reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-112-101 — 23-112-107) › Section 23-112-106 - Enforcement

(a)
The Arkansas Motor Vehicle Commission may enter orders that direct and command compliance with this chapter and rules under this chapter if any of the following conditions have been met:
(1)
The commission has conducted a hearing within sixty (60) days on the matter;
(2)
The commission has made written findings that the public interest and welfare require the person or entity against whom the commission is acting to take the specified action; or
(3)
The commission finds that the current civil or administrative penalties are insufficient.
(b)
The commission may enforce its findings and conclusions upon entry of an order under subsection (a) of this section.
Amended by Act 2019, No. 315,§ 2828, eff. 7/24/2019.
Acts 2003 (2nd Ex. Sess.), No. 62, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 2 - ARKANSAS MOTOR VEHICLE COMMISSION (§§ 23-112-201 — 23-112-207) › Section 23-112-202 - Proceedings - Bond

(a)
The Arkansas Motor Vehicle Commission shall meet at Little Rock and complete its organization immediately after the entire membership thereof has been appointed and has qualified.
(b)
Before entering upon the discharge of the duties of his or her office, the Chair of the Arkansas Motor Vehicle Commission and each member of the commission shall take and subscribe to the oath of office prescribed by the Arkansas Constitution and shall file this oath in the office of the Secretary of State.
(c)
(1)
The commission shall purchase either a blanket position honesty or faithful performance bond from some surety company authorized to do business in this state. This bond shall be in the penal sum of ten thousand dollars ($10,000), made payable to the State of Arkansas, conditioned for the honest and faithful performance of the duties of the chair and each member of the commission and the Director of the Arkansas Motor Vehicle Commission, the bond to be approved by the Governor and filed in the office of the Secretary of State.
(2)
The commission shall keep the bond in force at all times from and after the date the commission is organized.
(d)
A majority of the commission shall constitute a quorum for the transaction of any business.
(e)
The commission shall adopt and use a common seal for the authentication of its records and orders.
(f)
The commission shall hold all of its regular monthly meetings in its office at Little Rock, but upon approval of a majority of its members, may hold special meetings and the hearings provided for under §§
23-112-501
-
23-112-509
at any time and place within the State of Arkansas.
Amended by Act 2019, No. 910,§ 5525, eff. 7/1/2019.
Acts 1975, No. 388, § 4; A.S.A. 1947, § 75-2304; Acts 1993, No. 383, § 2; 1995, No. 568, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 2 - ARKANSAS MOTOR VEHICLE COMMISSION (§§ 23-112-201 — 23-112-207) › Section 23-112-203 - Director of the Arkansas Motor Vehicle Commission

(a)
(1)
The Arkansas Motor Vehicle Commission in consultation with the Secretary of the Department of Labor and Licensing shall employ a qualified person to serve as Director of the Arkansas Motor Vehicle Commission, to serve at the pleasure of the commission, and shall fix his or her salary and shall define and prescribe the duties of the director.
(2)
The director shall be in charge of the office of the Arkansas Motor Vehicle Commission and shall devote such time to the duties thereof as may be necessary.
(3)
The duties of the director shall include, but shall not be limited to, the collection of all fees and charges under the provisions of this chapter, keeping a record of all proceedings of the commission, and keeping an accurate account of all moneys received and disbursed by the commission, all of which records shall be considered as public records.
(b)
The commission may employ in consultation with the secretary such clerical and professional help and incur such expenses as may be reasonably necessary for the proper discharge of its duties under this chapter.
(c)
Except as provided in this chapter, the commission shall maintain its office and transact its business at Little Rock.
Amended by Act 2019, No. 910,§ 5526, eff. 7/1/2019.
Acts 1975, No. 388, § 4; A.S.A. 1947, § 75-2304; Acts 1995, No. 568, § 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 2 - ARKANSAS MOTOR VEHICLE COMMISSION (§§ 23-112-201 — 23-112-207) › Section 23-112-204 - Rules

The Arkansas Motor Vehicle Commission shall have power to prescribe, issue, amend, and rescind, pursuant to the Arkansas Administrative Procedure Act, §
25-15-201
et seq., such reasonable rules as may be reasonably necessary or appropriate to carry out the provisions of this chapter.
Amended by Act 2019, No. 315,§ 2829, eff. 7/24/2019.
Acts 1975, No. 388, § 4; 1985, No. 1032, § 2; 1985, No. 1058, § 2; A.S.A. 1947, § 75-2304.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 2 - ARKANSAS MOTOR VEHICLE COMMISSION (§§ 23-112-201 — 23-112-207) › Section 23-112-205 - Disposition of funds

