reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 5 - WATERCRAFT › Rule 2 - Watercraft Dealers › Section 2-1.1 - Initial application

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC 9-32
Sec. 1.1.
(a) In
				addition to the requirements in IC 9-32, a person applying to be licensed as a
				watercraft dealer must submit with the application a copy of a valid
				photographic identification card issued by a government agency to each
				individual listed on the application as an owner, partner, or officer,
				including the person signing the application, if different.
(b) The name and address of the watercraft
				dealer as stated on all documents submitted with the application must match the
				name and address of the watercraft dealer as stated on the application. An
				exemption for this requirement may be given at the secretary of state's
				discretion so long as there are no concerns regarding the qualifications and
				eligibility of the applicant to receive the license or the ability of the
				applicant to conduct properly the business for which the application is
				submitted.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 5 - WATERCRAFT › Rule 2 - Watercraft Dealers › Section 2-1.2 - Renewal of dealer license

Current through July 10, 2024
Authority: IC
				  9-32-3-1; IC
				  9-32-11-8
Affected: IC 9-32
Sec. 1.2.
Application for renewal of a watercraft dealer license must
				  be on a form prescribed by the secretary and be accompanied by the
				  following:
(1) The applicable
				fee.
(2) Proof of current bond as
				required by IC
				9-32-11-2(e).
(3) Proof of current liability insurance as
				required or current membership in a risk retention group under IC
				9-32-8-6
[ IC
				9-32-8-6 was repealed by
				P.L.
				120-2020,
				SECTION
				56, effective July 1, 2020.]
and IC
				9-32-11-14.
(4) If requested by the secretary, proof that
				the watercraft dealer is in good standing with the bureau of motor vehicles,
				department of state revenue, or the state police department.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 5 - WATERCRAFT › Rule 2 - Watercraft Dealers › Section 2-2 - Manufacturer's and importer's certificate of origin

Current through July 10, 2024
Authority: IC 9-32-3-1
Affected: IC 9-32
Sec. 2.
(a) A
				watercraft dealer shall not purchase or acquire a new watercraft without
				obtaining from the seller of the watercraft a manufacturer's certificate of
				origin or an importer's certificate of origin.
(b) A manufacturer's certificate of origin or
				an importer's certificate of origin must include the following:
(1) A description of the watercraft. The
				description must include the following:
(A)
				The year.
(B) The length.
(C) Dry weight.
(D) Series or model.
(E) Make.
(F) Horsepower rating.
(G) Hull type.
(H) Hull identification number.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 5 - WATERCRAFT › Rule 2 - Watercraft Dealers › Section 2-4 - Temporary license plates

Current through July 10, 2024
Authority: IC 9-32-3-1
Affected: IC 9-32-8-7
Sec. 4.
(a) This
				section governs the issuance and use of a temporary license plate by a
				watercraft dealer issued under IC 9-33-8-7.
(b) A watercraft dealer shall not issue more
				than one (1) temporary license plate to the purchaser of a watercraft. A
				watercraft dealer cannot renew a temporary license plate issued under this
				subsection.
(c) A watercraft dealer
				shall not apply a temporary license plate to a watercraft owned by or in the
				inventory of a watercraft dealer.
(d) A watercraft dealer shall provide a bill
				of sale or another ownership document that establishes the purchase date to the
				purchaser at the time of the issuance of a temporary license plate.
(e) The log required under this section must
				be maintained at the established place of business of the watercraft dealer for
				at least two (2) years following the final entry made in that log. Following
				the two (2) year period, records may be moved offsite but must be maintained
				for a period of five (5) years. In addition to any other requirements contained
				in this section, the log must include the following information:
(1) The temporary license plate number issued
				in its sequence.
(2) The name and
				address of the person to whom the temporary license plate was issued.
(3) The make, model, and year of the
				watercraft to which the temporary license plate is to be affixed.
(4) The hull identification number.
(5) The date of issuance of the temporary
				license plate.
If permitted by the secretary, the watercraft dealer may
				  maintain the log electronically in a format approved by the
				  secretary.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 5 - WATERCRAFT › Rule 2 - Watercraft Dealers › Section 2-5 - Dealer certificates of registration or temporary license plates to be issued to a dealer or manufacturer

