reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 2 - Delivery and Preparation Obligations to Dealers › Rule 30-1301-2.2 - Definitions

Current through June 25, 2024
As used herein:
1. The term "Act" means the Mississippi Motor Vehicle
				  Commission Act.
2. The term "Commission" means the Mississippi Motor Vehicle
				  Commission.
3. The term "Consumer" means the first purchaser or retail
				  buyer of a vehicle from the dealer for the purposes other than resale.
4. The term "dealer" means "motor vehicle dealer" as defined
				  in Section 3(2) of the Act.
5. The term "delivery and preparation obligations" means all
				  work and services performed on vehicles by dealers in fulfilling the reasonable
				  requirements for such work and services by manufacturers prior to the delivery
				  of such vehicles to consumers.
6. The term "manufacturer" means "manufacturer",
				  "distributor", "wholesaler", "factory branch", or "distributor branch" as
				  defined in Section 3 of the Act.
7. The term "vehicle" means a new motor vehicle or one
				  within the period of factory warranty.
8. The term "warranty work" means all work and service
				  performed and all parts installed by dealers on vehicles in which are
				  reasonably incurred by dealers (other than the expenses incurred in performing
				  work and services and installing parts on vehicles) in fulfilling warranty
				  obligations of manufacturers to consumers, including but not limiting to the
				  expense of shipping or returning defective parts to the manufacturer when
				  required by the manufacturer, and the expenses of long distance telephone calls
				  or telegraphic messages to the manufacturer concerning defective parts or other
				  matters with respect to warranty work.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 2 - Delivery and Preparation Obligations to Dealers › Rule 30-1301-2.3

Current through June 25, 2024
Rule 2.4 thru 2.10 of the regulations are based on
				  Sections 6A (9) of the Act.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 2 - Delivery and Preparation Obligations to Dealers › Rule 30-1301-2.4 - Duty of manufacturers to specify delivery and preparation obligations of dealers

Current through June 25, 2024
Each manufacturer shall specify in writing the reasonable
				  delivery and preparation obligations of its dealers with respect to vehicles to
				  which the obligations are applicable prior to delivery of such vehicles to
				  consumers.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 2 - Delivery and Preparation Obligations to Dealers › Rule 30-1301-2.5 - Duty of dealers to perform delivery and preparation obligations

Current through June 25, 2024
It shall be the duty of dealers to perform their delivery
				  and preparation obligations with respect to vehicles in accordance with the
				  reasonable requirements of the manufacturer thereof prior to delivery of such
				  vehicles to consumers.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 2 - Delivery and Preparation Obligations to Dealers › Rule 30-1301-2.6 - Payment to motor vehicle dealers for performance of their delivery and preparation obligation

Current through June 25, 2024
It is legislative intent of the Act that the work and
				  services performed by dealers as required of them by their manufacturers in
				  preparing vehicles for delivery to the ultimate consumer is a continuation and
				  finalization of the manufacturing and inspection process by such dealers for
				  such manufacturers, and that since subsection A(9) of Section 6 of the Act is
				  mandatory in its requirement that manufacturers shall pay their dealers a
				  reasonable sum for such work and services any device used by such manufacturers
				  to avoid such payment shall be deemed a violation of the letter, spirit and
				  intent of the Act. Each manufacturer with respect to vehicles upon such work
				  and services are preformed shall make payment within the time and in the manner
				  following.
1. Payment shall be made
				either in cash or by check, or, if a dealer is from time to time routinely
				indebted to the manufacturer in the normal course of business, by a credit to
				the dealer's account.
2. Payment
				shall be made or credit allowed, as the case may be, within 30 days from the
				date the dealer's statement for such work and services is approved.
3. If payment is made by way of credit, or
				partly by the way of credit and partly by cash or check, the dealer shall be
				mailed a credit memorandum in the amount of the credit within 30 days from the
				date the dealer's statement for work and services if approved.
4. Dealers' claims for such work and services
				shall be either approved or disapproved within 30 days after their receipt by
				the manufacturer, its agents, or employees, and when any such claims are
				disapproved, the dealer who submits the same shall be notified in writing of
				their disapproval within said period of time, and such notice shall state the
				specific grounds upon which the disapproval is based.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 2 - Delivery and Preparation Obligations to Dealers › Rule 30-1301-2.7 - Delivery and preparation obligations and statement of compensation; filing; and reasonableness of compensation

