reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 20 - Wholesale Motor Vehicle Dealers › Subchapter 5 - Assessment of Fine or Denial, Suspension, or Revocation of License › Section 765:20-5-1 - Grounds

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission may deny an application
				for a license, or revoke or suspend a license after it has been granted for any
				of the reasons listed in 47 O.S. Sections
				584(1)
				through (7); for violation of any statute or
				regulation relating to the purchase, sale, display for sale, or transfer of a
				used motor vehicle; or if it is determined that the license is being or has
				been issued for the benefit of a person who would not or could not qualify for
				the license in his or her own right.
(b) The Commission may in addition to any
				other sanction or penalty assessed, impose a fine as authorized by
				law.
(c) The Commission shall
				revoke the license of a wholesale used motor vehicle dealer who sells a used
				motor vehicle to someone other than a licensed used motor vehicle
				dealer.
Added at 23 Ok Reg 2891,
				  eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 25 - Automotive Dismantler and Parts Recyclers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:25-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter have been adopted for the purpose
				  of complying with the provisions of 75 O.S. Section
				  250 et
				  seq. and 47 O.S. Section
				  582(E).
				  This Chapter will provide a description of the qualification's for obtaining an
				  automotive dismantler and parts recycler's license, operation under said
				  license, and grounds for denial, suspension, or revocation of an automotive
				  dismantler and parts recycler's license.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 25 - Automotive Dismantler and Parts Recyclers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:25-1-2 - Fees

Current through Vol. 41, No. 20, July 1, 2024
The fees required for an initial application, renewal, and
				  additional location for an automotive dismantler and parts recycler's license
				  are recited in 47 O.S. Section
				  591.5.
				  A fee will be returned to an applicant in the event the license applied for is
				  denied.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 25 - Automotive Dismantler and Parts Recyclers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:25-1-3 - Place of business

Current through Vol. 41, No. 20, July 1, 2024
(a)
Location.
Place of business means that place owned, leased, or
				rented, and regularly occupied by a person, firm, or corporation, licensed
				under the provisions of 47 O.S. Section
				591.1 et
				seq., for the principal purpose of engaging in the business of an automotive
				dismantler and parts recycler, where the products for sale are displayed and
				offered for sale, and where the books and records required for the conduct of
				the business are maintained and kept. Place of business shall include the
				entire real property described in the legal description contained in the
				automotive dismantler's application for license, or in the absence of a legal
				description, all of the real property used for the business.
(b)
Requirements.
(1)
Original license.
All
				original licenses for locations not previously licensed as an automotive
				dismantling and parts recycling business issued on and after November 1, 1986,
				will be subject to the following requirements:
(A) The applicant shall provide evidence that
				he/she has available through ownership, rental, or lease agreement, a place of
				business as defined in 47 O.S. Section
				591.1 et
				seq., and as further stated in (a) of this section;
(B) That said place of business satisfies all
				local zoning, code, and land use requirements;
(C) That said place of business is equipped
				with an office, that at a minimum is capable of satisfying the intent of 47
				O.S. Section
				591.1 et
				seq., for serving as a place where the books and records required for the
				conduct of the business are maintained and kept;
(D) That said place of business is equipped
				with an operational telephone capable of sending and receiving calls through
				existing telephonic circuits;
(E)
				That said place of business is identified with a sign not less than three feet
				(3') by four feet (4') in size, which displays, at a minimum the name of the
				business clearly legible from the nearest roadway;
(F) That the proposed business is deemed by
				the Commission to be appropriate for the surrounding land use, in those
				instances where there are no local land use regulations, and that the proposed
				business would not be considered to be a private or public nuisance in the
				proposed location;
(G) That the
				proposed place of business is or will be properly screened where vehicles are
				to be stored or dismantled prior to opening the business, by natural object,
				plantings, opaque fences of a height not less than six feet (6') nor more than
				eight feet (8'), or other appropriate sightproofing, so as to screen, where
				possible, vehicles and parts stored outside of buildings from view from
				immediately adjacent property.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 25 - Automotive Dismantler and Parts Recyclers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:25-1-4 - Applicant

