Opinion

Geisert v. Ohio Motor Vehicle Dealers Board

  • 89 Ohio App. 3d 559
  • 626 N.E.2d 960
  • 1993 Ohio App. LEXIS 2651
Court
Ohio Court of Appeals
Filed
May 24, 1993
Status
Published
Author
Ford
On the bench
Christley, Nader, Ford
Cited by
6 cases

holding that R.C. 4517.33 allows the revocation of a dealer's license on the basis of a felony unrelated to the automobile sales business

How later courts described this case

  • holding that R.C. 4517.33 allows the revocation of a dealer's license on the basis of a felony unrelated to the automobile sales business

Written by the judges who cited it.

The opinion

Ford, Presiding Judge.

I concur in the foregoing opinion; however, I write separately because my decision is founded, in part, upon two additional factors.

First, Ohio Adm.Code 4501:1-3-09 became effective in 1986. Since that time, the legislature has not taken any steps indicating that it views such rule as conflicting with the statute, R.C. 4517.33. This, coupled with the rule of law, recognized by the majority, that an administrative agency’s interpretation of a statute is to be afforded great weight by the courts, leads me to a conclusion that the majority is reading the statute as the legislature intended.

Second, Ohio Adm.Code 4501:l-3-09(A) makes it clear that a dealer’s license shall not be renewed if the dealer commits a felony. Such section does not contain the modifying language “that in any way relates to the selling, taxing, licensing, or regulation of sales of motor vehicles.” Furthermore, division (A) applies only to a felony conviction not related to the selling, taxing, licensing or regulation of sales of motor vehicles if such conviction occurred after the rule’s effective date. Ohio Adm.Code 4501:l-3-09(B). Thus, prior to his felony conviction, appellee was on notice by virtue of this provision that it would lead to revocation of his dealer’s license, regardless of whether it related to the selling, etc., of motor vehicles.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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