Rules and Regulations

Click the title(s) below to see full details for each entry. Clicking the tiltes again will hide their details.

Title 46
PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part V. Automotive Industry
Subpart 2. Recreational and Used Motor Vehicle Commission

Chapter 27

The Recreational and Used Motor Vehicle Commission

§2701. Meetings of the Commission

A.    The commission shall meet at its office in Baton Rouge, Louisiana on a date and time to be fixed by the commission.

B.    Special Meetings. Special meetings shall be held upon call of the chairman by notice given to the members of the commission at least 48 hours prior to the time the meeting is to be held; such notice to be given by telephone, telegraph or letter.

C.    A public comment period shall be held at or near the beginning of each board meeting. Persons desiring to present public comments shall notify the board chairman no later than 48 hours prior to the date of the regular meeting and
72 hours prior to the date of a special meeting. All written requests to have an item or items placed on the agenda must indicate, in detail, what items they wish to discuss. Public discussions are limited only to items on the agenda. There will be a maximum of 30 minutes for all public comments to be heard and each person will be limited to three minutes. Additional time can be allowed by the chairman as he deems reasonable. Each person making public comments shall identify himself and the group, organization or company he represents, if any.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:783(E)(1) and R.S. 42:5(D).

HISTORICAL NOTE:   Promulgated by the Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:1062 (November 1985), amended by the Department of Economic Development, Used Motor Vehicle and Parts Commission, LR 15:258 (April 1989), LR 15:1058 (December 1989) LR 18:1116 (October 1992), LR 24:1682 (September 1998), LR 25:1792 (October 1999), amended by the Office of the Governor, Used Motor Vehicle and Parts Commission, LR 28:2351 (November 2002), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1633 (August 2007), amended by the Office of the Governor, Used Motor Vehicle Commission, LR 36:2288 (October 2010).

§2703. Quorum of the Commission

A.    The quorum of the commission shall be established in accordance with those set for public bodies, R.S. 42:4.2(A)(3), as a majority of total membership.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:783(A).

HISTORICAL NOTE:   Promulgated by Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:1062 (November 1985), amended by the Department of Economic Development, Used Motor Vehicle and Parts Commission, LR 15:258 (April 1989), LR 24:1682 (September 1998), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1633 (August 2007), amended by the Office of the Governor, Used Motor Vehicle Commission, LR 36:2288 (October 2010).

§2705. Executive Director

A.    The Executive Director of the Louisiana Used Motor Vehicle Commission shall be in charge of the commission’s office and shall conduct and direct the activities thereof in the manner as directed by the commission. The employees of the commission shall report to the executive director.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:783(D).

HISTORICAL NOTE:   Promulgated by the Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:1062 (November 1985), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1633 (August 2007), amended by the Office of the Governor, Used Motor Vehicle Commission, LR 36:2288 (October 2010).

§2707. Correspondence with the Commission

A.    All correspondence by letter with the commission shall be addressed to the attention of the executive director.

B.    Louisiana Used Motor Vehicle Commission forms, applications and dealer aids are recognized as the commission official forms for licensing and communication.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:783(E).

HISTORICAL NOTE:   Promulgated by the Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:1062 (November 1985), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1633 (August 2007), amended by the Office of the Governor, Used Motor Vehicle Commission, LR 36:2288 (October 2010).

§2709. Official Seal

A.    The official seal of the Louisiana Used Motor Vehicle Commission shall be as follows. The outline of the state of Louisiana with a small star denoting the approximate location of Baton Rouge, which name appears to the left of the star. It shall be bordered by the inscription, Louisiana Used Motor Vehicle Commission.

B.    The executive director shall be the custodian of the official seal and shall affix the imprint or the facsimile thereof to all license certificates issued by the Louisiana Used Motor Vehicle Commission.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:783(D)(4).

HISTORICAL NOTE:   Promulgated by the Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:1062 (November 1985), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1633 (August 2007), amended by the Office of the Governor, Used Motor Vehicle Commission, LR 36:2288 (October 2010).

