reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 1 - General Requirements › Section V-107 - Manufacturer Termination of Franchise Liquidation of New Vehicle Inventory; Warranty Work; Exception

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				  termination, cancellation, or nonrenewal of a licensee's franchise by the
				  manufacturer, distributor, or factory branch is the result of the termination,
				  elimination, or cessation of a motor vehicle or recreational product line (a
				  "vehicle"), whether by bankruptcy, closure of its business or otherwise (the
				  "termination"), the license issued by the commission many remain in effect or
				  be renewed at the discretion of the commission under the following
				  circumstances.
1. The vehicle(s) was acquired
				  in the ordinary course of business as a new vehicle by a person licensed to
				  sell that vehicle.
2. The
				  termination is not a result of the revocation by the commission of the
				  licensee's license or the licensee's conviction of a crime.
3. The vehicle is held in the inventory of
				  the licensee on the date of the termination.
4. The vehicle is sold by the licensee within
				  six months of the date the termination unless this period is extended upon
				  application by the licensee in the commission's discretion.
5. The commission's discretion to allow the
				  licensee to continue in effect does not entitle a licensee whose franchise
				  agreement has been terminated, canceled, or rejected to continue to perform
				  warranty service repairs or continue to be eligible to offer or receive
				  consumer or dealer incentives offered by the manufacturer, distributor, or
				  factory branch.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 1 - General Requirements › Section V-109 - Records Management; General

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Any public record maintained by the commission may be kept in any written,
				  photographic, microfilm, or other similar form or method, or may be kept by any
				  magnetic, electronic, optical, or similar form of data compilation that has
				  reasonable safeguards against erasure or alteration, including the use of
				  programs, methods, procedures and/or services that provide secured, portable
				  document formats and digital signatures, and for which the commission has
				  obtained the necessary licensees and/or authorities to insure reasonable
				  safeguards against erasure or alteration.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 1 - General Requirements › Section V-111 - Subpoenas

Current through Register Vol. 50, No. 6, June 20, 2024
A. The executive
				  secretary shall, as and when directed by the commission, issue such subpoenas
				  as the commission may designate to bring before the commission any person in
				  this state, to give testimony under oath, as well as for the purpose of
				  compelling production of records and papers, relative to matters to be
				  investigated, considered or heard by the commission.
AUTHORITY NOTE:
					 Adopted in accordance with
					 R.S.
					 32:1253.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 3 - Hearing Procedures › Section V-301 - Investigation and Adjudication by the Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission has the responsibility to
				  consider and determine the action necessary upon all charges of conduct which
				  fail to conform to
				  R.S.
				  32:1251 et seq., as re-enacted and amended,
				  or to the rules and regulations promulgated to carry out the provisions of this
				  Chapter or for the violation of any other law or rule or regulation relating to
				  the sale, lease or rental, distribution or financing of products, and any
				  activities regulated by the commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253(E).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 3 - Hearing Procedures › Section V-303 - Adjudication Process and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provisions of the Administrative
				  Procedure Act shall govern proceedings on questions of violation of
				  R.S.
				  32:1251 et seq., as re-enacted and amended.
				  An adjudication proceeding, including the formal hearing, is less formal than a
				  judicial proceeding. It is not subject to strict rules and technicalities, but
				  must be conducted in accordance with considerations of fair play and
				  constitutional requirements of due process.
B. The commission is empowered to conduct
				  investigations to determine compliance with the laws and rules and regulations
				  it administers. The executive director or its designee may issue a subpoena
				  prior to the filing of charges if, in the opinion of the executive director,
				  such a subpoena is necessary to investigate any potential violation or lack of
				  compliance with
				  R.S.
				  32:1251 et seq., or the rules, regulations,
				  or orders of the commission. The subpoena may be to compel the attendance of
				  any person to appear for the purposes of giving sworn testimony or to compel
				  the production of books, records, papers, or other objects.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253(E).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 3 - Hearing Procedures › Section V-305 - Formal Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commission has the authority to bring administrative proceedings with regard to
				  any licensee, applicant for a license, or any person engaged in activities
				  regulated by the commission, as well as to conduct administrative hearings with
				  regard to disputes between its licensees regarding the provisions of
				  R.S.
				  32:1251 et seq., and other laws and rules and
				  regulations administered by the commission. A person(s), who is a party to the
				  hearing, has the right to appear and be heard, either in person or by counsel;
				  the right of notice, a statement of what accusations have been made; the right
				  to present evidence and to cross-examine; and the right to have witnesses
				  subpoenaed.
B. Notice and Service
1. The executive director fixes a time and
				  place for a hearing.
2. Within 10
				  days from the time of receipt of the notice of hearing, the noticed party shall
				  file with the executive secretary of the commission an answer admitting or
				  denying separately and in good faith each statement of fact made in the notice.
				  If the noticed party has no knowledge of the truth of any particular fact, he
				  shall so state and it shall be taken as denied. Any fact not expressly denied,
				  or knowledge thereof disclaimed, shall be considered admitted. This rule is for
				  the purpose of preventing the loss of time and expense frequently occasioned in
				  proving and recording facts about which there is not real
				  controversy.
3. If the licensee, or
				  person subject to the hearing, does not appear, in person or through counsel,
				  after proper notice has been given, the person may be deemed to have waived his
				  right to appear and the commission may proceed with the hearing without the
				  presence of the person.
4. Informal
				  disposition of any case of adjudication may be made by stipulation, agreed
				  settlement, consent order or default.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 3 - Hearing Procedures › Section V-307 - Declaratory Orders and Rulings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The commission may issue a declaratory order and ruling pursuant to the
				  Administrative Procedure Act which has the same status as a commission decision
				  or order in an adjudicated case.
B.
				  A request for a declaratory order and ruling shall be made in the form of a
				  petition to the commission. The petition shall include, but shall not be
				  limited, to the following:
1. the name and
				  address of petitioner;
2. specific
				  reference to the statutes or rules and regulations to which it
				  relates;
3. a statement of the
				  manner in which the petitioner is aggrieved by the statue or rule or by its
				  potential application to it, or in which it is uncertain of its
				  effects;
4. a statement of whether
				  an oral hearing is desired;
5.
				  other information appropriate for the commission's deliberation on the
				  request.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 3 - Hearing Procedures › Section V-309 - Petition for Commission Review of Rule

