reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 13 - Temporary License Plates › Subchapter 3 - Design › Section 765:13-3-3 - Content of the temporary license plate

Current through Vol. 41, No. 20, July 1, 2024
(a) There shall be two rectangular shaped
				blocks for the month, two rectangular shaped blocks for the day of the month,
				and two rectangular shaped blocks for the year indicating the date of the sale
				of the vehicle. The blocks shall be of a size of at least 1 3/4 inches in
				height and 1 1/2 inches in width and pale or light toned green in color. The
				rectangular blocks for the motorcycle temporary license plates shall be 1 inch
				in height and 3/4 inch in width. Preprinted below the two blocks on the left
				shall be the words "SOLD MONTH"; below the middle two blocks shall be the words
				"SOLD DAY"; and below the two blocks on the right shall be "SOLD
				YEAR".
(b) Any writing on the
				temporary license plate not preprinted shall be applied by an instrument using
				indelible black ink. The ink marker for writing in the date blocks should be
				capable of making a mark of at least 1/4 inch in width.
(c) The temporary license plate shall have
				the following preprinted language: The selling dealer's company name, the word
				"Oklahoma" or "Okla" , and the words "30 Day Temporary Tag" and a line with the
				words "Vehicle Year", "Make", "Model", below the line.
(d) In addition to the preprinted information
				recited in paragraphs (a) and (c), the temporary license plate shall have
				preprinted a sequential number of no fewer than six digits, approximately one
				inch in height. The height of the preprinted unique sequential number for a
				motorcycle temporary license plate shall be no less than 1/2 inch. The dealer
				shall record the temporary license plate's unique sequential number on the
				front of the vehicle's bill of sale in a conspicuous location. A dealer shall
				not issue more than one unique sequentially numbered temporary license plate
				for the same vehicle sale.
(e) The
				name of the purchaser shall be written on the temporary license plate or in
				lieu of the name of the purchaser the words "see bill of sale" may be used. If
				the term "see bill of sale" is used, the purchaser shall retain the bill of
				sale in the vehicle at all times until the vehicle has been registered in the
				purchaser's name.
Added at 25 Ok Reg 363,
				  eff 11-1-07 (emergency); Added at 25 Ok Reg 2085, eff
				  6-26-08
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 13 - Temporary License Plates › Subchapter 3 - Design › Section 765:13-3-4 - Location of the temporary license plate

Current through Vol. 41, No. 20, July 1, 2024
Upon the sale of a used motor vehicle, the temporary license
				  plate shall be placed on the vehicle at the location provided for the permanent
				  license plate.
Added at 25 Ok Reg 363,
				  eff 11-1-07 (emergency); Added at 25 Ok Reg 2085, eff
				  6-26-08
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 13 - Temporary License Plates › Subchapter 3 - Design › Section 765:13-3-5 - Records

Current through Vol. 41, No. 20, July 1, 2024
The dealer shall maintain a record of temporary license
				  plates issued. The record shall include the unique sequential number, the date
				  issued, the name of the purchaser and the year, make, model and vehicle
				  identification number of the vehicle for which the temporary license plate was
				  issued. The record shall be available to Commission and law enforcement
				  personnel upon request. Failure to maintain a record of temporary license
				  plates issued and/or failure to account for temporary license plates shall
				  subject the dealer to a fine not to exceed One Thousand Dollars ($1,000.00) per
				  violation and/or suspension or revocation of the dealer's
				  license.
Added at 25 Ok Reg 363,
				  eff 11-1-07 (emergency); Added at 25 Ok Reg 2085, eff
				  6-26-08
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 15 - Used Motor Vehicle Salespersons › Subchapter 1 - Certificate of Registration Qualifications, Procedures and Fees › Section 765:15-1-1 - 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., 47 O.S.
				  Section 582 (E), and 47 O.S. 583.1 A (2019 Supp). This Chapter will provide a
				  description of the qualifications for obtaining a used motor vehicle
				  salesperson's certificate of registration, authority of a salesperson, and the
				  grounds and procedure for assessment of a fine or denial, suspension, or
				  revocation of a used motor vehicle salesperson's certificate of
				  registration.
Amended at 23 Ok Reg
				  2887, eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 15 - Used Motor Vehicle Salespersons › Subchapter 1 - Certificate of Registration Qualifications, Procedures and Fees › Section 765:15-1-2 - Fees

