reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 13 - New Motor Vehicle Auto Shows; Offsite Displays › Section V-1305 - Show Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  application must be submitted to the commission no less than 60 days prior to
				  the opening date of the event and must include a list of all licensed motor
				  vehicle dealers within the geographical area.
B. Only licensed motor vehicle dealers may
				  conduct sales of motor vehicles at such sales and shows.
C. The show must be for a particular
				  geographical area, not less than a parish. The geographical area cannot include
				  a part of a parish.
D. All licensed
				  motor vehicle dealers within the show's geographical area must be offered the
				  opportunity to participate in the show.
E. A majority of the licensed motor vehicle
				  dealers within the show's geographical area must participate in the
				  event.
F. Each respective
				  manufacturer shall grant authority to the respective dealers participating to
				  conduct the sale or show of motor vehicles at the proposed offsite
				  location.
G. A licensed motor
				  vehicle dealer may participate in only two shows in a calendar year.
H. Not less than 30 days prior to the opening
				  day of the show the commission must receive a list of all participating
				  licensed motor vehicle dealers together with the consent of each respective
				  manufacturer.
I. Participation by a
				  licensed motor vehicle dealer shall include display of vehicles and presence of
				  dealer personnel
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253(E).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 13 - New Motor Vehicle Auto Shows; Offsite Displays › Section V-1307 - Static Offsite Displays

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  executive director must approve all offsite displays of vehicles. A licensee's
				  request to display vehicles at an offsite location must be received by the
				  commission seven days prior to the commencement of the display.
B. The location of each display must be
				  within the licensee's defined area of responsibility for the make and model to
				  be displayed, if applicable.
C.
				  Each offsite display will be limited to 30 days, unless the licensee submits a
				  copy of the contract for the location of the offsite display and then the
				  display will be limited to the length of the contract up to a six month period.
				  There will not be a limit on the number of offsite displays allowed per year,
				  per licensee.
D. The number of
				  vehicles at any offsite display will be left to the discretion of the executive
				  director.
E. The presence of any
				  sales personnel, business cards, brochures, pricing sheets, or any other point
				  of sale device is strictly prohibited. The only pricing information allowed on
				  any vehicle(s) displayed will be the Maroney label which is required by federal
				  law.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253(E) and
					 R.S.
					 49:953(C).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 13 - New Motor Vehicle Auto Shows; Offsite Displays › Section V-1309 - Manufacturer's Motor Vehicle Display

Current through Register Vol. 50, No. 6, June 20, 2024
A. A manufacturer's motor vehicle display is
				  a vehicle display arranged by a licensed manufacturer, distributor or
				  wholesaler to demonstrate its motor vehicles to the general public. A
				  licensee's request to display motor vehicles must be received by the commission
				  30 days prior to the commencement of the display.
B. Each manufacturer's motor vehicle display
				  will be limited to 10 days.
C. The
				  number of motor vehicles at any manufacturer's motor vehicle display will be
				  left to the discretion of the executive director.
D. The manufacturer vehicle display may be
				  manned by product specialists, but no licensed motor vehicle dealer personnel
				  will be allowed on the display site.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253(E) and
					 R.S.
					 49:953(C).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 15 - Recreational Product Shows › Section V-1501 - License and Regulation of Recreational Product Shows