Current through Vol. 41, No. 20, July 1, 2024
Every person, firm or corporation desiring to apply for an
				  original license for the purpose of engaging in the business of an automotive
				  dismantler and parts recycler shall apply in writing on a form to be prescribed
				  by the Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing
				  Commission, which form shall include:
(1) the name of the applicant,
(2) the business name of the proposed
				business,
(3) the street address of
				the applicant's principal place of business,
(4) the type of business organization of the
				applicant whether a sole proprietorship, partnership, or corporation,
(5) the applicant and/or business
				organization's financial standing,
(6) the legal description of the proposed
				place of business, together with written verification from the appropriate
				local authorities that the place of business meets the licensing and zoning
				requirements of the municipality or county where located,
(7) sales tax permit number issued by the
				Oklahoma Tax Commission,
(8)
				authorization by the applicant for the Commission or its agent to inspect the
				register of purchases and sales of motor vehicles or parts thereof required to
				be kept by the applicant and authorization to inspect all vehicles or parts
				thereof on the register of purchases and sales wherever located and all
				vehicles or parts thereof located on applicant's property,
(9) storm water multi-sector general permit
				from the Department of Environmental Quality,
(10) National Motor Vehicle Title Information
				System number, and
(11) such
				additional information as may be required by the Commission.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 25 - Automotive Dismantler and Parts Recyclers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:25-1-4 - Applicant

Current through Vol. 41, No. 20, July 1, 2024
Every person, firm or corporation desiring to apply for an
				  original license for the purpose of engaging in the business of an automotive
				  dismantler and parts recycler shall apply in writing on a form to be prescribed
				  by the Oklahoma Used Motor Vehicle and Parts Commission, which form shall
				  include:
(1) the name of the
				applicant,
(2) the business name of
				the proposed business,
(3) the
				street address of the applicant's principal place of business,
(4) the type of business organization of the
				applicant whether a sole proprietorship, partnership, or corporation,
(5) the applicant and/or business
				organization's financial standing,
(6) the legal description of the proposed
				place of business, together with written verification from the appropriate
				local authorities that the place of business meets the licensing and zoning
				requirements of the municipality or county where located,
(7) sales tax permit number issued by the
				Oklahoma Tax Commission,
(8)
				authorization by the applicant for the Commission or its agent to inspect the
				register of purchases and sales of motor vehicles or parts thereof required to
				be kept by the applicant and authorization to inspect all vehicles or parts
				thereof on the register of purchases and sales wherever located and all
				vehicles or parts thereof located on applicant's property,
(9) storm water multi-sector general permit
				from the Department of Environmental Quality,
(10) National Motor Vehicle Title Information
				System number, and
(11) such
				additional information as may be required by the Commission.
Amended at 23 Ok Reg
				  2893, eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 25 - Automotive Dismantler and Parts Recyclers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:25-1-4 - Applicant

Current through Vol. 41, No. 20, July 1, 2024
Every person, firm or corporation desiring to apply for an
				  original license for the purpose of engaging in the business of an automotive
				  dismantler and parts recycler shall apply in writing on a form to be prescribed
				  by the Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing
				  Commission, which form shall include:
(1) the name of the applicant,
(2) the business name of the proposed
				business,
(3) the street address of
				the applicant's principal place of business,
(4) the type of business organization of the
				applicant whether a sole proprietorship, partnership, or corporation,
(5) the applicant and/or business
				organization's financial standing,
(6) the legal description of the proposed
				place of business, together with written verification from the appropriate
				local authorities that the place of business meets the licensing and zoning
				requirements of the municipality or county where located,
(7) sales tax permit number issued by the
				Oklahoma Tax Commission,
(8)
				authorization by the applicant for the Commission or its agent to inspect the
				register of purchases and sales of motor vehicles or parts thereof required to
				be kept by the applicant and authorization to inspect all vehicles or parts
				thereof on the register of purchases and sales wherever located and all
				vehicles or parts thereof located on applicant's property,
(9) storm water multi-sector general permit
				from the Department of Environmental Quality,
(10) National Motor Vehicle Title Information
				System number, and
(11) such
				additional information as may be required by the Commission.
Amended at 23 Ok Reg
				  2893, eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 25 - Automotive Dismantler and Parts Recyclers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:25-1-5 - Issuance of license

Current through Vol. 41, No. 20, July 1, 2024
(a)
Name.
An automotive dismantler's license will be issued in the
				legal name of the individual proprietorship, partnership, or corporation as
				identified on the application for dismantler license.
(b)
Certificate.
An automotive
				dismantler's license shall consist of a signed certificate bearing the official
				seal of the Commission, the name and address of the business, and shall bear a
				unique dismantler license number. Said license shall be posted in a conspicuous
				place in the dismantler's place or places of business. The automotive
				dismantler's license number will be prefixed with "AD", followed by a five
				digit number, then the current license year (AD-00000-00).
Amended at 23 Ok Reg
				  2893, eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 25 - Automotive Dismantler and Parts Recyclers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:25-1-6 - Renewal of license