Current through June 25, 2024
Each manufacturer shall file with the Commission a copy of
				  the written delivery and preparation obligations of its motor vehicle dealers
				  and all statements of compensation to be paid to such dealers for the work and
				  services they shall be required to perform in connection with such delivery and
				  preparation obligations 60 days before such delivery and preparation
				  obligations and statements of compensation become applicable.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 2 - Delivery and Preparation Obligations to Dealers › Rule 30-1301-2.8 - Determination of reasonableness of compensation

Current through June 25, 2024
Compensation to be paid to the dealers for performing work
				  and services in connection with their delivery and preparation obligations
				  shall be deemed prima facie reasonable if arrived at in the following
				  manner:
1. Time Allowances: Each
				manufacturer shall make time studies in determining the time required to
				perform each function required of a dealer in performing his delivery and
				preparation obligations. The aggregate time requirements for all such functions
				shall be expressed in hours or fractional parts of an hour. The time studies
				shall be:
a. Conducted by competent persons
				experienced in making such studies;
b. Conducted by timing mechanic or
				technicians of average ability and speed; conducted under average dealership
				conditions using standard hand-tools, recommended special service tools and
				standard dealer equipment such as hoists, floor jacks, and stands, avoiding
				shortcuts or methods which could result in poor workmanship and avoiding the
				use of special time-saving tools such as impact wrenches.
After the aggregate time for all functions has been thus
				  determined, additional time allowances shall be made for shop and mechanic
				  operating variables based on invoice pricing as follows:
*Invoice Price
Additional allowance
*Invoice Price
Additional allowance
*Invoice Price
Additional allowance
$2000 & Under
.0
$3201-3600
.4
$4801-5200
.8
$2001-2400
.1
$3601-4000
.5
$5201-5600
.9
$2401-2800
.2
$4006-4400
.6
$5601-6000
1.0
$2801-3200
.3
$4401-4801
.7
$6001-up
1.0
*Net dealer price of car, options and accessories.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 2 - Delivery and Preparation Obligations to Dealers › Rule 30-1301-2.9 - Statement of Compensation

Current through June 25, 2024
There shall be incorporated in all statements of
				  compensation required to be filed under the provisions of Rule 2.7 or this
				  rule:
a. The time allowances arrived
				under the provisions of subsection one of this Rule 2.8; and
b. The method of arriving at an hourly labor
				rate to be used in computing the amount to be paid dealers for their work and
				services in connection with the performance of their delivery and preparation
				obligations.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 2 - Delivery and Preparation Obligations to Dealers › Rule 30-1301-2.10 - Payments to dealers for parts, work and services not shown on statements of compensation

Current through June 25, 2024
When it becomes necessary for dealers, preparatory to their
				  delivery of vehicles to the consumer, to perform work and services and install
				  parts not included in the manufacturers' statements of compensation mentioned
				  in Rule 2.9 of these regulations, such work, services and parts shall be paid
				  for by the manufacturers as warranty work in accordance with the requirements
				  hereinafter set forth, provided that the necessity for the performance of such
				  work and services and the installation of such parts is not proximately caused
				  by the negligent act or acts of dealers or their agents or
				  employees.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 2 - Delivery and Preparation Obligations to Dealers › Rule 30-1301-2.11 - Warranty Work

Current through June 25, 2024
1. This Rule 2.11
				and Rules 2.12 and 2.13 of these regulations are based on Section 6A(10) of the
				Act.
2. Mandatory REQUIREMENTS OF
				ACT: Section 6A(10) of the Act makes it mandatory:
a. The manufacturers adequately and fairly
				compensate their dealers for I) the labor they perform, II) the parts they use,
				and III) the incidental expenses they incur in connection with their
				performance of warranty work; and
b. That manufacturers pay to their dealers
				who perform warranty work for them a labor rate per hour for such work not less
				than that charged by any such dealer to its retail customers.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 2 - Delivery and Preparation Obligations to Dealers › Rule 30-1301-2.12 - Incidental expenses