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission shall license and regulate
				  recreational product shows at offsite locations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253(E) and
					 R.S.
					 32:1256.1(F).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 15 - Recreational Product Shows › Section V-1503 - Promoter, Producer or Organizer License Fee and Application [Formerly Section 1505]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A promoter,
				  producer or organizer shall obtain a license from the commission and its
				  request for a license shall consist of the following:
1. the application for license shall be on
				  forms prescribed by the commission and shall require such information as the
				  commission deems necessary to enable it to determine the qualifications and
				  eligibility of the applicant;
2. a
				  license fee of $500 for each year covered by the license;
3. a list of shows proposed or planned for
				  the licensed year. This list shall be updated on an annual basis.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 15 - Recreational Product Shows › Section V-1505 - Recreational Product Show License Fee and Application [Formerly Section 1507]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  promoter, producer or organizer of a regional or national recreational product
				  show shall be required to obtain a license for the show from the commission and
				  its request for a license shall consist of the following:
1. the application shall be on a form
				  prescribed by the commission and shall require such information as the
				  commission deems necessary to enable it to determine the qualifications and
				  eligibility of the applicant;
2. a
				  license fee of $100;
3. the license
				  shall be for the recreational product show subject of the
				  application.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 15 - Recreational Product Shows › Section V-1507 - Regional Recreational Product Show; Invitation and Priority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The promoter
				  shall contact and invite all licensees of the type of recreational products to
				  be displayed at a regional recreational product show as follows.
1. All Louisiana recreational product dealers
				  whose area of responsibility for the brands they represent includes the
				  location of the show shall not later than 75 days prior to the beginning date
				  of the show be invited and have the first option to participate in the show.
				  These licensees shall notify the promoter or producer of its participation in
				  the show within 10 business days of the receipt of the invitation.
2. Louisiana dealers whose area of
				  responsibility does not include the location of the show shall not later than
				  60 days prior to the beginning date of the show be invited and have the second
				  option to participate in the show, provided that a dealer shall not show the
				  same brand of recreational product as shown by a participating Louisiana
				  recreational product dealer whose area of responsibility includes the location
				  of the show.
3. The promoter shall
				  accept any request from a licensed Louisiana recreational product dealer not
				  excluded by Paragraph 2 of this Subsection to participate in the show so long
				  as space is available at the location of the show as determined by the
				  producer. These licensees shall notify the producer or promoter of its
				  participation in the show within 10 business days of the receipt of the
				  invitation.
4. The promoter after
				  complying with Paragraphs 1, 2 and 3 of this Subsection, may invite nonresident
				  recreational product dealer, distributors, or manufacturers who shall not show
				  the same brand of recreational products as shown by participating Louisiana
				  recreational product dealers.
5. No
				  recreational vehicle dealer, distributor or manufacturer shall participate in
				  any regional recreational product show where its product line of recreational
				  vehicles is represented by a dealer whose area of responsibility includes the
				  location of the show, whether or not that dealer participates in the show. If
				  no dealer's area of responsibility includes the location of the show, any
				  dealer, distributor or manufacturer of a product line of recreational vehicles
				  may participate in the show for so long as space is available as determined by
				  producer.
6. The promoter shall
				  maintain all records of invited, participating and declining dealers and shall
				  furnish these records to the commission 10 working days prior to the opening of
				  the recreational products show.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 15 - Recreational Product Shows › Section V-1509 - Non-Louisiana Display Permit Fee and Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. A non-Louisiana recreational product
				  dealer, distributor or manufacturer shall obtain a display permit to
				  participate in a regional recreational product show not later than 10 business
				  days prior to the date of the show by providing the following:
1. its name and address;
2. a copy of its current equivalent license
				  from the state of its domicile;
3.
				  a statement to be disclosed at the show to attendees the location of where
				  warranty repairs will be made for products it will display at the
				  show;
4. the name, site and date of
				  the show for which a display permit is sought; and
5. a registration fee of $250.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 15 - Recreational Product Shows › Section V-1511 - Sales at a Regional Recreational Product Show

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except for a licensed Louisiana
				  recreational product dealer whose area of responsibility includes the site of
				  the regional recreational product show, a licensed recreational product dealer
				  or non-resident recreational product dealer may not complete a sales
				  transaction (by accepting purchase funds, completing the paperwork and
				  delivering a product) for recreational products at a regional recreational
				  product show. This restriction shall not apply to or extend to sales price
				  negotiation, accepting deposits, setting closing dates, or completing a buyer's
				  order.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253(E) and
					 R.S.
					 32:1256.1(F).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 17 - Recreational Product Static Offsite Displays; Offsite Expositions › Section V-1701 - Offsite Expositions of Recreational Products [Formerly Section 1513]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The executive
				  director must approve all offsite expositions by licensed recreational products
				  dealers. A request for an offsite exposition, accompanied by a fee of $200,
				  must be received and approved by the executive director 10 days prior to the
				  commencement of the exposition. Any application received after that date shall
				  be charged a late fee in accordance with
				  R.S.
				  32:1255(B).
B. The location of any off-site exposition
				  must be within the dealer's area of responsibility.
C. An off-site exposition of recreational
				  products is limited to a single dealer and shall not exceed nine
				  days.
D. A recreational products
				  dealer may have only four off-site expositions per calendar year and at the
				  same location only once each six months.
E. The number of vehicles at any off-site
				  exposition of recreational products will be left to the discretion of the
				  executive director.
F. The presence
				  of any sales personnel, business cards, brochures, pricing sheets and other
				  points of sales devices will be allowed to answer consumer questions. However,
				  recreational products cannot be delivered from the off-site exposition
				  location.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253(E) and
					 R.S.
					 32:1256.1(F).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 17 - Recreational Product Static Offsite Displays; Offsite Expositions › Section V-1703 - Static Offsite Displays