Current through Vol. 41, No. 20, July 1, 2024
The fees required for an application or renewal of used
				  motor vehicle salesperson's certificate of registration are recited in 47 O.S.
				  Section 583.1. A fee will be returned to the applicant in the event the
				  certificate of registration is denied.
Amended at 23 Ok Reg
				  2887, eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 15 - Used Motor Vehicle Salespersons › Subchapter 1 - Certificate of Registration Qualifications, Procedures and Fees › Section 765:15-1-3 - Applicant

Current through Vol. 41, No. 20, July 1, 2024
(a)
Activities requiring certificate of
				registration.
A used motor vehicle salesperson is anyone who:
(1) receives gain or compensation of any
				kind, directly or indirectly, regularly or occasionally for, or negotiates for,
				sale or trade of a specified used motor vehicle for a specified used motor
				vehicle dealer, or
(2) operates as
				a broker only for a specified used motor vehicle dealer, or
(3) receives compensation for referral of a
				prospective buyer to his employer or acts on behalf of the dealer in the
				purchase or sale of a used motor vehicle, or
(4) is authorized to transfer and/or sign
				titles for the dealership, or
(5)
				displays or offers used motor vehicles for sale for the dealership at a
				licensed location,
(6) acts in the
				capacity of sales manager or finance and insurance manager or acts in any
				capacity as part of the sales process,
(7) does not otherwise come under the
				definition of a wholesale used motor vehicle dealer and/or is not required to
				obtain a license as a wholesale used motor vehicle dealer, but is authorized by
				a person licensed by the Oklahoma Motor Vehicle Commission to sell new or
				unused motor vehicles, (franchise dealer) to purchase and sell used motor
				vehicles without direct supervision by the "franchise dealer," whether at
				auction or otherwise, to-wit: a "wholesaler" or individual who pays the
				"franchise dealer" a draft or check fee for vehicles purchased using the
				"franchise dealer's" used motor vehicle dealer's license; or who is required to
				compensate the "franchise dealer" for any loss arising from the sale of a
				vehicle; or who in any manner operates independently of the ordinary business
				of the "franchise dealer."
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 15 - Used Motor Vehicle Salespersons › Subchapter 1 - Certificate of Registration Qualifications, Procedures and Fees › Section 765:15-1-4

Current through Vol. 41, No. 20, July 1, 2024
Amended at 23 Ok Reg
				  2887, eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 15 - Used Motor Vehicle Salespersons › Subchapter 1 - Certificate of Registration Qualifications, Procedures and Fees › Section 765:15-1-5 - Issuance of certificate of registration

Current through Vol. 41, No. 20, July 1, 2024
(a)
Prerequisite.
A certificate of registration for a used motor
				vehicle salesperson will not be issued, renewed, or endorsed until the
				employing dealer is licensed and has certified that the applicant for said
				certificate is in his employ. Dealers' payrolls and other evidence will be
				checked to ascertain that all salespersons for such dealers are registered. The
				dealer shall be required to pay for certificates of registration for its
				salespersons but may do so on a reimbursable basis, or any other plan
				satisfactory to its dealership organization. All salespersons certificates of
				registration will be sent to the dealer for distribution to the respective
				applicants, and the dealer will determine that all its personnel required to
				obtain certificates of registration have done so.
(b)
Temporary certificate of
				registration.
(1) A temporary
				salesperson's certificate of registration, salesperson's renewal, or reissue of
				a salesperson's certificate shall be deemed to have been issued when the
				appropriate application and fee have been properly addressed and mailed to the
				Commission, except as follows:
(A) in the
				case of incomplete application,
(B)
				in the case of proper fee not being submitted,
(C) in the case of applicant's having been
				previously denied a license or certificate of registration with this
				Commission, or
(D) in the case of
				applicant's having been convicted of a crime that substantially relates to the
				occupation of a used motor vehicle dealer and poses a reasonable threat to
				public safety, committed any unlawful act which resulted in revocation of
				similar license in another state, or committed a fraudulent act in selling or
				purchasing motor vehicles in such a manner as to cause injury to the
				public.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 15 - Used Motor Vehicle Salespersons › Subchapter 1 - Certificate of Registration Qualifications, Procedures and Fees › Section 765:15-1-6 - Renewal of certificate of registration