Current through Register Vol. 50, No. 6, June 20, 2024
A. A request by an interested party for the
				  adoption, amendment or repeal of a rule pursuant to
				  R.S.
				  49:953(C) shall be made in
				  the form of a petition to the commission. The petition shall include, but shall
				  not be limited, to the following:
1. the name
				  and address of petitioner;
2.
				  specific reference to the statute or rules to which it relates;
3. a statement of the proposed action
				  requested;
4. a summary of the
				  content of the rule change proposed if for adoption or repeal; a summary of the
				  change in the rule if proposed for amendment;
5. the specific citation of the enabling
				  legislation purporting to authority the requested review;
6. a statement of the circumstances which
				  require the adoption, amendment or repeal of the rule; and
7. other information appropriate for the
				  commission's deliberation on the request.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 5 - Motor Vehicle Salesmen; Dealers; Distributors › Section V-501 - Licenses for Motor Vehicle Salesmen

Current through Register Vol. 50, No. 6, June 20, 2024
A. The requirement of licenses for motor
				  vehicle salesmen, as set forth in
				  R.S.
				  32:1251 et seq., includes any person whose
				  duties include, in whole or in part, the selling, financing, insuring, or
				  participating in the selling of motor vehicles or recreational
				  products.
AUTHORITY NOTE:
					 Adopted in accordance with
					 R.S.
					 32:1253(E).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 5 - Motor Vehicle Salesmen; Dealers; Distributors › Section V-503 - Unlicensed Motor Vehicle Salesmen

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is
				  illegal for licensees to employ unlicensed motor vehicle salesmen. A motor
				  vehicle salesman must possess a separate license for every licensee and
				  location for which he engages in any selling activity.
AUTHORITY NOTE:
					 Adopted in accordance with
					 R.S.
					 32:1253(E).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 5 - Motor Vehicle Salesmen; Dealers; Distributors › Section V-505 - Pocket License Card [Formerly Section 507]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every motor vehicle salesman, factory
				  representative, and distributor representative, when licensed, will be licensed
				  to represent his employer and must keep his pocket license card on his person,
				  and his employer must retain possession of the license certificate until
				  termination of such employment. Said motor vehicle salesman, factory
				  representative, or distributor representative may not represent another
				  employer without first being issued a license to represent the said particular
				  employer.
AUTHORITY NOTE:
					 Adopted in accordance with
					 R.S.
					 32:1256
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 5 - Motor Vehicle Salesmen; Dealers; Distributors › Section V-507 - Termination of Motor Vehicle Salesman; Return of Pocket Card and License [Formerly Section 509]

