12 CSR 10-26.221 - Good Moral Character of Motor Vehicle Dealers, Manufacturers, Boat Dealers, Salvage Dealers, and Title Service Agents

PURPOSE: The director of the Department of Revenue is charged with the responsibility of determining that applicants for registration as motor vehicle dealers, salvage dealers, and title service agents are of good moral character. This rule establishes the guidelines which will be used to determine if the applicant is eligible for registration.

(1) Except with a showing of evidence to the contrary, the following will be considered prima facie evidence on which the registration of a motor vehicle dealer, manufacturer, boat dealer, salvage dealer, or title service agent will be denied because of lack of good moral character if the applicant-

(A) Has ever been convicted in any federal or state court of a felony relating to the acquisition or transfer of motor vehicles, trailers, motor vehicle parts, or boats;

(B) Within five (5) years preceding the application, has been convicted in any federal or state court of a felony, within the last three (3) years, or has been convicted in any federal or state court of a misdemeanor relating to the acquisition of or transfer of motor vehicles, trailers, motor vehicle parts, or boats; and

(C) Within three (3) years preceding the application, has been convicted in any federal or state court of a misdemeanor, or has shown contempt of laws in civil or administrative proceedings; or has had a motor vehicle dealer registration, manufacturer registration, boat dealer registration, salvage dealer registration, or title service agent registration revoked in this or another state and has demonstrated through conduct since the date of the occurrence that no substantial improvement in character or reliability has occurred. A determination by the director of revenue that conduct subsequent to the occurrence in question demonstrated a failure to improve character or reliability will be made only following a notice to the applicant and a subsequent hearing before the director of revenue or their representative.

(2) Any dealer or applicant who receives notice of denial or revocation and desires to contest the prima facie of the fact(s) recited in subsection (1)(A) or (B) may request a hearing for the purpose of showing substantial rehabilitation or improvement in character sufficient to rebut the presumption created by the cited subsections. Request for a hearing should be submitted to Attn: Division Director by mail at Division of Motor Vehicle and Driver Licensing, PO Box 629, Jefferson City, MO 65105, by fax at (573) 522-4197, or by email at dealerlic@dor.mo.gov.

Notes

12 CSR 10-26.221

AUTHORITY: sections 301.114 and 301.221, RSMo 2016, and sections 301.553 and 301.559, RSMo Supp. 2023.* This rule was originally filed as 12 CSR 10-23.160. Original rule filed Oct. 15, 1984, effective Feb. 11, 1985. Amended: Filed June 4, 1986, effective Aug. 25, 1986. Amended: Filed May 15, 2023, effective Dec. 30, 2023. Moved to 12 CSR 10-26.221 and amended: Filed Jan. 9, 2024, effective Aug. 30, 2024.

Renumbered from 10-23.160 by Missouri Register July 1, 2024/volume 49, Number 13, effective 8/31/2024.