reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter A - Auto Title Companies › Section III-1511 - Change of Location or Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event a licensed auto title company
				  changes its business location, or any information provided on the original
				  application or subsequent renewal application changes, the company shall submit
				  an updated application (DPSMV 1968), an original bond change rider, and the
				  current original auto title company license.
B. Application for change of location must be
				  approved prior to the auto title company conducting business in the new
				  location.
C. An $8 handling fee
				  shall be assessed when a Public Tag Agent relocates and a new certificate is
				  issued or if a duplicate certificate is required.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 32:735(B) and
					 R.S.
					 32:412.1(C).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter A - Auto Title Companies › Section III-1513 - Change of Ownership

Current through Register Vol. 50, No. 6, June 20, 2024
A. As part of
				  its application for a license, an auto title company shall agree, in writing,
				  to the updating requirements of §1513
B. In the event there is a change in the
				  ownership of an applicant or a licensed auto title company, the applicant or
				  licensee, as the case may be, shall submit an updated application (DPSMV 1968),
				  an original bond change rider, and the current original auto title company
				  license, if issued. If the surety will not issue a bond rider, then a new bond
				  shall be submitted with the application. If a new bond is required, the old
				  bond shall not be canceled until the department approves the ownership change
				  and the new bond. In the event that the old bond is canceled, the surety on the
				  old bond shall remain liable for any claim against the old bond for any
				  transaction handled by the licensee during the effective dates of the old bond.
				  The bonding requirements of
				  §1513 may be altered by the department
				  if the department is satisfied that the state and its citizens are adequately
				  protected from any losses resulting from the acts or omissions attributable to
				  the licensee during the effective dates of the bond.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:735(B).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter A - Auto Title Companies › Section III-1515 - Inspections and Audits

Current through Register Vol. 50, No. 6, June 20, 2024
A. As part
				  of its application for a contract, an auto title company shall agree, in
				  writing, to the audit and inspection requirements of
				  §1515
B. During the normal working hours of the
				  department, or at any other time the licensee is open for business, employees
				  or agents of the department or of the Department of Revenue shall have the
				  right to inspect and audit any and all records or reports of the auto title
				  company. The records and reports shall be made available immediately on
				  request, unless the records or reports are currently in use, but no later than
				  by the close of business following the day the request for the records was
				  made. In lieu of submitting the original records and reports, the auto title
				  company may submit copies to the person requesting the records and reports, at
				  the auto title company's cost, if the person requesting the records and reports
				  is satisfied with the accuracy of the copies.
C. During the normal working hours of the
				  department, or at any other time the licensee is open for business, employees
				  or agents of the department or of the Department of Revenue shall have the
				  right to inspect the premises of any office of the licensee where auto title
				  business is conducted or where the records and reports of the auto title
				  company are kept.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 32:735(B).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter A - Auto Title Companies › Section III-1519 - Declaratory Orders and Rulings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Any person desiring a ruling on the applicability of any statute, or the
				  applicability or validity of any rule to the regulation of auto title companies
				  shall submit a written petition to the assistant secretary. The written
				  petition shall cite all constitutional provisions, statutes, ordinances, cases,
				  and rules which are relevant to the issue presented or which the person wishes
				  the assistant secretary to consider prior to rendering an order or ruling in
				  connection with the petition. The petition shall be typed, printed, or written
				  legibly and signed by the person seeking the ruling or order. The petition
				  shall also contain the person's full printed name, the complete physical and
				  mailing address of the person, and a daytime telephone number.
B. The assistant secretary may request the
				  submission of legal memoranda to be considered in rendering any order or
				  ruling. The assistant secretary or his designee shall base the order or ruling
				  on the documents submitted, including the petition and legal memoranda. If the
				  assistant secretary or his designee determines that the submission of evidence
				  is necessary for a ruling, the matter may be referred to a hearing officer
				  prior to the rendering of the order or ruling for the taking of such
				  evidence.
C. Notice of the order or
				  ruling shall be sent to the person submitting the petition, as well as the
				  persons receiving notice of the petition, at the mailing addresses provided in
				  connection with the petition.
D.
				  The assistant secretary may decline to render an order or ruling if the person
				  submitting the petition has failed to comply with any requirement in
				  §1519
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:735(B) and
					 R.S.
					 49:962.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter A - Auto Title Companies › Section III-1521 - Insufficient Funds Checks