(a)
All funds received by the Arkansas Motor Vehicle Commission shall be deposited into the State Treasury as special revenues to the credit of a special fund to be known as the "Motor Vehicle Commission Fund".
(b)
All expenses incurred in the organization, maintenance, operation, and motor vehicle education and training of the commission shall be paid from the special fund, and the expenditure of all funds shall be subject to the General Accounting and Budgetary Procedures Law, §
19-4-101
et seq., the Arkansas Procurement Law, §
19-11-201
et seq., and other applicable fiscal laws.
(c)
The receipts and disbursements of the commission shall be audited annually by the Legislative Auditor.
Acts 1975, No. 388, § 4; A.S.A. 1947, § 75-2304; Acts 2007, No. 530, § 6.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 2 - ARKANSAS MOTOR VEHICLE COMMISSION (§§ 23-112-201 — 23-112-207) › Section 23-112-206 - [Repealed]

Repealed by Act 2013, No. 561,§ 3, eff. 8/16/2013.
Acts 2007, No. 530, § 5.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 3 - LICENSING AND REGULATION (§§ 23-112-301 — 23-112-319) › Section 23-112-303 - Application fees

(a)
All applications for licenses shall be accompanied by the appropriate fees in accordance with the schedule set out in this subchapter.
(b)
In the event any application is denied and the license applied for is not issued, the entire license fee shall be returned to the applicant.
(c)
The schedule of license fees to be charged and received by the Arkansas Motor Vehicle Commission for the licenses issued under this subchapter shall be as follows:
(1)
For each manufacturer, distributor, factory branch and division, or distributor branch and division, second-stage manufacturer, importer, and converter, nine hundred dollars ($900);
(2)
For each motor vehicle dealer or motor vehicle lessor, one hundred dollars ($100);
(3)
For each manufacturer, distributor, or factory representative, four hundred dollars ($400);
(4)
For each branch location, twenty-five dollars ($25.00); and
(5)
For each replacement certificate of license, ten dollars ($10.00).
(d)
(1)
A person, firm, or corporation required to be licensed under this subchapter that fails to make application for the license at the time required shall pay a penalty of fifty percent (50%) of the amount of the license fee for each thirty (30) days of default, in addition to the fees required to be paid under subsection (c) of this section.
(2)
The penalty under subdivision (d)(1) of this section may be waived, in whole or in part, within the discretion of the commission.
Amended by Act 2021, No. 504,§ 7, eff. 7/28/2021.
Acts 1975, No. 388, § 5; 1985, No. 1032, § 3; 1985, No. 1058, § 3; A.S.A. 1947, § 75-2305; Acts 1995, No. 568, § 6; 1997, No. 1154, § 14; 2001, No. 1053, § 4.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 3 - LICENSING AND REGULATION (§§ 23-112-301 — 23-112-319) › Section 23-112-304 - Issuance of license - Change of location - Change of business or corporate name, structure, or DBA name - Dealers, manufacturers, distributors, etc

(a)
The license issued to each motor vehicle dealer, manufacturer, distributor, factory branch or division, or distributor branch or division shall specify the location of the factory, office, branch, or division thereof.
(b)
In case the location is changed, the Arkansas Motor Vehicle Commission shall endorse the change of location on the license without charge if it is within the same county.
(c)
A change of location to another county shall require a new license.
(d)
Licensees shall notify the commission in writing of any change in the business or corporate name or structure and of any alternate name or names in which the company will do business, "DBA names", and shall provide the original issue license with the notification of name change or addition of DBA name or names. The commission shall endorse the change on the license without charge.
Acts 1975, No. 388, § 5; 1985, No. 1032, § 3; 1985, No. 1058, § 3; A.S.A. 1947, § 75-2305; Acts 1995, No. 568, § 7; 1997, No. 1154, § 10; 2001, No. 1053, § 5.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 3 - LICENSING AND REGULATION (§§ 23-112-301 — 23-112-319) › Section 23-112-305 - Display of license - Change of employer - Factory representative and distributor representative

(a)
Every motor vehicle factory representative or distributor representative shall have his or her license upon his or her person when engaged in his or her business and shall display the license upon request.
(b)
The name of the employer of the factory representative or distributor representative shall be stated on the license, and, in case of a change of employer, the holder of the license shall immediately mail the license to the Arkansas Motor Vehicle Commission for its endorsement of the change thereon.
Acts 1975, No. 388, § 5; 1985, No. 1032, § 3; 1985, No. 1058, § 3; A.S.A. 1947, § 75-2305; Acts 1995, No. 568, § 8; 2001, No. 1053, § 6.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 3 - LICENSING AND REGULATION (§§ 23-112-301 — 23-112-319) › Section 23-112-306 - [Repealed]