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  executive director must approve all offsite displays of recreational products.
				  A licensee's request to display recreational products at an offsite location
				  must be received by the commission seven days prior to the commencement of the
				  display.
B. The location of each
				  display must be within the licensee's defined area of responsibility for the
				  make and model to be displayed, if applicable.
C. Each offsite display will be limited to 30
				  days, unless the licensee submits a copy of the contract for the location of
				  the offsite display and then the display will be limited to the length of the
				  contract up to a six month period. There will not be a limit on the number of
				  offsite displays allowed per year, per licensee.
D. The number of recreational products at any
				  offsite display will be left to the discretion of the executive
				  director.
E. The presence of any
				  sales personnel, business cards, brochures, pricing sheets, or any other point
				  of sale device is strictly prohibited. The only pricing information allowed on
				  any vehicle(s) displayed will be the Maroney label which is required by federal
				  law or, with regard to recreational vehicles, the manufacturer's suggested
				  retail price.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253(E) and
					 R.S.
					 32:1256.1(F).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 17 - Recreational Product Static Offsite Displays; Offsite Expositions › Section V-1705 - Licensee Participation in a Rally [Formerly Section 1515]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Closed Rally
1. A closed rally is conducted and limited to
				  a single product line.
2. A closed
				  rally shall be subject to the provisions of
				  §1701 of this Chapter.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 17 - Recreational Product Static Offsite Displays; Offsite Expositions › Section V-1707 - Recreational Products Manufacturer's Display

Current through Register Vol. 50, No. 6, June 20, 2024
A. A recreational products manufacturer's
				  display is a product display arranged by a licensed manufacturer, distributor
				  or wholesaler to demonstrate its recreational products to the general public. A
				  licensee's request to display recreational products must be received by the
				  commission 30 days prior to the commencement of the display.
B. Each manufacturer's recreational products
				  display will be limited to 10 days.
C. The number of recreational products at any
				  manufacturer's display will be left to the discretion of the executive
				  director.
D. The manufacturer's
				  recreational products display may be manned by product specialists, but no
				  licensed recreational products dealer personnel will be allowed to participate
				  or work on the display site.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1253(E) and
					 R.S.
					 49:953(C).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 19 - Manufacturer, Distributor or Wholesaler License Application; Submission of MSO/MCO; Information Included › Section V-1901 - Manufacturer, Distributor or Wholesaler License Application; License Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				  application for a license as a vehicle manufacturer, distributor or wholesaler
				  required by
				  R.S.
				  32:1254 must be accompanied by a
				  manufacturer's statement/certificate of origin (MSO/MCO).
B. The MSO/MCO may be prepared at a factory,
				  assembly plant, or business authorized by the manufacturer. Although variations
				  exist, and MSO/MCO normally is 7"x11" in size, on paper stock 60 pound offset
				  or equivalent durability, and printed with security features that include:
1. sensitize security paper without added
				  optical brighteners that will not fluoresce ultraviolet light;
2. engraved border and prismatic-rainbow
				  printing with copy void pantograph (the word "void" appears when the document
				  is copied); and
3. two complex
				  colors (colors developed by using a mixture of two or more primary colors and
				  black) and two security threads, with or without watermark, and/or intaglio
				  print, with or without latent image, and/or security laminate.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 27 - The Used Motor Vehicle Commission › Section V-2701 - Meetings of the Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commission shall meet at its office in Baton Rouge, Louisiana on a date and
				  time to be fixed by the commission.
B. Special Meetings. Special meetings shall
				  be held upon call of the chairman by notice given to the members of the
				  Commission at least 48 hours prior to the time the meeting is to be held; such
				  notice may be given by telephone, facsimile, electronic mail or U.S.
				  Mail.
C. A public comment period
				  shall be held at or near the beginning of each board meeting. shall identify
				  himself and the group, organization or company he represents, if any. There
				  will be a maximum of 30 minutes per item for all public comments to be heard.
				  Additional time can be allowed by the chairman as he deems
				  reasonable.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:783(E)(1) and
					 R.S.
					 42:5(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 27 - The Used Motor Vehicle Commission › Section V-2703 - Quorum of the Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  quorum of the commission shall be established in accordance with those set for
				  public bodies,
				  R.S.
				  42:4.2(A)(3), as a majority
				  of total membership.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:783(A).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 27 - The Used Motor Vehicle Commission › Section V-2705 - Executive Director