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any auto
				  title company which has submitted more than one payment, whether in the form of
				  an electronic ACH, debit, paper draft, or check to the department which have
				  been returned because of insufficient funds in the account a shall be required
				  to use a cashier's check, certified check, or money order to pay taxes and fees
				  when submitting any transaction to the department.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 32:735(B) and
					 R.S.
					 49:962.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter A - Auto Title Companies › Section III-1523 - Administrative Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any request
				  for an administrative hearing must be submitted in writing to the Department of
				  Public Safety and Corrections, Office of Motor Vehicles, Hearing Request, at
				  Box 64886, Baton Rouge, LA 70896-4886, or hand delivered to the Office of Motor
				  Vehicle Headquarters in Baton Rouge, LA. Any request for an administrative
				  hearing must be received by the department within 30 days of the date the
				  notice of suspension, revocation, cancellation, denial, or other action, was
				  mailed, or hand delivered, as the case may be.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:375(B).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter A - Auto Title Companies › Section III-1525 - Third Party Checks Prohibited

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The department will not accept a check by a third party on behalf of an
				  applicant for title and/or registration unless the check is submitted by an
				  attorney, notary, motor vehicle dealer, insurance company transferring title to
				  a wrecked vehicle, lending institution, financial institution regulated by
				  state or federal authorities, or a duly licensed auto title company.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:375(B).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter A - Auto Title Companies › Section III-1527 - Name, Trade Name, Advertisements, and Other Signage of Auto Title Companies

Current through Register Vol. 50, No. 6, June 20, 2024
A. Since auto title
				  companies may charge convenience fees and may offer services not available at
				  an Office of Motor Vehicles field office, no auto title companies shall display
				  any sign which may mislead the public into believing that the auto title
				  company's office or business establishment is a field office of the Office of
				  Motor Vehicles.
B. No auto title
				  company shall display any sign, logo, business name, or trade name, or cause to
				  be advertised any sign, logo, business name, or trade name which includes the
				  words "office of motor vehicles," "motor vehicle office," or "motor vehicles
				  office," or any similar phrases, unless the sign, logo, business name, trade
				  name, or advertisement clearly and prominently includes a statement indicating
				  the business's status as an auto title company.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 32:735(B).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter B - Public Tag Agents › Section III-1551 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in
				  Chapter 15, Subchapter B, the following terms have the meanings described
				  below.
Commissioner
-Deputy Secretary of the
					 Department of Public Safety and Corrections, Public Safety Services.
Department
-Department of Public Safety and
					 Corrections, Office of Motor Vehicles.
Driver Privacy Protection Act
-the federal
					 Driver Privacy Protection Act of 1994 (DPPA) (Title XXX of
					 P.L.
					 103-322),  18 U.S.C. §
												2721  et seq., as
					 implemented by the department in the
Louisiana Administrative
					 Code
, Title 55, Part III, Chapter 5, Subchapter B.
Personal Information
-information which
					 includes the full name, complete physical address, and date of birth, driver's
					 license number, and Social Security number.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter B - Public Tag Agents › Section III-1553 - Authority; Businesses and Governmental Entities