Current through July 10, 2024
Authority: IC 9-32-3-1
Affected: IC 9-32
Sec. 5.
(a) The
				secretary of state retains the discretion to determine the number of watercraft
				dealer license plates to be issued to a watercraft dealer.
(b) The secretary of state may take the
				following formula into consideration when issuing watercraft dealer license
				plates to a watercraft dealer:
STEP ONE: Determine the total number of watercraft (both
				  retail and wholesale) sold, or projected to be sold, by the applicant in a
				  license year.
STEP TWO: Determine the number of licensed months the
				  applicant was in business during the license year.
STEP THREE: Divide the number in STEP ONE by the number in
				  STEP TWO.
(c) The secretary
				of state may take the following into consideration when issuing watercraft
				manufacturer plates to a watercraft manufacturer:
(1) The type of watercraft the watercraft
				manufacturer constructs or assembles.
(2) How many watercraft the watercraft
				manufacturer produced in the previous twelve (12) months or calendar
				year.
(3) The watercraft
				manufacturer's intended primary use of the license plates.
(4) The nature of the watercraft
				manufacturer's business.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 5 - WATERCRAFT › Rule 2 - Watercraft Dealers › Section 2-6 - Transfer dealer license (Repealed)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 9-3-6 ) to the Secretary of State ( 75 IAC 5-2-6 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 5 - WATERCRAFT › Rule 2 - Watercraft Dealers › Section 2-7 - Discount dealer license (Repealed)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 9-3-7 ) to the Secretary of State ( 75 IAC 5-2-7 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 5 - WATERCRAFT › Rule 2 - Watercraft Dealers › Section 2-8 - Determining the number of watercraft sold

Current through July 10, 2024
Authority: IC 9-32-3-1
Affected: IC 9-32
Sec. 8.
For the purpose of determining the number of watercraft
				  sold, or anticipated to be sold, the the
[sic]
license year
				  shall be used.
Transferred from the Bureau of Motor Vehicles
					 (140 IAC 9-3-8) to the Secretary
					 of State (75 IAC 5-2-8) by
					 P.L.
					 106-2008,
					 SECTION
					 54, effective July 1,
					 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 5 - WATERCRAFT › Rule 2 - Watercraft Dealers › Section 2-9 - Providing documentation to purchaser

Current through July 10, 2024
Authority: IC 9-32-3-1
Affected: IC 9-32
Sec. 9.
A watercraft dealer shall provide each person who purchases
				  a watercraft from the watercraft dealer with all documentation needed to
				  transfer the title to the watercraft to the purchaser. The documentation must
				  be provided within ten (10) days of the sale or delivery of the watercraft.
Transferred from the Bureau of Motor Vehicles
					 (140 IAC 9-3-9) to the Secretary
					 of State (75 IAC 5-2-9) by
					 P.L.
					 106-2008,
					 SECTION
					 54, effective July 1,
					 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 5 - WATERCRAFT › Rule 2 - Watercraft Dealers › Section 2-10 - Consignment sales (Repealed)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 9-3-10 ) to the Secretary of State ( 75 IAC 5-2-10 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 5 - WATERCRAFT › Rule 2 - Watercraft Dealers › Section 2-11 - Investigation and evaluation of qualifications (Repealed)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 9-3-11 ) to the Secretary of State ( 75 IAC 5-2-11 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 5 - WATERCRAFT › Rule 2 - Watercraft Dealers › Section 2-12 - Validity of license; change of business name or location (Repealed)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 9-3-12 ) to the Secretary of State ( 75 IAC 5-2-12 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 5 - WATERCRAFT › Rule 2 - Watercraft Dealers › Section 2-13 - Denial, suspension, or revocation of the dealer license and plates (Repealed)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 9-3-13 ) to the Secretary of State ( 75 IAC 5-2-13 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 5 - WATERCRAFT › Rule 2 - Watercraft Dealers › Section 2-14 - Issuance of cease and desist order by secretary

Current through July 10, 2024
Authority: IC 9-32-3-1
Affected: IC 9-32
Sec. 14.
Failure to obtain a license under IC 9-32-8 or engaging in
				  activities that require a license while a license issued under IC 9-32-8 is
				  suspended or revoked by the secretary shall be cause for an order to cease and
				  desist all such activities to be issued by the secretary. The secretary shall
				  notify the superintendent of the Indiana state police of all such orders issued
				  to cease and desist business.
Transferred from the Bureau of Motor Vehicles
					 (140 IAC 9-3-14) to the Secretary
					 of State (75 IAC 5-2-14) by
					 P.L.
					 106-2008,
					 SECTION
					 54, effective July 1,
					 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 5 - WATERCRAFT › Rule 3 - Registration › Section 3-1 - Dealer's and manufacturer's identification number; display (Repealed)

