Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-5 - Informal Dispute Resolution Mechanisms for Settlement of New Motor Vehicle Warranty Disputes › Section 109:4-5-06 - Revocation of qualification

Current through all regulations passed and filed through July 1, 2024
(A) In the event that the attorney general
			 has probable cause to believe that a qualified or a provisionally qualified
			 board is operating in contravention of the requirements of the act, Chapter
			 109:4-4 of the Administrative Code or this chapter, or that such board or
			 sponsoring manufacturer has knowingly engaged in conduct which is designed,
			 intended, or has the effect of depriving consumers of access to fair and
			 expeditious resolution of disputes, written notification shall be sent to the
			 board, outlining the perceived deficiencies, fixing a time within which to
			 respond and identifying any additional information which may be required.
(B) Upon receipt of the qualified
			 or provisionally qualified board's reply, or expiration of the time fixed for
			 reply, the attorney general shall determine whether the approval granted should
			 be revoked, continued as before, or continued for a period contingent upon
			 compliance with such conditions as may be set forth in the decision. This
			 decision will be issued in the same manner as provided for in rule 109:4-5-03 of  the Administrative Code. Failure of the board to comply with conditions so stated shall result in the automatic revocation of approval, as of the date provided in such decision.
(C) Any consumer
			 injured by the operation of any procedure of a board which does not conform
			 with the requirements stated in the act, Chapter 109:4-4 of the Administrative
			 Code or this chapter, may request the attorney general to investigate the
			 manufacturer's or board's procedure(s) to determine whether its qualification
			 or provisional qualification shall be suspended or revoked. Such request shall
			 not constitute an appeal of the board's decision.
(D) Either upon application for qualification
			 or provisional qualification or upon a consumer's request for investigation, or
			 upon reasonable cause to believe that a qualified or provisionally qualified
			 board is operating in contravention of the requirements of the act, Chapter
			 109:4-4 of the Administrative Code or this chapter, the attorney general may
			 conduct any inquiry or investigation or evaluation of a manufacturer's informal
			 dispute settlement procedure and may hold hearings, issue subpoenas requiring
			 the attendance of witnesses and the production of records, documents or other
			 evidence in connection therewith, administer oaths, examine witnesses and
			 receive oral and documentary evidence.
(E) The attorney general may suspend or
			 revoke the qualification or provisional qualification of a manufacturer's
			 informal dispute settlement board, upon finding that the board is being used to
			 cause injury or create hardship to consumers, in accordance with the procedure
			 provided for in paragraphs (A) and (B) of this rule.
(F) After revocation of approval, a board may
			 reapply pursuant to the application procedures in this chapter.
R.C.
				119.032 review dates:
				03/17/2014 and
				03/16/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 1345.77
Rule
				Amplifies: 1345.77
Prior
				Effective Dates: 11/29/87