Current through Vol. 41, No. 20, July 1, 2024
(a)
Term.
Every license issued to an automotive dismantler and parts
				recycler hereunder shall be valid until December 31st of the odd numbered year
				following the issuance of the license and shall be renewed on or before January
				1st of each even numbered year.
(b)
Sales tax number.
All
				applications for renewal of license shall include the sales tax number issued
				to the applicant by the Oklahoma Tax Commission.
(c)
DEQ permit.
All applications
				for renewal of license shall include the authorization or permit number from
				the Department of Environmental Quality.
(d)
Renewal period.
Except as
				may otherwise be determined by the Commission licensees who do not renew on or
				before January 1st of each even numbered year shall be required to meet all of
				the standards and requirements applicable to an original application for
				license in effect at that time, regardless of whether the standards and
				requirements when the applicant first licensed were more or less restrictive
				than current standards.
(e)
Date for submission.
A properly executed application for renewal
				of license, accompanied by the appropriate fee or fees, on forms supplied by
				the Commission, shall be submitted by December 1st of each odd numbered year.
				All licenses shall expire on December 31st of each odd numbered year.
(f)
Requirements.
Effective on and after November 1, 1987, for a renewal application, the
				Commission in considering the continued eligibility of any licensee whose
				original license was issued on or after November 1, 1986, shall base its
				determinations on the following factors:
(1)
				whether the licensee has maintained substantial compliance with 47 O.S. Section
				591.1 et.
				seq.
(A) Substantial compliance with 47 O.S.
				Section
				591.2,
				paragraph 1, shall be determined from data supplied by the applicant in a sworn
				statement on a form supplied by the Commission that reports the number of
				vehicles acquired since approval of the prior license that have been or are
				being:
(i) dismantled for the purpose of
				selling the parts thereof,
(ii)
				held for resale as is, and
(iii)
				rebuilt for resale as roadworthy vehicles.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 25 - Automotive Dismantler and Parts Recyclers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:25-1-7 - Changes

Current through Vol. 41, No. 20, July 1, 2024
(a)
Ownership.
A change of
				ownership, including a change in a primary stockholder in the case of a
				corporation, or membership in the case of a limited liability company, shall
				require a new application and approval by the Commission before the business
				may begin operation.
(b)
Notification.
A change of ownership or any other change, such as
				change of name or address, which would render no longer accurate any
				information contained in an application for a license filed with the Commission
				shall be amended before the occurrence of the change on a form as the
				Commission may prescribe by rule or regulation.
Amended at 22 Ok Reg
				  2269, eff 6-25-05
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 25 - Automotive Dismantler and Parts Recyclers › Subchapter 3 - Operation › Section 765:25-3-1 - Form required

Current through Vol. 41, No. 20, July 1, 2024
A register of vehicles shall be on a form prescribed by the
				  Commission or maintained as part of the computer records of the business and
				  shall contain the date of purchase and/or sale of the motor vehicles, the make,
				  model, year, style, vehicle identification number, and name and address of the
				  purchaser or seller of the motor vehicle.
Amended at 23 Ok Reg
				  2893, eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 25 - Automotive Dismantler and Parts Recyclers › Subchapter 3 - Operation › Section 765:25-3-2 - Records

Current through Vol. 41, No. 20, July 1, 2024
Every automotive dismantler and parts recycler shall keep a
				  register of all purchases and sales of motor vehicles for three (3) 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 be made available for inspection by
				  properly identified agents or employees of the Oklahoma Used Motor Vehicle,
				  Dismantler, and Manufactured Housing Commission or identified law enforcement
				  officers of the state, county and/or municipality where the business of the
				  automotive dismantler and parts recycler is located, during reasonable business
				  hours on business days. The inspection authority shall include the right to
				  inspect any motor vehicle or parts thereof owned by or stored at the automotive
				  dismantler and parts recycler's place of business. For purposes of inspection,
				  place of business shall include the location of all vehicles used in the
				  business of dismantling, disassembling, storing and selling of salvage motor
				  vehicles or parts thereof, whether or not said vehicles are located on the
				  property which legal description is contained on the automotive dismantler's
				  application for license. If it is determined that a licensee has knowingly
				  provided false or misleading information when requested to provide records, the
				  licensee may be subject to any appropriate sanction authorized by rule or
				  statute.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 25 - Automotive Dismantler and Parts Recyclers › Subchapter 3 - Operation › Section 765:25-3-2 - Records