Current through June 25, 2024
Manufacturers shall pay their dealers the actual amount of
				  the incidental expenses incurred by them in connection with the performance of
				  their warranty work.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 2 - Delivery and Preparation Obligations to Dealers › Rule 30-1301-2.13 - Payment to dealers for warranty work, parts and incidental expenses

Current through June 25, 2024
Manufacturers shall make payment to each of their dealers
				  for the performance of their warranty work, their warranty parts used and the
				  actual amount of the incidental expenses they incur with respect thereto within
				  the time and the manner following.
1.
				Payment shall be made either in cash or by check, if dealer is from time to
				time routinely indebted to the manufacturer in the normal course of business,
				by a credit to the dealers account.
2. Payment shall be made or credit allowed as
				the case may be, within 30 days from the date the dealer's statement for such
				work, and services is approved.
3.
				If payment is made by way of credit, or partly by the way of credit and partly
				by cash or check, the dealer shall be mailed a credit memorandum in the amount
				of the credit within 30 days from the date the dealer's statement for such work
				and services is approved.
4.
				Dealer's claim for payment shall be either approved or disapproved within 30
				days after their receipt, and when any such claims are disapproved the dealer
				who submits the same shall be notified in writing of their disapproval within
				said period of time, and such notice shall state the specific grounds upon
				which disapproval is based.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 2 - Delivery and Preparation Obligations to Dealers › Rule 30-1301-2.14

Current through June 25, 2024
This regulation shall take effect and be in force
				  from and after February 1, 1972.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 3 - Off Premises Display and Sale Guidelines › Rule 30-1301-3.1

Current through June 25, 2024
Displays away from premises, except as otherwise provided in
				  subdivisions (1) of the Rule. A dealer shall make all displays at the licensed
				  established place of business.
1. A
				dealer may conduct display(s) at additional locations subject to a phone call
				to the Commission Director, followed up with a letter stating the place and
				dates, and a copy of your territory assigned by the factory or distributor.
a. The off premises display is held in your
				territory, assigned by the factory or distributor.
b. Display vehicle and / or vehicles not for
				sale must be locked and unattended without literature.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 3 - Off Premises Display and Sale Guidelines › Rule 30-1301-3.2 - Off-Premises Sales Guidelines

Current through June 25, 2024
Sales away from premises. Except as otherwise provided in
				  Rule 3.3 and 3.4 of this rule, a dealer shall make all sales at the licensed
				  established place of business.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 3 - Off Premises Display and Sale Guidelines › Rule 30-1301-3.3

Current through June 25, 2024
A
dealer may make a sale at the home of
				  place of business of a customer.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 3 - Off Premises Display and Sale Guidelines › Rule 30-1301-3.4

Current through June 25, 2024
A dealer may conduct sales at additional location subject to
				  written authorization issued by the Mississippi Motor Vehicle Commission. Such
				  authorization will be considered if:
A.
				Must have written approval from factory or distributor giving permission to
				participate in the sale, a copy of your territory assigned by the factory or
				distributor, and a copy of the written agreement with the location owner /
				lessor. Copies of the written approvals must be in the Motor Vehicle Commission
				Office at least 15 days prior to the 3rd Wednesday
				of the month.
B. The off premises
				sale is held in your territory, assigned by the factory or
				distributor.
C. The dealership man
				a booth or desk at the away from premises location which has the dealers name
				prominently displayed and at which location written authorization from the
				Commission kept throughout the sale.
D. The dealer can participate in 2 away sales
				within a calendar year.
E. The sale
				is to be of 10 days duration or less. 12 hours prior to start of the sale and
				12 hours immediately following termination will be allowed for assembling and
				dismantling respectively.
F.
				Neither the dealer nor the away from premises location is presently on
				probation.
G. No request will be
				approved beyond 60 days prior to the sale.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 3 - Off Premises Display and Sale Guidelines › Rule 30-1301-3.5 - Satellite location

Current through June 25, 2024
An extension of the primary location, within the territory
				  assigned by the manufacturer and / or distributor, (excluding heavy truck,
				  specialty vehicles, & motorcycles).
A. The dealer must have:
(1) Written approval from the factory and /
				or distributor giving permission to build a satellite location;
(2) Planning volume for new vehicles at this
				location;
(3) and written
				authorization issued by the Mississippi Motor Vehicle Commission. Such
				authorization will be issued when the satellite guidelines are met.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 5 - Changes in Dealership › Rule 30-1301-5.1 - Name Change

