voyeurism), 2907.09 (public indecency), 2907.19 (commercial sexual
			 exploitation of a minor), 2907.21 (compelling prostitution), 2907.22 (promoting
			 prostitution), 2907.23 (enticement or solicitation to patronize a prostitute;
			 procurement of a prostitute for another), 2907.231 (pandering obscenity
			 involving minor or impaired person), 2907.31 (disseminating matter harmful to
			 juveniles), 2907.311 (displaying matter harmful to juveniles), 2907.32
			 (pandering obscenity), 2907.321 (pandering obscenity involving minor or
			 impaired person), 2907.322 (pandering sexually oriented matter involving a
			 minor or impaired person), or 2907.323 (illegal use of a minor or impaired
			 person in nudity-oriented material or performance) of the Revised Code or a
			 violation of former section
			 2907.12 (felonious sexual
			 penetration) of the Revised Code;
(c)
										Child-related
			 violent offenses: section
			 2903.15 (permitting child
			 abuse), 2905.05 (criminal child enticement); 2919.22 (endangering children),
			 2919.24 (contributing to the unruliness or delinquency of a child) of the
			 Revised Code;
(d)
										Terrorism-related offenses: section
			 2909.22 (soliciting or providing
			 support for act of terrorism), 2909.23 (making a terroristic threat), 2909.24
			 (terrorism), 2909.26 (criminal possession of chemical, biological,
			 radiological, or nuclear weapon or explosive device), 2909.27 (criminal use of
			 chemical, biological, radiological, or nuclear weapon or explosive device),
			 2909.27 (illegal assembly or possession of chemicals or substances for
			 manufacture of prohibited weapons), and 2909.29 (money laundering) of the
			 Revised Code;
(e)
										Arson offenses: section
			 2909.02 (aggravated arson), and
			 2909.03 (arson) of the Revised Code;
(f)
										Vandalism and
			 related offenses: section
			 2909.05,
			 2909.06 (criminal damaging or
			 endangering), 2909.09 (vehicular vandalism) of the Revised
			 Code;
(g)
										Major motor vehicle offenses: section
			 4511.19 (operating a motor
			 vehicle under the influence), section
			 4511.194 (having physical
			 control of vehicle while under the influence), 2903.06 (aggravated vehicular
			 homicide, vehicular homicide, vehicular manslaughter), 2903.08 (aggravated
			 vehicular assault, vehicular assault) of the Revised Code;
(h)
										Theft-related
			 offenses: section 2911.01 (aggravated robbery);
			 2911.02 (robbery); 2911.11 (aggravated burglary); 2911.12 (burglary); 2911.13
			 (breaking and entering); 2921.13 (falsification- in theft offense - to purchase
			 firearm); 2921.41 (theft in office) of the Revised Code;
(i)
										Kidnapping as set
			 forth in section 2905.01 of the Revised
			 Code;
(j)
										Abduction as set forth in section
			 2905.02 of the Revised
			 Code;
(k)
										Trafficking in persons as set forth in section
			 2905.32 of the Revised
			 Code;
(l)
										Domestic violence as set forth in section
			 2919.25 of the Revised
			 Code;
(m)
										Perjury as set forth in section
			 2921.11 of the Revised
			 Code;
(n)
										Tampering with evidence as set forth in section
			 2921.12 of the Revised
			 Code;
(o)
										Obstructing justice as set forth in section
			 2921.32 of the Revised
			 Code;
(p)
										Aiding escape or resistance to lawful authority as set
			 forth in section 2921.35 of the Revised
			 Code;
(q)
										Illegal conveyance of weapons, drugs, or other
			 prohibited items onto grounds of detention facility or institution as set forth
			 in section 2921.36 of the Revised
			 Code;
(r)
										Impersonation of peace officer or private police
			 officer as set forth in section
			 2921.51 of the Revised
			 Code.
(s)
										Theft and fraud-related offenses: section
			 2911.01 (aggravated robbery);
			 2911.02 (robbery); 2911.11 (aggravated burglary); 2911.12 (burglary); 2911.13
			 (breaking and entering); 2913.02 (theft); 2913.11 (passing bad checks); 2913.30
			 (counterfeiting); 2913.31 (forgery - forging identification cards or selling or
			 distributing forged identification cards); 2913.49 (identity fraud); 2913.51
			 (receiving stolen property); 2921.13 (falsification- in theft offense - to
			 purchase firearm); 2921.41 (theft in office) of the Revised
			 Code.
(t)
										Drug-related offenses: section
			 2925.03 (trafficking, aggravated
			 trafficking in drugs); 2925.04 (illegal manufacture of drugs - illegal
			 cultivation of marijuana - methamphetamine offenses); 2925.041 (illegal
			 assembly or possession of chemicals for manufacture of drugs); 2925.11
			 (possession of controlled substances); 2925.12 (possessing drug abuse
			 instruments); 2925.13 (permitting drug abuse); 2925.14 (illegal use or
			 possession of drug paraphernalia); 2925.141 (illegal use or possession of
			 marijuana drug paraphernalia); 2925.22 (deception to obtain a dangerous drug);
			 2925.23 (illegal processing of drug documents); 2925.24 (tampering with drugs)
			 of the Revised Code.