Current through Vol. 41, No. 20, July 1, 2024
Every automotive dismantler and parts recycler shall keep a
				  register of all purchases and sales of motor vehicles for three (3) 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 be made available for inspection by
				  properly identified agents or employees of the Oklahoma Used Motor Vehicle and
				  Parts Commission or identified law enforcement officers of the state, county
				  and/or municipality where the business of the automotive dismantler and parts
				  recycler is located, during reasonable business hours on business days. The
				  inspection authority shall include the right to inspect any motor vehicle or
				  parts thereof owned by or stored at the automotive dismantler and parts
				  recycler's place of business. For purposes of inspection, place of business
				  shall include the location of all vehicles used in the business of dismantling,
				  disassembling, storing and selling of salvage motor vehicles or parts thereof,
				  whether or not said vehicles are located on the property which legal
				  description is contained on the automotive dismantler's application for
				  license. If it is determined that a licensee has knowingly provided false or
				  misleading information when requested to provide records, the licensee may be
				  subject to any appropriate sanction authorized by rule or
				  statute.
Amended at 17 Ok Reg
				  2722, eff 6-25-00
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 25 - Automotive Dismantler and Parts Recyclers › Subchapter 3 - Operation › Section 765:25-3-2 - Records

Current through Vol. 41, No. 20, July 1, 2024
Every automotive dismantler and parts recycler shall keep a
				  register of all purchases and sales of motor vehicles for three (3) 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 be made available for inspection by
				  properly identified agents or employees of the Oklahoma Used Motor Vehicle,
				  Dismantler, and Manufactured Housing Commission or identified law enforcement
				  officers of the state, county and/or municipality where the business of the
				  automotive dismantler and parts recycler is located, during reasonable business
				  hours on business days. The inspection authority shall include the right to
				  inspect any motor vehicle or parts thereof owned by or stored at the automotive
				  dismantler and parts recycler's place of business. For purposes of inspection,
				  place of business shall include the location of all vehicles used in the
				  business of dismantling, disassembling, storing and selling of salvage motor
				  vehicles or parts thereof, whether or not said vehicles are located on the
				  property which legal description is contained on the automotive dismantler's
				  application for license. If it is determined that a licensee has knowingly
				  provided false or misleading information when requested to provide records, the
				  licensee may be subject to any appropriate sanction authorized by rule or
				  statute.
Amended at 17 Ok Reg
				  2722, eff 6-25-00
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 25 - Automotive Dismantler and Parts Recyclers › Subchapter 3 - Operation › Section 765:25-3-3 - Authority

Current through Vol. 41, No. 20, July 1, 2024
An automotive dismantler and parts recycler, duly licensed by
				  this act, shall have the authority to transfer the certificate of title to a
				  motor vehicle as a dealer. Salvage vehicles sold at salvage pools or salvage
				  disposal sales as defined in 47 O.S. Sections
				  581 et
				  seq. and 591.13 et seq., must be issued salvage titles prior to the sale of
				  said vehicles. The salvage title shall remain as the valid title for the life
				  of the vehicle and all subsequent transfers of title shall be on salvage title
				  as prescribed by the Oklahoma Tax Commission.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 25 - Automotive Dismantler and Parts Recyclers › Subchapter 3 - Operation › Section 765:25-3-4 - Other licenses

Current through Vol. 41, No. 20, July 1, 2024
(a)
Not
				required.
An automotive dismantler and parts recycler need not obtain a
				separate license as:
(1) a scrap processor or
				junk dealer, where, as an end result of his business, he accumulates
				nonrecyclable hulks which must be disposed of, or
(2) an automobile dealer, automobile
				accessory dealer, automobile garage or shop, or a storage yard or garage, as a
				prerequisite to engaging in the business of a dismantler or recycler.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 25 - Automotive Dismantler and Parts Recyclers › Subchapter 5 - Assessment of Fine or Denial, Suspension, or Revocation of License › Section 765:25-5-1 - Grounds

Current through Vol. 41, No. 20, July 1, 2024
The Commission is authorized to refuse a license to any
				  person, firm, or corporation who does not meet the requirements of the original
				  license; to assess fines, to cancel the license of a licensee for willful
				  failure to continue to meet the requirements of 47 O.S. Section
				  591.1 et
				  seq.; and is authorized to refuse, cancel, or revoke a license upon a felony
				  conviction being rendered for violation of a state or federal law involving
				  theft or for violation of the Oklahoma Certificate of Title Law or similar laws
				  of other states, by an applicant, a licensee, a partner of an applicant or
				  licensee, or director or manager in the case of a corporate applicant or
				  licensee , or for any other grounds authorized by Oklahoma
				  Statutes.
Amended at 23 Ok Reg
				  2893, eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 25 - Automotive Dismantler and Parts Recyclers › Subchapter 5 - Assessment of Fine or Denial, Suspension, or Revocation of License › Section 765:25-5-2 - Procedure