Current through June 25, 2024
Whenever a licensee of the Commission changes the name under
				  which license was issued, the licensee shall provide written notice of the name
				  change to the Commission prior to the effective date of the name change, and
				  the Commission shall make the appropriate notations in its
				  records.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 5 - Changes in Dealership › Rule 30-1301-5.2 - Corporate Ownership Change

Current through June 25, 2024
Any change in stock ownership in a corporate licensee of the
				  Commission shall be reported to the Commission, in writing, within five (5)
				  days of the manufacturer's approval of the change. If the change is stock
				  ownership involves a person or entity that was not among the principals in the
				  initial application, or in any application on file with the Commission, the
				  Commission may require information regarding the financial standing and
				  business integrity of the new stock owner.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 6 - Standard for a Salesperson › Rule 30-1301-6.1 - Amendment

Current through June 25, 2024
a. Criteria for Securing a Salesman License.
				Employed by or provide services to a Motor Vehicle Dealer relating to the sales
				or lease of new motor vehicles.
b.
				Good moral character, honesty, high ethical standards.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 6 - Standard for a Salesperson › Rule 30-1301-6.2

Current through June 25, 2024
Conduct which is presumptively does not meet these
				  standards include conduct that resulted in:
1. Conviction of a felony.
2. Conviction of a misdemeanor involving
				misrepresentation dishonest conduct or breach of fiduciary duties.
3. Termination of previous employment for
				dishonest conduct.
4. Repetitive
				violations of law.
5. Civil
				penalties for fraud or misrepresentation.
6. Subject to cease & desist order
				prescribing misrepresentation or failure to disclose.
7. Adjudicated to have misrepresented or
				failed to disclose material facts in a court or administrative proceeding.
Any applicant who is subject to any of the foregoing actions
				  shall be given an opportunity to appear before the Commission to present any
				  mitigating circumstances.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 7 - Vehicle Protection Product Warrantors Administrative Rules › Rule 30-1301-7.1 - Authority

Current through June 25, 2024
The rules are promulgated under the authority of the
				  Mississippi Motor Vehicle Code §
									63-17-69
				  and House Bill 844, Section 13.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983) and House Bill 844, Section 13.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 7 - Vehicle Protection Product Warrantors Administrative Rules › Rule 30-1301-7.2 - Definitions

Current through June 25, 2024
The following words and terms, when used in the rule, have
				  the following meanings, unless the context clearly indicates otherwise.
1. Applicant A person who submits to the Commission an
				  application to be a warrantor of vehicle protection products.
2. Financial statements A balance sheet, income statement,
				  statement of cash flows, and a statement of equity reflecting the financial
				  condition of the subject, prepared by an independent certified public
				  accountant in accordance with generally accepted accounting principles.
3. Net Worth The excess of total assets over total
				  liabilities as reflected in audited financial statements.
4. Nonpublic personal information Information regarding an
				  individual that is derived from the offering of vehicle protection products and
				  vehicle protection product warranties, the sale of such products and
				  warranties, and claims made under such warranties.
A. The term includes:
i. customer financial and credit information,
ii. information concerning the price paid for a vehicle
				  protection product or vehicle protection product warranty,
iii. the type of vehicle protection product
				  purchased,
iv. the terms and conditions of any warranty,
v. the expiration date of any warranty,
vi. the facts and circumstances involved in any claim made
				  on a warranty,
vii. the claim history of an individual,
viii. social security numbers, and,
ix. information prohibited from disclosure by state and
				  federal statue.
B. The term does not include customer name, addresses, and
				  telephone numbers.
5. Registrant A person approved by the Commission to be a
				  warrantor of vehicle protection products.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983) and House Bill 844, Section 13.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 7 - Vehicle Protection Product Warrantors Administrative Rules › Rule 30-1301-7.3 - Registration and Renewal Requirements - General