Current through Register Vol. 50, No. 6, June 20, 2024
A. All licenses
				  having motor vehicle salesmen in their employ must, upon termination of such
				  employment, report same to the commission and see to it that said motor vehicle
				  salesman's pocket card and license certificate are immediately returned to the
				  commission.
AUTHORITY NOTE:
					 Adopted in accordance with
					 R.S.
					 32:1253(E).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 5 - Motor Vehicle Salesmen; Dealers; Distributors › Section V-509 - Unlicensed Motor Vehicle Salesmen; Prohibition against Use of [Formerly Section 511]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Licensees shall
				  not employ or compensate unlicensed motor vehicle salesmen to sell vehicles,
				  and shall not employ or utilize the services of used motor vehicle lots or
				  dealers or other unlicensed "bird dogs" in connection with the sale of
				  vehicles.
AUTHORITY NOTE:
					 Adopted in accordance with R.S. 32:
					 1253(E).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 5 - Motor Vehicle Salesmen; Dealers; Distributors › Section V-511 - Display of License [Formerly Section 513]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every licensee must post his license
				  certificate as such in a prominent place in his place of business, stated in
				  such license certificate, and licensees having more than one place of business
				  in Louisiana must obtain a separate license for each place of business and post
				  in each place of business in a prominent place the license for such place of
				  business.
AUTHORITY NOTE:
					 Adopted in accordance with
					 R.S.
					 32:1253(E).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 5 - Motor Vehicle Salesmen; Dealers; Distributors › Section V-513 - License Prior to Shipment [Formerly Section 515]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A manufacturer, distributor, converter,
				  factory representative, or distributor representative shall not ship or sell
				  motor vehicles, recreational products, or specialty vehicles to a licensee
				  until the licensee shall have been licensed by the commission.
AUTHORITY NOTE:
					 Adopted in accordance with
					 R.S.
					 32:1253(E).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-701 - Advertising; Dealer Name

Current through Register Vol. 50, No. 6, June 20, 2024
A. Dealers
				  may advertise only under the name that appears on their franchise agreement and
				  dealer license issued by the Motor Vehicle Commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-703 - General Prohibition

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person
				  advertising vehicles shall not use false, deceptive, unfair, or misleading
				  advertising.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253(E).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-705 - Specific Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. The violation of
				  an advertising rule shall be considered by the commission as a prima facie
				  violation of
				  R.S.
				  32:1251 et seq. In addition to a violation of
				  a specific advertising rule, any other advertising or advertising practices
				  found by the commission to be false, deceptive, or misleading shall be deemed a
				  violation of
				  R.S.
				  32:1251 et seq., and shall also be considered
				  a violation of the general prohibition.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253(E).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-709 - Availability of Vehicles

Current through Register Vol. 50, No. 6, June 20, 2024
A. Motor
				  vehicle dealers and recreational products dealers may advertise a specific new
				  motor vehicle or new recreational product or line-make which they are licensed
				  to sell if:
1. the specific vehicle or line is
				  in their possession at the time the advertisement is placed, or the vehicle may
				  be obtained from the manufacturer or distributor, and this information is
				  clearly and conspicuously disclosed in the advertisement; and
2. the price advertisement sets forth the
				  number of vehicles available at the time the advertisement is placed or a
				  dealer can show he has available a reasonable expectable public demand based on
				  prior experience. In addition, if an advertisement pertains to only one
				  specific vehicle, then the advertisement must also disclose the vehicle's stock
				  number or vehicle identification number.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-711 - Accuracy

Current through Register Vol. 50, No. 6, June 20, 2024
A. All advertised
				  statements shall be accurate, clear and conspicuous.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-713 - Untrue Claims