Current through Vol. 41, No. 20, July 1, 2024
If the Commission assesses a fine or cancels or revokes any
				  license, the holder of such license shall be given notice and an opportunity to
				  be heard in an individual proceeding in accordance with the procedures set out
				  in 47 O.S. Section
				  591.1 et
				  seq. or in these rules and regulations. Where there is a conflict between the
				  applicable law and the Rules of this Commission, the applicable law shall
				  prevail. Appeals from the decision of the Commission shall be governed by the
				  Oklahoma Administrative Procedures Act.
Amended at 23 Ok Reg
				  2893, eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 30 - Buyer's Identification Cards [Revoked] › Subchapter 1 - Licensing Qualifications, Procedures and Fees [Revoked] › Section 765:30-1-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 25 Ok Reg
				  364, eff 11-1-07 (emergency); Revoked at 25 Ok Reg 2086, eff
				  6-26-08
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 30 - Buyer's Identification Cards [Revoked] › Subchapter 1 - Licensing Qualifications, Procedures and Fees [Revoked] › Section 765:30-1-2 - Fees [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 25 Ok Reg
				  364, eff 11-1-07 (emergency); Revoked at 25 Ok Reg 2086, eff
				  6-26-08
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 30 - Buyer's Identification Cards [Revoked] › Subchapter 1 - Licensing Qualifications, Procedures and Fees [Revoked] › Section 765:30-1-3 - Applicant [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 25 Ok Reg
				  364, eff 11-1-07 (emergency); Revoked at 25 Ok Reg 2086, eff
				  6-26-08
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 30 - Buyer's Identification Cards [Revoked] › Subchapter 1 - Licensing Qualifications, Procedures and Fees [Revoked] › Section 765:30-1-4 - Issuance of BID card [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 25 Ok Reg
				  364, eff 11-1-07 (emergency); Revoked at 25 Ok Reg 2086, eff
				  6-26-08
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 30 - Buyer's Identification Cards [Revoked] › Subchapter 1 - Licensing Qualifications, Procedures and Fees [Revoked] › Section 765:30-1-5 - Renewal of BID card [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 25 Ok Reg
				  364, eff 11-1-07 (emergency); Revoked at 25 Ok Reg 2086, eff
				  6-26-08
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 30 - Buyer's Identification Cards [Revoked] › Subchapter 1 - Licensing Qualifications, Procedures and Fees [Revoked] › Section 765:30-1-6 - Changes [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 25 Ok Reg
				  364, eff 11-1-07 (emergency); Revoked at 25 Ok Reg 2086, eff
				  6-26-08
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 30 - Buyer's Identification Cards [Revoked] › Subchapter 1 - Licensing Qualifications, Procedures and Fees [Revoked] › Section 765:30-1-7 - Foreign buyers [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 22 Ok Reg 242,
				  eff 11-27-04 (emergency); Added at 22 Ok Reg 2269, eff 6-25-05; Revoked at 25
				  Ok Reg 364, eff 11-1-07 (emergency); Revoked at 25 Ok Reg 2086, eff
				  6-26-08
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 30 - Buyer's Identification Cards [Revoked] › Subchapter 3 - Assessment of Fine or Denial, Suspension, or Revocation of BID Card [Revoked] › Section 765:30-3-1 - Grounds [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 23 Ok Reg
				  2896, eff 6-25-06; Revoked at 25 Ok Reg 364, eff 11-1-07 (emergency); Revoked
				  at 25 Ok Reg 2086, eff 6-26-08
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 30 - Buyer's Identification Cards [Revoked] › Subchapter 3 - Assessment of Fine or Denial, Suspension, or Revocation of BID Card [Revoked] › Section 765:30-3-2 - Procedure [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 23 Ok Reg
				  2896, eff 6-25-06; Revoked at 25 Ok Reg 364, eff 11-1-07 (emergency); Revoked
				  at 25 Ok Reg 2086, eff 6-26-08
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 30 - Buyer's Identification Cards [Revoked] › Subchapter 5 - Reciprocity [Revoked] › Section 765:30-5-1 - Eligibility [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 25 Ok Reg
				  364, eff 11-1-07 (emergency); Revoked at 25 Ok Reg 2086, eff
				  6-26-08
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 30 - Buyer's Identification Cards [Revoked] › Subchapter 7 - Salvage Pools and Salvage Disposal Sales [Revoked] › Section 765:30-7-1 - Bidding privileges [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 20 Ok Reg
				  1820, eff 6-12-03; Amended at 22 Ok Reg 2269, eff 6-25-05; Revoked at 25 Ok Reg
				  364, eff 11-1-07 (emergency); Revoked at 25 Ok Reg 2086, eff
				  6-26-08
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 30 - Buyer's Identification Cards [Revoked] › Subchapter 7 - Salvage Pools and Salvage Disposal Sales [Revoked] › Section 765:30-7-2 - Copies of BID cards [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 20 Ok Reg
				  1820, eff 6-12-03; Amended at 23 Ok Reg 2896, eff 6-25-06; Revoked at 25 Ok Reg
				  364, eff 11-1-07 (emergency); Revoked at 25 Ok Reg 2086, eff
				  6-26-08
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 30 - Buyer's Identification Cards [Revoked] › Subchapter 7 - Salvage Pools and Salvage Disposal Sales [Revoked] › Section 765:30-7-3 - Sales to foreign buyers [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 22 Ok Reg 2269,
				  eff 6-25-05; Revoked at 25 Ok Reg 364, eff 11-1-07 (emergency); Revoked at 25
				  Ok Reg 2086, eff 6-26-08
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 35 - Manufactured Home Dealers › Subchapter 1 - General Provisions › Section 765:35-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter have been adopted for the purpose
				  of complying with the provisions of the Administrative Procedures Act, 75 O.S.
				  Section
				  250 et
				  seq. and 47 O.S. Section
				  582(E).
				  This Chapter will provide a description of the qualifications for obtaining a
				  manufactured home dealer's license, operation under the license and the grounds
				  and procedures for denial, suspension, or revocation of a manufactured home
				  dealer's license.
Added at 10 Ok Reg 4159,
				  eff 7-26-93
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 35 - Manufactured Home Dealers › Subchapter 3 - Licensing Qualifications, Procedures and Fees › Section 765:35-3-1 - Fees