Current through Vol. 41, No. 20, July 1, 2024
All certificates shall expire on the 31st day of December of
				  each odd numbered year following the date of issue and shall be
				  nontransferable.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 15 - Used Motor Vehicle Salespersons › Subchapter 1 - Certificate of Registration Qualifications, Procedures and Fees › Section 765:15-1-7 - Changes

Current through Vol. 41, No. 20, July 1, 2024
(a)
Employer.
If the salesperson
				changes employer, the certificate holder shall immediately mail the certificate
				of registration to the Commission for its endorsement of the change of
				employer. The holder shall keep his certificate on his person while engaged in
				his business and shall display it upon request; however, there shall be no
				penalty for not having the certificate upon his person when he has submitted it
				to the Commission for its endorsement of a change of employer.
(b)
Notice.
The dealer will
				notify the Commission in writing when a salesperson's employment is terminated.
				The dealer may be liable for actions of the salesperson until proper notice is
				filed with the Commission.
(c)
Salesperson's card.
Each salesperson shall surrender his
				identification card to the Commission for endorsement of change of employer,
				before again engaging in the business as a salesperson for another used motor
				vehicle dealer or as a used motor vehicle dealer.
Amended at 22 Ok Reg
				  2267, eff 6-25-05; Amended at 23 Ok Reg 2887, eff
				  6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 15 - Used Motor Vehicle Salespersons › Subchapter 3 - Authority of Salespersons › Section 765:15-3-1 - Authority

Current through Vol. 41, No. 20, July 1, 2024
(a)
Salesperson only.
A used
				motor vehicle salesperson's certificate of registration shall permit the holder
				to engage in the activities of a used motor vehicle salesperson. A
				salesperson's certificate does not entitle the holder to perform as a dealer as
				defined in 47 O.S. Section 581 (4). A used motor vehicle salesperson's license
				does not entitle a person to separately own vehicles for sale or any interest
				in the vehicles or dealer business without first qualifying as a partner,
				corporate member, or part owner of the dealership and meeting the
				qualifications of a dealer as prescribed in 47 O.S. Sections 581-583.
(b)
One card only.
A
				salesperson may not hold more than one used motor vehicle salesperson's
				certificate at any one time or be employed by or sell for any dealer other than
				the dealer and at the address designated on the salesperson's certificate, with
				the exception that the licensed dealer has more than one location. Then the
				licensed dealer and salesperson may sell on each location properly licensed as
				additional locations.
(c)
Restrictions.
A salesperson's certificate shall not be issued for
				an individual who is not actively engaged in the activities of a used motor
				vehicle salesperson, nor shall it be issued for the purpose of allowing an
				individual to operate a vehicle with a used motor vehicle dealer's plate for
				any use not benefitting the dealer's business.
Amended at 15 Ok Reg
				  2432, eff 6-11-98; Amended at 22 Ok Reg 2267, eff 6-25-05; Amended at 23 Ok Reg
				  2887, eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 15 - Used Motor Vehicle Salespersons › Subchapter 5 - Assessment of Fine or Denial, Suspension, or Revocation of Certificate of Registration › Section 765:15-5-1 - Grounds

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission may deny an application
				for, certificate of registration, or suspend or revoke a certificate of
				registration after it has been granted 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 certificate of registration
				is being or has been issued for the benefit of a person who would not or could
				not qualify for the certificate in his or her own right and;
(b) On satisfactory proof of unfitness of the
				applicant or the holder of the certificate of registration under the standards
				established under Title 47 Oklahoma Statutes §
									581 et.
				seq. or the Rules of the Commission,
(c) For fraudulent or material misstatements
				made by the applicant in any application for license or certificate of
				registration,
(d) For any willful
				failure to comply with, or continued or flagrant violation of, any provision of
				Title 47 Oklahoma Statutes §
									581 et.
				seq. or with any rule promulgated by the Commission,
(e) A change of condition after a certificate
				is issued resulting in failure to maintain the qualifications for
				license,
(f) Conviction of a crime
				involving moral turpitude or any felony which in the opinion of the Commission
				may have a direct bearing on the ability of the applicant or holder to act as a
				used motor vehicle salesperson without endangering those with whom the
				applicant or holder may deal in the conducting of the duties of a used motor
				vehicle salesperson.
(g) Committing
				any act within the preceding ten (10) years, which resulted in the revocation
				of a similar license in another state,
(h) Engaging in business under a past or
				present license or certificate of registration in such a manner as to cause
				injury to the public or those with whom the holder is dealing,
(i) 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 certificate is being or has
				been issued for the benefit of a person who would not or could not qualify for
				the certificate in his or her own right.
(j) The Commission may in addition to any
				other sanction or penalty assessed, impose a fine as authorized by
				law
Amended at 15 Ok Reg
				  2432, eff 6-11-98; Amended at 23 Ok Reg 2887, eff
				  6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 15 - Used Motor Vehicle Salespersons › Subchapter 5 - Assessment of Fine or Denial, Suspension, or Revocation of Certificate of Registration › Section 765:15-5-2 - Prohibitions

