Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.03 - RULES GOVERNING VEHICLE DEALER'S PRINCIPAL PLACE OF BUSINESS AND CLAIMS TO THE IDAHO CONSUMER ASSET RECOVERY FUND › Section 39.02.03.010 - DEFINITIONS

Current through August 31, 2023
01.
Vehicle Dealer File System
.
			 Books, records and files, necessary to conduct the business of a vehicle
			 dealership. In accordance with the Vehicle Dealer Act, records shall be
			 securely kept by the dealership in such order that they can be readily
			 inspected by a Department Investigator. Such records and files may be kept
			 electronically, as long as such records can be verified by the dealership as
			 true and correct copies of the original records. Physical records or files
			 retained by the dealership may be stored at an off-site location. The
			 dealership must notify the department 30 days in advance of the address of the
			 off-site location prior to moving such records. Records or files stored
			 off-site must be made available to the department within 3 business days upon
			 request. The files and records shall contain but are not limited to: (3-31-22)
a. Physical or electronic sales invoices for
			 current and two (2) preceding years; (3-31-22)
b. Physical or electronic copies of purchase
			 orders for vehicles purchased for current and two (2) preceding years;
			 (3-31-22)
c. Physical or electronic
			 copies of title application forms accessible in numerical order;
			 (3-31-22)
d. Written or electronic
			 records of vehicles bearing new or used dealers' number plates and their use by
			 a manufacturer, vehicle dealer, or full-time licensed salespersons searchable
			 by date, time or plate number; (3-31-22)
e. Written or electronic records for loaner
			 plates searchable by date, time or plate number; (3-31-22)
f. Copies or electronic records of Wholesale
			 Dealer Forms records showing, all transactions, as applicable searchable by
			 date or name of consignee; (3-31-22)
g. Physical or electronic odometer disclosure
			 records for non-exempt vehicles; and (3-31-22)
h. Physical or electronic records of
			 consignment agreements, as specified in Section
			 49-1636, Idaho Code.
			 (3-31-22)
i. All electronic records
			 must be created in a secure manner to prevent such records from being altered.
			 Electronic copies of records must be legible, complete, and an accurate
			 reproduction of the original business record. (3-31-22)
j. All electronic copies of records shall be
			 supplemented with a back-up copy of the electronic records, either retained
			 on-site or an off-site location, which permits the business record to be
			 retrieved within three (3) business days. (3-31-22)
k. Any device, server, network device, or any
			 internal or external storage medium which stores the electronic records must
			 have security access controls and physical security measures to protect the
			 records from unauthorized access, viewing, or alteration. (3-31-22)
l. Any dealer storing electronic or physical
			 records that contain personal information shall ensure that disposal of any
			 records be completed in a secure manner, by shredding, erasing, or otherwise
			 modifying the personal information to make it unreadable or undecipherable
			 through any means. (3-31-22)