Current through Vol. 41, No. 20, July 1, 2024
The fees for an initial application, renewal, and additional
				  location for a manufactured home dealer's license are recited in 47 O.S.
				  Section 583. A fee will be returned to the applicant in the event the license
				  applied for is denied.
Added at 10 Ok Reg 4159,
				  eff 7-26-93; Amended at 17 Ok Reg 2723, eff
				  6-25-00
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 35 - Manufactured Home Dealers › Subchapter 3 - Licensing Qualifications, Procedures and Fees › Section 765:35-3-2 - Place of business

Current through Vol. 41, No. 20, July 1, 2024
(a) An applicant
				must have an established place of business. An established place of business
				means a location which includes at a minimum:
(1) a display area for manufactured home(s)
				that is easily accessible,
(2)
				sufficient parking for the public,
(3) an office for conducting business where
				the books, records and files are kept,
(4) an office which is a building or is a
				separate room within a building on the premises that is considered a permanent
				structure with access to a restroom for the public. Such place of business does
				not include the use of vacant lots, tents, temporary stands, or other temporary
				office facilities.
(5) separate and
				apart from any other manufactured home dealer's location,
(6) place of business that meets all zoning,
				occupancy, and other requirements of the appropriate local government, and
				regularly occupied by a person, firm, or corporation engaged in the business of
				selling manufactured homes,
(7) a
				sign, reflecting the name of the business, visible from the roadway nearest to
				the entrance of the place of business, and
(8) a listed and usable telephone at the
				place of business.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 35 - Manufactured Home Dealers › Subchapter 3 - Licensing Qualifications, Procedures and Fees › Section 765:35-3-3 - Applicant information; applications

Current through Vol. 41, No. 20, July 1, 2024
(a)
Information needed.
An applicant will provide sufficient
				information on the application or otherwise to enable the Commission to
				determine whether the applicant should be granted a license. The information
				will include:
(1) Information relating to the
				applicant's financial standing,
(2)
				Information relating to the applicant's business integrity, the applicant's
				experience in the same or similar businesses, and his business
				history,
(3) Whether the applicant
				will be engaged in the pursuit, avocation, or business for which a license is
				applied,
(4) Whether the applicant
				will devote full or part time to the business,
(5) Whether the applicant is able to properly
				conduct the business for which the license is applied,
(6) A valid franchise letter as proof of
				authorization to sell any new manufactured home, and
(7) Any other pertinent information
				consistent with the safeguarding of the public interest and
				welfare.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 35 - Manufactured Home Dealers › Subchapter 3 - Licensing Qualifications, Procedures and Fees › Section 765:35-3-4 - Bond and insurance