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Executive Director of the Louisiana Used Motor Vehicle Commission shall be in
				  charge of the commission's office and shall conduct and direct the activities
				  thereof in the manner as directed by the commission. The employees of the
				  commission shall report to the executive director.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:783(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 27 - The Used Motor Vehicle Commission › Section V-2707 - Correspondence with the Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  All correspondence by letter with the commission shall be addressed to the
				  attention of the executive director.
B. Louisiana Used Motor Vehicle Commission
				  forms, applications and dealer aids are recognized as the commission official
				  forms for licensing and communication.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:783(E).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 27 - The Used Motor Vehicle Commission › Section V-2709 - Official Seal

Current through Register Vol. 50, No. 6, June 20, 2024
A. The official
				  seal of the Louisiana Used Motor Vehicle Commission shall be as follows. The
				  outline of the state of Louisiana with a small star denoting the approximate
				  location of Baton Rouge, which name appears to the left of the star. It shall
				  be bordered by the inscription, Louisiana Used Motor Vehicle
				  Commission.
B. The executive
				  director shall be the custodian of the official seal and shall affix the
				  imprint or the facsimile thereof to all license certificates issued by the
				  Louisiana Used Motor Vehicle Commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:783(D)(4).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 28 - Definitions › Section V-2801 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
Commission
or
the commission
shall refer to
				  the Louisiana Used Motor Vehicle Commission.
B. The word
person
as used
				  herein shall mean any natural or juridical person, firm, association,
				  corporation, trust partnership, limited liability company or any other legal
				  entity.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:783(D)(4).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 29 - Licenses to be Issued by the Used Motor Vehicle Commission › Section V-2901 - Persons to be Licensed