Chapter 28

Definitions

§2801. Definitions

A.    The word person as used herein shall mean any natural or juridical person, firm, association, corporation, trust partnership, limited liability company or any other legal entity.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:783(D)(4).

HISTORICAL NOTE:   Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1633 (August 2007).

Chapter 29

Used Motor Vehicle Dealer

§2901. Dealers to be Licensed

A.    Dealers in used motor vehicles and other types used vehicles subject to Certificate of Title Law under Title 32 and/or Vehicle Registration License Tax under Title 47.

B.    Automotive dismantlers and parts recyclers, motor vehicle crushers, and dealers in used parts and accessories.

C.    Used motor vehicle auctions and salvage pools are considered used motor vehicle dealers and must comply with licensing regulations contained herein.

D.    Brokers of used motor vehicles, used parts, are considered to be dealers and must comply with licensing regulations contained therein.

E.    Any person who rents or who sells on a rent with option to purchase program used motor vehicles not of the current or immediate prior year or new and used recreational products.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:784.

HISTORICAL NOTE:   Promulgated by the Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:1062 (November 1985), amended by Department of Economic Development, Used Motor Vehicle and Parts Commission, LR 24:1682 (September 1998), amended by the Office of the Governor, Used Motor Vehicle and Parts Commission LR 30:436 (March 2004), repromulgated LR 30:792 (April 2004), LR 30:1477 (July 2004), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1633 (August 2007), amended by the Office of the Governor, Used Motor Vehicle Commission, LR 36:2288 (October 2010).

§2903. Dealer Licenses

A.    The dealer license will be issued in the legal name of the person as identified on the application for dealer license.

B.    A dealer’s license shall consist of a signed certificate bearing the official seal of the commission and the name and address of the dealership and assigned a dealer number, which shall be posted in a conspicuous place in the dealer’s place or places of business.

C.    Used motor vehicle dealers will be assigned a license number to be prefixed with a “UD” designation.

D.    Automotive dismantlers and parts recyclers will be assigned a license number to be prefixed with a “AD” designation.

E.    Crushers will be assigned a license number to be prefixed with a “CS” designation.

F.     Dealers in used parts and accessories will be assigned a license number to be prefixed with a “UP” designation.

G.    Beginning with licenses to be issued for 2008, dealers who rent or who sell on a rent with option to purchase program will be assigned a license number to be prefixed with a “RD” number.

H.    Each said license shall stand on its own, and for each said license, the dealer shall pay a separate licensing fee.

I.     The valid dealer’s license permits the dealer to transfer and assign titles, purchase and sell used motor vehicles without paying Louisiana general sales tax.

J.     A dealer who has multiple locations will be allowed from his salesman’s license to sell at all locations owned by him.

AUTHORITY NOTE :   Promulgated in accordance with R.S. 32:784.

HISTORICAL NOTE:   Promulgated by the Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:1062 (November 1985), amended by the Department of Economic Development, Used Motor Vehicle and Parts Commission, LR 15:258 (April 1989), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1634 (August 2007), amended by the Office of the Governor, Used Motor Vehicle Commission, LR 36:2288 (October 2010).

§2904. Additional Licensing, Requirements for the Automotive Dismantler and Parts Recycler and Used Parts and Accessories Dealers

A.    Every automotive dismantler and recycler issued an automotive dismantler’s license and number will be permitted to purchase and sell salvage vehicles and transfer motor vehicle titles for the purpose of dismantling and selling the parts thereof to include the salvaged vehicle with title.

