Ohio Admin. Code 111:3-9-16 - Withdrawal of certification; procedure

At any time after the certification of equipment, the secretary of state may withdraw such certification if grounds are established under the following procedures:

(A) Written notice is given to the users and vendor of the grounds for possible withdrawal. Such notice shall include the following;

(1) The reason(s) for possible withdrawal of certification;

(2) The date upon which the certification may be withdrawn.

(B) The vendor has thirty days to respond to the notice of grounds for withdrawing certification. The vendor's response shall contain one or more of the following:

(1) A description of corrective measures taken;

(2) An explanation as to why enhancements of or adjustments are not significant;

(3) An explanation as to why there are no problems with the equipment.

(C) No later than fifteen days after receiving the vendor's response, the board of voting machine examiners may determine by a majority vote whether:

(1) The vendor's corrective measures are satisfactory;

(2) The explanations offered are satisfactory;

(3) Withdrawal of the certification is required.

(D) The board of voting machine examiners shall notify the vendor of it's its determination, and in the case of withdrawal of certification, the effective date as determined by the board. Such notice shall include the basis for the board's determination.

Notes

Ohio Admin. Code 111:3-9-16

Effective: 3/28/2022
Five Year Review (FYR) Dates: 1/10/2022 and 03/15/2027
Promulgated Under: 119.03
Statutory Authority: 3506.05(H)
Rule Amplifies: 3506.05(F) and (G)
Prior Effective Dates: 01/28/1995, 01/25/2016