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S.
				  47:532.1 authorizes the commissioner to
				  establish a system of public tag agents authorized to collect the registration
				  license taxes, as well as applicable sales and use taxes, and issue
				  registration certificates and license plates to motor vehicles. An agent may be
				  either a municipal or parish governing authority, a new motor vehicle dealer or
				  his agent, or an auto title company. Public tag agents shall also be authorized
				  to receive and process applications filed for certificates of title, duplicate
				  certificates of titles, corrected certificates of title, recordation of liens,
				  mortgages, or security interests against motor vehicles, conversions of plates,
				  transfers of plates, replacements of lost or stolen plates and/or stickers,
				  renewals of registration, duplicate registrations, and additional applications
				  or transactions authorized by the commissioner.
B. The commissioner and a public tag agent,
				  other than municipal and parish governing authority, shall enter into a
				  contract which shall state the required procedures for the implementation of
				  authorized activities. See
				  §1569 for a copy of the
				  contract.
C. With the exception of
				  the requirements for a surety bond, all rules and regulations as well as all
				  contractual provisions shall apply to municipal and parish governing
				  authorities acting as public tag agents.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter B - Public Tag Agents › Section III-1555 - Convenience Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. Public tag
				  agents may collect a convenience in addition to any other fee or tax collected
				  when processing a transaction for the department. The convenience fee shall not
				  exceed $10, and shall be retained by the public tag agent.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter B - Public Tag Agents › Section III-1557 - Administrative Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. The assistant secretary or his designee
				  may suspend, revoke, cancel, or terminate the public tag agent's contract upon
				  a violation by the agent or any agent's officers, directors, employees, owners,
				  or other representatives of any responsibility or requirement established
				  pursuant to the contractual agreement. LAC 55:III.Chapter 15.Subchapter B, or
				  R.S.
				  47:532.1. In lieu of any of the previously
				  listed actions, the deputy secretary may take other administrative action for
				  such a violation including but not limited to the imposition of a fine or other
				  sanction.
2. Additionally, the
				  assistant secretary or his designee may suspend, revoke, cancel, or terminate
				  the status of any person who is an employee, officer, director, or other
				  representative of the public tag agent upon a violation of any responsibility
				  or requirement established pursuant to the contractual agreement. LAC
				  55:III.Chapter 15. Subchapter B, or
				  R.S.
				  47:532.1. It shall be the responsibility of
				  the public tag agent to insure that all employees, officers, directors, or
				  other representatives of the public tag agent are familiar with these
				  responsibilities and requirements.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter B - Public Tag Agents › Section III-1559 - Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Those persons
				  interested in becoming a public tag agent may inquire at the following address:
Attention: Planning and Coordination
Office of Motor Vehicles
Post Office Box 64886
Baton Rouge, LA 70896
B. No person shall act as a public tag agent
				  until after submitting an application to the department on the approved form,
				  and after the application has been approved by the department.
C. No person shall act as an employee,
				  officer, director, or other representative of a public tag agent until after
				  the person submits an application to the department on the approved form, and
				  after the application has been approved by the department.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter B - Public Tag Agents › Section III-1563 - Name, Trade Name, Advertisements, and Other Signage of Public Tag Agents

Current through Register Vol. 50, No. 6, June 20, 2024
A. No public tag
				  agent shall display any sign, logo, business name, or trade name, or cause to
				  be advertised any sign, logo, business name, or trade name which includes the
				  words "office of motor vehicles," "motor vehicle office," or "motor vehicles
				  office," or any similar phrases, unless the sign, logo, business name, trade
				  name, or advertisement clearly and prominently includes a statement indicating
				  the business's status as a public tag agent.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter B - Public Tag Agents › Section III-1565 - Driver Privacy Protection Act

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every applicant for a driver's license,
				  certificate of title, or for a new or renewed vehicle registration at a public
				  tag agent's place of business shall be given the opportunity to prohibit the
				  disclosure of personal information as defined in LAC 55, Part III, Chapter 5,
				  §553, Subchapter B, by completing the department's approved form, and
				  submitting the form to the public tag agent. The public tag agent shall forward
				  the properly completed form to the department. The public tag agent shall
				  advise the person submitting the form that any form which is incomplete or
				  which is illegible shall not be processed and shall not be returned.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter B - Public Tag Agents › Section III-1567 - Bond Requirement