Current through July 10, 2024
Transferred from the Bureau of Motor Vehicles ( 140 IAC
					 9-4-5 ) to the Secretary of State ( 75 IAC 5-3-1 ) by P.L. 106-2008, SECTION
					 54, effective July 1, 2008.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-13-2; IC 9-32
Sec. 1.
The definitions in this rule, IC 9-13, and IC 9-32 apply
				  throughout this article.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 1 - Definitions › Section 1-2 - "Certificate of origin" or "manufacturer's statement of origin" defined

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-13-2; IC 9-32
Sec. 2.
"Certificate of origin" or "manufacturer's statement of
				  origin" refers to the original ownership document for a motor vehicle issued by
				  a manufacturer and provided to the initial purchaser of that motor vehicle so
				  as to begin the chain of ownership of that motor vehicle.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 1 - Definitions › Section 1-3 - "Consignee" defined

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-13-2; IC 9-32
Sec. 3.
"Consignee" means a dealer who receives a motor vehicle or
				  watercraft for the purpose of offering the motor vehicle or watercraft for sale
				  but title to which is held by another person.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 1 - Definitions › Section 1-4 - "Consignment sales" defined

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-13-2; IC 9-32
Sec. 4.
"Consignment sales" refers to a sale in which the dealer
				  sells or offers for sale, for compensation or not, a motor vehicle or
				  watercraft that is not titled or assigned to the dealer.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 1 - Definitions › Section 1-5 - "Consignor" defined

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-13-2; IC 9-32
Sec. 5.
"Consignor" means the titled or assigned owner of a motor
				  vehicle or watercraft who cosigns a motor vehicle or watercraft to a dealer.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 1 - Definitions › Section 1-5.5 - "Dealer designee license plate" defined

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-32-6.5-1
Sec. 5.5.
"Dealer designee license plate" means the license plate
				  issued to a dealer by the secretary of state under IC
				  9-32-6.5-1.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 1 - Definitions › Section 1-6 - "Designee" defined

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  6-6-5; IC
				  9-13-2; IC
				  9-32-6.5
Sec. 6.
"Designee" refers to a person to which a dealer has assigned
				  use of a dealer designee license plate under IC
				  9-32-6.5.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 1 - Definitions › Section 1-7 - "License year" defined

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-13-2; IC
				  9-32-11-12.5
Sec. 7.
"License year" refers to a twelve (12) month period
				  commencing and ending in accordance with IC
				  9-32-11-12.5.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 1 - Definitions › Section 1-8 - "Motor vehicle industry sponsored trade show" defined

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-13-2; IC 9-32
Sec. 8.
"Motor vehicle industry sponsored trade show" means the
				  exhibition of motor vehicles by a motor vehicle trade association to provide
				  the general public the opportunity to review and inspect motor vehicles at a
				  single location. All trade association members must be invited to participate
				  in the trade show.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 1 - Definitions › Section 1-9 - "Motor vehicle trade association" defined

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-13-2; IC 9-32
Sec. 9.
"Motor vehicle trade association" refers to a:
(1) statewide association of licensed dealers
				with a membership greater than one hundred (100) dealers; or
(2) local association of licensed dealers
				with a membership of at least eighty percent (80%) of the dealers in the local
				area.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 2 - Licensing › Section 2-1 - Certificate of origin for converted vehicles

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC 9-17; IC 9-18.1; IC 9-32
Sec. 1.
A dealer who converts any type of motor vehicle, on which a
				  certificate of origin has already been issued, into another type of motor
				  vehicle on which the dealer issues a second certificate of origin must provide
				  both the initial certificate of origin and the second certificate of origin
				  upon transfer of the motor vehicle.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 2 - Licensing › Section 2-1.5 - Initial license application

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC 9-32
Sec. 1.5.
(a) In
				addition to the requirements in IC 9-32, a dealer applying to be licensed as
				dealer must submit with the application a copy of a valid photographic
				identification card issued by a government agency to each individual listed on
				the application as an owner, partner, or officer, including the person signing
				the application, if different.
(b)
				The name and address of the dealer as stated on all documents submitted with
				the application must match the name and address of the dealer as stated on the
				application. An exemption for this requirement may be given at the secretary of
				state's discretion so long as there are no concerns regarding the
				qualifications and eligibility of the applicant to receive the license or the
				ability of the applicant to conduct properly the business for which the
				application is submitted.
(c) A
				dealer applying to be licensed as an automotive mobility dealer must also
				include with its application proof that the dealer is accredited through the
				Quality Assurance Program of the National Mobility Equipment Dealers
				Association.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 2 - Licensing › Section 2-2.2 - Dealer license renewal