Current through Vol. 41, No. 20, July 1, 2024
A person whose certificate of registration has been revoked
				  or denied or whose certificate was surrendered in lieu of revocation or under
				  circumstances such that said certificate could have been revoked, shall not
				  have a financial interest of any kind in a used motor vehicle business, nor
				  shall that person participate in any way, including in an advisory position, in
				  the operation of a used motor vehicle business.
Amended at 15 Ok Reg
				  2432, eff 6-11-98
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 1 - General Provisions › Section 765:16-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to implement the intent of
				  the legislature as declared in the Oklahoma Used Motor Vehicle, Dismantler, and
				  Manufactured Housing Commission Law by regulating the advertising of the
				  Commission licensees by requiring truthful and accurate advertising practices
				  for the benefit of the citizens of this State.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 1 - General Provisions › Section 765:16-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to implement the intent of the
				  legislature as declared in the Oklahoma Used Motor Vehicle and Parts Commission
				  Law by regulating the advertising of the Commission licensees by requiring
				  truthful and accurate advertising practices for the benefit of the citizens of
				  this State.
Added at 16 Ok Reg 3187,
				  eff 7-12-99
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 1 - General Provisions › Section 765:16-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to implement the intent of
				  the legislature as declared in the Oklahoma Used Motor Vehicle, Dismantler, and
				  Manufactured Housing Commission Law by regulating the advertising of the
				  Commission licensees by requiring truthful and accurate advertising practices
				  for the benefit of the citizens of this State. These rules apply to all
				  licensees engaging in business under any of the industries regulated by this
				  Commission, unless the rule is directed toward a specific industry or practice
				  only engaged in by that specific industry licensee.
Added at 16 Ok Reg 3187,
				  eff 7-12-99
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 1 - General Provisions › Section 765:16-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Advertisement"
means an oral, written, graphic,
				  or pictorial statement made in the course of soliciting business, including,
				  without limitation, a statement or representation made in a newspaper,
				  magazine, or other publication, or contained in a notice, sign, poster,
				  display, circular, pamphlet, or letter, or on radio or on television or on the
				  Internet.
"Bait advertisement"
means an alluring but
				  insincere offer to sell a product but which has as its primary purpose of
				  obtaining leads of persons interested in buying the advertised product in order
				  to sell some other product at a higher price or on a basis more advantageous to
				  the advertiser.
"Clear and conspicuous"
means that the
				  statement, representation, or disclosure is of such size, color, contrast, and
				  audibility and is presented so as to be readily noticed and understood. All
				  language and terms, including abbreviations, shall be used in accordance with
				  their common or ordinary usage and meaning. This standard shall be met by the
				  following:
(1) In print advertisement:
(A) The type size of 5 1/2 caps or larger shall
				be used in all disclosures.
(B)
				Disclosures shall be located adjacent to the price or in an area clearly marked
				with reference symbols. All reference symbol marks, such as asterisks, must be
				type size 5 1/2 caps or larger.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 765:16-3-1 - General Prohibitions

Current through Vol. 41, No. 20, July 1, 2024
A licensee shall not use false or misleading
				  advertising.
Added at 16 Ok Reg 3187,
				  eff 7-12-99
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 765:16-3-2 - Availability of vehicles

Current through Vol. 41, No. 20, July 1, 2024
(a)
Specific
				advertising.
A licensee may advertise a specific vehicle for sale if:
(1) the specific vehicle is in the possession
				of the licensee at the time the advertisement is placed, or the vehicle may be
				obtained from the manufacturer or distributor or some other source, and this
				information is disclosed in the advertisement; and,
(2) the advertisement sets forth the number
				of vehicles available if the dealer does not have a supply of the advertised
				vehicles available to satisfy a reasonable expectable public demand. If an
				advertisement pertains to only one specific vehicle, then the advertisement
				must disclose that vehicle's stock number.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 765:16-3-3 - Accuracy