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  following statements are prohibited, list not exclusive:
1. statements such as "write your own deal,"
				  "name your own price," "name your own monthly payments," "appraise your own
				  motor vehicle" or statements with similar meaning;
2.
a.
				  statements such as "everybody financed," "no credit rejected," "we finance
				  anyone," "guaranteed approval," and other similar statements representing or
				  implying that no prospective credit purchaser will be rejected because of his
				  inability to qualify for credit;
b.
				  statements such as "all credit applications accepted," or terms with similar
				  meaning are deemed deceptive and shall not be used;
3. statements representing that no other
				  person grants greater allowances for trade-ins, however stated, unless such is
				  the case;
4. statements
				  representing that because of its large sales volume a person is able to
				  purchase vehicles for less than another person selling the same make of
				  vehicles. Statements such as "big volume buying power," "manufacturer's
				  outlet," "factory authorized outlet," and "factory wholesale outlet," shall not
				  be used. Any term that gives the consumer the impression the dealer has a
				  special arrangement with the manufacturer or distributor as compared to
				  similarly situated dealers, is misleading and shall not be used;
5. "double rebates," "triple rebates" or any
				  other amount of rebates that are not truly offered by the manufacturer are
				  prohibited;
6. specific claims or
				  discount offers shall not be used in connection with any vehicle other than new
				  or a demonstrator and then only to show the difference between the dealer's own
				  current selling price and the bona fide manufacturer's suggested list price, if
				  an automobile, or manufacturer's suggested retail price, if a truck or
				  recreational product. Full explanation must be given, as for example, "Save or
				  discount $ from manufacturer's list/retail price." Such statements as "Up To,"
				  "As Much As," "From"-"To," etc., shall not be used in connection with savings
				  claims.
7. any claims such as
				  "first," "largest" and/or "biggest" may be advertised only when the licensee is
				  the "first," "largest" and/or "biggest" in retail sales for a calendar year.
				  The claim of "first," "largest" and/or "biggest" must be qualified as to
				  validity (using valid source data) and the time period of the claim with all
				  qualifying language to be in the same size print as the claim. Additionally,
				  the advertisement of the claim may only be utilized for the following calendar
				  year.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-715 - Layout

Current through Register Vol. 50, No. 6, June 20, 2024
A. The layout,
				  headlines, illustrations, or type size of a printed advertisement and the
				  broadcast words or pictures of radio/TV advertisements shall not convey or
				  permit an erroneous or misleading impression as to which vehicle or vehicles
				  are offered for sale or lease at featured prices. No advertised offer,
				  expression, or display of price, terms, down payment, trade-in allowance, cash
				  difference, savings, or other such material terms shall be misleading and any
				  necessary qualification shall be clearly, conspicuously, and accurately set
				  forth to prevent misunderstanding.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-717 - Manufacturer's Suggested Retail Price

Current through Register Vol. 50, No. 6, June 20, 2024
A. The suggested retail price of a new motor
				  vehicle when advertised by a manufacturer or distributor shall include all
				  costs and charges for the vehicle advertised, except that destination and
				  dealer preparation charges, state and local taxes, title, and license fees may
				  be excluded from such price, provided that the advertisement clearly and
				  conspicuously states that such costs and charges are excluded. With respect to
				  advertisements placed with local media in Louisiana by a manufacturer or
				  distributor which includes the names of the local dealers of the vehicles
				  advertised, if the price of a vehicle is stated in the advertisement, such
				  price must include all costs and charges for the vehicle advertised, including
				  destination and dealer preparation charges and may exclude only state and local
				  taxes, license, and title fees.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253(E).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-719 - Dealer Price Advertising

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  featured price of a new or used vehicle, when advertised, must be the full cash
				  price for which the vehicle will be sold to any and all members of the buying
				  public. The only charges that may be excluded from the advertised price are:
1. state and local taxes;
2. license;
3. title; and
4. notarial fees, convenience fees and
				  documentary fees.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-721 - Identification

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the price
				  of a vehicle is advertised, the following must be disclosed:
1. model year;
2. make;
3. model line and style or model designation;
				  and
4. whether the vehicle is a
				  used, demonstrator, or a factory executive/official vehicle.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-723 - Advertising at Cost or Invoice

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				  advertisement shall be run which uses the term or terms "invoice;" "cost;"
				  "percent over/under cost, invoice or profit;" "$$$ over/under cost, invoice or
				  profit."
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-725 - Trade-In Allowances

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				  guaranteed trade-in amount or range of amounts shall be featured in
				  advertising.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-727 - Used Vehicles

Current through Register Vol. 50, No. 6, June 20, 2024
A. A used
				  vehicle shall not be advertised in any manner that creates the impression that
				  it is new. A used vehicle shall be identified as either "used" or "pre-owned."
				  Terms such as program car, special purchase, factory repurchase, certified or
				  other similar terms are not sufficient to designate a vehicle as used, and
				  these vehicles must also be identified as "used" or "pre-owned."
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-729 - Demonstrators, Factory Executive/Official Vehicles