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  public tag agents other than municipal and parish governing authorities shall
				  furnish security for the faithful performance of their duties as follows.
1. Each public tag agent other than a
				  municipal governing authority shall execute a good and sufficient surety bond
				  with a surety company qualified to do business in Louisiana as surety, in a sum
				  of not less than $10,000 nor more than $100,000, if surety bond is available
				  for purchase, which bond shall name the Department of Public Safety and
				  Corrections, Office of Motor Vehicles as obligee and shall be subject to the
				  condition that, if such public tag agent shall, throughout the entire term of
				  the bond, timely file with the office of motor vehicles all applications
				  delivered to such public tag agent for filing, and all fees and taxes collected
				  by such public tag agent, the obligation shall be void. If the company does not
				  do so, the obligation of the surety shall remain in full force and effect. A
				  public tag agent having multiple locations need furnish only a single $10,000
				  surety bond in addition to any other bonds required by law.
2. The surety bond furnished pursuant to
				  §1567 shall be delivered to and filed
				  with the Department of Public Safety and Corrections, Office of Motor
				  Vehicles.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter B - Public Tag Agents › Section III-1569 - Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				  and public tag agents other than municipal and parish governing authorities may
				  enter into contracts which shall state the required procedures for the
				  implementation of LAC 55, Part III, Chapter 15, Subchapter B. Such contracts
				  may terminate upon violation of
				  R.S.
				  47:532.1, LAC 55, Part III, Chapter 15,
				  Subchapter B, or the provisions of the contract between the department and the
				  public tag agent foregoing provisions.
B. The contract between the department and
				  the public tag agent shall be on the form approved by the assistant secretary.
				  The department may require that a public tag agent sign separate contracts to
				  perform the following functions:
1.
				  processing title work and issuing of registration certificates and permanent
				  license plates;
2. conducting
				  testing for, and in the issuance of, class "D" and "E" driver's
				  licenses;
3. processing the filing
				  of electronic liens;
4. processing
				  the reinstatement of driver's licenses and providing status
				  information.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter B - Public Tag Agents › Section III-1571 - Declaratory Orders and Rulings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Any person desiring a ruling on the applicability of any statute, or the
				  applicability or validity of any rule in LAC 55, Part III, Chapter 15,
				  Subchapter B, regarding public tag agents, shall submit a written petition to
				  the deputy secretary. The written petition shall cite all constitutional
				  provisions, statutes, ordinances, cases, and rules which are relevant to the
				  issue presented or which the person wishes the deputy secretary to consider
				  prior to rendering an order or ruling in connection with the petition. The
				  petition shall be typed, printed or written legibly, and signed by the person
				  seeking the ruling or order. The petition shall also contain the person's full
				  printed name, the complete physical and mailing address of the person, and a
				  daytime telephone number.
B. If the
				  petition includes reference to a specific transaction handled by the department
				  or a public tag agent, or if the petition relates to the issuance, revocation,
				  cancellation, or denial of any license, permit or authorization, then the
				  person submitting the petition shall also submit proof that he has notified all
				  of the persons involved in the transaction or issuance, revocation,
				  cancellation, or denial of the license, permit or authorization by certified
				  mail, return receipt requested. If the person is unable to notify the involved
				  person or persons after otherwise complying with the notice requirement, he
				  shall so state in his petition.
C.
				  The deputy secretary may request the submission of legal memoranda to be
				  considered in rendering any order or ruling. The deputy secretary or his
				  designee shall base the order or ruling on the documents submitted including
				  the petition and legal memoranda. If the deputy secretary or his designee
				  determines that the submission of evidence is necessary for a ruling, the
				  matter may be referred to a hearing officer prior to the rendering of the order
				  or ruling for the taking of such evidence.
D. Notice of the order or ruling shall be
				  sent to the person submitting the petition as well as the security provider
				  receiving notice of the petition at the mailing addresses provided in
				  connection with the petition.
E.
				  The deputy secretary may decline to render an order or ruling if the person
				  submitting the petition has failed to comply with any requirement in this
				  Section.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:532.1 and
					 R.S.
					 49:962.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter B - Public Tag Agents › Section III-1573 - Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A. The public tag
				  agent, its employees, representatives, and agents shall maintain the
				  confidentiality of all records and information received or processed in
				  connection with any function performed pursuant to a contract with the
				  department.
B. The public tag agent
				  shall forward all request for information commonly referred to as public
				  records request to the department for a response.
C. The public tag agent shall be responsible
				  for the disclosure of any information in connection with the processing of any
				  transaction on behalf of the department. The public tag agent shall comply with
				  all applicable federal and state laws regarding the disclosure of information,
				  including but not limited to  18 U.S.C. §
											2721  et seq., and 42 U.S.C.
				  §405 (c)(2)(C)
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter B - Public Tag Agents › Section III-1575 - Driver's License Issuance