Current through July 10, 2024
Authority: IC
				  9-32-3-1; IC
				  9-32-11-8
Affected: IC
				  9-13-2; IC
				  9-32-11
Sec. 2.2.
(a)
				Application for renewal of a dealer license must be on a form prescribed by the
				secretary and be accompanied by the following:
(1) The applicable fee.
(2) Proof of current bond as required by IC
				9-32-11-2(e).
(3) Proof of current liability insurance or
				current membership in a risk retention group under IC
				9-32-11-14.
(4) Proof that the dealer is in good standing
				with the bureau of motor vehicles, department of state revenue, or the state
				police department if requested by the secretary.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 2 - Licensing › Section 2-3 - Issuance of off-site sales licenses; general conditions and minimum requirements

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-13-2; IC 9-32; IC
				  24-4-6
Sec. 3.
(a) An
				off-site license may be issued to a licensed dealer for the purpose of
				conducting a motor vehicle event at a location other than the applicant's
				established place of business.
(b)
				The temporary location must:
(1) be in a
				well-defined location such as a building, tent, or open parking area that is
				separate and distinct from other business locations;
(2) set up to include an appropriate area for
				the closing of a sale if a sale is closed at the off-site location;
				and
(3) meet all local ordinances
				and zoning requirements.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 2 - Licensing › Section 2-3.1 - Vehicles classified as classic, collector, or antique

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-32-11-11; IC
				  9-32-11-11.5; IC
				  9-32-11-18
Sec. 3.1.
(a) For
				purposes of IC
				9-32-11-11, IC
				9-32-11-11.5, and IC
				9-32-11-18, to be considered a
				"collector motor vehicle" the motor vehicle must be:
(1) at least twenty-five (25) years
				old;
(2) owned, operated, restored,
				maintained, or used as a collector's item, a leisure pursuit, or an investment;
				and
(3) not used primarily for
				transportation.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 2 - Licensing › Section 2-4 - Manufacturer license requirements

Current through July 10, 2024
Authority: IC
				  9-32-3-1; IC
				  9-32-11-8
Affected: IC
				  9-13-2; IC 9-32
Sec. 4.
(a) If a
				manufacturer or converter manufacturer is engaging in, or intends to engage in,
				direct sales to the general public, its established place of business must meet
				the same requirements as those for dealers holding dealer-new and dealer-used
				licenses as set out in section 2 of this rule.
(b) In addition to meeting the requirements
				set out in section 2 of this rule, a manufacturer or converter manufacturer
				described in subsection (a), photographs of the manufacturer's or converter
				manufacturer's location and established place of business must be provided with
				the initial application for a manufacturer or converter manufacturer license.
				These photographs must include, at a minimum, the:
(1) interior and exterior of the established
				place of business;
(2) sign
				required by this section; and
(3)
				office.
Printed photographs must not be less than three (3) inches by
				  five (5) inches in size. The photographs will be required to be updated if the
				  manufacturer or converter manufacturer moves or if its physical facilities are
				  substantially altered or modified. Digital photographs must be unaltered and
				  verifiable.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 2 - Licensing › Section 2-5 - Transfer dealer license requirements

Current through July 10, 2024
Authority: IC
				  9-32-3-1; IC
				  9-32-11-8
Affected: IC 9-13; IC 9-32
Sec. 5.
(a) In
				addition to the requirements in IC 9-32 and IC 9-13, the location and
				established place of business at which a transfer dealer is licensed or
				applying to be licensed must meet the following requirements:
(1) Is located in Indiana and has an Indiana
				address that is not:
(A) an Indiana post
				office box address;
(B) a location
				that functions like a mailbox box facility; or
(C) a location that only provides ministerial
				services by a contract employee.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 2 - Licensing › Section 2-7 - Automobile auction license requirements

Current through July 10, 2024
Authority: IC
				  9-32-3-1; IC
				  9-32-11-8
Affected: IC 9-13; IC 9-32
Sec. 7.
(a) In
				addition to the requirements in IC 9-32 and IC 9-13, the location and
				established place of business at which an automobile auction is licensed or
				applying to be licensed must meet the following requirements:
(1) Is located in Indiana and has an Indiana
				address that is not:
(A) an Indiana post
				office box address;
(B) a location
				that functions like a mailbox box facility; or
(C) a location that only provides ministerial
				services by a contract employee.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 2 - Licensing › Section 2-7.5 - Automotive mobility license requirements

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC 9-13; IC 9-32
Sec. 7.5.
(a) In
				addition to the requirements in IC 9-32 and IC 9-13, the location and
				established place of business at which an automotive mobility dealer is
				licensed or applying to be licensed must meet the following requirements:
(1) Is located in Indiana and has an Indiana
				address that is not:
(A) an Indiana post
				office box address;
(B) a location
				that functions like a mailbox box facility; or
(C) a location that only provides ministerial
				services by a contract employee.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 2 - Licensing › Section 2-8 - Consignment sales