Repealed by Act 2021, No. 504,§ 8, eff. 7/28/2021.
Acts 1975, No. 388, § 5; 1985, No. 1032, § 3; 1985, No. 1058, § 3; A.S.A. 1947, § 75-2305; Acts 1995, No. 568, § 9; 2001, No. 1053, § 7.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 3 - LICENSING AND REGULATION (§§ 23-112-301 — 23-112-319) › Section 23-112-307 - Expiration of license

Unless the Arkansas Motor Vehicle Commission by rule provides to the contrary, all licenses issued to:
(1)
Manufacturers, distributors, factory or distributor branches, importers, second-stage manufacturers, converters, and their representatives expire June 30 following the date of issue; and
(2)
Motor vehicle dealers and motor vehicle lessors expire December 31 following the date of issue.
Amended by Act 2021, No. 504,§ 9, eff. 7/28/2021.
Acts 1975, No. 388, § 5; 1985, No. 1032, § 3; 1985, No. 1058, § 3; A.S.A. 1947, § 75-2305; Acts 1987, No. 620, § 2; 1995, No. 568, § 10; 2001, No. 1053, § 8; 2009, No. 756, § 8.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 3 - LICENSING AND REGULATION (§§ 23-112-301 — 23-112-319) › Section 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.
Amended by Act 2019, No. 315,§ 2832, eff. 7/24/2019.
Acts 1975, No. 388, § 6; 1985, No. 1032, § 5; 1985, No. 1058, § 5; A.S.A. 1947, § 75-2306; Acts 1999, No. 1042, § 4; 2001, No. 1053, § 10.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 3 - LICENSING AND REGULATION (§§ 23-112-301 — 23-112-319) › Section 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.
Acts 1997, No. 1154, § 1; 2007, No. 235, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 3 - LICENSING AND REGULATION (§§ 23-112-301 — 23-112-319) › Section 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.
Amended by Act 2019, No. 315,§ 2833, eff. 7/24/2019.
Acts 1999, No. 1042, § 8; 2001, No. 1053, § 13.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 3 - LICENSING AND REGULATION (§§ 23-112-301 — 23-112-319) › Section 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.
Acts 2007, No. 649, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 4 - UNLAWFUL PRACTICES (§§ 23-112-401 — 23-112-407) › Section 23-112-402 - Motor vehicle dealer

It is unlawful for a motor vehicle dealer:
(1)
(A)
To require a purchaser of a motor vehicle, as a condition of sale and delivery of the motor vehicle, to also purchase special features, appliances, equipment, parts, or accessories not desired or requested by the purchaser.
(B)
However, the prohibition under subdivision (1)(A) of this section does not apply to special features, appliances, equipment, parts, or accessories that are already installed on the motor vehicle when received by the motor vehicle dealer;
(2)
To represent and sell as a new motor vehicle any motor vehicle that is 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.
Amended by Act 2021, No. 1077,§ 7, eff. 7/28/2021.
Amended by Act 2021, No. 504,§ 11, eff. 7/28/2021.
Acts 1975, No. 388, § 5; A.S.A. 1947, § 75-2305; Acts 2001, No. 1053, § 15.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 4 - UNLAWFUL PRACTICES (§§ 23-112-401 — 23-112-407) › Section 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.
Acts 1975, No. 388, § 5; 1985, No. 1032, § 3; 1985, No. 1058, § 3; A.S.A. 1947, § 75-2305; Acts 2009, No. 756, § 16.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 4 - UNLAWFUL PRACTICES (§§ 23-112-401 — 23-112-407) › Section 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.
Acts 1975, No. 388, § 10; 1985, No. 1032, § 6; 1985, No. 1058, § 6; A.S.A. 1947, § 75-2310; Acts 2001, No. 1053, § 17; 2009, No. 756, § 17.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 5 - HEARINGS AND APPEALS (§§ 23-112-501 — 23-112-509) › Section 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.
Amended by Act 2013, No. 1043,§ 9, eff. 1/1/2014.
Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 1999, No. 1042, § 10; 2009, No. 756, § 18.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 5 - HEARINGS AND APPEALS (§§ 23-112-501 — 23-112-509) › Section 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.
Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 1989, No. 65, § 7; 1999, No. 1042, § 11.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 5 - HEARINGS AND APPEALS (§§ 23-112-501 — 23-112-509) › Section 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.
Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 2009, No. 756, § 19.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 5 - HEARINGS AND APPEALS (§§ 23-112-501 — 23-112-509) › Section 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.
Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 1999, No. 1042, § 12.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 5 - HEARINGS AND APPEALS (§§ 23-112-501 — 23-112-509) › Section 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
.
Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 1989, No. 678, § 2; 1995, No. 568, § 11.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 5 - HEARINGS AND APPEALS (§§ 23-112-501 — 23-112-509) › Section 23-112-506 - Appeals