Current through Vol. 41, No. 20, July 1, 2024
(a)
Dealer
				bond.
Each applicant for a manufactured home dealer's license shall
				procure and file with the Commission a good and sufficient bond in the amount
				of Thirty Thousand Dollars ($30,000). Said bond shall be filed on a form
				approved by the State Attorney General and provided by the Commission. The
				conditions of the bond shall be that the applicant not practice fraud, make any
				fraudulent representations, or violate any of the provisions of the
				Commission's enabling act while conducting the business for which he is
				licensed. The bonds as required by this section shall be maintained throughout
				the period of licensure. Should the bond be cancelled for any reason, the
				license shall be revoked as of the date of cancellation unless a new bond is
				furnished prior to such date.
(b)
Liability insurance.
Each applicant for a manufactured home
				dealer's license shall be required to furnish and in the event a license is
				issued, keep in force, a minimum of One Hundred Thousand Dollars ($100,000)
				single limit garage liability and completed operations insurance coverage on
				all manufactured homes offered for sale or transported utilizing the streets
				and roadways of Oklahoma in accordance with the financial responsibility laws
				of the State of Oklahoma. The insurance as required by this section shall be
				maintained throughout the period of licensure. Should the insurance be
				cancelled or expire for any reason, the license shall be revoked as of the date
				of cancellation or expiration unless new insurance is furnished prior to such
				date.
Added at 10 Ok Reg 4159,
				  eff 7-26-93
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 35 - Manufactured Home Dealers › Subchapter 3 - Licensing Qualifications, Procedures and Fees › Section 765:35-3-5 - Issuance of license

Current through Vol. 41, No. 20, July 1, 2024
(a)
Name.
A manufactured home dealer's license will be issued in the
				legal name of the individual proprietorship, partnership, or corporation as
				identified on the application for dealer license.
(b)
Certificate.
A manufactured
				home dealer's license shall consist of a signed certificate bearing the
				official seal of the Commission and shall specify the name and location of the
				place of business and assigned dealer number, which shall be posted in a
				conspicuous place in the dealer's place or places of business. The manufactured
				home dealer's license number will be prefixed with MH, followed by a five digit
				number and then the current year of license (MH-00000-00).
(c)
Titles.
The valid
				manufactured home dealer's license permits the dealer to transfer, assign and
				reassign titles and purchase and sell manufactured homes without paying excise
				tax.
(d)
Beginning
				business.
No applicant for a manufactured home dealer's license shall
				conduct business until such time as the Commission has issued him a
				license.
Added at 10 Ok Reg 4159,
				  eff 7-26-93; Amended at 17 Ok Reg 2723, eff
				  6-25-00
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 35 - Manufactured Home Dealers › Subchapter 3 - Licensing Qualifications, Procedures and Fees › Section 765:35-3-6 - Renewal of license

Current through Vol. 41, No. 20, July 1, 2024
All bonds and licenses issued under the provisions of the
				  Commission's enabling legislation shall expire on the 31st day of December of
				  each odd numbered year, following the date of issue and shall be
				  nontransferable. All applications for renewal should be submitted by the 1st
				  day of November of each odd numbered year, and licenses shall be issued by
				  January 10th of each even numbered year. If application has not been made for
				  renewal of license, such license shall expire on December 31st of the odd
				  numbered year, and it shall be illegal for any person to represent himself and
				  act as a dealer thereafter.
Added at 10 Ok Reg 4159,
				  eff 7-26-93
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 35 - Manufactured Home Dealers › Subchapter 3 - Licensing Qualifications, Procedures and Fees › Section 765:35-3-7 - Changes

Current through Vol. 41, No. 20, July 1, 2024
(a)
Ownership.
A change of
				ownership, including a change in a primary stockholder in the case of a
				corporation, or membership in the case of a limited liability company, shall
				require a new application and approval by the Commission before the business
				may begin operation.
(b)
Notification.
A change of ownership or any other change, such as
				change of name or address, which makes Commission records no longer accurate
				must be reported to the Commission immediately in writing on forms prescribed
				by the Commission for approval by the Commission. The dealership must meet all
				the requirements as prescribed for licensing. The Commission may revoke or
				suspend a license after it has been granted for change of condition resulting
				in failure to maintain the qualifications for license.
Added at 10 Ok Reg 4159,
				  eff 7-26-93; Amended at 22 Ok Reg 2270, eff
				  6-25-05
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 35 - Manufactured Home Dealers › Subchapter 5 - Operation › Section 765:35-5-1 - Forms required