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  public tag agent may contract with the department to administer the necessary
				  tests and issue or renew identification cards, handicap hang tag identification
				  cards, and driver's licenses. The written knowledge test and the driving or
				  skills test shall be administered in accordance with the provisions of LAC
				  55:III.Chapter 1.Subchapter C.
B.
				  The public tag agent's third party examiner shall utilize only department
				  approved visual screening equipment. In lieu thereof, each examiner may opt to
				  utilize the standard Snellen wall-chart for visual acuity. The visual acuity
				  testing shall be administered in a manner approved by the department.
C. A public tag agent shall develop controls
				  to secure the materials and equipment necessary to issue driver's licenses.
				  Such controls shall be submitted in writing to the department. A public tag
				  agent shall not issue any driver's licenses until the controls required by this
				  Section have been approved by the department in writing. Once approved, the
				  controls shall be implemented as written. Any changes to the control approved
				  by the department shall be approved in writing prior to
				  implementation.
D. The department
				  shall designate the types of driver's license and identification card
				  transactions a public tag agent may perform, such as renewals and duplicates.
				  Such designation shall be at the sole discretion of the department.
				  Identification cards include the photographic identification issued with a
				  handicap hangtag.
E. Qualifications
				  for Issuance of Driver's Licenses and Identification Cards. In addition to the
				  qualification requirements contained in statute and this Chapter, a public tag
				  agent shall meet these additional requirements in order to be approved to
				  perform driver's license and identification card transaction designated by the
				  department.
1. Insurance. The insurance
				  policy shall provide coverage and a defense for the state of Louisiana and the
				  Department of Public Safety and Corrections, as well as the employees of the
				  state and the department.
a. A policy for
				  professional liability/errors and omissions with minimum coverage of
				  $1,000,000.
b. A policy for general
				  liability with minimum coverage of $1,000,000.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 15 - Services Provided by Persons and Business Entities › Subchapter B - Public Tag Agents › Section III-1577 - Other Transactions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department may contract with public tag agents to perform other transactions
				  authorized in
				  R.S.
				  47:532.1. In such case, the public tag agent
				  shall use the equipment and procedures required by the department to process
				  these transactions. The public tag agent shall use an approved written control
				  plan to secure any materials or equipment as directed by the
				  department.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1601 - Definitions (Formerly section 1551)

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in Chapter 16, the following terms
				have the meanings described below.
Commissioner
-Deputy Secretary of the
				  Department of Public Safety and Corrections, Public Safety Services.
Department
-Department of Public Safety and
				  Corrections, Office of Motor Vehicles.
Driver Privacy Protection Act
-the federal
				  Driver Privacy Protection Act of 1994 (DPPA) (Title XXX of
				  P.L.
				  103-322),
				  18 U.S.C. §
											2721 et seq., as implemented by the
				  department in the
Louisiana Administrative Code
, Title 55,
				  Part III, Chapter 5, Subchapter B.
Personal Information
-information which
				  includes the full name, complete physical address, and date of birth, driver's
				  license number, and Social Security number.
Public Tag Agent (PTA)
-a person, firm,
				  association, or corporation contracted with the Office of Motor Vehicles which
				  is, by contract, engaged primarily in the collection of registration license
				  taxes and sales and use tax and the issuance of registration certificates,
				  certificate of title and license plates.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1603 - Authority; Businesses and Governmental Entities (Formerly section 1553)

