(A) Definitions:
(1) "Registrant" means a serviceperson or
service agency which has been registered by the department.
(2) "Commercial weighing and measuring
device" means any weight, measure, or weighing or measuring device commercially
used or employed in establishing size, quantity, extent, area, or measurement
of quantities, things, produce, or articles for distribution or consumption
which are purchased, offered, or submitted for sale, hire, or award, or in
computing any basic charge or payment for services rendered, and shall also
include any accessory attached to or used in connection with a commercial
weighing or measuring device when such accessory is so designed or installed
that the
accessory's operation affects, or may affect, the accuracy of the
device.
(3) "Serviceperson" means
any individual who installs, services, repairs, places
into service, or reconditions, for hire, award, commission, or any other
payment of kind, a commercial weighing or measuring device.
(4) "Service
agency" means any individual, agency, firm, company, or corporation which for
hire, award, commission, or any other payment of kind, installs, services,
repairs, places into service, or reconditions a
commercial weighing or measuring device.
(5) "Certificate of registration"
means a document issued biennially by the department
based on payment of the appropriate fee, satisfactory completion of the
qualifying examination, and provided that applicant meets all
other applicable requirements of paragraph (D) of this rule.
(6) "Broken seal form" means the notification
form which includes descriptive information about a device and indicates that a
security seal has been broken which can be found on the department's website
www.agri.ohio.gov.
(7) "Install" means
to move a device to a new location or
to put
a device into commercial service for the first
time.
(8) "Rejected" means a device
that is not correct.
(9)
"Condemned" means a device that needs repair and cannot be used until
repaired.
(10) "Security seal"
means a uniquely identifiable physical seal, such as a lead-and-wire seal or
other type of locking seal, a pressure sensitive seal sufficiently permanent to
reveal the
security seal's removal, or similar apparatus attached to a weighing or
measuring device for protection against or indicating of access to adjustment,
or an audit trail that indicates access to the adjustment.
(11) "Department" means the Ohio department
of agriculture.
(B)
Applications:
(1) Applications by individuals
seeking a certificate of registration shall be submitted to the department
on forms prescribed
by the director which can be found at
www.agri.ohio.gov.
(2)
All valid and complete applications
will
include the following information:
(a) Present
residence;
(b) Location of business
to be licensed under this rule;
(c)
Whether the applicant has had any previous registration under this rule or any
federal, state, county or local law, ordinance or rule relating to
servicepersons and service agencies;
(d) Whether such applicant has ever had a
registration suspended or revoked;
(e) Whether the applicant has been convicted
of a felony; and
(f) Other
information as the department deems necessary to determine if the applicant is
qualified to receive a certificate of registration.
(C) Before any certificate of
registration is issued, the department will require the
applicant for registration to meet the following qualifications:
(1) Have available sufficient standards
and equipment appropriate in design
and adequate in amount to provide the services for which such person is
requesting registration. Such equipment will meet applicable
specifications of the "National Institute of
Standards and Technology Handbook 105 Series" handbooks
105-1 (2019 edition), 105-2 (2021 edition), 105-3 (2010 edition), 105-4 (2016
edition), 105-5 (1997 edition), 105-6 (1997 edition), 105-7 (1997 edition),
105-8 (2019 edition) or other suitable standards, and have current
calibration reports issued by an approved Ohio
laboratory as described in paragraphs (F) and (G) of this rule.
The "National
Institute of Standards and Technology Handbook 105 Series" documentary
standards can be found at
www.nist.gov.
(2) Passes a qualifying examination for each
type of weighing and measuring device to be installed, serviced, reconditioned,
or repaired. A non-refundable examination fee of
twenty - five dollars is
due at the time of applying for the qualifying
examination. A new application and examination fee is required
for every qualifying examination.
(3) Demonstrates a working knowledge of
weighing and measuring devices for which the applicant intends to be
registered.
(4) Has a working
knowledge of all appropriate Ohio weights and
measures laws, rules, and examination procedure outlines.
(5) Pays the prescribed registration fee for
the type of registration:
(a) The biennial fee
for a serviceperson certificate of registration is
seventy-five dollars.
(b) The
biennial fee for a service agency certificate of registration
is
two hundred dollars.
(D)
Each registered serviceperson shall
have approved report forms known as "Placed In Service Reports." Such forms
shall include the assigned registration number and be signed by the registered serviceperson for
each rejected device restored to service
and for each newly installed device placed in service.
(E) Within seven
days after a device is restored
to service or placed in service, the
original of a properly executed report form or "Placed In Service Report" shall be either
mailed or emailed to the department. For devices
restored to service following official rejection, the registered serviceperson
shall remove any official rejection tag attached to the restored
device.
(F)
All physical standards and
testing equipment that are used for servicing and testing weights and measures
devices for which competence is registered shall be submitted to the department
for initial and subsequent verification and calibration as least once every two
years. A registered serviceperson or agency shall not use, in servicing
commercial weighing or measuring devices, any standards or testing equipment
that have not been certified or approved by the
department.
(G)
In lieu of submission of
physical standards to the department, the department may accept calibration
and/or verification reports from any laboratory that is formally accredited or
recognized.
(H) Persons working as
apprentices are not subject to registration if the apprentice works with and under
the supervision of a registered serviceperson.
(I) The director
will:
(1) Have the right to review all report forms
for acceptance or rejection purposes.
(2) For good cause and after a hearing upon
reasonable notice, deny any application for a renewal of registration, or may
revoke or suspend the registration of any registrant.
(3) Publish from time to time as
the
director deems appropriate, and may supply upon request, lists of
registered servicepersons and registered service agencies.
(4) Assign registration numbers to
service agencies and servicepersons if
the service
agency or serviceperson is determined to be qualified.