Current through Vol. 41, No. 20, July 1, 2024
All advertised statements shall be accurate, clear and
				  conspicuous.
Added at 16 Ok Reg 3187,
				  eff 7-12-99
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 765:16-3-4 - Bait Advertisement

Current through Vol. 41, No. 20, July 1, 2024
Any advertising of a "Bait" or "Bait and Switch" nature is
				  prohibited.
Added at 16 Ok Reg 3187,
				  eff 7-12-99
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 765:16-3-5 - Layout

Current through Vol. 41, No. 20, July 1, 2024
The layout, headlines, illustrations, or type size of a
				  printed advertisement and the broadcast words or pictures of radio/TV
				  advertisements shall not convey or permit an erroneous or misleading impression
				  as to which vehicle or vehicles are offered at featured prices. No advertised
				  offer, expression, or display of price, terms, down payment, trade-in
				  allowance, cash difference, savings, or other such material terms shall be
				  misleading and any necessary qualifications shall be clearly, conspicuously,
				  and accurately set forth to prevent any misunderstandings.
Added at 16 Ok Reg 3187,
				  eff 7-12-99
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 765:16-3-6 - Dealer price advertising

Current through Vol. 41, No. 20, July 1, 2024
(a)
Selling
				price.
The most conspicuous price of a used motor vehicle, when
				advertised by a dealer, must be the full and total selling price for which the
				dealer will sell the vehicle. An advertisement may not list only a down payment
				price in lieu of the full price of the vehicle, manufactured home or
				installation of manufactured home. The only charges that may be excluded from
				the advertised price are:
(1) state and local
				taxes,
(2) license,
(3) title,
(4) processing fee, and
(5) delivery and installation cost on the
				sale of a manufactured home.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 765:16-3-7 - Identification

Current through Vol. 41, No. 20, July 1, 2024
(a) when the price, payment or savings claim
				of a vehicle is advertised, the following must be disclosed:
(1) model year;
(2) make;
(3) trade, brand or style name; and
(4) if other than a new vehicle, the vehicle
				must be identified as a used, demonstrator, factory executive/official vehicle,
				or a program vehicle.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 765:16-3-8 - Auction

Current through Vol. 41, No. 20, July 1, 2024
Terms such as "auction" or "auction special" and other terms
				  of similar import shall be used only in connection with a vehicle offered or
				  sold at bona fide auction.
Added at 16 Ok Reg 3187,
				  eff 7-12-99
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 765:16-3-9 - Lease advertisements

Current through Vol. 41, No. 20, July 1, 2024
Vehicle lease advertisements shall clearly and conspicuously
				  disclose that the advertisement is for the lease of a vehicle. Statements such
				  as "alternative financial plan", "drive away for $_______per month", or other
				  terms or phrases that do not use the term "lease", do not constitute adequate
				  disclosure of a lease. Lease terms that are not available to the general public
				  shall not be included in advertisements directed at the general public. All
				  limitations and qualifications applicable to the lease terms advertised shall
				  be clearly and conspicuously disclosed as per Federal Trade Commission
				  Regulation "M".
Added at 16 Ok Reg 3187,
				  eff 7-12-99
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 765:16-3-10 - Payment disclosure

Current through Vol. 41, No. 20, July 1, 2024
All payment advertising shall be in compliance with Federal
				  Trade Commission Regulations "M"(Lease Regulation) and "Z" (Truth in Lending
				  act).
Added at 16 Ok Reg 3187,
				  eff 7-12-99
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 765:16-3-11 - Prohibited statements

