What to Expect at the Ohio Motor Vehicle Dealer Board Hearing
What to expect at the Ohio Motor Vehicle Dealer Board hearing. Learn how to respond, what happens, and the importance of legal representation.Car dealers are governed by the Bureau of Motor Vehicles. This State agency issues licenses for dealership and salespersons and oversees the enforcement of those regulations. If a dealer or salesperson is denied a license or is found to have violated a regulation they will likely receive a Notice and Opportunity for a Hearing before the Motor Vehicle Dealer Board. What happens next? What is the dealer board? These are all questions our office receives and handles. We wanted to answer those below for any dealer or salesperson who may receive such a notice.
How to Respond: Requesting a Hearing
Receiving a Notice and Opportunity for a Hearing from the BMV can be stressful. However, it’s important to act quickly. You must request a hearing within 30 days of receiving the notice. Failing to do so means forfeiting your right to present any evidence before the Dealer Board.
Even if you don’t request a hearing, the Board will still review the case, but you won’t have the opportunity to present your side or dispute the evidence. This type of hearing, where you cannot provide testimony, is called a “Goldman hearing,” based on the
Goldman v. State Medical Board, 110 Ohio App. 3d. 124.
Understanding the Dealer Board
The Ohio Motor Vehicle Dealer Board is part of the BMV and consists of various industry members and public representatives, including:
- A used car dealer
- A new car dealer
- A leasing dealer
- An RV dealer
- A member of the public
- A representative from the BMV
This board conducts hearings and decides on actions that may be taken against dealers or salespeople.
What Happens at a Hearing?
During the hearing, the BMV will present its case, explaining why your license should be denied or revoked. The BMV is represented by an attorney from the Ohio Attorney General’s Office, who will call witnesses, present evidence, and make arguments.
If you’ve requested a hearing, you’ll have the opportunity to cross-examine the State’s witnesses, call your witnesses, and present your evidence. However, in a “Goldman” hearing, you cannot cross-examine witnesses or provide new evidence.
Potential Outcomes of the Hearing
After the hearing, the Dealer Board has several options, including:
- Doing nothing (no action)
- Issuing a public reprimand
- Suspending the license (typically for 1 day to 6 months, but there’s no upper limit)
- Revoking the license entirely
Do You Need an Attorney?
Maybe. A sole proprietorship is not required to have counsel, but you still can (we recommend it!). A Corporation or LLC need attorneys in order to present evidence. The reason an attorney is required for Corporation and LLCs are considered separate legal ‘people’ apart from the owners (its why LLCs/Corps protect your personal assets!). Anytime a person represents another person, it is considered the practice of law and only attorneys are allowed to practice law.
Conclusion: Don’t Navigate the Process Alone
If you’ve received a Notice and Opportunity for a Hearing from the Ohio Motor Vehicle Dealer Board, it’s important to take it seriously and act quickly. Whether you need legal representation or just have questions, our office is here to help. Attorney Harrison appears at these hearings 3-4 times a year (they are only held 5x year!), and we are ready to assist you.
