reglab/housing_qa huggingface dataset:
AR Code § 23-112-309 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 4 - Miscellaneous Regulated Industries|Chapter 112 - Arkansas Motor Vehicle Commission Act|Subchapter 3 - Licensing and Regulation|§ 23-112-309. Monetary penalty in lieu of suspension or revocation of license

 (a)  (1) If after alternative proceedings or notice and hearing the Arkansas Motor Vehicle Commission finds that any person holding a license under this chapter is guilty of any violation of this chapter or rules promulgated under this chapter, it shall have the power and authority to impose a monetary penalty upon the licensee in lieu of suspension or revocation of license.  (2) The commission shall have the power and authority to require the licensee to pay the monetary penalty with the sanction that the license may be suspended until the penalty is paid, which time shall not exceed ninety (90) days from entry of the commission's order or final order on appeal.  (3) The penalty in lieu of suspension or revocation may be imposed only if the commission formally finds that the public interest would not be impaired thereby and the payment of the penalty will achieve the desired disciplinary results.    (b)  (1) If the commission finds that there is sufficient cause upon which to base the revocation of a license, the amount of the monetary penalty in lieu of revocation shall not exceed ten thousand dollars ($10,000).  (2) If the commission finds that there is sufficient cause upon which to base the suspension of a license, the amount of the monetary penalty in lieu of suspension shall not be less than fifty dollars ($50.00) nor more than five hundred dollars ($500) per day for each day the license would otherwise be suspended. However, the amount of the penalty shall not exceed the aggregate of five thousand dollars ($5,000).    (c) No penalty shall be imposed if the license has been revoked by the commission for the violation.  (d) Each instance when this chapter or a regulation is violated shall constitute a separate violation.  (e) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the commission shall have the power to file suit in Pulaski County Circuit Court to obtain a judgment for the amount of penalty not paid.
AR Code § 23-112-312 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 4 - Miscellaneous Regulated Industries|Chapter 112 - Arkansas Motor Vehicle Commission Act|Subchapter 3 - Licensing and Regulation|§ 23-112-312. License reciprocity with other states

 (a) The Arkansas Motor Vehicle Commission may enter into reciprocal agreements with motor vehicle commissions or their equivalents in other states to allow motor vehicle dealers who are licensed in those states to obtain a temporary permit in this state, pursuant to the rules promulgated by the Arkansas Motor Vehicle Commission.  (b) Any person who is licensed under the laws of another state or territory of the United States to engage in business as a motor vehicle dealer may apply for a temporary permit in this state upon production of satisfactory proof that:  (1) The requirements for licensing in the particular state or territory were equivalent to the requirements in effect in this state at the date of the applicant's licensing;  (2) The applicant meets all the qualifications for the temporary permit and pays the fees specified for the permits pursuant to the rules of the Arkansas Motor Vehicle Commission; and  (3) The applicant meets other reasonable qualifications as may be adopted by the Arkansas Motor Vehicle Commission.
AR Code § 23-112-314 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 4 - Miscellaneous Regulated Industries|Chapter 112 - Arkansas Motor Vehicle Commission Act|Subchapter 3 - Licensing and Regulation|§ 23-112-314. Civil penalty — Definition

 (a) If after request for alternative proceedings or notice and hearing the Arkansas Motor Vehicle Commission finds that any person not holding a license under this chapter is guilty of any violation of this chapter or rules promulgated thereunder, the commission shall have the power and authority to impose a monetary penalty upon the person not to exceed one thousand dollars ($1,000) per violation.  (b) Each day of violation of this chapter or of a rule shall constitute a separate violation subjecting the person to a separate civil penalty.  (c) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the commission shall have the power to file suit in Pulaski County Circuit Court to obtain a judgment for the amount of the penalty not paid.  (d)  (1) Repeated violations by any person not holding a license under this chapter shall result in an increase in the penalty assessed by the commission.  (2) The terms “second” and “subsequent” violation as used in this section mean a violation of the same nature as a previously remedied violation that occurs within five (5) years of the remedied violation by any person not holding a license under this chapter.  (3) The commission shall have the power and authority to impose a penalty not to exceed two thousand five hundred dollars ($2,500) for a second violation, with the penalty increasing in increments of two thousand five hundred dollars ($2,500) for each subsequent violation.
AR Code § 23-112-316 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 4 - Miscellaneous Regulated Industries|Chapter 112 - Arkansas Motor Vehicle Commission Act|Subchapter 3 - Licensing and Regulation|§ 23-112-316. Delivery prior to sale — Disclosures — Definitions

