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 109:4-5-01 - Authority, construction and purposes of rules severability; definitions

Universal Citation: OH Admin Code 109:4-5-01

Current through all regulations passed and filed through September 16, 2024

(A) Authority, rules of construction, purposes

(1) This chapter is adopted by the office of the attorney general of Ohio pursuant to division (A) of section 1345.77 and Chapter 119. of the Revised Code.

(2) Without limiting the scope of any section of the Revised Code or any other rule, this chapter shall be liberally construed and applied to promote their purposes and policies.

(3) The purposes and policies of this chapter are to:
(a) Define with reasonable specificity the process for the qualification of informal dispute settlement mechanisms for the resolution of new motor vehicle warranty disputes between the consumer and the manufacturer or its agents.

(b) Encourage the establishment and qualification of dispute resolution mechanisms for settlement of new motor vehicle warranty disputes.

(B) Severability

Each procedural rule and every part of each procedural rule is an independent rule and part of a rule, and the holding of any rule or part of a rule to be unconstitutional, void, or ineffective for any cause does not affect the validity or constitutionality of any other rule or part of a rule, and, to this end, each and every rule, paragraph, sentence, clause, phrase, or provision of this chapter is hereby declared severable.

(C) Definitions

(1) The definitions found in Chapter 109:4-4 of the Administrative Code shall also apply to this chapter.

(2) "Qualified board" means an organization, person or entity which conducts a dispute settlement process which has been reviewed by the attorney general and approved as having met the qualifications specified in Chapter 109:4-4 of the Administrative Code.

(3) "Provisionally qualified board" means an organization, persons, or entity which conducts a dispute settlement process which is not able to submit a complete application under the requirements of Rules 109:4-5-02 and 109:4-5-03 of the Administrative Code, and is granted a one-year approval under the terms of rule 109:4-5-04 of the Administrative Code.

Five Year Review (FYR) Dates: 9/12/2019 and 09/12/2024
Promulgated Under: 119.03
Statutory Authority: 1345.77
Rule Amplifies: 1345.77
Prior Effective Dates: 11/29/1987

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