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a demonstrator or factory
				  executive/official vehicle is advertised, the advertisement must clearly and
				  conspicuously identify the vehicle as a demonstrator or factory
				  executive/official vehicle. A demonstrator or factory executive/official
				  vehicle may be sold only by a dealer franchised and licensed to sell that
				  line-make of vehicle.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253(E).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-731 - Auction

Current through Register Vol. 50, No. 6, June 20, 2024
A. Terms such as
				  "auction" or "auction special" and other terms of similar import shall be used
				  only in connection with a vehicle offered or sold at a bona fide
				  auction.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-733 - Free Offers

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				  merchandise or enticement may be described as "free" if the vehicle can be
				  purchased or leased for a lesser price without the merchandise or enticement of
				  if the price of the vehicle has been increased to cover the cost or any part of
				  the cost of the merchandise or enticement. The advertisement shall clearly and
				  conspicuously disclose the conditions under which the "free" offer may be
				  obtained.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-735 - Cash Offers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any cash
				  offer or anything that is convertible to cash funded by the dealer shall not be
				  used and is prohibited.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-737 - Authorized Dealer

Current through Register Vol. 50, No. 6, June 20, 2024
A. The term
				  "authorized dealer" or a similar term shall not be used unless the advertising
				  dealer holds both a franchise and a Louisiana Motor Vehicle Commission license
				  to sell those vehicles he is holding himself out as "authorized" to
				  sell.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-739 - Manufacturer and Distributor Rebates

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  It is unlawful for a manufacturer or distributor to advertise any offer of a
				  rebate, refund, discount, or other financial inducement or incentive, which is
				  either payable to or for the benefit of the purchaser or which reduces the
				  amount to be paid for the vehicle, whether the amount is the vehicle purchase
				  price, the interest or finance charge expense, or any other cost accruing to
				  the purchaser if any portion of such rebate, refund, discount, or other
				  financial incentive or inducement is paid or financed or in any manner
				  contributed to by the dealer selling the vehicle, unless the advertisement
				  discloses that the dealer's contribution may affect the final negotiated price
				  of the vehicle. With respect to interest or finance charge expense programs, an
				  advertisement shall disclose that participating dealers contribute to the
				  reduction of the financing rate and that the dealer's contribution may affect
				  the final negotiated price of the vehicle.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-741 - Rebate and Financing Rate Advertising by Dealers

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is unlawful for a dealer to advertise
				  an offer of a manufacturer's or distributor's rebate, discount, or other
				  financial inducement or incentive if the dealer contributes to the
				  manufacturer's or distributor's program unless such advertising discloses that
				  the dealer's contribution may affect the final negotiated price of the vehicle.
				  With respect to interest or finance charge expense programs, if a participating
				  dealer contributes to the reduction of a financing rate, then a disclosure must
				  state that the dealer's contribution may affect the final negotiated price of
				  the vehicle.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-743 - Lease Advertisements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Vehicle lease advertisements shall clearly and conspicuously disclose that the
				  advertisement is for the lease of a vehicle. Statements such as "alternative
				  financing plan," "drive away for $_______ per month," or other terms or phrases
				  that do not use the term "lease," do not constitute adequate disclosure of a
				  lease. Lease advertisements shall not contain the phrase "no down payment" or
				  words of similar import if any outlay of money is required to be paid by the
				  customer to lease the vehicle. Lease terms that are not available to the
				  general public shall not be included in advertisements directed at the general
				  public, or all limitations and qualifications applicable to qualified buyers to
				  the lease terms advertised shall be clearly and conspicuously
				  disclosed.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-745 - Manufacturer Sales; Wholesale Prices

Current through Register Vol. 50, No. 6, June 20, 2024
A. New vehicles shall not be advertised for
				  sale in any manner that creates the impression that they are being offered for
				  sale by the manufacturer or distributor of the vehicles. Advertisements by
				  persons shall not contain terms such as "factory sale," "fleet prices,"
				  "wholesale prices," "factory approved," "factory sponsored," or any other
				  similar terms which indicate sales other than retail sales from the
				  dealer.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-747 - Savings Claims; Discounts