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC 9-32
Sec. 8.
(a) A
				consignor who consigns a motor vehicle or watercraft to a consignee to be
				offered for sale and sold by the consignee on behalf of the consignor to a
				third party purchaser must provide the consignee with:
(1) the title to the motor vehicle or
				watercraft;
(2) a duly executed
				consignment agreement between the consignor and the consignee; and
(3) the consignment sale form prescribed by
				the secretary.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 2 - Licensing › Section 2-10 - Operation without a license; cease and desist order

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC 9-32
Sec. 10.
A person engaged in the activities as identified in IC 9-32
				  must be properly licensed to carry out those activities and functions. Failure
				  to obtain a license or engaging in activities that require a license while a
				  license issued under IC 9-32 is suspended or revoked by the secretary of state
				  shall be cause for an order to cease and desist all activities to be issued by
				  the secretary of state. The secretary of state shall notify the state police
				  department of an order issued to cease and desist activities.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 3 - Plates › Section 3-1 - Classification of dealer plates

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-13-2; IC 9-32
Sec. 1.
(a) In
				addition to the license plates authorized by IC 9-32, the secretary of state
				authorizes the following classifications of dealer license plates:
(1) Transfer dealer.
(2) Dealer promotional.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 3 - Plates › Section 3-2 - Dealer license plates; restrictions on use

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-13-2; IC 9-32
Sec. 2.
(a) This
				section applies to the following dealer license plate types:
(1) Dealer-new.
(2) Dealer-used.
(3) Motorcycle.
(4) Motorcycle with a motor driven cycle
				decal.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 3 - Plates › Section 3-3 - Manufacturer license plates; restrictions on use

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-13-2; IC
				  9-32-6; IC
				  9-32-11
Sec. 3.
(a) Persons
				that are properly licensed under IC 9-32 as a:
(1) manufacturer;
(2) converter manufacturer; or
(3) distributor;
and have an established place of business in Indiana shall be
				  eligible to apply for manufacturer license plates.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 3 - Plates › Section 3-4 - Transfer dealer license plates; restrictions on use

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-13-2; IC 9-32
Sec. 4.
(a) Transfer
				dealer license plates may be issued to a person properly licensed as a transfer
				dealer under IC 9-32.
(b) Transfer
				dealer license plates may be placed on motor vehicles owned by the transfer
				dealer for a period not to exceed ten (10) days for the purpose of:
(1) acquisition of motor vehicles;
				or
(2) demonstration of the motor
				vehicle to a potential customer.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 3 - Plates › Section 3-6 - Research and development license plates; restrictions on use

Current through July 10, 2024
Authority: IC
				  9-32-3-1; IC
				  9-32-6-3
Affected: IC
				  9-13-2; IC 9-32
Sec. 6.
(a) Research
				and development license plates may be issued to a manufacturer of a vehicle
				subcomponent system who is properly licensed under IC 9-32.
(b) Research and development license plates
				may be placed on motor vehicles in the manufacturer's inventory for:
(1) the purpose of testing a motor vehicle's
				subcomponent system;
(2) the
				purpose of studying a motor vehicle's subcomponent system; or
(3) transporting a motor vehicle to a testing
				facility.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 3 - Plates › Section 3-7 - Number of license plates issued

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC 9-32
Sec. 7.
(a) The
				secretary of state retains the discretion to determine or limit the number of
				dealer license plates issued to a dealer or manufacturer.
(b) The secretary of state may take the
				following formula into consideration when issuing dealer license plates to a
				dealer:
STEP ONE: Determine the total number of motor vehicles (both
				  retail and wholesale) sold, or projected sold, by the applicant in a license
				  year.
STEP TWO: Determine the number of licensed months the
				  applicant was in business during the license year.
STEP THREE: Divide the number in STEP ONE by the number in
				  STEP TWO. For example, a total annual sales of one hundred twenty (120) motor
				  vehicles divided by twelve (12) months equals ten (10) license
				  plates.
(c) The secretary of
				state may take the following into consideration when issuing manufacturer
				license plates to a manufacturer:
(1) The type
				of motor vehicle the manufacturer constructs or assembles.
(2) How many motor vehicles the manufacturer
				produced in the previous twelve (12) months or calendar year.
(3) The manufacturer's intended primary use
				of the license plates.
(4) The
				nature of the manufacturer's business.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 3 - Plates › Section 3-8 - Interim license plates; restrictions on use