Current through June 25, 2024
a. No
				person may operate as, or offer to be, a warrantor of vehicle protection
				products sold or offered in this state without holding a current registration
				issued by the Commission, unless the person is exempt under HB844, Section
				4.
b. Registration is valid for one
				year from July 1 and must be renewed prior to expiration.
c. The required fee must accompany an
				application.
d. Falsification of
				information on an application is cause for denial, suspension, or revocation of
				a registration and / or assessment of an administrative penalty. MMVC Law
				63-17-85; HB844 Section 11(4).
e. A
				complete application for registration renewal must be submitted on an approved
				Commission form with all required fees and proof of financial security as
				required. The application for registration renewal must be filed by the
				expiration date, or the registration will expire.
f. Non-receipt of registration renewal notice
				from the Commission does not exempt a person from any requirement of this
				rule.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983), §
										63-17-85,
				  and House Bill 844, Section 11(4).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 7 - Vehicle Protection Product Warrantors Administrative Rules › Rule 30-1301-7.4 - Registration Requirements - Financial Security Requirements

Current through June 25, 2024
a. Each applicant and registrant may comply
				with the financial security requirement under Mississippi HB844, Section
				5(2)(a) by submitting to the Commission the information required by one of the
				following four paragraphs.
1. proof of
				reimbursement insurance policy described in Mississippi Code, HB844, Section
				5.1(b); the reimbursement insurance policy must include the "Vehicle Protection
				Product Warrantor MS Endorsement" prescribed by the executive director or
				equivalent language.
2. an audit
				report and audited financial statements for the most recent fiscal year which
				demonstrate either the applicant or the registrant, or the parent corporation
				of the applicant or registrant, if there is one, had a net worth in excess of
				$50 million as of the end of its most recent fiscal year; HB844, Section
				5(2)(a).
3. the audit report of an
				independent certified public accountant stating the auditor's unqualified
				opinion concerning the financial statements of the applicant or registrant as
				of the end of its most recent fiscal year, together with a certification from
				the same accountant who performed the audit that the applicant or registrant
				had a net worth in excess of $50 million as of the end of the period audited:
				or
4. the audit report of an
				independent certified public accounting stating the auditor's unqualified
				opinion concerning the financial statements of the parent corporation of the
				applicant or registrant as of the end of the parent corporation's most recent
				fiscal year, together with a certification from the same accountant who
				performed the audit of the parent corporation that had a net worth in excess of
				$50 million as of the end of the period audited.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 7 - Vehicle Protection Product Warrantors Administrative Rules › Rule 30-1301-7.5 - Responsibilities of Registrant

Current through June 25, 2024
a. A registrant
				must provide the following written notification to all consumers of its vehicle
				protection product and warranties: "Regulated by the Mississippi Motor Vehicle
				Commission, 1755 Lelia Drive, Suite 200, Jackson, MS 39216, 601-987-3995". The
				notification shall be provided on all warranty contracts.
b. A registrant shall notify the Commission
				in writing with thirty (30) days of any change in the information set forth in
				the registrant's application.
c. A
				registrant shall allow the Commission to audit, examine, and copy any and all
				records maintained by the registrant pursuant to Mississippi Code, or relating
				to vehicle protection products sold or offered for sale in this
				state.
d. A registrant shall
				provide a copy of the vehicle protection product warranty to the consumer
				within 10 days from the date of purchase.
e. A registrant shall not disclose nonpublic
				personal information obtained in connection with the sale in this state of a
				vehicle protection product warranty or claims made under such a warranty
				except:
1. to an entity acting on behalf of
				the registrant to perform the functions required to implement the vehicle
				protection product warranty who agrees not to disclose the nonpublic personal
				information;
2. to the commission
				as provided in subsection (c); or
3. as required by law or to comply with a
				subpoena or court order.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 7 - Vehicle Protection Product Warrantors Administrative Rules › Rule 30-1301-7.6 - Fees

Current through June 25, 2024
a. All fees are non-refundable.
b. The original registration fee for a
				warrantor of vehicle protection products shall be $600.
c. The renewal registration fees shall be
1. $600 for registrants who become obligated
				as warrantors
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 8 - Motor Vehicle Dealer Document/Service Fee - Disclosures › Rule 30-1301-8.1 - Motor Vehicle Dealer Document/Service Fee - Disclosures