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S.
				47:532.1 authorizes the commissioner to
				establish a system of public tag agents authorized to collect the registration
				license taxes, as well as applicable sales and use taxes, and issue
				registration certificates and license plates to motor vehicles. An agent may be
				either a municipal or parish governing authority, a new motor vehicle dealer or
				his agent, or an auto title company. Public tag agents shall also be authorized
				to receive and process applications filed for certificates of title, duplicate
				certificates of titles, corrected certificates of title, recordation of liens,
				mortgages, or security interests against motor vehicles, conversions of plates,
				transfers of plates, replacements of lost or stolen plates and/or stickers,
				renewals of registration, duplicate registrations, and additional applications
				or transactions authorized by the commissioner.
B. The commissioner and a public tag agent,
				shall enter into a contract which shall state the required procedures for the
				implementation of authorized activities. See
				§1569 for a
				copy of the contract.
C. With the
				exception of the requirements for a surety bond, all rules and regulations as
				well as all contractual provisions shall apply to municipal and parish
				governing authorities acting as public tag agents.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1605 - Convenience Fee (Formerly section 1555)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Public tag agents may collect a
				convenience in addition to any other fee or tax collected when processing a
				transaction for the department. The convenience fee shall not exceed the amount
				authorized in
				R.S.
				47:532.1(C) and shall be
				retained by the public tag agent.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1608 - Qualifications for Public Tag Agent Owners and Employees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Qualifications for a Public Tag Agent
				Owner. To contract with the department as a public tag agent, the
				owner/applicant shall:
1. be a citizen of the
				United States or be lawfully present in the United States;
2. have earned at least a high school
				diploma, GED or its equivalent;
3.
				have a business location within the state of Louisiana where the public tag
				agent office will operate;
4.
				provide proof of registration with the secretary of state to do business in the
				state of Louisiana;
5. possess any
				required business license;
6. the
				department may deny an application and refuse to grant the applicant authority
				to act as a public tag agent or revoke a public tag agents status as a result
				of any of the following actions by the applicant, or by any of the applicant's
				employees, officer's, directors, managers, representatives, or owners:
a. operating as an auto title company or
				public tag agent without a license or authorization for each location, with an
				expired license or authorization, or without a valid surety bond on file with
				the Office of Motor Vehicles;
b.
				being a principal or accessory to the alteration of documents relevant to a
				registration or titling transaction that results in material injury to the
				public records or a short fall in the collection of taxes owed;
c. the forwarding to the Office of Motor
				Vehicles by a public tag agent of a document relevant to a registration or
				titling transaction that results in a material injury to the public records, or
				a short fall in the collection of taxes owed when the public tag agent had
				knowledge of facts causing such injury or shortfall, and failed to disclose the
				same to the Office of Motor Vehicles;
d. conviction of, or an entry plea of guilty
				or nolo contendere to, any felony or conviction of, or an entry plea of guilty
				or nolo contendere to, any criminal charge, an element of which is fraud or
				theft;
e. fraud, deceit, or perjury
				in obtaining any license issued under this Chapter;
f. any material misstatement of fact or
				omission of fact in any application for the issuance of an authorization for a
				public tag agent;
g. current or
				previous owner, employee, officer, director, manager or representative of a
				public tag agent or any other business regulated by DPS whose license or
				contract has been revoked;
h.
				conviction of a crime involving violence, dishonesty, deceit, or an offense
				involving moral turpitude.
i. there
				is current prosecution or pending charge against for any offense listed in this
				section.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1607 - Administrative Actions (Formerly section 1557)