 (a) As used in this section:  (1)  (A) “Contract for sale” means the final agreement between a new motor vehicle dealer and a consumer that:  (i) Includes all material terms of the sale of a motor vehicle; and  (ii) Is binding upon the seller, the buyer, and any necessary third-party financer.    (B) “Contract for sale” includes a financing agreement and all material financing terms if the motor vehicle is to be financed; and    (2) “Delivery prior to sale” means a delivery of a motor vehicle by a new motor vehicle dealer to a consumer prior to the completion and execution by both parties of a contract for sale.    (b) If a new motor vehicle dealer engages in a delivery prior to sale, then the new motor vehicle dealer shall provide the consumer with an agreement for delivery prior to sale at the time of delivery of the motor vehicle to the consumer.  (c)  (1) The agreement for delivery prior to sale shall be:  (A) Printed in at least 12-point type; and  (B) Signed by the consumer and the new motor vehicle dealer or the dealer's representative.    (2) The agreement for delivery prior to sale shall not be considered a contract for sale.    (d) The agreement for delivery prior to sale shall include all of the following terms:  (1) Unless the consumer is approved for financing and both parties have executed a contract for sale, then the new motor vehicle dealer shall not:  (A) Deposit or cash any down payment provided by the consumer; and  (B) Sell any motor vehicle that is presented by the consumer as a trade-in;    (2) The consumer retains the right to cancel the purchase of a motor vehicle if:  (A) The new motor vehicle dealer changes any terms; or  (B) The consumer fails to obtain financing that meets the agreed-upon interest rate;    (3) If a consumer who executes an agreement for delivery prior to sale chooses not to execute a contract for sale or otherwise cancels the purchase as provided under this section, then:  (A) The new motor vehicle dealer shall not:  (i) Impose any charge or penalty against the consumer; or  (ii) Deposit or cash any down payment provided by the consumer; and    (B) The new motor vehicle dealer shall immediately return any motor vehicle that was presented by the consumer as a trade-in; and    (4) If the consumer decides not to purchase the motor vehicle, the consumer shall return the motor vehicle to the new motor vehicle dealer within forty-eight (48) hours after the consumer notifies the dealer.    (e) If a consumer fails to return a motor vehicle pursuant to subdivision (d)(4) of this section, then the new motor vehicle dealer may recover the vehicle without the necessity of judicial process if the recovery is possible without committing an act of breaking or entering or breach of the peace.  (f) The Arkansas Motor Vehicle Commission shall promulgate rules to implement, enforce, and administer this section.
AR Code § 23-112-318 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 4 - Miscellaneous Regulated Industries|Chapter 112 - Arkansas Motor Vehicle Commission Act|Subchapter 3 - Licensing and Regulation|§ 23-112-318. Negative equity financing and disclosures permitted

 A new or used motor vehicle dealer or a new or used motor vehicle lessor is not required to be licensed by the State Bank Department in order to:   (1)  (A) Pay in connection with a credit sale transaction, any amount necessary to satisfy a lease, a security interest, or a lien upon a motor vehicle that is either returned or traded in to the new or used motor vehicle dealer or the new or used motor vehicle lessor by the purchaser of a new or used motor vehicle.  (B) The amount paid by the new or used motor vehicle dealer or by the new or used motor vehicle lessor may be included and disclosed as part of the credit sale transaction; or    (2)  (A) Pay in connection with a lease transaction, any amount necessary to satisfy a lease, a security interest, or a lien upon a motor vehicle that is either returned or traded in to the new or used motor vehicle dealer or the new or used motor vehicle lessor by the lessee of a new or used motor vehicle.  (B) The amount paid by the new or used motor vehicle dealer or by the new or used motor vehicle lessor may be included and disclosed as part of the amount to be paid by the lessee under the lease transaction.
AR Code § 23-112-402 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 4 - Miscellaneous Regulated Industries|Chapter 112 - Arkansas Motor Vehicle Commission Act|Subchapter 4 - Unlawful Practices|§ 23-112-402. Dealer and salesperson

 It shall be unlawful for a motor vehicle dealer or a motor vehicle salesperson:   (1) To require a purchaser of a motor vehicle, as a condition of sale and delivery thereof, to also purchase special features, appliances, equipment, parts, or accessories not desired or requested by the purchaser. However, this prohibition shall not apply as to special features, appliances, equipment, parts, or accessories which are already installed on the car when received by the dealer;  (2) To represent and sell as a new motor vehicle any motor vehicle which has been used and operated for demonstration purposes or which is otherwise a used motor vehicle; or  (3) To resort to or use any false or misleading advertisement in connection with his or her business as a motor vehicle dealer or motor vehicle salesperson.
AR Code § 23-112-404 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 4 - Miscellaneous Regulated Industries|Chapter 112 - Arkansas Motor Vehicle Commission Act|Subchapter 4 - Unlawful Practices|§ 23-112-404. Motor vehicle lessors