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-32-4
Sec. 8.
(a) The
				secretary of state retains the discretion to determine the number of interim
				license plates available to a properly licensed dealer for issuance based upon
				factors including, but not limited to, the:
(1) number of motor vehicles sold by the
				dealer; or
(2) dealer's projected
				sales.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 3 - Plates › Section 3-9 - Dealer promotional plates

Current through July 10, 2024
Authority: IC
				  9-32-3-1; IC
				  9-32-6-2
Affected: IC 9-32
Sec. 9.
(a) Dealer
				promotional license plates may be issued to manufacturers, watercraft dealers,
				and dealers licensed as dealer-new or dealer-used.
(b) A request for promotional license plates
				must be on a form prescribed by the secretary. The design or image the dealer
				wishes to appear on the promotional license plates must be included with the
				request.
(c) The secretary must
				approve the design of the dealer's promotional license plates. Following the
				secretary's approval of the dealer's promotional license plate design, the
				dealer shall be solely responsible for satisfying the requirements of the
				license plate vendor, as chosen by the secretary of state, to prepare the
				dealer's license plate design for production and fulfillment by the
				vendor.
(d) Promotional license
				plates are subject to the same use restrictions as dealer license
				plates.
(e) Promotional license
				plates issued to a dealer will be included when calculating the total number of
				dealer license plates that have been issued to a dealer and making a
				determination under section 7 of this rule as to whether a dealer may be issued
				additional dealer license plates.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 3 - Plates › Section 3-10 - Dealer license plate prohibitions

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC 9-32
Sec. 10.
A dealer license plate or decal of any type or
				  classification may not be loaned, leased, sold, transferred, copied, altered,
				  or reproduced.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 3 - Plates › Section 3-11 - Dealer designee license plate application

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-32-6; IC
				  9-32-6.5
Sec. 11.
(a) The
				following dealer types may apply for a dealer designee license plate:
(1) New motor vehicle dealer.
(2) Used motor vehicle dealer.
(3) Watercraft dealer.
(4) Manufacturer.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 3 - Plates › Section 3-12 - Dealer designee license plate assignment

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC 9-32
Sec. 12.
(a)
				Assignments of dealer designee license plates are subject to the following
				restrictions:
(1) A dealer designee license
				plate may only be assigned to a designee by a dealer with a valid license under
				IC 9-32.
(2) A dealer designee
				license plate cannot be assigned to a designee for more than one hundred eighty
				(180) days. At the secretary's discretion, a ninety (90) day extension may be
				granted upon written request.
(3) A
				dealer designee license plate may not to be used to circumvent the registration
				of a motor vehicle or watercraft as required by law or the payment of sales tax
				or motor vehicle excise taxes on that motor vehicle or watercraft. Continued
				assignment of a dealer designee license plate to the same person may be
				considered an effort to circumvent the registration of a motor vehicle or
				watercraft.
(4) Assignment of a
				dealer designee license plate is subject to the approval of the secretary of
				state. The secretary may revoke or withdraw approval and terminate a dealer
				designee license plate assignment if:
(A) the
				assigning dealer's license under IC 9-32 is revoked or suspended; or
(B) it is determined that the assignment or
				use of the dealer designee license plate by the designee is not in accordance
				with state or federal law.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 3 - Plates › Section 3-13 - Dealer designee license plate assignment form

Current through July 10, 2024
Authority: IC
				  9-32-3-1
Affected: IC
				  9-32-6; IC
				  9-32-6.5
Sec. 13.
(a) In
				additio n to the information required by IC
				9-32-6.5-1(c), the
				assignment form must contain the following:
(1) Telephone number of the person to which
				the dealer designee license plate is assigned.
(2) The following information about the
				dealer:
(A) Name.
(B) Dealer number.
(C) Address.
(D) Telephone number.
(3) A statement certifying:
(A) that financial responsibility in the
				amounts required by law are in effect with respect to the vehicle;
				and
(B) the vehicle to which the
				dealer designee license plate is affixed is currently held in the inventory of
				the dealer.
(4) The
				following information with respect to the vehicle on which the dealer designee
				license plate is affixed:
(A) Vehicle
				make.
(B) Vehicle model.
(C) Vehicle year.
(D) Vehicle color.
(E) Vehicle identification number.
(5) The dealer designee license
				plate number.
(6) The dates for
				which the dealer designee license plate is assigned to the person.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 4 - Requests for Records or Information › Section 4-1 - Forms of identification

