75 IAC 2-2-14 - Denial, suspension, or revocation of dealer license and plate; hearing
Authority: IC 9-23-0.7-1
Affected: IC 4-21.5; IC 9-32-6-2; IC 9-32-17
Sec. 14.
(a)
Application for a dealer license and dealer plates shall be as follows:
(1) A person may file an application for a
dealer license and dealer plates with the secretary of state.
(2) The secretary of state shall investigate
the information submitted with the application. Based upon the investigation,
the secretary of state shall approve or deny the application.
(3) If the application is approved, the
secretary of state shall assign the applicant to the proper classification of
dealer plates and issue the plates under this rule and IC 9-32-6-2.
(4) If the application is denied or if the
applicant does not agree with the secretary of state's classification, the
request for redetermination procedure shall be as follows:
(A) Within fifteen (15) days of the secretary
of state's determination of a party's application for dealer plates, that
party, if aggrieved, may make written request to the secretary of state for a
redetermination specifically stating the grounds for which the redetermination
is requested.
(B) As a result of
the written request for redetermination, the secretary of state shall afford
the applicant the opportunity to present evidence at a hearing. The hearing
will be conducted in accordance with IC 4-21.5. Any further review of the
determination by the secretary of state shall be afforded under IC
9-23-2-14(b)
[IC 9-23-2 was repealed by P.L. 92 -2013 , SECTION 53 ,
effective July 1, 2013.].
(b) A dealer license or dealer plates, or
both, may be suspended or revoked if the secretary of state determines that the
dealer has willfully violated federal or state law, including this rule,
relating to the sale, distribution, financing, or insuring of motor vehicles.
The secretary of state may place the dealer on probation. The dealer is also
subject to all other penalties under IC 9-32-17.
(c) The secretary of state shall notify the
dealer of specific charges and schedule a hearing under IC 4-21.5 before the
secretary of state suspends or revokes a dealer license or dealer plates or
places the dealer on probation.
(d)
Any further review of the determination by the secretary of state shall be
afforded under IC 9-23-2-14(b)
[IC 9-23-2 was repealed by P.L. 92 -2013 ,
SECTION 53 , effective July 1, 2013.].
Notes
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-2-16 was renumbered by the Publisher as 75 IAC 2-2-14, effective July 1, 2007.
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