 It is unlawful for a motor vehicle lessor or any agent, employee, or representative thereof:   (1) To represent and to offer for sale or to sell as a new motor vehicle a motor vehicle that has been used or was intended to be used and operated for leasing or rental purposes or which is otherwise a used motor vehicle;  (2) To resort to, use, or employ any false, fraudulent, deceptive, or misleading advertising or representations in connection with the business of leasing or renting motor vehicles; or  (3) To sell or offer to sell a motor vehicle from an unlicensed location.
AR Code § 23-112-406 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 4 - Miscellaneous Regulated Industries|Chapter 112 - Arkansas Motor Vehicle Commission Act|Subchapter 4 - Unlawful Practices|§ 23-112-406. Acting as broker

 (a) Notwithstanding any other statute, a person may not act as, offer to act as, or hold himself or herself out to be a broker of new motor vehicles.  (b)  (1) To effectuate this chapter, “arranges or offers to arrange a transaction” means soliciting or referring buyers for new motor vehicles for a fee, commission, or other valuable consideration.  (2) “Arranges or offers to arrange a transaction” does not include advertising so long as the person's business primarily includes the business of broadcasting, printing, publishing, or advertising for others in their own names.    (c) Brokering New Motor Vehicles.  (1) A buyer referral service, program, plan, club, or any other entity that accepts fees for arranging a transaction involving the sale of a new motor vehicle is a broker. The payment of a fee to such an entity is aiding and abetting brokering. However, any service, plan, program, club, or other entity that forwards referrals to dealerships may lawfully operate if the following conditions are met:  (A) There are no exclusive market areas offered to dealers by the program and all dealers are allowed to participate on equal terms;  (B)  (i) Participation by dealers in the program is not restricted by conditions such as limiting the number of franchise lines or discrimination by size of dealership or location.  (ii) Total number of participants in the program may be restricted if the program is offered to all dealers at the same time with no regard to the franchise;    (C) All participants pay the same fee for participation in the program and that shall be a weekly, monthly, or annual fee, regardless of the size, location, or line make of the dealership;  (D) A person is not to be charged a fee on a per-referral basis or any other basis that could be considered a transaction-related fee;  (E) The program does not set or suggest to the dealer or customer any price of vehicles or trade-ins; and  (F) The program does not advertise or promote its plan in the manner that implies that the buyer, as a customer of that program, receives a special discounted price that cannot be obtained unless the customer is referred through that program.    (2) All programs must comply with Regulation 1 of the Rules of the Arkansas Motor Vehicle Commission.    (d) The provisions of this section do not apply to any person or entity which is exempt from this chapter.
AR Code § 23-112-501 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 4 - Miscellaneous Regulated Industries|Chapter 112 - Arkansas Motor Vehicle Commission Act|Subchapter 5 - Hearings and Appeals|§ 23-112-501. Right to hearing

 (a)  (1) The Arkansas Motor Vehicle Commission may deny an application for a license if the application is considered inadequate after the initial review by the Executive Director of the Arkansas Motor Vehicle Commission.  (2) Within thirty (30) days after the executive director denies an application under subdivision (a)(1) of this section, the affected applicant may protest the executive director's decision and request a hearing before the commission.    (b) The commission shall not:  (1) Revoke or suspend a license without first giving the licensee a hearing or an opportunity to be heard on the question of whether there are sufficient grounds under this chapter upon which to base the revocation or suspension; or  (2) Impose a civil penalty pursuant to §§ 23-112-314 and 23-112-1020 without first giving the respondent a hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
AR Code § 23-112-502 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 4 - Miscellaneous Regulated Industries|Chapter 112 - Arkansas Motor Vehicle Commission Act|Subchapter 5 - Hearings and Appeals|§ 23-112-502. Call for hearing

 (a) Any interested party may petition the Arkansas Motor Vehicle Commission to call a hearing for the purpose of taking action with respect to any matter within the commission's jurisdiction by filing with the commission a notarized complaint setting forth grounds upon which the complaint is based. Upon review of the complaint, the commission shall determine whether to call a hearing.  (b) On its own motion, the commission may call a hearing for the purpose of taking action in respect to any matter within its jurisdiction.
AR Code § 23-112-503 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 4 - Miscellaneous Regulated Industries|Chapter 112 - Arkansas Motor Vehicle Commission Act|Subchapter 5 - Hearings and Appeals|§ 23-112-503. Notice — Location of hearing

