Arkansas Administrative Code › Agency 130 - Arkansas State Police › Rule 130.00.99-002 - Used Motor Vehicle (car) Dealer Training Procedure

Current through Register Vol. 49, No. 6, June, 2024
MANDATORY EDUCATIONAL SEMINAR
Rules and Regulations
Rule
		  4. Mandatory Educational Seminar
4.1 All applicants for a license as a used
		  motor vehicle dealer, as described in Ark. Code Ann. Section
		  23-112-601
		  et seq. prior to obtaining a license, are required to attend a Department
		  approved educational seminar.
4.2
		  In order to be approved by the Department, a seminar must meet the following
		  criteria to the satisfaction of the Department:
A. The seminar must be sponsored by a
		  non-profit corporation, authorized to conduct business in Arkansas, that
		  develops and presents educational programs which enhance the knowledge and
		  competence of used motor vehicle dealers, their sales persons and service
		  personnel for the benefit of the public; and
B. The names of the individuals who will be
		  conducting the seminar must be submitted with the application for approval of
		  the seminar. Said individuals shall demonstrate knowledge of these rules and
		  general provisions by having at least one year of experience with the used
		  motor vehicle industry in Arkansas or a related area as determined by the
		  Department; and
C. The proposal for
		  approval of a seminar shall include a course outline, along with proposed
		  materials to be used in the instruction. The course outline must provide for,
		  at a minimum, instruction in each of the following areas:
1. requirements of Act 490 of 1993, as
		  amended, for obtaining a license as a used motor vehicle dealer;
2. overview of related state statutes,
		  regulations and Department rules;
3. laws concerning titles, tags and
		  taxes;
4. applicable laws and rules
		  concerning required record keeping;
5. The Deceptive Trade Practices Act,
		  including, but not limited to, advertising, unfair and deceptive sales
		  practices and odometer requirements;
6. such general discussion items as may be
		  determined by the Department to be of significance or concern.
D. The course of instruction of
		  the required seminar shall be no less than three (3) hours.
E. The course of instruction shall be
		  attended by a bona fide, full-time employee of the applicant used motor vehicle
		  dealership. The attendee shall attend the full time of the prescribed course.
		  Failure of the attendee to attend the full time of the prescribed course shall
		  cause the applicant's license to be delayed until such time as the course
		  requirement is fulfilled.
F. In the
		  event the employee attending the required course as a representative of the
		  licensee shall cease employment with the licensee company for any reason, the
		  licensee company shall within ten (10) days notify the Department. The licensee
		  shall then designate another bona fide, full-time employee who must complete
		  the mandatory course within 120 days of the date of such
		  notification.
4.3 The
		  corporation administering the mandatory course shall be certified by the
		  Department. Application for certification shall be on a form prescribed by the
		  Department, and shall include the following:
A. Names and addresses of all individuals who
		  will be utilized in any manner during the course of instruction; and
B. Names and addresses of all officers of the
		  corporation; and
C. Documentation
		  to demonstrate the experience and qualifications of all persons who will
		  instruct any portion of the mandatory course; and
D. A list of the times, dates and locations
		  of all courses to be taught, provided such list may be changed or updated if
		  notification of such change or updating is provided to the Department a minimum
		  of seven (7) days prior to the course being presented.
E. Such application shall be accompanied by
		  material prescribed in Rule
		  4.2(B) and Rule
		  4.2(C) of these
		  Rules and shall be in typewritten or computer generated form.
4.4 A corporation certified by the
		  Department to conduct the mandatory training course may utilize video equipment
		  for the presentation of portions of the course in lieu of live instructors,
		  provided that a copy of the video has been presented to the Department and the
		  Department has provided written approval of the contents; provided that when
		  such video is utilized, the certified corporation shall provide a proctor or
		  proctors to assure attendance of the applicants for licensing. Such manner for
		  proctoring shall be approved by the Department prior to implementation of the
		  use of video equipment as an alternative to live instructors.
4.5 A corporation certified by the Department
		  to conduct the mandatory training course shall, within five (5) days of the
		  completion of such course, provide to the Department on a form prescribed by
		  the Department a list of all persons completing the course and, in the case of
		  a renewal of license, the Department-assigned control number of the
		  licensee.
4.6 Failure of any
		  corporation certified by the Department, or any licensee, to fulfill the
		  requirements of this Rule shall result in suspension or revocation of the
		  certification of the corporation or the license of the licensee. Provided, the
		  corporation or licensee shall have the right to appeal such suspension or
		  revocation as provided in Rule
		  3 of these Rules.