Appeals shall be governed by the terms of the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 1993, No. 383, § 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 5 - HEARINGS AND APPEALS (§§ 23-112-501 — 23-112-509) › Section 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.
Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 5 - HEARINGS AND APPEALS (§§ 23-112-501 — 23-112-509) › Section 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.
Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 5 - HEARINGS AND APPEALS (§§ 23-112-501 — 23-112-509) › Section 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.
Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 2001, No. 1053, § 18; 2003, No. 1185, § 265; 2005, No. 1845, § 4.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 6 - USED MOTOR VEHICLE BUYERS PROTECTION (§§ 23-112-601 — 23-112-617) › Section 23-112-601 - Necessity for regulation - Legislative findings - Legislative declaration

(a)
The General Assembly declares that the public interest is affected by the sale and distribution of used motor vehicles, and it is recognized that a significant factor of the inducement in making a sale of a used motor vehicle to a member of the general public is the trust and confidence of the purchaser in the retail dealer from whom the purchase is made, with the expectancy that the dealer will remain in business to stand behind and provide service for the motor vehicle purchased.
(b)
It is therefore found to be necessary to license used motor vehicle dealers and to prohibit certain acts and set penalties for violations and perpetration of certain acts by used motor vehicle dealers who are not licensed as new motor vehicle dealers selling used cars incidental to their new motor vehicle dealership operations, salespersons, agents, representatives, and employees of used motor vehicle dealers in order to:
(1)
Prevent fraud, improper impositions, and other abuses upon the citizens of this state;
(2)
Protect and preserve the investments and properties of the citizens of this state; and
(3)
Foster and keep alive vigorous and healthy competition by prohibiting unfair practices by which fair and honest competition is destroyed or prevented.
Acts 1993, No. 490, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 6 - USED MOTOR VEHICLE BUYERS PROTECTION (§§ 23-112-601 — 23-112-617) › Section 23-112-604 - Powers generally

(a)
The Department of Arkansas State Police may promulgate rules that are necessary to implement, enforce, and administer this subchapter.
(b)
The department may cancel a dealer's license if the dealer:
(1)
Fails to keep and maintain the requirements of §
23-112-607(a) and (c)
; or
(2)
Pleads guilty or nolo contendere to or has been found guilty of a violation of §
23-112-605
.
Acts 1993, No. 490, § 13; 2011, No. 201, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 6 - USED MOTOR VEHICLE BUYERS PROTECTION (§§ 23-112-601 — 23-112-617) › Section 23-112-605 - Violations

It shall be a violation of this subchapter to knowingly or intentionally:
(1)
(A)
Sell a vehicle without a dealer's license.
(B)
The sale of each vehicle shall constitute a separate offense;
(2)
Commit a fraudulent act in selling, purchasing, or otherwise dealing in motor vehicles;
(3)
Fail to maintain the conditions and requirements necessary to qualify for the issuance of a license;
(4)
Sell, attempt to sell, or advertise for sale vehicles from a location other than that set forth on the dealer's license, except:
(A)
As a participating dealer in a state trade association promotion or exhibit;
(B)
With a special sale permit; or
(C)
At an auto auction;
(5)
Falsify, alter, or neglect to endorse or deliver a certificate of title to a transferee or lawful owner, or fail to properly designate a transferee on a document of assignment or certificate of title;
(6)
Knowingly purchase, sell, or otherwise acquire or dispose of a stolen motor vehicle;
(7)
Submit a false affidavit setting forth that a title has been lost or destroyed;
(8)
Pass title or reassign title as a dealer without a dealer's license or when his or her dealer's license has been suspended;
(9)
To represent oneself as a dealer or as a salesperson, either verbally or in any advertisement, when not licensed as such;
(10)
Violate any provision or requirement in this subchapter; or
(11)
Knowingly assist an unlicensed dealer in the sale of a motor vehicle.
Acts 1993, No. 490, § 11; 1995, No. 357, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 6 - USED MOTOR VEHICLE BUYERS PROTECTION (§§ 23-112-601 — 23-112-617) › Section 23-112-606 - License required

It shall be unlawful for any person to engage in business as a used motor vehicle dealer or to sell a vehicle not his or her own without obtaining a used motor vehicle dealer's license, except that a person defined as a salesperson in §
23-112-602
may act on behalf of the dealer by whom such a person is employed.
Acts 1993, No. 490, § 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 6 - USED MOTOR VEHICLE BUYERS PROTECTION (§§ 23-112-601 — 23-112-617) › Section 23-112-608 - License certificate fees