Current through June 25, 2024
A. A Document/Service Fee (Fee) may be
				charged by a motor vehicle dealer for services rendered to, for, or on behalf
				of a purchaser in preparing, handling, and processing documents relating to the
				sale or lease of a motor vehicle.
B. The Fee must:
1. be reasonable and based on the market
				price of the services rendered; and
2. be directly related to the preparation and
				processing of documents; and
3. be
				related to activities required to comply with local, state, or federal law
				concerning motor vehicle sales; and
4. be charged to all purchasers and lessees
				of vehicles regardless of the payment method (i.e., cash or credit); and
5. be disclosed as a separate
				itemized charge with the exact dollar amount of the Fee listed on the buyer's
				order and bill of sale; and
6. not
				include costs associated with the preparation of a retail installment contract,
				the lease, or perfection of a security interest; and
7. not include any finance charge; and
8. not exceed $425.00.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 9 - Administrative Fee › Rule 30-1301-9.1

Current through June 25, 2024
Motor Vehicle Dealer Manufacturer, Distributor, wholesaler,
				  factory branch, and division and all Manufacturer, Distributor, and wholesale
				  representative fee.
a. Each Motor
				Vehicle Manufacturer, Distributor, wholesaler, factory branch, and divisions
				will be assessed a two hundred dollar ($200.00) administrative fee upon initial
				application and any future renewal of licensures. Each representative of a
				Manufacturer, Distributor, and wholesaler will be assessed a two hundred dollar
				($200.00) administrative fee upon initial application and any future renewal of
				licensures.
b. Each Motor Vehicle
				Protection Product Warrantor will be assessed a two hundred dollar ($200.00)
				administrative fee upon initial application and any future renewal of
				licensures.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 10 - Staff Sales Events › Rule 30-1301-10.1 - Staffed Sales Events

Current through June 25, 2024
Rule ten establishes the requirements for conducting a
				  staffed event sale. A staffed event sale is defined as an activity, usually
				  lasting three (3) to five (5) days, designed to promote, solicit, or encourage
				  a consumer to purchase a motor vehicle, conducted by a non-licensed entity with
				  the use of temporary motor vehicle sales personnel.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 10 - Staff Sales Events › Rule 30-1301-10.2

Current through June 25, 2024
All staffed event sales must be approved by the Mississippi
				  Motor Vehicle Commission prior to the proposed staffed event sale. Each
				  approval is good for one sale and must be granted each time a dealership uses a
				  staffed event company.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 10 - Staff Sales Events › Rule 30-1301-10.3

Current through June 25, 2024
An application to conduct a staffed event sale, on such form
				  established by the Commission, must be received from a licensed motor vehicle
				  dealer at least fifteen (15) days prior to the scheduled first day of the
				  proposed staffed event sale. The packet contains three parts: Preferred
				  Provider Application Form, Dealer Application Form, and Staffed Event Personnel
				  Application. Each of these forms must have the original signatures and
				  notarized by before they are submitted. In addition to these forms, there is a
				  roster that should be completed that condenses the salespeople that will be
				  attending the sale on behalf of the preferred provider. The forms will provide
				  the following information and must be received before a staffed event sale can
				  be approved:
* The name of the company engaged by the applying dealer to
				  conduct the staffed event sale.
* The company's physical address and mailing address.
* The full name, home address, and social security number of
				  the owner of the company engaged by the dealer to conduct the staffed event
				  sale.
* The names and addresses of at least three new car dealers
				  that have contracted with the staffed event sales company in the past two
				  years, together with the owners names and telephone number for each
				  dealer.
* The full names, home addresses, and social security number
				  of any sales personnel employed by the company conducting the staffed event
				  sale who will be participate in the staffed event sale.
* The sale dates and dealership contact information for the
				  sales event conducted by the staffed event company.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 10 - Staff Sales Events › Rule 30-1301-10.4

Current through June 25, 2024
The mailer that is to be used for staffed sales events needs
				  to be received along with the packet or via electronic mail. This must be done
				  prior to the printing and approval by the Mississippi Motor Vehicle Commission
				  staff will be granted once the mail piece is in compliance with Rule
				  4.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 10 - Staff Sales Events › Rule 30-1301-10.5