Current through Vol. 41, No. 20, July 1, 2024
The following statements are presumptively false and
				  misleading, and the burden of proving otherwise shall be on the
				  advertiser/licensee:
(1) Statements
				such as "write your own deal", "name your own price, "name your own monthly
				payment", or statements with similar meaning.
(2) Statements such as "everybody financed",
				"no credit rejected", "guaranteed approval", you are "pre-approved", and other
				similar statements representing or implying that no prospective credit
				purchaser will be rejected because of his inability to qualify for
				credit.
(3) Statements representing
				that no other dealer grants allowances for trade-ins, however stated, unless
				such is the case.
(4) Statements
				representing that because of its large sales volume a dealer is able to
				purchase vehicles for less than another dealer, unless such is the
				case.
(5) No merchandise or
				enticement may be described as "free" if the vehicle can be purchased for a
				lesser price without the merchandise or enticement, or if the price of the
				vehicle has been increased to cover the cost or any part of the cost of the
				merchandise or enticement. The advertisement shall clearly and conspicuously
				disclose the conditions under which the "free" offer may be obtained.
(6) The term "dealer's cost", or other
				reference to the cost of the vehicle to the dealer shall not be used.
(7) No "" trade-in amount or range of amounts
				shall be advertised.
(8) A used
				vehicle shall not be advertised in any manner that creates the impression it is
				new.
(9) The use of the terms
				"liquidation", "going out of business", or statements with similar meaning, are
				prohibited unless a dealer is actually going out of business and ceasing its
				operations at the licensed location. If a dealer is going out of business,
				these terms may only be advertised during the period between the execution of a
				buy-sell agreement with the proposed buyer and the actual effective date of the
				sale.
(10) An offer of a buy down
				rate is prohibited without the appropriate disclaimer: "This is a buy down
				rate. The amount of the buy down may affect the price of the
				vehicle."
(11) Terminology such as
				"we pay off your trade no matter how much you owe" or statements with similar
				meaning shall not be used, unless accompanied by a disclaimer indicating that
				pay off is dependent upon approved credit.
Added at 16 Ok Reg 3187,
				  eff 7-12-99; Amended at 23 Ok Reg 2889, eff
				  6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 765:16-3-12 - Dealership name

Current through Vol. 41, No. 20, July 1, 2024
All advertisements must conspicuously display the licensed
				  name of the used motor vehicle dealership.
Added at 23 Ok Reg 2889,
				  eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 5 - Finding of Violation › Section 765:16-5-1 - Violation

Current through Vol. 41, No. 20, July 1, 2024
The violation of an advertising rule shall be considered by
				  the Commission as a violation of the Oklahoma Used Motor Vehicle, Dismantler,
				  and Manufactured Housing Commission Law, created by Title 47 of Oklahoma State
				  Statute. In addition to the specific advertising regulations, referenced in
				  Subchapter 3, any other advertising or advertising practices found by the
				  Commission to be false or misleading shall be deemed violations of the law, and
				  shall also be considered violations of the general
				  prohibition.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 5 - Finding of Violation › Section 765:16-5-1 - Violation

Current through Vol. 41, No. 20, July 1, 2024
The violation of an advertising rule shall be considered by
				  the Commission as a violation of the Oklahoma Used Motor Vehicle and Parts
				  Commission Law, created by Title 47 of Oklahoma State Statute. In addition to
				  the specific advertising regulations, referenced in Subchapter 3, any other
				  advertising or advertising practices found by the Commission to be false or
				  misleading shall be deemed violations of the law, and shall also be considered
				  violations of the general prohibition.
Added at 16 Ok Reg 3187,
				  eff 7-12-99
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 5 - Finding of Violation › Section 765:16-5-1 - Violation

Current through Vol. 41, No. 20, July 1, 2024
The violation of an advertising rule shall be considered by
				  the Commission as a violation of the Oklahoma Used Motor Vehicle, Dismantler,
				  and Manufactured Housing Commission Law, created by Title 47 of Oklahoma State
				  Statute. In addition to the specific advertising regulations, referenced in
				  Subchapter 3, any other advertising or advertising practices found by the
				  Commission to be false or misleading shall be deemed violations of the law, and
				  shall also be considered violations of the general
				  prohibition.
Added at 16 Ok Reg 3187,
				  eff 7-12-99
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 5 - Finding of Violation › Section 765:16-5-2 - Hearing

Current through Vol. 41, No. 20, July 1, 2024
No licensee shall be held to be in violation of the
				  foregoing rules of this Chapter including the general prohibition in OAC
				  765:16-3-1,
				  except upon a finding thereof made by the Commission after notice and hearing
				  as provided in the Oklahoma Used Motor Vehicle, Dismantler, and Manufactured
				  Housing Commission Law.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 5 - Finding of Violation › Section 765:16-5-2 - Hearing

Current through Vol. 41, No. 20, July 1, 2024
No licensee shall be held to be in violation of the foregoing
				  rules of this Chapter including the general prohibition in OAC
				  765:16-3-1,
				  except upon a finding thereof made by the Commission after notice and hearing
				  as provided in the Oklahoma Used Motor Vehicle and Parts Commission
				  Law.
Added at 16 Ok Reg 3187,
				  eff 7-12-99
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 5 - Finding of Violation › Section 765:16-5-2 - Penalty