Current through Vol. 41, No. 20, July 1, 2024
(a)
Forms.
The following forms shall be required in the sale of a
				manufactured home by a manufactured home dealer:
(1) Sales contract, bill of sale or buyer's
				order,
(2) Written notice of thirty
				(30) day title-transfer requirement and receipt for delivery of certificate of
				title to buyer,
(3) Condition of
				sale:
(A) warranty, or
(B) service contract, or
(C) warranty disclaimer,
(4) Finance or security agreement, if
				applicable, and
(5) Consignment
				agreement, if applicable.
(6) A
				completed copy of the I-Form from the installer who installed the manufactured
				home
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 35 - Manufactured Home Dealers › Subchapter 5 - Operation › Section 765:35-5-2 - Consignment sales

Current through Vol. 41, No. 20, July 1, 2024
(a)
Consignment.
A manufactured home dealer, whether acting as
				principal or agent, or by power of attorney, shall be responsible for complying
				with 765:35-3-1 et seq. with regard to
				all manufactured homes purchased, sold, or transferred by the dealer whether or
				not any other party has any interest in the manufactured home being purchased,
				sold, or transferred. The certificate of title of a manufactured home owned by
				an individual consigned to a manufactured home dealer for sale by that dealer
				need not be assigned by the individual to the dealer provided a consignment
				form approved by this Commission is used in the consignment transaction, and
				all other state and federal forms required are properly executed at the time of
				sale by the dealer as agent for the consignor. The consignee shall not be
				responsible for the truthfulness of the information provided to him by the
				consignor unless consignee willfully, knowingly, or negligently with reckless
				disregard of the true facts, misrepresents or misstates the information on the
				forms and/or certificate of title.
(b)
Title.
(1) The certificate of title of a
				manufactured home consigned to a dealer to be sold from the consignee's
				(agent-dealer's) location licensed by this Commission may be assigned directly
				from the consigning owner to the purchaser. Transfer of certificates of title
				in every instance must comply with the provisions of 47 O.S. Sections 1105 and
				1107. However, it shall be the responsibility of the consignee (agent-dealer)
				to ensure that all forms and state and federal laws and regulations are
				complied with in the transaction.
(2) The certificate of title of a
				manufactured home must be in the name of the dealer (whether by record of
				title, assignment, or re-assignment) who is offering the manufactured home to a
				prospective buyer if that dealer has the sole discretion in determining the
				selling price and in determining the amount of profit he will receive from the
				sale, whether or not any other party has any interest in the manufactured
				home.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 35 - Manufactured Home Dealers › Subchapter 5 - Operation › Section 765:35-5-3 - Records

Current through Vol. 41, No. 20, July 1, 2024
(a) Each dealer shall keep for a period of
				five (5) years from the date of sale (or as required by any other federal,
				state, or local regulations), a record of the purchase and sale of each
				manufactured home he buys or sells, which shall show the name of the seller or
				buyer as the case may be, and a complete description of the manufactured home
				purchased or sold, and such other information as the Commission may prescribe.
				The records and title of manufactured homes shall be available upon request to
				authorized agents or employees of the Commission or any law enforcement officer
				of the State of Oklahoma. If it is determined that a licensee has knowingly
				provided false or misleading information when requested to provide records, the
				licensee may be subject to any appropriate sanction authorized by rule or
				statute.
(b) In addition to copies
				of all forms used in a sales transaction, the dealers shall keep a copy of the
				completely assigned manufacturer's statement of origin or equivalent document,
				certificate of title, as the case may be.
(c) If a dealer contracts for the
				installation of a manufactured home as a part of the sales contract, the dealer
				shall include in its records a copy of the written contract or copy of paid
				invoice with the installer if the installer is a third party, which copy shall
				include the license number of the installer.
Added at 10 Ok Reg 4159,
				  eff 7-26-93; Amended at 17 Ok Reg 2723, eff
				  6-25-00
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 35 - Manufactured Home Dealers › Subchapter 7 - Assessment of Fine Or Denial, Suspension, or Revocation of License › Section 765:35-7-1 - Grounds

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission may deny an application
				for a license, or revoke or suspend a license after it has been granted for any
				of the reasons listed in 47 O.S. Sections
				584(A)(1)
				through (6), (8), or (B) or for violation of
				any statute or regulation relating to the purchase, sale, display for sale, or
				transfer of a manufactured home.
(b) The Commission may in addition to any
				other sanction or penalty assessed, impose a fine as authorized by
				law.
Added at 10 Ok Reg 4159,
				  eff 7-26-93; Amended at 23 Ok Reg 2896, eff
				  6-25-06