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				  enumerated under
				  R.S.
				  32:784(A) must be licensed
				  by the commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:784.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 29 - Licenses to be Issued by the Used Motor Vehicle Commission › Section V-2903 - Dealer Licenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. The dealer
				  license will only be issued in the legal name of the person as identified on
				  the application for dealer license.
B. A dealer's license shall consist of a
				  signed certificate bearing the official seal of the commission and the name and
				  address of the dealership and assigned a dealer number, which shall be posted
				  in a conspicuous place in the dealer's place or places of business.
C. Used motor vehicle dealers will be
				  assigned a license number to be prefixed with a "UD" designation.
D. Automotive dismantlers and parts recyclers
				  will be assigned a license number to be prefixed with a "AD"
				  designation.
E. Crushers will be
				  assigned a license number to be prefixed with a "CS" designation.
F. Dealers in used parts and accessories will
				  be assigned a license number to be prefixed with a "UP" designation.
G. Dealers who rent or who sell on a rent
				  with option to purchase program will be assigned a license number to be
				  prefixed with a "RD" number.
H.
				  Dealers who perform daily rentals will be assigned a "DR" number.
I. Used motor vehicle auctions will be
				  assigned an "AU" number.
J.
				  ...
K. A dealer who has multiple
				  places of business will be allowed from his salesperson's license to sell at
				  all places of business owned by him.
AUTHORITY NOTE :
					 Promulgated in accordance with
					 R.S.
					 32:784.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 29 - Licenses to be Issued by the Used Motor Vehicle Commission › Section V-2904 - Additional Licensing, Requirements for the Automotive Dismantler and Parts Recycler and Used Parts and Accessories Dealers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every automotive dismantler and recycler
				  issued an automotive dismantler's license and number will be permitted to
				  purchase and sell salvage vehicles and transfer motor vehicle titles for the
				  purpose of dismantling and selling the parts thereof to include the salvaged
				  vehicle with title.
B. An
				  automotive dismantler and parts recycler may offer a rebuilt, wrecked,
				  abandoned or repairable motor vehicle at wholesale only. If such vehicle is
				  offered for sale at retail, the dismantler will be operating as a used motor
				  vehicle dealer and is subject to licensing requirements and used motor vehicle
				  dealer rules and regulations thereof. However, an automotive dismantler and
				  parts recycler, duly licensed by the commission, shall have the authority to
				  transfer the certificate of title as dealer under the Louisiana Certificate of
				  Title Law, (i.e., transfer to another dealer without payment of tax). In order
				  to sell a vehicle at retail, an automotive dismantler and parts recycler must
				  be licensed hereunder as a used motor vehicle dealer providing a good and
				  sufficient bond, executed by the applicant as principal by a surety company
				  qualified to do business as surety in the sum of $50,000.
C. At least one salespersons license shall be
				  issued for each business. License fees charged and received by the commission
				  shall be the same as for all other salespersons licensed by the commission as
				  described in
				  R.S.
				  32:781(14).
D. Used parts and accessories are broadly
				  defined as any item removed from a used motor vehicle for the purpose of
				  resale.
E. License fees charged and
				  received by the commission for licenses issued on dealers in this section shall
				  be the same as for all other dealers licensed by this agency.
F. At least one salespersons license shall be
				  issued for each place of business. License fees charged and received by the
				  commission shall be the same as for all other salesmen licensed by the
				  commission as described in this section.
G. A surety bond will not be required for
				  dealers whose principal business is selling used parts.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:802.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 29 - Licenses to be Issued by the Used Motor Vehicle Commission › Section V-2905 - Qualifications and Eligibility for Licensure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission, in determining the
				  qualifications and eligibility of an applicant for a dealers license, shall:
1. verify that the applicant has an
				  established place of business properly zoned in the municipality;
2. maintain an office reasonably suited to
				  conduct the business of a used motor vehicle dealership and shall have an
				  enclosed building or structure easily accessible to the public at which place
				  the books, records, files and electronic data shall be maintained for
				  inspection, and shall not mean temporary structures such as stands, lean-tos,
				  or tents;
3. have a permanently
				  affixed sign, at a minimum of 16 square feet and subject to local zoning laws,
				  in front of the establishment which denotes that vehicles are offered for sale
				  at the place of business to which the sign is affixed. If two or more dealers
				  share a place of business, each dealer must display his own sign;
4. have a telephone number for the
				  established place of business which number shall be posted or displayed in or
				  at a place accessible to the public;
5. have a bond with an approved carrier in
				  accordance with
				  R.S.
				  32:791(G);
6. have the required garage liability
				  insurance policy on all vehicles offered for sale or used in any other capacity
				  in demonstrating or utilizing the streets and roadways in accordance with the
				  financial responsibility laws of the state and for those dealers who conduct
				  the business of daily vehicle rentals, a separate renters policy is in
				  effect;
7. demonstrate sufficient
				  business integrity, based upon the applicant's experience in the same or
				  similar businesses, his business history, and whether such applicant will
				  devote full or part time to the business;
8. not owe any outstanding fines for or have
				  any pending violations of the commissions laws or rules and
				  regulations;
9. not be an immediate
				  family member of, the former employee of, or a former business associate of a
				  dealer whose license was previously revoked or suspended by the commission, and
				  intends to operate the same or substantially the same business as operated by
				  the revoked licensee, or the revoked licensee will be participating in the
				  business.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 29 - Licenses to be Issued by the Used Motor Vehicle Commission › Section V-2907 - Retail Auctions Operating at a Place of Business Other Than the Establish Place of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. A dealer
				  licensed by the commission to conduct auctions at an established place of
				  business may conduct a public or retail auction for a specified period of time
				  at a place of business other than the dealers established place of business
				  after receipt of a license for the auction location. A licensed dealer which
				  conducts a public or retail auction at a place of business other than the
				  dealers established place of business shall include the address and telephone
				  number of dealers established place of business together with a telephone
				  number to be used during the auction on all signs and bills of sale and shall
				  obtain a public retail auction license for the auction location prior to
				  advertising the auction.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:791.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 31 - License for Salesperson › Section V-3101 - Qualifications and Eligibility for Licensure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Commission, in determining the
				  qualifications and eligibility of an applicant for a salesperson license, will
				  base its determinations upon the following factors:
1. The applicant's business
				  integrity.
2. A license for a
				  salesperson will not be issued, renewed or endorsed until the employing dealer
				  is licensed and has certified that the applicant for said license is in his
				  employ and applicant is listed on the insurance statement and covered under the
				  dealer's garage liability insurance policy. All salespersons licenses will be
				  sent to the dealer for distribution to the respective applicants, and the
				  dealer will determine that all its personnel required to obtain licenses have
				  done so.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 37 - Changes or Closures to be Reported to Commission › Section V-3701 - Changes and Closures to be Reported to Commission and Fee Assessment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any changes of
				  address, ownership or employment by a licensee shall:
1. be reported to the commission within three
				  business days of the change.
2.
				  include a fee of $100 for each time a dealer changes his place of
				  business;
3. require a site
				  inspection performed by a commission compliance investigator.
4. shall complete the commissions closure of
				  business form within three business days prior to closure.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 39 - Business Transactions › Section V-3901 - Register of Business Transactions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every used motor vehicle dealer and
				  automotive dismantler and parts recycler shall keep a register and/or records
				  of all purchases and sales of motor vehicles for three years from the date of
				  purchase or sale, showing the make, model, year, style, vehicle identification
				  number, and name and address of the purchaser or seller of the motor vehicle.
				  Such records shall include all titles, bills of sale, temporary tag books,
				  monthly sales reports, consignment agreements, and inventory and parts records.
				  A salvage pool or salvage disposal sale must maintain a register of all
				  purchases and sales of motor vehicles for three years from the date of purchase
				  or sale, showing the make, model, year, style, vehicle identification number,
				  and name and address of the purchaser or seller of the motor vehicle. Such
				  registers shall include all titles. The salvage pool or salvage disposal sale
				  may maintain its records electronically.
B. Such registers and/or records shall be
				  made available for inspection by the commission or identified law enforcement
				  officers of the state, parish and municipality where the business of the used
				  motor vehicle dealer, automotive dismantler and parts recyclers, salvage pool
				  or salvage disposal sale is located, during reasonable business hours or
				  business days.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:757. A-B.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 43 - License Renewal › Section V-4301 - Period for Renewals

