Title 43, Chapter 47, Section 10
( 43-47-10)
The board or each division may, upon its own motion, and shall, upon
the verified complaint in writing of any person, investigate the
actions of any licensee or anyone who shall assume to act in such
capacity. Each division shall have power, in addition to the other
powers authorized by this chapter, to revoke or to suspend a license
for a specified time, to be determined in its discretion, or to
invoke such other lesser sanctions, including but not limited to the
imposition of fines and penalty fees, which the board is hereby
authorized to create by rule, where: (1) The licensee is found by a majority of the members of the
board to have committed any one or more of the following: (A) Material misstatement in an application for a license; (B) Willful and intentional failure to comply with any
provisions of this chapter or any lawful rule or regulation
issued by the board under this chapter; (C) Making any substantial misrepresentation; (D) Making any false promises of a character likely to
influence, persuade, or induce; (E) Pursuing a continued and flagrant course of
misrepresentation or the making of false promises through
agents, salespersons, advertising, or otherwise; (F) Failure to account for or to remit any moneys coming into
his or her possession which belong to others; (G) Having demonstrated unworthiness or incompetency to act as a
licensee in such manner as to safeguard the interest of the
public; (H) Fraud or fraudulent practice, unfair and deceptive acts or
practices, misleading acts or practices, or untrustworthiness or
incompetency to act as a licensee, including, but not limited
to, the failure to provide the appropriate odometer disclosure
forms required by law or knowingly selling or offering for sale
any used car on which the odometer has been tampered with to
reflect lower than the actual mileage the car has been driven; (I) The intentional use of any false, fraudulent, or forged
statement or document or the use of any fraudulent, deceitful,
dishonest, or immoral practice in connection with any of the
licensing requirements as provided for in this chapter; (J) The commission of any crime involving violence, a used motor
vehicle, illegal drugs, tax evasion, failure to pay taxes, or
any crime involving the illegal use, carrying, or possession of
a dangerous weapon; the conviction of, plea of guilty to, or
plea of nolo contendere to a crime involving violence, a used
motor vehicle, illegal drugs, tax evasion, failure to pay taxes,
or any crime involving the illegal use, carrying, or possession
of a dangerous weapon shall be conclusive evidence of the
commission of such crime;
(K) Use of untruthful or improbable statements or flamboyant or
extravagant claims concerning such licensee's excellence or
abilities; (L) The performance of any dishonorable or unethical conduct
likely to deceive, defraud, mislead, unfairly treat, or harm the
public; (M) The use of any false or fraudulent statement in any document
in connection with the business as a licensee; (N) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any of the provisions of this chapter, including but not limited to (i) the failure to maintain the certificate of registration required by Code Section 43-47-8 and (ii) the failure to keep records required by this chapter; (O) Any other conduct, whether of the same or a different
character than heretofore specified, which constitutes dishonest
dealing; (P)(i) Any of the following activities by an automobile
auction: (I) Allowing a motor vehicle to be sold through an auction
where the seller's name does not appear on the face of the
title; (II) Failing to refund all of the purchase price to the
buyer when the title and tag receipt are not assigned to and
processed for the buyer within 21 days of the purchase; (III) Failing to make available to the board, for
investigative purposes, auction records of a seller, for the
purpose of determining if a seller sold more than five motor
vehicles in a calendar year; provided, however, that the
board shall give the auction reasonable notice during normal
working hours; (IV) Failing to disclose in a conspicuous manner on the bill
of sale that a buyer is entitled to a refund of all of the
purchase price when the title and tag receipt are not
assigned and processed within 21 days of the purchase; (V) Failing to include on the bill of sale any warranty
disclaimer; or (VI) Accepting or delivering a certificate of title signed
in blank. (ii) The provisions of this subparagraph shall not apply
where: (I) The sale of the motor vehicle is not open to the general
public; (II) Either the seller or purchaser of the vehicle is a
licensed used car dealer;
(III) The motor vehicle is sold as a repossessed or
abandoned vehicle; or (IV) The motor vehicle is sold on behalf of any government
agency or by court order. (iii) A violation of this subparagraph shall also be grounds for suspension or censure of a license under Code Section 43-6-18, and any auction violating this subparagraph may be required by the board to surrender its master tag; (Q) Acting to obtain or holding a license on behalf of another
person who was previously denied a license or had a license
suspended or revoked under this chapter; in making
determinations under this subparagraph, the division may look at
any competent evidence, including, but not limited to, who
actually directs the activities at the business and who actually
receives the proceeds from the business; (R) Having purchased, concealed, possessed, or otherwise
acquired or disposed of a vehicle, knowing the same to be
stolen; (S) Having failed to meet and maintain the requirements for
issuance of a license as provided for in this chapter; (T) Having failed to pay within 30 days after written demand
from the board any fees or penalties due on vehicles acquired
for dismantling or rebuilding; or (U) Having willfully failed to keep or maintain the records
required to be kept by this chapter; or (2) A majority of the members of the division find that the
licensee failed to establish, maintain, or monitor procedural
safeguards to ensure that the following activities do not occur at
the business, regardless of whether the licensee had actual
knowledge of any such activity or activities or regardless of
whether there was an intent on the part of any person to engage in
any such activity or activities: (A) Unfair and deceptive acts or practices as defined in Part 2
of Article 15 of Chapter 1 of Title 10, the "Fair Business
Practices Act of 1975"; (B) Any of those activities described in paragraphs (1) through (5) of Code Section 40-3-90; or (C) Failure to obtain a certificate of title for a purchaser. |