Current through July 10, 2024
Authority: IC
				  9-32-3-1; IC
				  9-32-3-11
Affected: IC
				  9-32-3
Sec. 1.
The division may, in its discretion, for purposes of IC
				  9-32-3-7 and IC
				  9-32-3-8 and generally for the
				  purpose of ascertaining the correct identity of the person making the request
				  for records or information, accept a form of identification other than those
				  identified in IC
				  9-32-3-13.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-0.5
Sec. 1.
The definitions in this rule and IC 33-42 apply throughout this article, unless the context clearly indicates otherwise.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 1 - Definitions › Section 1-2 - "Applicant" defined

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-0.5; IC 33-42-12; IC 33-42-17
Sec. 2.
"Applicant" means any person applying for a notary public commission under IC 33-42-12 or a notary public registering to be authorized to perform remote notarial acts under IC 33-42-17.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 1 - Definitions › Section 1-3 - "Designated alternative signer" defined

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-0.5
Sec. 3.
"Designated alternative signer" means any person:
(1) signing in place of a disabled person;
(2) signing in the presence of the disabled person;
(3) establishing proof that the designated alternative signer has the authority to sign on behalf of the disabled person in question; and
(4) witnessed by another party who has no interest in the document being notarized.
However, a designated alternative signer cannot swear an oath of affirmation in the name of the disabled person.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 1 - Definitions › Section 1-4 - "Disqualifying offense" defined

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 5-8-3-1; IC 33-42-0.5; IC 33-42-12-1; IC 33-42-13-1; IC 33-42-13-3
Sec. 4.
"Disqualifying offense" means any of the following:
(1) Failure to meet the eligibility requirements under IC 33-42-12-1(b).
(2) Failure to meet the moral character provision under IC 33-42-13-1(c).
(3) To engage in any prohibited act under IC 33-42-13-3.
(4) A conviction under IC 5-8-3-1.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 1 - Definitions › Section 1-5 - "Real time" defined

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-0.5
Sec. 5.
"Real time" means the actual span of uninterrupted, simultaneous communication during which all parts of an online notarial act using audio visual communication occur excluding issues or buffering that does not materially affect the substantive communication between the notary public and the signer.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 1 - Definitions › Section 1-6 - "Remote technology vendor" defined

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-0.5
Sec. 6.
"Remote technology vendor" means a person that provides audio visual communication technology and related processes, services, software, data storage, or other services to remote notaries public for the purpose of directly facilitating their performance of remote notarial acts.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 2 - Notaries Public › Section 2-1 - Notary public application

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 4-21.5; IC 33-42-12
Sec. 1.
(a) The secretary of state commissions notaries public under the provisions of IC 33-42-12-1. Each applicant applying for a notary commission must electronically submit an application using the notary application prescribed by the secretary of state.
(b) The application for a notary public commission must include the following:
(1) The applicant's name to be used in acting as a notary public.
(2) The applicant's mailing address.
(3) The applicant's county of residence.
(4) The applicant's date of birth.
(5) The applicant's driver's license number or state-issued identification number.
(6) The applicant's Social Security number.
(7) An image of the applicant's signature sample.
(8) An image of the applicant's twenty-five thousand dollar ($25,000) surety bond.
(9) A passing score on the notary examination.
(10) Payment of the nonrefundable application fee to the secretary of state.
(11) A criminal background check that is not more than six (6) months old that may be required by the secretary of state.
(12) A disclosure of any and all disciplinary actions or commission revocations taken against the applicant.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 2 - Notaries Public › Section 2-2 - Amendments to notary public commission

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-12
Sec. 2.
(a) A notary public must notify the secretary of state not later than thirty (30) days after any change to the following information associated with the notary public:
(1) Name.
(2) Mailing address.
(3) Personal electronic mail address.
(4) Personal telephone number.
(5) Employer's:
(A) address;
(B) name; and
(C) telephone number.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 2 - Notaries Public › Section 2-3 - Continuing education for notaries public