Current through Register Vol. 50, No. 6, June 20, 2024
A. Completed
				  application packages shall be submitted by November 1 of the year. If
				  applications have not been made for renewal of existing licenses, such licenses
				  shall expire December 31 and it shall be illegal for any person to represent
				  himself as a dealer thereafter.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:774.B(4).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 44 - Educational Seminar › Section V-4401 - Required Attendance (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:791(B) (3), 802 (D), 811
					 (B).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 44 - Educational Seminar › Section V-4402 - Pre-License Educational Seminar

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Every applicant for an initial used motor vehicle dealers license is required
				  to attend a pre-license seminar.
B.
				  The seminar shall be conducted by the employees of the Commission.
C. The seminar will be held at such time and
				  place to be determined by the Commission upon reasonable notice.
D. For the pre-license seminar, the
				  commission shall include materials and discussion on the following areas of
				  law: the Used Motor Vehicle Commission, the Motor Vehicle Sales Finance Law,
				  the Office of Motor Vehicles, the Department of Public Safety and Corrections,
				  the Department of Revenue, and any other information the commission deems
				  necessary to educate attendees and their employees with regard to compliance
				  with the law.
E. The seminar shall
				  not exceed six hours in length.
F.
				  No tests are required for completion of the pre-license educational
				  seminar.
G. Upon applying for a
				  license from the Commission, the applicant must attach a copy of the
				  certificate of completion which:
1. documents
				  that the dealerships owner, partner, officer, or local dealership manager has
				  completed the pre-license seminar; and
2. shall be issued by the commission and
				  shall list the participants name, his position with the applicant, the name of
				  the dealership, the address of the dealership, the date of completion and the
				  signature of the instructor.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 44 - Educational Seminar › Section V-4403 - Certification (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:791(B) (3), 802 (D), 811
					 (B).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 44 - Educational Seminar › Section V-4404 - Post-License Educational/Continuing Seminar