Current through Register Vol. 50, No. 6, June 20, 2024
A. A savings
				  claim or discount offer is prohibited except to advertise a new or demonstrator
				  vehicle, and the advertisement must show the difference between the dealer's
				  selling price and the manufacturer's, distributor's, or converter's total
				  suggested list price or MSRP.
B.
				  The featured savings claim or discount offer for a vehicle, when advertised,
				  must be the savings claim or discount which is available to any and all members
				  of the buying public.
C. If a
				  dealer has added an option obtained from the manufacturer or distributor of the
				  vehicle on which it is installed and disclosed the option and factory suggested
				  retail price of the option on a dealership addendum sticker prior to offering
				  the vehicle for sale at retail, the dealer may advertise a savings claim on
				  that vehicle as long as the difference is shown between the dealer's selling
				  price and the total selling price as disclosed on the dealership addendum
				  sticker and discloses the factory-available options added in the advertisement.
				  If an option that is added by a dealer is not a factory-available option, a
				  savings claim may not be advertised on that vehicle.
D. Statements such as "up to," "as much as,"
				  "from," shall not be used in connection with savings or discount
				  claims.
E. No person may advertise
				  a savings claim or discount offer on used vehicles.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253(E).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-749 - Sales Payment Disclosures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. An advertisement that contains any one of
				  the following messages, statements, or terms:
a. the amount of a down payment, in either a
				  percentage or dollar amount;
b. the
				  amount of any payment, in either a percentage or dollar amount;
c. the number of payments;
d. the period of repayment; or
e. the amount of any finance
				  charge;
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-751 - Payment Disclosure- Lease

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  It is an unfair or deceptive act to advertise the offer of a "consumer lease"
				  if the advertisement contains any one of the following two "triggering terms":
				  amount of any payment or a statement of any capitalized cost reduction or other
				  payment required prior to or at consummation or by delivery, if delivery occurs
				  after consummation, without clearly and conspicuously disclosing:
1. that the transaction is a lease in close
				  proximity to and, where applicable, in the same decibel tone as, the amount of
				  the periodic payment;
2. the total
				  amount due prior to or at consummation or by delivery, if delivery occurs after
				  consummation;
3. the number,
				  amounts, and due dates or periods of scheduled payments under the
				  lease;
4. a statement of whether a
				  security deposit is required; and
5. a statement that an extra charge may be
				  imposed at the end of the lease term where the lessee's liability (if any) is
				  based on the difference between the residual value of the leased property and
				  its realized value at the end of the lease term.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-753 - Bait Advertisement

Current through Register Vol. 50, No. 6, June 20, 2024
A. "Bait"
				  advertisement, as defined in §707, shall not be used by any person.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-755 - Lowest Price Claims

Current through Register Vol. 50, No. 6, June 20, 2024
A. Representing
				  a lowest price claim, best price claim, best deal claim, or other similar
				  superlative claim shall not be used in advertising.
B. A person may not advertise a "meet or
				  beat" guarantee.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-757 - Fleet Prices

Current through Register Vol. 50, No. 6, June 20, 2024
A. Terms such
				  as "fleet prices," "fleet sales," "suppliers prices," or other terms implying
				  that retail individual customers will be afforded the same price and/or
				  discount as multi-purchase commercial businesses shall not be used in
				  advertising.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 7 - Advertising › Section V-759 - Bankruptcy/Liquidation Sale

Current through Register Vol. 50, No. 6, June 20, 2024
A. No licensee may
				  willfully misrepresent the ownership of a business for the purpose of holding a
				  liquidation sale, auction sale, or other sale which represents that the
				  business is going out-of-business. A person who advertises a liquidation sale,
				  auction sale, or going out-of-business sale shall state the correct name and
				  permanent address of the owner of the business in the advertisement. A person
				  may not conduct a sale advertised with the phrase "going out-of-business,"
				  "closing out," "shutting doors forever," "bankruptcy sale," "foreclosure," or
				  "bankruptcy," or similar phrases or words indicating that an enterprise is
				  ceasing business unless the business is closing its operations and follows the
				  procedures required by Chapter 1, Part II, Title 51, Trade and Commerce,
				  Louisiana Revised Statutes.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253.E.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 9 - Franchised Dealer Requirements › Section V-901 - Display Showroom Requirement [Formerly Section 1301]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Franchised new motor vehicle dealers must
				  have an enclosed new motor vehicle display showroom of not less than 400 square
				  feet in area, and must maintain an adequate stock of replacement parts, an
				  adequate shop area and adequate mechanical facilities for the proper servicing
				  of the motor vehicles which he sells.
B. Provided that low speed vehicles as
				  defined from time to time by the Office of Motor Vehicles and exclusive heavy
				  duty truck dealers are not required to maintain a display showroom as required
				  by this Section.
AUTHORITY NOTE:
					 Adopted in accordance with
					 R.S.
					 32:1253.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 11 - Vehicle Repairs and Services › Section V-1101 - Definitions [Formerly Section 1501]