B.    An automotive dismantler and parts recycler may offer a rebuilt, wrecked, abandoned or repairable motor vehicle at wholesale only. If such vehicle is offered for sale at retail, the dismantler will be operating as a used motor vehicle dealer and is subject to licensing requirements and used motor vehicle dealer rules and regulations thereof. However, an automotive dismantler and parts recycler, duly licensed by the commission, shall have the authority to transfer the certificate of title as dealer under the Louisiana Certificate of Title Law, (i.e., transfer to another dealer without payment of tax). In order to sell a vehicle at retail, an automotive dismantler and parts recycle must be licensed hereunder as a used motor vehicle dealer providing a good and sufficient bond, executed by the applicant as principal by a surety company qualified to do business as surety in the sum of $20,000.

C.    At least one salesman’s license shall be issued for each business. License fees charged and received by the commission shall be the same as for all other salesmen licensed by the commission as described in R.S. 781(33).

D.    Used parts and accessories are broadly defined as any item removed from a used motor vehicle for the purpose of resale, except used batteries, wheel covers and hubcaps, and tires. Used parts and accessories do not include rebuilt or remanufactured parts and accessories.

E.    License fees charged and received by the commission for licenses issued on dealers above shall be the same as for all other dealers licensed by this agency as is described in R.S.32:802(A).

F.     At least one salesman’s license shall be issued for each business. License fees charged and received by the commission shall be the same as for all other salesmen licensed by the commission as described in R.S. 32:802.

G.    A surety bond will not be required for dealers whose principal business is selling used parts.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:802.

HISTORICAL NOTE:   Promulgated by the Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:1063 (November 1985), amended by Department of Economic Development, Used Motor Vehicle and Parts Commission, LR 20:535 (May 1994), promulgated LR 20:645 (June 1994), LR 24:1683 (September 1998), amended LR 25:245 (February 1999), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 30:2481 (November 2004), LR 33:1634 (August 2007).

§2905. Qualifications and Eligibility for Licensure

A.    The commission, in determining the qualifications and eligibility of an applicant for a dealer’s license, shall verify:

1.     the applicant has an established place of business properly zoned in the municipality, provide a suitable office, have a permanently affixed sign, clearly visible from the street or roadway at a minimum of 16 square feet and subject to local zoning laws, in front of the establishment which denotes that vehicles are offered for sale at the location to which the sign is affixed. Existing signs prior to adoption of this rule will not have to meet the new requirements. If two or more dealers share a location, each dealer must display his own sign. Applicant must have an installed telephone listed in the business name at the established place of business, the telephone number shall be listed on the application for license;

2.     the applicant has the required garage liability insurance policy on all vehicles offered for sale or used in any other capacity in demonstrating or utilizing the streets and roadways in accordance with the financial responsibility laws of the state and for those dealers who conduct the business of daily vehicle rentals, a separate renter’s policy is in effect;

3.     The applicant’s business integrity, based upon the applicant’s experience in the same or similar businesses, his business history, and whether such applicant will devote full or part time to the business.

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:791.

HISTORICAL NOTE:   Promulgated by the Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:1062 (November 1985), amended by the Department of Economic Development, Used Motor Vehicle and Parts Commission LR 15:258 (April 1989), LR 15:375 (May1989), LR 24:1682 (September 1998), LR 25:245 (February 1999), amended by the Office of the Governor, Used Motor Vehicle and Parts Commission, LR 30:436 (March 2004), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 30:2480 (November 2004), LR 33:1635 (August 2007), amended by the Office of the Governor, Used Motor Vehicle Commission, LR 37:1405 (May 2011), repromulgated LR 37:1612 (June 2011).

§2907. Established Place of Business

A.    An established place of business shall mean a permanently enclosed building or structure either owned in fee, leased or rented, which meets local zoning or the municipal requirements, and regularly occupied by a person, firm or corporation, easily accessible to the public at which a regular business of selling used motor vehicles will be carried on in good faith; and, at which place of business shall be kept and maintained the books, records, and files necessary to conduct the business; and, shall not mean tents, temporary stands, lots, or other temporary quarters.