 (a) When a hearing is to be held before the Arkansas Motor Vehicle Commission, the commission shall give written notice to all parties whose rights may be affected thereby.  (b) The notice shall set forth the reason for the hearing, the questions or issues to be decided by the commission at the hearing, and the time and the place of the hearing.  (c) All notices shall be mailed to all parties whose rights may be affected by the hearing by registered or certified mail and addressed to their last known address.  (d) Any hearing shall be held in the county where the principal office of the commission is located unless both parties agree to an alternate location.
AR Code § 23-112-504 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 4 - Miscellaneous Regulated Industries|Chapter 112 - Arkansas Motor Vehicle Commission Act|Subchapter 5 - Hearings and Appeals|§ 23-112-504. Conduct of hearing

 All hearings shall be conducted pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
AR Code § 23-112-505 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 4 - Miscellaneous Regulated Industries|Chapter 112 - Arkansas Motor Vehicle Commission Act|Subchapter 5 - Hearings and Appeals|§ 23-112-505. Decisions and orders of commission — Quorum

 (a) All decisions of the Arkansas Motor Vehicle Commission with respect to the hearings provided for in this subchapter shall be incorporated into orders of the commission and spread upon its minutes.  (b) A majority of the members of the commission shall constitute a quorum for purposes of rendering an order, and no order will issue except upon the affirmative vote of a majority of the quorum of the members of the commission as established under § 23-112-201.
AR Code § 23-112-506 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 4 - Miscellaneous Regulated Industries|Chapter 112 - Arkansas Motor Vehicle Commission Act|Subchapter 5 - Hearings and Appeals|§ 23-112-506. Appeals

 Appeals shall be governed by the terms of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
AR Code § 23-112-507 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 4 - Miscellaneous Regulated Industries|Chapter 112 - Arkansas Motor Vehicle Commission Act|Subchapter 5 - Hearings and Appeals|§ 23-112-507. Exhaustion of remedies required — Exception

 No decision of the Arkansas Motor Vehicle Commission made as a result of a hearing under the provisions of this subchapter shall become final with respect to any party affected and aggrieved by the decision until the party has exhausted, or shall have had an opportunity to exhaust, all of his or her remedies provided for by this subchapter. However, any decision may be made final if the commission finds that failure to do so would be detrimental to the public interest or public welfare, but the finality of the decision shall not prevent any party affected and aggrieved thereby to appeal the decision in accordance with the appellate procedure set forth in this subchapter.
AR Code § 23-112-508 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 4 - Miscellaneous Regulated Industries|Chapter 112 - Arkansas Motor Vehicle Commission Act|Subchapter 5 - Hearings and Appeals|§ 23-112-508. Rules of order or procedure

 (a) The Arkansas Motor Vehicle Commission shall prescribe its rules of order or procedure in hearings, or other proceedings before it, under this chapter.  (b) However, rules of order or procedure shall not be in conflict or contrary to the provisions of this subchapter.
AR Code § 23-112-509 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 4 - Miscellaneous Regulated Industries|Chapter 112 - Arkansas Motor Vehicle Commission Act|Subchapter 5 - Hearings and Appeals|§ 23-112-509. Summons, citation, and subpoena

 (a) It shall be the duty of the sheriffs and constables of the counties of this state and of any employee of the Arkansas Motor Vehicle Commission, when so directed by the commission, to execute any summons, citation, or subpoena that the commission may cause to be issued and to make their return thereof to the commission.  (b)  (1) The sheriffs and constables serving and returning any summons, citation, or subpoena shall be paid the same fees as provided for the services in the circuit court.  (2) Any person other than an employee of the commission who appears before the commission in response to a summons, citation, or subpoena shall be paid the same witness fee and mileage allowance as witnesses in the circuit court.    (c)  (1) In case of failure or refusal on the part of any person to comply with any summons, citation, or subpoena issued and served as authorized, or in the case of the refusal of any person to testify or answer to any matter regarding that which he or she may be lawfully interrogated, or the refusal of any person to produce his or her record books and accounts relating to any matter regarding that which he or she may be lawfully interrogated, the circuit court of any county of the State of Arkansas, on application of the commission or of the Executive Director of the Arkansas Motor Vehicle Commission, may:  (A) Issue an attachment for the person; and  (B) Compel the person to:  (i) Comply with the summons, citation, or subpoena;  (ii) Attend before the commission or its designated employee;  (iii) Produce the documents specified in any subpoena duces tecum; and  (iv) Give his or her testimony upon such matters as he or she may be lawfully required.      (2) Any circuit court shall have the power to punish for contempt as in the case of disobedience of like process issued from or by any circuit court, or by refusal to testify therein in response to the process, and the person shall be taxed with the costs of the proceedings.