(a)
(1)
The fee for a license certificate shall be two hundred fifty dollars ($250) per year for each used motor vehicle dealer licensed.
(2)
(A)
The fee shall be for the licensing period beginning on January 1 of each year and ending on December 31 of each year and shall be renewable during the month of January following its expiration, unless the Department of Arkansas State Police provides by rule a staggered method of annual renewal.
(B)
(i)
If a license certificate has been expired for at least thirty-one (31) days but less than six (6) months, then the used motor vehicle dealer shall remit a late fee of thirty-five dollars ($35.00) before the used motor vehicle dealer's application shall be accepted.
(ii)
(a)
A license that is not renewed within six (6) months of its expiration date shall be deemed permanently expired.
(b)
If a used motor vehicle dealer's license has permanently expired, then the used motor vehicle dealer may reapply for licensure, provided that the used motor vehicle dealer completes an application for licensure and remits all fees pursuant to this section.
(3)
A dealer having more than one (1) location will receive an additional certificate for each second and subsequent location for one hundred twenty-five dollars ($125) each.
(b)
Only used motor vehicle dealers licensed under this section shall qualify for used motor vehicle dealer's license plates from the Department of Finance and Administration.
(c)
All fees for the issuance of a license certificate under the provisions of this section shall be remitted to the Department of Arkansas State Police and shall be deposited into the State Treasury as special revenues to the credit of the Department of Arkansas State Police Fund.
Acts 1993, No. 490, § 5; 2005, No. 1416, § 5.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 6 - USED MOTOR VEHICLE BUYERS PROTECTION (§§ 23-112-601 — 23-112-617) › Section 23-112-609 - Issuance of license certificate

Upon satisfactory submission and verification of a fully executed application as required by §
23-112-607(a) and (b)
, payment of the fee provided for by §
23-112-608
, and receipt of the corporate surety bond as required by §
23-112-607(c)
, the Department of Arkansas State Police shall issue the applicant a license certificate.
Acts 1993, No. 490, § 8.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 6 - USED MOTOR VEHICLE BUYERS PROTECTION (§§ 23-112-601 — 23-112-617) › Section 23-112-610 - Display of dealer's license

(a)
Each dealer licensed under this subchapter shall maintain for display, in a conspicuous place at the dealer's business location, the license certificate issued by the Department of Arkansas State Police.
(b)
(1)
Each dealer shall also have his or her used motor vehicle dealer's license name conspicuously displayed on all signage.
(2)
All printed advertisements shall contain the dealer's name or the words "AR DLR" with the Department of Arkansas State Police dealer's license number assigned to the dealer.
Acts 1993, No. 490, § 9; 1995, No. 357, § 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 6 - USED MOTOR VEHICLE BUYERS PROTECTION (§§ 23-112-601 — 23-112-617) › Section 23-112-611 - Records to be maintained

(a)
Every person required to have a license shall maintain, for three (3) years from the date of purchase, records of each vehicle transaction to which the person was a party.
(b)
Dealers shall maintain copies of all documents executed in conjunction with any transaction, which may include bills of sale, titles, odometer statements, invoices, affidavits of alteration, and reassignments, and shall be open to inspection to any Department of Arkansas State Police officer or designated employee of the department acting in an official capacity during reasonable business hours.
Acts 1993, No. 490, § 10; 1995, No. 357, § 4; 2011, No. 201, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 6 - USED MOTOR VEHICLE BUYERS PROTECTION (§§ 23-112-601 — 23-112-617) › Section 23-112-614 - Auto auction fees for salvage-titled or parts-only titled vehicles

(a)
A five-dollar ($5.00) fee shall be charged to the buyer of each item at an auto auction that is sold on a certificate of title that is labeled "salvage" or "parts-only".
(b)
The fee is special revenue and shall be deposited into the State Treasury.
(c)
The Treasurer of State shall transfer the special revenues received under this section on the last business day of each month as follows:
(1)
Fifty percent (50%) for the Division of Environmental Quality to be used for inspection and oversight of auto auctions to enforce all laws and rules administered by the Division of Environmental Quality; and
(2)
Fifty percent (50%) for the Division of Arkansas State Police to be used for inspection and oversight of auto auctions.
Amended by Act 2019, No. 910,§ 3244, eff. 7/1/2019.
Acts 2005, No. 1780, § 2; 2007, No. 827, § 191; 2009, No. 639, § 1; 2011, No. 265, § 2.