Current through June 25, 2024
A sales person that has not been previously licensed in our
				  state in the last year will have to have a background check. And administrative
				  fee of $40.00 to conduct the background check must be received for each name
				  submitted as part of the staffed event sale company's on-site personnel. This
				  fee is in addition to the regular licensing fee of $10.00 per salesperson that
				  is needed to issue license for the sales event.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 11 - Specialty Vehicles › Rule 30-1301-11.1 - Specialty Vehicles

Current through June 25, 2024
Rule eleven establishes that all second stage or "Specialty
				  Vehicle" manufacturers must be a licensed Mississippi Motor Vehicle
				  Manufacturer or Dealer. This requirement may be met by having Mississippi
				  licensed salespersons representing said manufacturers in lieu of an actual
				  facility located in the State of Mississippi.
Mississippi governmental entities, political subdivisions
				  including Volunteer Fire Associations therein, may at their discretion exempt
				  themselves by the way of contractual purchases from Rule Eleven and the
				  protections provided by the Mississippi Motor Vehicle Commission. When this
				  exemption is exercised, written notice to the Mississippi Motor Vehicle
				  Commission is required.
The Mississippi Motor Vehicle Commission shall not impose
				  any additional fees on second stage or "Specialty Vehicles" purchased outside
				  the State of Mississippi.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 12 - Export Chargeback Procedures › Rule 30-1301-12.1 - Definitions

Current through June 25, 2024
Terms used herein that are defined in Section
				  63-17-53
				  shall have the meaning ascribed in that statutory section.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983) and §
										63-17-53.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 12 - Export Chargeback Procedures › Rule 30-1301-12.2 - Prohibited Conduct

Current through June 25, 2024
Notwithstanding any franchise or other contractual
				  provision, policy or procedure to the contrary, no manufacturer, distributor,
				  wholesaler, distributor branch or division, factory branch or division, or
				  wholesaler branch or division may;
1.
				Refuse to allocate, sale, or deliver motor vehicles to a motor vehicle
				dealer;
2. Charge back or withhold
				payments or other things of value for which a motor vehicle dealer is otherwise
				eligible;
3. Prevent a motor
				vehicle dealer from participating in any promotion, program, or
				contest;
4. Threaten to take any
				prejudicial to the motor vehicle dealer by threatening to cancel any franchise
				or any contractual agreement existing between the manufacturer, distributor,
				wholesaler, distributor branch or division, factory branch or division, or
				wholesaler branch or division and motor vehicle dealer; because the motor
				vehicle dealer sold or leased a motor vehicle to a customer who exported the
				vehicle to a foreign country, unless the manufacturer demonstrates that the
				motor vehicle dealer knew or reasonably should have known that the customer
				intended to export the vehicle.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 12 - Export Chargeback Procedures › Rule 30-1301-12.3 - Hearing

Current through June 25, 2024
1. A manufacturer, distributor, wholesaler,
				distributor branch or division, factory branch or division, or wholesaler
				branch or division may not take any action against a motor vehicle dealer,
				including without limitation, reducing its allocations or supply of motor
				vehicles to the motor vehicle dealer, or charging back a motor vehicle dealer
				for an incentive payment previously paid, unless the manufacturer first meets
				in person, by telephone, video conference, or by registered mail with an
				officer or other designated employee of the motor vehicle dealer.
2. At such meeting, the manufacturer must
				provide a detailed explanation, with supporting documentation, as to the basis
				for its claim that the motor vehicle dealer knew or reasonably should have know
				the customer's intent to export or resell the vehicle.
3. After such meeting, the motor vehicle
				dealer shall have a reasonable period, commensurate with the number of vehicles
				at issue, but not less then 30 days not more than 90 days to respond to the
				manufacturer's claims. If the motor vehicle dealer does not respond within the
				specified time period, the manufacturer, distributor, wholesaler, distributor
				branch or division, factory branch or division, or wholesaler branch or
				division may take actions as would otherwise be allowed under the parties'
				agreements or otherwise applicable procedures or policies.
4. If following the motor vehicle dealer's
				response and completion of
all internal dispute resolution
				processes
provided through the manufacturer, the dispute remains
				unsolved, the motor vehicle dealer may file a protest with
this
				commission
within 30 days after receipt of written notice from the
				manufacturer that it still intends to take adverse action against the
				dealer.
5. If the protest is timely
				filed, this commission shall notify the manufacturer of the filing of the
				protest, and the manufacturer shall not take any action adverse to the motor
				vehicle dealer until this commission renders a final determination, that the
				manufacturer's proposed action is in compliance with the provisions of this
				regulation.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 12 - Export Chargeback Procedures › Rule 30-1301-12.4 - Burden of Proof