B.    A dealer licensed by the Commission to conduct auctions at an established place of business may conduct a public or retail auction for a specified period of time at a location other than the dealer’s established place of business after receipt of a license for the other location. A licensed dealer which conducts a public or retail auction at a location other than the dealer’s established place of business shall include the address and telephone number of dealer’s established place of business together with a telephone number to be used during the auction on all signs and bills of sale and shall obtain a public retail auction license for the auction location prior to advertising the auction.

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:791.

HISTORICAL NOTE:   Promulgated by the Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:1063 (November 1985), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1635 (August 2007), amended by the Office of the Governor, Used Motor Vehicle Commission, LR 37:1405 (May 2011), repromulgated LR 37:1612 (June 2011).

Chapter 30

Recreational Products Trade Show; Definitions, License Fees and Applications; Violations and Regulation

§3001. Definitions

Display Permit―a temporary license issued to a nonresident exhibitor, to display recreational products at a trade show or exposition. The permit issued shall be for the duration of the trade show only and shall not exceed 14 days.

 

Local Trade Show―a trade show in which the promoter’s initial invitation is limited to Louisiana-licensed dealers within a 30-mile radius around the show location.

 

Nonresident Exhibitor―a nonresident dealer or manufacturer of recreational products who holds a current dealer or manufacturer license in another state and whose Louisiana business is limited to participation in trade shows or expositions in this state.

 

Promoter―any person, firm, association, corporation, partnership, limited liability company or trust, who alone or with others assumes the financial responsibility of a recreational products trade show or exposition in which recreational products are displayed by licensed dealers, manufacturers or distributors, or exhibitors as provided herein.

 

Recreational Products―any new or used recreational vehicle, motorcycle, ATV, or marine product.

 

Regional Trade Show―a trade show in which the promoter’s initial invitation is only limited to Louisiana-licensed dealers and whose subsequent invitations may include any nonresident exhibitor who will display and show any product not displayed or shown by a Louisiana-licensed dealer.

 

Trade Show―a controlled event in which a promoter charges or barters for booth space and/or charges for spectator entrance in which three or more recreational products dealers exhibit vehicles.

 

Trade Show Permit―a temporary license issued to a promoter to perform a recreational products trade show.

 

AUTHORITY NOTE: Promulgated in accordance with R.S. 32: 783(F)(7).

 

HISTORICAL NOTE: Promulgated by the office of the Governor, Recreational and Used Motor Vehicle Commission, LR 34:435 (March 2008).

§3002. License Fees and Applications

A. Promoters of recreational products trade shows shall be required to obtain a license from the commission and its request for license shall consist of the following:

1. the application for license shall be on forms prescribed by the commission and shall require such information as the commission deems necessary to enable it to determine the qualifications and eligibility of the applicant;

2. a license fee of $100;

3. a promoter’s license shall be for one calendar year and shall expire on December 31.

B. A promoter shall also be required to obtain a trade show permit from the commission and its request for a permit shall consist of:

1. the identity of at least three participants, the start date, ending date, location of the proposed trade show or exposition, and the type of vehicles to be promoted at the trade show;

2. an official designation as to whether the trade show is a regional trade show, with proof supporting that the show facilities have adequate space to host the type of show being permitted;

3. a fee of $500 per regional trade show;

4. a fee of $200 per local trade show.

C. A nonresident exhibitor shall be required to provide the following documents to the commission to obtain a display permit to display recreational products in a trade show:

1. an oath or affirmation that the nonresident exhibitor has complied with all registration requirements of the state in which he conducts his business including any requirements pertaining to posting of bond and demonstration of fiscal responsibility;

2. a notarized copy of the dealer’s or manufacturer’s current license issued in the state in which he conducts his business;

3. the name, site, and dates of the show or exposition for which a nonresident exhibitor’s permit is sought and the name and address of the promoter of that show or exposition;

4. such other pertinent information consistent with the safeguarding of the public interest and public welfare;

5. an application fee of $100.

D. A Louisiana-licensed recreational products dealer who participates in a recreational products show or exposition shall not be deemed to have an additional place of business at that show or exposition and shall not be charged any permit fees.