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. The
				assistant secretary or his designee may suspend, revoke, cancel, or terminate
				the public tag agent's contract upon a violation by the agent or any agent's
				officers, directors, employees, owners, or other representatives of any
				responsibility or requirement established pursuant to the contractual
				agreement. LAC 55:III. Chapter 16
				R.S.
				47:532.1 or
				R.S.
				47:532.2. In lieu of any of the previously
				listed actions, the deputy secretary may take other administrative action for
				such a violation including but not limited to the imposition of a fine or other
				sanction.
2. Additionally, the
				assistant secretary or his designee may suspend, revoke, cancel, or terminate
				the status of any person who is an employee, officer, director, or other
				representative of the public tag agent upon a violation of any responsibility
				or requirement established pursuant to the contractual agreement. LAC 55:III.
				16, R.S.
				47:532.1 or
				R.S.
				47:532.2. It shall be the responsibility of
				the public tag agent to ensure that all employees, officers, directors, or
				other representatives of the public tag agent are familiar with these
				responsibilities and requirements.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1609 - Applications (Formerly section 1559)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Those persons interested in becoming a
				public tag agent may inquire at the following address.
Attention: PTA Administration
Office of Motor Vehicles
Post Office Box 64886
Baton Rouge, LA 70896
Or by email at PTAAdmin@la.gov
B. Initial Application Process for a public
				tag agent. The application process is a two-step approval process.
1. The following must be submitted for the
				initial public tag agent application:
a.
				completed initial application;
i. an
				application packet will be provided to the applicant upon receipt of an inquiry
				as stated above;
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1611 - Eligibility, Suspension, Revocation, or Cancellation of Public Tag Agent's Authority (Formerly section 1561)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Contracts shall be issued for two years
				and be renewable on a biennial basis. The initial contract will be valid from
				the date of issuance until May 31st of the year closest to but not to exceed
				two years.
B. Contracts shall be
				nontransferable. In the event of a change of ownership, application for a new
				contract shall be made and the old contract and certificate shall be
				surrendered to DPS before a new contract can be executed with the new
				owner.
C. If the public tag agent
				certificate is lost or destroyed, a duplicate shall be issued for a $25
				application fee upon receipt of a statement of fact or, in the case of
				mutilation, upon surrender of such license.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1613 - Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every initial
				application or renewal for a public tag agent shall be accompanied by an
				application fee of $100 per year, collected biennially, per location.
B. An $8 fee shall be assessed when a public
				tag agent relocates and a new certificate is issued or if a duplicate
				certificate is required.
C. Every
				application for renewal of a public tag agent shall be accompanied by an
				application fee of $200, collected biennially, per location.
D. Application fees shall not be prorated or
				refunded. Applications not completed within 90 days shall be voided.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1615 - Background Checks

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every owner,
				employee, officer, directors, managers, or representative who will have access
				to restricted areas of the contracted location, information or data regulated
				by the Driver Privacy Protection Act, or paperwork or documents submitted to
				the public tag agent as a result of their public tag agent contract shall have
				a background check performed by Louisiana State Police.
B. Applicants shall submit electronic
				fingerprints for the purpose of conducting a background check.
C. Fingerprint cards will not be accepted for
				the purpose of completing a background check unless prior approval is granted
				by the department.
D. Cleaning
				crews or janitorial services that require regular access to secure areas of the
				building must pass a background check prior to gaining access to the
				building.
E. Exceptions
1. Maintenance or trade persons that would
				need infrequent access to the contracted location or access is limited to an
				isolated incident may be permitted to restricted areas of the building if all
				of the following conditions are met:
a. all
				documents protected by the Driver Privacy Protection Act has been secured in a
				locked cabinet or area that is inaccessible to the maintenance or trade
				person;
b. all inventory has been
				locked in a cabinet or area that cannot be accessed;
c. all computers are either turned off of
				locked so protected information cannot be viewed;
d. an authorized person remains with the
				unauthorized person at all times.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1617 - Office Location