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every applicant seeking to renew a used
				  motor vehicle dealers license is required to attend a post-license/continuing
				  educational seminar prior to renewal of the license.
B. The post-license/continuing educational
				  seminar shall:
1. have a program and
				  materials approved by the commission;
2. focus on developments and changes in the
				  law, rules and regulations and policy and procedures which effect their
				  business and which arise in the two years since the renewal of their
				  license;
3. not exceed four hours
				  in length;
4. be conducted in
				  person or online via the internet; and
5. require attendees or participants to
				  complete a test as follows:
a. the test shall
				  be comprised of 10 questions approved by the commission; and
b. require attendees or participants to
				  obtain a minimum score of 70 percent in order to receive credit for
				  satisfactory completion of the seminar.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 44 - Educational Seminar › Section V-4405 - Educational Program (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:791(B)(3), 802(D),
					 811(B).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 45 - Complaints › Section V-4501 - Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. All complaints
				  made to the commission must be made on the complaint form provided by the
				  commission.
B. All complaints shall
				  include documents which support the complainants claim.
C. The commission shall mark each complaint
				  received on the date it is received which shall designate the date upon which
				  the complaint is filed.
D. The
				  commission shall assign a case number for each complaint received.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:776(A)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 47 - Procedure for Adjudications before the Used Motor Vehicle Commission › Section V-4701 - General Provisions on Hearings [Formerly Section 4707]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice of
				  Hearing. The notice of hearing shall comply with the requirements of
				  R.S.
				  32:785(B)(2).
B. Service of Notice. The notice of hearing
				  shall be served:
1. by a compliance
				  investigator on the licensee either personally or at its place of business on
				  the licensee's employee (if service is made in this manner, the compliance
				  investigator shall sign the acknowledgment of service); or
2. through the office by certified or
				  registered mail (the return receipt shall serve as acknowledgment of
				  service);
3. the return of service
				  shall be filed into the case record.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 47 - Procedure for Adjudications before the Used Motor Vehicle Commission › Section V-4703 - Restitution

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission
				  may in its discretion order restitution as follows.
1. The intent of restitution is to restore
				  the complainant to their position as it existed prior to the licensees
				  violation.
2. Restitution may only
				  be rewarded for compensatory or actual loss incurred by the complainant as a
				  direct result of the licensees violation and shall not be include general
				  damages.
3. The executive director
				  may include restitution within a stipulated order.
4. The commission may order restitution only
				  after a hearing on a violation and only upon proof submitted by the complainant
				  of compensatory or actual loss.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 47 - Procedure for Adjudications before the Used Motor Vehicle Commission › Section V-4705 - Hearing Committee (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:776.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 47 - Procedure for Adjudications before the Used Motor Vehicle Commission › Section V-4707 - General Provisions on Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice of Hearing. The notice of hearing
				  shall comply with the requirements of
				  R.S.
				  32:785(C) and
				  R.S.
				  49:955.
B. Service of Notice. The notice of hearing
				  shall be served:
1. by a field investigator
				  on the licensee either personally or at its place of business on the licensee's
				  employee (if service is made in this manner, the field investigator shall sign
				  the acknowledgment of service); or
2. through the office by certified or
				  registered mail (the return receipt shall serve as acknowledgment of
				  service).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 47 - Procedure for Adjudications before the Used Motor Vehicle Commission › Section V-4709 - Hearings on Application Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Any person whose application for license has been denied in accordance with
				  R.S.
				  32:785(A)(3) shall be
				  provided written notice by certified or registered mail that the application
				  has been denied, the grounds for which the application has been denied and that
				  the applicant has the right to appeal to the Commission by making a written
				  request for the appeal within 30 days following the receipt of the denial. No
				  appeals will be considered beyond 30 days from the receipt of the
				  denial.
B. Based on the applicants
				  written request, the commission will assign the appeal to be heard at the next
				  available commission meeting.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:785.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 2 - Used Motor Vehicles › Chapter 47 - Procedure for Adjudications before the Used Motor Vehicle Commission › Section V-4710 - Interlocutory Cease and Desist Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. The executive director may issue an
				  interlocutory cease and desist order:
1. to
				  prohibit and/or enjoin any activity which is a violation of the commissions
				  laws and rules and regulations and poses a threat to the public;
2 upon sufficient proof that a person or
				  licensee has committed or is committing a violation and is posing a threat to
				  the public. All proof must filed and attached to the interlocutory cease and
				  desist order, and reasons given for the issuance must be
				  assigned.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 71 - General Provisions › Section V-7101 - Louisiana Motor Vehicle Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The Louisiana Motor Vehicle Sales Finance Act is administered by the Louisiana
				  Motor Vehicle Commission.
B. The
				  office and domicile of the Louisiana Motor Vehicle Commission is 3519 Twelfth
				  Street, Metairie, LA 70002.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 6:969.40(D).