Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-5-75 - TITLE PROCEDURE › Section 810-5-75-.60 - Revocation Of Authority To Act As Designated Agent Or Title Service Provider

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 department may revoke the authority of a designated agent or title service
			 provider if the designated agent or title service provider fails to faithfully
			 perform the duties under Chapter 8 of Title 32 of the
Code of Ala.
			 1975
, or has been convicted of any felony as provided for in
			 §
								32-8-3,
Code of Ala. 1975
. A written notice shall be provided
			 by the department to the designated agent or title service provider detailing
			 the area or areas of alleged non-compliance. A response must be submitted to
			 the department within ten (10) calendar days from the date of the notice either
			 refuting the alleged non-compliance, or detailing the action taken to correct
			 the area or areas of non-compliance.
(2) Failure to satisfactorily respond will
			 result in the issuance of a revocation notice advising that access to the title
			 system is immediately suspended and that the authority to act as a designated
			 agent or title service provider will be revoked.
(3) The revocation notice will include notice
			 of the right to appeal the department's intended action pursuant to §
								40-2A-8,
Code of Ala. 1975
.
(4) Upon revocation, the designated agent
			 will be required to immediately deliver to the department monies collected and
			 due the department, title applications, and title documents used to support an
			 application for certificate of title processed by the designated agent The
			 department may call upon any law enforcement agency of the state to seize any
			 aforementioned items that the agent has not voluntarily returned as provided in
			 §
								32-8-10,
Code of Ala. 1975
.
(5) In the event that the designated agent is
			 a licensed motor vehicle dealer and the license is revoked, the licensee's
			 designated agent status will also be immediately revoked.
(6) An individual listed as a principal
			 officer of a previously revoked designated agent or title service provider, or
			 an employee or representative of a previously revoked designated agent or title
			 service provider whose actions contributed to the revocation may not become a
			 designated agent using a different company name or entity status. If the
			 department determines that a principal officer, employee, or representative of
			 a previous designated agent or title service provider, whose designated agent
			 status was revoked for failing to faithfully perform its duties, has made
			 application to be appointed as a designated agent or title service provider of
			 the department under a different company name, or entity status, the department
			 shall have grounds to deny the company's application.
Was previously
				  810-5-26-.02 and moved to 810-5-75-.60 as per certification filed April 21, 2010; effective
				  May 26, 2010.
Authors:
Mike Gamble, Jonathan Lawrence
Statutory Authority:
Code of Ala.
				  1975
, §§
										32-8-3,
				  40-2A-7(a)(5),
				  40-2A-8;
				  Chapter 8 of Title 32.
The
				amended version of this section by
				Alabama
				Administrative Monthly Volume XXXIX, Issue No. 11, August 31,
				2021, filed 8/20/2021 is not
				yet available.