Current through Register Vol. 50, No. 6, June 20, 2024
A. The business
				location of a PTA must be approved prior to being contracted to do business at
				that location.
B. The PTA office
				cannot be co-located with other business such as insurance companies, driving
				schools, tow facilities, etc. unless the PTA office is separated by a permanent
				wall and locking door.
C. The PTA
				office shall not transact additional business from the PTA location that is a
				conflict of interest or that will reflect negatively on the
				department.
D. Computers configured
				for or used by the PTA cannot be used to aid in other co-located
				businesses.
E. All doors including
				entrance, back and side doors must have dead bolt locks.
F. All windows must remain secure.
G. Security System. Building alarm system
				must be installed and monitored.
H.
				Security cameras are mandatory for all PTA's that provide driver's license
				services.
I. Security cameras
				cannot be facing a processing monitor where it may be possible to view
				restricted information from a remote location or by an unauthorized
				person.
J. There must be a counter
				separating customers from the restricted areas of the building. All computer
				screens, paperwork and registration documents must be behind the counter and
				out of view of customers.
K. All
				inventoried items such as license plates, titles and unprocessed paperwork must
				be secured in a locked storage room, cabinet or file cabinet.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1619 - Audit

Current through Register Vol. 50, No. 6, June 20, 2024
A. A public tag
				agent will be audited on a biennial basis.
B. PTA may also be audited on an as needed
				basis or when additional services are requested by the PTA prior to a biennial
				audit being conducted.
C. A final
				audit with an error rate greater than or equal to 20 percent will disqualify a
				PTA from opening additional locations or making application for additional
				services. The Commissioner or their designee may, after review or the audit
				findings provisionally authorize additional locations or services until the
				next audit.
D. A PTA final audit
				with an error rate equal to or greater than 30 percent or who through audit
				have been determine to have made substantial errors resulting in incorrect
				taxes being collected, improper issuance of title or registration or
				unauthorized modification to vehicle or drivers records may be required to
				attend re-training. PTA shall have ninety days following receipt of the final
				audit report to correct all audit findings.
E. PTA is responsible for payment of taxes
				and fees due to the State for any underpayments identified in the
				audit.
F. Failure to remit payment
				within 90 days will result in a claim being filed against the PTA
				bond.
G. The department may suspend
				PTAs connectivity to the department, non-renew or terminate a PTA's contract
				based on audit performance or failure to comply with audit findings or fail to
				complete re-training if required to do so by the department.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1623 - Name, Trade Name, Advertisements, and Other Signage of Public Tag Agents (Formerly section 1613)

Current through Register Vol. 50, No. 6, June 20, 2024
A. No public tag
				agent shall display any sign, logo, business name, or trade name, or cause to
				be advertised any sign, logo, business name, or trade name which includes the
				words "office of motor vehicles," "motor vehicle office," or "motor vehicles
				office," or any similar phrases, unless the sign, logo, business name, trade
				name, or advertisement clearly and prominently includes a statement indicating
				the business's status as a public tag agent.
1. The business's status as a public tag
				agent must be in font lager than or equal to the font in which the "office or
				motor vehicles" or "motor vehicle office" is printed.
2. Advertisements must use restraint and be
				in good taste Advertisements will be reviewed and approved by OMV upon request
				Advertisements shall not include negative remarks about the department. Office
				of Motor Vehicles, or its employees or services.
3. PTA's are prohibited from advertising at
				an office of motor vehicle location including the exterior of the building,
				parking lot or an area between the parking lot and the roadway.
4. Social media posts which allude to or name
				the department or Office of Motor Vehicles specifically must be in good
				taste.
5. PTA shall not publish any
				communication which would, under any circumstance, undermine or tarnish the
				name or image of the department.
6.
				PTA shall not relate themselves with other information, opinions, or positions
				that would bring adverse criticism or embarrassment upon the
				department.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1625 - Driver Privacy Protection Act (Formerly section 1615)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every applicant for a driver's license,
				certificate of title, or for a new or renewed vehicle registration at a public
				tag agent's place of business shall be given the opportunity to prohibit the
				disclosure of personal information as defined in LAC 55, Part III, Chapter 5,
				§553, Subchapter B, by completing the department's approved form, and
				submitting the form to the public tag agent. The public tag agent shall forward
				the properly completed form to the department. The public tag agent shall
				advise the person submitting the form that any form which is incomplete or
				which is illegible shall not be processed and shall not be returned.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:532.1.