Current through Vol. 41, No. 20, July 1, 2024
No licensee shall be held to be in violation of the
				  foregoing rules of this Chapter except upon a finding thereof made by the
				  Commission as provided in the Oklahoma Used Motor Vehicle, Dismantler, and
				  Manufactured Housing Commission Law.
Added at 16 Ok Reg 3187,
				  eff 7-12-99
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 20 - Wholesale Motor Vehicle Dealers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:20-1-1 - 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
				  wholesale used motor vehicle dealer's license, operation under said license,
				  and grounds for assessment of fines, denial, suspension, or revocation of a
				  wholesale used motor vehicle dealer's license.
Amended at 23 Ok Reg
				  2891, eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 20 - Wholesale Motor Vehicle Dealers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:20-1-2 - Additional definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter,
				  shall have the following meaning unless the context clearly indicates
				  otherwise:
"Approved location"
means the physical property
				  location of the wholesale used motor vehicle dealer's office which meets local
				  zoning requirements and other requirements for licensing as a wholesale used
				  motor vehicle dealer's place of business.
"Office"
means a permanent room or building
				  separate and apart from any other business, devoted exclusively to the
				  operation of the wholesale used motor vehicle dealer's business.
"Principal business"
means the business of
				  wholesaling used motor vehicles with the intent to make a profit, which shall
				  be a primary source of income or support for the wholesale used motor vehicle
				  dealer and shall not include a business which has the primary purpose to avoid
				  payment of excise tax, license fees or other state fees for vehicles used
				  primarily for personal use.
"Records"
means bills of purchase or sale,
				  odometer statements, invoices of repair or expense, certificates of title, and
				  accounting records for the operation of the business, including, but not
				  limited to, checking accounts, checks, drafts, and/or financing agreements for
				  inventory.
"Sign"
means a means of identifying the location
				  of the wholesale used motor vehicle dealer's business.
"Telephone"
means any telephonic device for
				  communication which can be business listed in a telephone directory for the
				  telephone service area in which the wholesale used motor vehicle dealer's
				  business is located and may include cell phones".
"Wholesale used motor vehicle dealer"
means any
				  person who, for a commission or with intent to make a profit or gain of money
				  or other thing of value, sells, brokers, exchanges, rents with option to
				  purchase, or offers or attempts to negotiate a sale or exchange of interest in
				  used motor vehicles exclusively to used motor vehicle dealers, or who is
				  engaged in the business of selling used motor vehicles exclusively to used
				  motor vehicle dealers, whether or not such motor vehicles are owned by such
				  person, but shall not include any person who is not engaged in such activity as
				  a principal business.
"Zoning or other municipal requirements"
means
				  authorization in writing from the local governmental body which has authority
				  to regulate zoning, to conduct the business of wholesale auto sales at the
				  location stated as the wholesale used motor vehicle dealer's place of business
				  on his application for license.
Amended at 23 Ok Reg
				  2891, eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 20 - Wholesale Motor Vehicle Dealers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:20-1-3 - Place of business

Current through Vol. 41, No. 20, July 1, 2024
An applicant must have a place of business, which shall be at
				  an approved location, with an office, sign and telephone, and which meets
				  zoning or other municipal requirements.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 20 - Wholesale Motor Vehicle Dealers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:20-1-4 - Applicant

Current through Vol. 41, No. 20, July 1, 2024
(a)
Duty to license.
Any person
				who conducts a wholesale used motor vehicle business, who is not a bona fide
				employee of a used motor vehicle dealer or person licensed by the Oklahoma
				Motor Vehicle Commission to sell new or unused motor vehicles, and whose
				association with a used motor vehicle dealer is primarily for purposes of floor
				planning, financing or drafting on the used motor vehicle dealer shall be
				required to obtain a wholesale used motor vehicle dealer's license.
(b)
Principal business.
A
				wholesale used motor vehicle dealer must be engaged in the wholesaling of used
				motor vehicles as a principal business in order to obtain and maintain his
				license.
(c)
Resident.
A wholesale used motor vehicle dealer shall be a bona fide resident of the
				State of Oklahoma as evidenced by an Oklahoma Driver's License or Oklahoma
				Identification card issued by the Oklahoma Department of Public
				Safety.
(d)
Application
				required.
Applications for license shall be verified by oath or
				affirmation of the applicant and shall be on forms prescribed by the Commission
				and furnished to such applicants. The applications shall contain information as
				the Commission deems necessary to enable it to fully determine the
				qualifications and eligibility of the applicant for license.
Amended at 23 Ok Reg
				  2891, eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 20 - Wholesale Motor Vehicle Dealers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:20-1-5 - Bond and insurance