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-12
Sec. 3.
(a) Continuing education (CE) administered by the secretary of state must be completed every two (2) years after the issuance of a notary commission.
(b) Three (3) CE courses must be completed throughout the duration of the notary commission. The first CE course is due two (2) years after the notary is commissioned. The second CE course is due four (4) years after the notary is commissioned. The third CE course is due six (6) years after the notary is commissioned. Each CE course is due by the end of the anniversary of the month in which the notary is commissioned.
(c) Failure to complete a CE course requirement will result in the expiration of the notary commission.
(d) The curriculum for notary commission continuing education must include, but is not limited to, all of the following:
(1) The term of a notary commission.
(2) Requirements to update and renew a commission.
(3) Reporting requirement if a notary public is convicted or pleads guilty or no contest to a disqualifying offense.
(4) Geographic jurisdiction of a notary public.
(5) Requirements for a notary seal.
(6) What constitutes a notarial act that complies with applicable Indiana law and administrative rules.
(7) How to perform a complete notarial act, including examples involving commonly notarized documents.
(8) Verifying the identity of the principal.
(9) The administration of a jurat.
(10) Method to notarize a document signed by a designated alternative signer.
(11) Overview and examples of prohibited acts.
(12) Explanation of electronic notarizations.
(13) Explanation of remote notarial acts.
(14) What constitutes unauthorized immigration consultant acts and the unauthorized practice of law by a notary.
(15) The fees a notary public is permitted to charge.
(16) The conditions under which a commission may be revoked.
(17) Investigation and disciplinary processes.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 2 - Notaries Public › Section 2-4 - Notary public renewal

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 4-21.5; IC 33-42-12
Sec. 4.
(a) Under IC 33-42-12-1(f), a notary commission is valid for eight (8) years after its effective date.
(b) A notary public applying for a commission renewal may apply beginning ninety (90) days prior to the expiration date of the notary public's current commission.
(c) In order to renew a notary commission, each applicant must electronically submit an application for renewal using the notary application prescribed by the secretary of state. The application for renewal is the same as the application for notary public in section 1 of this rule.
(d) If the secretary of state determines that the applicant has complied with the requirement of this rule, the secretary of state shall renew the notary public's commission and extend its term for a period of eight (8) years from expiration of the current commission.
(e) If the notary public's commission expires before the commission is renewed, the notary public's commission shall not be renewed, and the person may apply for a new commission under section 1 of this rule.
(f) If an applicant fails to comply with the requirements of section 1(b)(1) through 1(b)(10) of this rule, and section 1(c)(1) through 1(c)(3) of this rule when applicable, the secretary of state must inform the applicant that the application has been rejected.
(g) If an applicant fails to comply with the requirements of section 1(b)(11) of this rule or has a disqualifying offense, the secretary of state must inform the applicant that the application has been denied.
(h) If an applicant is rejected three (3) times within thirty (30) days, the applicant must wait thirty (30) days before submitting another application.
(i) If an applicant is denied, the affected party is entitled to timely notice and a hearing, as described in IC 4-21.5.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 3 - Remote Notaries Public › Section 3-1 - Eligibility to be authorized as a remote notary public

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-12-1; IC 33-42-17-2
Sec. 1.
(a) An applicant must meet the eligibility requirements in IC 33-42-12-1(b) and be a commissioned notary public to be eligible to register for a remote notary public authorization.
(b) There must be at least ninety (90) days remaining on the applicant's notary public commission to register for a remote notary public authorization.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 3 - Remote Notaries Public › Section 3-2 - Submission of remote notary public application

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 4-21.5; IC 33-42-17-2
Sec. 2.
(a) An individual applying for a remote notary public authorization must use the remote notary application prescribed by the secretary of state.
(b) The application must include the following:
(1) The name on the applicant's notary public commission.
(2) The applicant's notary public commission number.
(3) The name of the remote technology vendor that the applicant intends to use to perform remote notarial acts.
(4) A disclosure of any and all disciplinary actions or commission revocations taken against the applicant.
(5) A passing score on the remote notary examination.
(6) Payment of the nonrefundable application fee to the secretary of state.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 3 - Remote Notaries Public › Section 3-3 - Consecutive remote notary public authorization

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 33-42-17-2
Sec. 3.
(a) A remote notary public authorization is valid from the time the notary public is authorized until the expiration of the notary public commission.
(b) The application must include the following:
(1) The name on the applicant's notary public commission.
(2) The applicant's notary public commission number.
(3) The name of the remote technology vendor that the applicant intends to use to perform remote notarial acts.
(4) A disclosure of any and all disciplinary actions or commission revocations taken against the applicant.
(5) A passing score on the remote notary examination.
(6) Payment of the nonrefundable application fee to the secretary of state.
Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 7 - NOTARY PUBLIC GOVERNANCE › Rule 4 - Complaints › Section 4-1 - Submitting a complaint

Current through July 10, 2024
Authority: IC 33-42-16-2
Affected: IC 5-8-3-1; IC 33-42-13
Sec. 1.
(a) Any person may submit a complaint in writing to the secretary of state alleging that:
(1) a notary public has violated one (1) or more of the provisions of this article, IC 33-42-13-3, or IC 5-8-3-1;
(2) a person is performing notarial acts without a notary public commission; or
(3) a person is performing remote notarial acts without a remote notary public authorization.