Ohio Admin. Code 4501:1-1-15

Current through all regulations passed and filed through October 28, 2024

Section 4501:1-1-15 - Record retention policy for deputy registrars

(A) Pursuant to section 4501.021 of the Revised Code, the registrar of motor vehicles hereby determines the methods for collecting, recording, and maintaining the records of deputy registrars that pertain to driver's or commercial driver's licenses, identification cards, and vehicle registrations, including photographic or digitalized images, and electronic or digitalized signatures.

(B) All photographic or digitalized images and electronic or digitalized signatures shall be recorded and maintained electronically on a database maintained by the Ohio department of public safety (department) and bureau of motor vehicles (BMV) and shall be accessible to the deputy registrars by electronic devices furnished and maintained by the department and the BMV.

(C) Applications for driver's or commercial driver's licenses, identification cards, and vehicle registrations shall be recorded and maintained electronically on a database maintained by the department and the BMV and shall be accessible to the deputy registrars by electronic devices furnished and maintained by the department and the BMV. Electronic copies of said deputy registrar records and transactions are available on site through the deputy registrar electronic database system available at every deputy registrar office location. In addition, each deputy registrar shall retain paper copies of all records and transactions performed for the BMV as follows:

(1) Paper copies of motor vehicle registration applications, and supporting documents, shall be retained for a period of eighteen months from the date of the record or transaction, whichever is later;

(2) Paper copies of driver's or commercial driver's license applications, identification card applications, and all supporting documents, shall be retained for a period of four years from the date of the record or transaction, whichever is later;

(3) All other paper records shall be retained for a period of three years from the date of the record or transaction, whichever is later;

(4) The registrar shall establish a secure area in which each deputy registrar may retain and store all paper records in accordance with this policy;

(5) For the first six months of each retention period, all paper copies shall be securely stored on the premises at each deputy registrar's agency;

(6) After the first six months and through the end of the retention period, all paper copies shall be stored on the premises at each deputy registrar's agency or at the secure area established by the registrar for each respective deputy registrar. The paper copies shall be transferred from the premises at each deputy registrar's agency to the secure area established by the registrar by a means and on a schedule prescribed by the registrar. The secure storage area established by the registrar shall be utilized and deemed as the deputy registrar's annex storage space;

(7) At the end of the retention period, the registrar may dispose of all paper records pursuant to section 149.34 of the Revised Code;

(8) The disposal of the paper records shall not take place when the registrar has received notice that a court case or other legal action is pending involving such records;

(9) During the time the paper records are stored on the premises at a deputy registrar agency, they shall be available for public examination, but no person may make copies of the records for sale or distribution. After the paper records are transferred to the secure area provided by the registrar, they shall be available for inspection and copying only in compliance with all applicable statutes and rules governing bureau of motor vehicles records, including section 4501.27 of the Revised Code, commonly referred to as the Drivers Privacy Protection Act.

Replaces: 4501:1-1-15

Ohio Admin. Code 4501:1-1-15

Five Year Review (FYR) Dates: 8/11/2022 and 08/01/2027
Promulgated Under: 119.03
Statutory Authority: 4501.02, 4507.01
Rule Amplifies: 4507.50
Prior Effective Dates: 12/16/1976, 04/23/2006, 08/13/2007, 03/21/2011

Five Year Review (FYR) Dates: 01/19/2016 and 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 4501.02, 4507.01
Rule Amplifies: 4507.50
Prior Effective Dates: 12/16/76, 4/23/06, 8/13/07, 3/21/11