Current through Vol. 41, No. 20, July 1, 2024
(a)
Bond.
Each applicant for a wholesale used motor vehicle dealer's
				license shall procure and file with the Commission a good and sufficient bond
				in the amount required by law. The bond shall be approved as to form by the
				Attorney General. The bond form shall contain provisions relating to the bond
				amount, parties responsible for payment of bond claims, parties who may make
				claims on bonds and priorities of claimants, if applicable.
(b)
Insurance.
A wholesale used
				motor vehicle dealer shall maintain a minimum of Twenty-Five Thousand Dollars
				($25,000) single limit liability insurance on all vehicles in accordance with
				the financial responsibility laws of the State of Oklahoma. Should the
				insurance be cancelled or expire or otherwise lapse for any reason, the
				wholesale dealer's license shall be revoked as of the date of cancellation,
				expiration, or lapse unless new insurance is furnished prior to such
				date.
Amended at 18 Ok Reg
				  697, eff 12-28-00 (emergency); Amended at 18 Ok Reg 2903, eff
				  6-25-01
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 20 - Wholesale Motor Vehicle Dealers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:20-1-6 - Issuance of license

Current through Vol. 41, No. 20, July 1, 2024
(a)
Name and
				number.
A wholesale used motor vehicle dealer's license will be issued
				in the legal name of the individual as stated on the application for license.
				The license number shall be prefixed with a "W", followed by a five digit
				number and current year of license (W-10001-00).
(b)
One license.
A wholesale
				used motor vehicle dealer's license shall entitle only one person to act as a
				wholesale used motor vehicle dealer, regardless of the form of ownership of the
				business. Only one wallet license card shall be issued per license.
Amended at 23 Ok Reg
				  2891, eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 20 - Wholesale Motor Vehicle Dealers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:20-1-7 - 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 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. Failure to complete the
				requirements for licensing at the new location within thirty (30) days shall
				result in suspension of the dealer's license until the licensing requirements
				are met.
Amended at 22 Ok Reg
				  2268, eff 6-25-05
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 20 - Wholesale Motor Vehicle Dealers › Subchapter 3 - Operation › Section 765:20-3-1 - Forms and transactions

Current through Vol. 41, No. 20, July 1, 2024
A wholesale used motor vehicle dealer shall not assign a
				  certificate of title to anyone other than a licensed used motor vehicle dealer.
				  A used motor vehicle dealer shall not act as the agent for a wholesale used
				  motor vehicle dealer and an unlicensed person. In every transaction between a
				  wholesale used motor vehicle dealer and a used motor vehicle dealer, there must
				  be evidence of a bona fide sale between the wholesale dealer and the used motor
				  vehicle dealer, such as a bill of sale, check, draft, or other proof of
				  payment, odometer statement, and any other required documents. Any wholesale or
				  used motor vehicle dealer violating the provisions of this paragraph shall be
				  subject to suspension or revocation of license.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 20 - Wholesale Motor Vehicle Dealers › Subchapter 3 - Operation › Section 765:20-3-2 - Records

Current through Vol. 41, No. 20, July 1, 2024
Every wholesale used motor vehicle dealer shall keep for a
				  period of three (3) years from date of sale (or as required by any other
				  federal, state, or local regulation) a complete record of the purchase and sale
				  of each motor vehicle bought or sold, which shall include the name and address
				  of the seller or buyer, a complete description of the vehicle, a copy of the
				  front and back of the completely assigned certificate of title for each vehicle
				  sold, and a properly executed odometer statement. The records and titles of
				  vehicles 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.
Amended at 17 Ok Reg
				  2721, eff 6-25-00; Amended at 23 Ok Reg 2891, eff
				  6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 20 - Wholesale Motor Vehicle Dealers › Subchapter 3 - Operation › Section 765:20-3-3 - Advertising

Current through Vol. 41, No. 20, July 1, 2024
A wholesale used motor vehicle dealer may not advertise in
				  any medium which advertisement may have the effect of causing any person to
				  believe the wholesale dealer's vehicle may be purchased by anyone other than a
				  licensed used motor vehicle dealer.