Current through June 25, 2024
1. There is a
				rebuttal presumption that the motor vehicle dealer neither knew not reasonably
				should have known of its customer's intent to export or resell the vehicle
if the vehicle is titled or registered in any state in the United
				States.
2. In any
				hearing pursuant to this regulation, the manufacturer has the burden of proof
				on all issues raised by this rule.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 13 - Dealing with Brokers › Rule 30-1301-13.1 - Dealing with Brokers

Current through June 25, 2024
The Mississippi Motor Vehicle Commission, being of the
				  opinion that a viable network of motor vehicle dealers throughout the State of
				  Mississippi is important to the citizens of the State, and the viability of
				  such network is threatened by entities acting contrary to state law, finds that
				  the following regulation is reasonable and necessary to carry out the
				  provisions of the Mississippi Motor Vehicle law.
Under Section
				  63-17-73
				  subsection 14(b), "It is unlawful to be a broker." No licensed New Motor
				  Vehicle Dealer can contract with or conduct new or used vehicle sales activity
				  with a "broker." If a new Motor Vehicle Dealer is thought to be in violation of
				  this Regulation, the offending dealer may, at the discretion of the Commission,
				  be requested to appear before the Commission to answer the charge and, if found
				  to be in violation of this Regulation, be subject to any penalties provided to
				  the Commission under the Motor Vehicle Act.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 1 - Rules and Regulations › Rule 30-1401-1.1

Current through June 25, 2024
References Section 5, Paragraph (a), Polygraph Examiners
				  Act, 1968, (S.B. 1987), the following rules, resolutions, regulations,
				  directives, approvals, and agreements, pertaining to the general requirements
				  for the licensing of polygraph examiners, and to the standards to be observed
				  by polygraph examiners in the conduct of polygraph examinations, reflect the
				  will of the Board of Professional Polygraph Examiners of the State of
				  Mississippi and were adopted and recorded in the minutes of the Board on the
				  dates cited.
RE: Section
				  73-29-5
				  of THE MISSISSIPPI CODE OF 1972
Section 5: (a) The Board shall issue regulations consistent
				  with the provisions of this act, for the administration and enforcement of this
				  act and shall prescribe forms, which shall be issued in connections
				  therewith.
Miss. Code Ann. §
										73-29-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 1 - Rules and Regulations › Rule 30-1401-1.2 - General Rules and Regulations

Current through June 25, 2024
(1) A list of Board
				rules, resolutions, regulations, directives, approvals, and agreements,
				pertaining to the general requirements for the licensing of the polygraph
				examiners, and to the standards to be observed by polygraph examiners in the
				conduct of the polygraph examinations, shall be published the distributed to
				all currently licensed Mississippi polygraph examiners and to all applicants
				for licenses, as a Mississippi polygraph examiner. (2/24/73)
(2) Approval of Polygraph Schools: American
				Polygraph Association approved schools. (5/20/77)
(3) Internship Requirements: Applicants for
				internship licenses shall submit an internship instructor questionnaire. Any
				approved school or examiner, licensed in the State of Mississippi, may
				administer the internship program, upon approval of this Board, until such time
				as said school or examiner demonstrates its or his inability to administer such
				program. (4/19/69)
(4) Written
				Examinations and Completion of Internship:
(a) Written examinations required, before
				being licensed as an intern examiner, at the discretion of the Board; excluding
				those applicants from States holding reciprocity agreements with Mississippi.
				(2/24/73)
(b) Upon completion of
				the internship period, the intern and sponsor shall petition the Board to
				consider applicant for full examiner status.
(c) The intern shall then appear before the
				Board, for an oral review of his progress and understanding of the polygraph
				technique and the Polygraph Examiners Act. (Unless specifically waived by
				Board)