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purpose of Chapter 11 only, the
				  following definitions shall apply.
Anticipated Repairs, Services, Labor, and
					 Parts
-those repairs, services, labor, and parts, which based on the
					 judgement, training, and experience of the supplier will be foreseeably
					 required in order to achieve the results desired by the consumer who requests
					 repairs and services.
Necessary Repairs, Services, Parts and
					 Labor
-those repairs, services, parts and labor which, in the judgement
					 of the supplier, are required to fully remedy or prevent a defect or
					 malfunction.
Original Estimate
-an approximation of the
					 cost of anticipated repairs and services to be performed by a supplier which
					 does not exceed the subsequent actual cost of such anticipated repairs and
					 services by more than 25 percent.
Supplier
-any new or unused vehicle dealer
					 who furnishes or supplies vehicle repairs and services, either directly or
					 through the employment of other mechanics or repairmen; provided, however, that
					 vehicle repairs and services performed on vehicles over 20,000 pounds, GVWR are
					 excluded for the purposes of Chapter 11.
AUTHORITY NOTE:
					 Adopted in accordance with
					 R.S.
					 32:1253.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 11 - Vehicle Repairs and Services › Section V-1103 - Unfair Acts and Practices [Formerly Section 1503]

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be an unfair act or practice, in
				  connection with a transaction involving motor vehicle repairs and services for
				  a supplier of such repairs and services to do any of the following:
1. if specifically requested by consumer,
				  when the anticipated repairs exceed $125, then to fail to provide in advance,
				  to a consumer seeking repairs and services, a written original estimate of the
				  cost to the consumer of all anticipated repairs and service, including any
				  charge for disassembly or reassembly of any parts disassembled for inspection
				  and any service charge of any type to be imposed:
a. such written estimate shall include, in
				  separate columns an itemized list of each anticipated repair to be performed,
				  the anticipated labor charge involved for each repair, and the cost to the
				  consumer of anticipated parts to be replaced;
b. the requirement of
				  §1103 shall be satisfied by the statement
				  of a flat rate price if such repairs and services are customarily done and
				  billed on a flat rate basis;
c.
				  notwithstanding anything herein to the contrary, if disassembly for inspection
				  is necessary to determine the extent of anticipated repairs before an original
				  estimate can be given, then any charge for such disassembly and/or reassembly
				  shall be disclosed in advance: provided further that the amount of the charge
				  referred to herein shall not be conditioned upon the consumer consenting to
				  performance of the inspection by the supplier who performs said
				  inspection;
d. a fair charge may be
				  made by the supplier for the service of preparing this written estimate; said
				  charge not to exceed $5 for an estimate up to $200 and not to exceed $10 for
				  estimate in excess of $200 if same is made on the premises of the supplier, and
				  notice of this charge must be posted as designated in
				  §1103. A 3;
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 11 - Vehicle Repairs and Services › Section V-1105 - Replaced Parts [Formerly Section 1505]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon request of the consumer at the time
				  the repair order is written, the supplier shall then tender to such consumer
				  any replaced parts at the time the job is delivered, unless the parts are to be
				  rebuilt or sold by the supplier, or if the part is a warranty part that must be
				  returned to the manufacturer, and such intended reuse or return is made known
				  to the consumer at the time of the request.
AUTHORITY NOTE:
					 Adopted in accordance with
					 R.S.
					 32:1253.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 13 - New Motor Vehicle Auto Shows; Offsite Displays › Section V-1301 - Authorization for Auto Show

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commission may authorize or prohibit motor vehicle sales and shows at offsite
				  locations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253(E).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 13 - New Motor Vehicle Auto Shows; Offsite Displays › Section V-1303 - Application for Show Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  organizer or promoter of a new motor vehicle auto show shall be required to
				  obtain a license from the commission and its request for a license shall
				  consist of the following:
1. the application
				  shall be on a form prescribed by the commission and shall require such
				  information as the commission deems necessary to enable it to determine the
				  qualifications and eligibility of the applicant;
2 a license fee of $500;
3. the license shall be for the new motor
				  vehicle auto show subject of the application.