E. All applications to the commission for display permits received within five days of that start of the trade show or exposition shall be charged a $50 late processing fee.

 

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:783(F)(7).

 

HISTORICAL NOTE: Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission LR 34:436 (March 2008).

§3003. Order of Preference and Priority

A. The following order of preference shall be observed by the promoter in arranging a regional trade show.

1. The promoter shall first contact all Louisiana-licensed dealers who sell the type of vehicles being promoted, and those Louisiana-licensed dealers who accepted the invitation to attend the show shall exclude all nonresident exhibitors from displaying or showing the particular line of recreational products that they are displaying at the show or exposition. The acceptance of an invitation by a Louisiana-licensed dealer shall be expressed as a signed contract for space and accompanied by any deposits required by the show promoter and shall be performed within a reasonable time following the invitation as required by the promoter.

2. The promoter may then invite any nonresident exhibitor to attend the show or exposition to display and show any product not displayed or shown by a Louisiana-licensed dealer.

B. The following order of preference shall be observed by the promoter in arranging a local trade show.

1. The promoter shall first contact all Louisiana-licensed dealers who sell the type of vehicles being promoted, starting within a 30-mile radius of the proposed show or exposition, and those Louisiana-licensed dealers within a 30-mile radius to the show who accepted the invitation to attend the show shall exclude all other dealers from outside of 30 miles from displaying or showing the particular line of recreational products that they are displaying at the show or exposition.

2. The promoter may invite but shall accept any requests from a Louisiana-licensed dealer, who is not excluded by the provision above and is beyond 30 miles to attend a show or exposition, and those Louisiana-licensed dealers who attend the show shall exclude all nonresident exhibitors from displaying or showing the particular line of recreational products that they are displaying at the show or exposition.

3. The promoter may then invite any nonresident exhibitor to attend the show or exposition to display and show any product not displayed or shown by a Louisiana-licensed dealer.

 

AUTHORITY NOTE: Promulgated in accordance with R.S. 783 (F)(7).

 

HISTORICAL NOTE: Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 34:436 (March 2008).

§3004. Violations

A. It shall be unlawful and shall constitute a violation of this Chapter:

1. for a recreational products dealer or a non resident exhibitor to display or show recreational products at any trade show except as allowed in §3003 above;

2. for a nonresident exhibitor to display or show recreational products at a trade show without first obtaining a display permit;

3. for a promoter:

a. to knowingly allow any dealer or nonresident exhibitor to display recreational products in any manner other than what is allowed in §3003 above;

b. to knowingly allow any dealer or nonresident exhibitor of recreational vehicles to display or show any line of recreational vehicles offered by any licensed recreational vehicle dealer whose franchise area includes the location of the trade show, unless the recreational vehicle dealer whose franchise territory includes the location of the trade show consents to the display;

c. to knowingly allow a nonresident exhibitor to display or show recreational products without having a display permit;

d. to fail to keep all records of attending dealers and sufficient and reasonable proof of the required invitations to dealers and proof that dealers who have declined to attend a trade show or exposition for a period of three years;

e. to allow a manufacturer or distributor, other than a nonresident exhibitor, to exhibit vehicles in any manner other than through a licensed dealer;

f. to fail to provide to the commission 10 days prior to the trade show a complete list of all dealers participating in the trade show;

4. for a licensed recreational products dealer or nonresident exhibitor to complete a sales transaction (by accepting the purchase funds, completing the paperwork and/or delivering product) for any recreational products at a trade show. Said restriction shall not apply or extend to sales and price negotiation, accepting deposits, setting closing dates, or completing a buyer’s order;

5. for a licensed recreational vehicle dealer to knowingly display at a trade show the same line of recreational vehicles as displayed by a licensed recreational vehicle dealer whose franchise territory includes the location of the trade show, unless the recreational vehicle dealer whose franchise territory includes the location of the trade show consents to the display;

6. for a licensed recreational vehicle manufacturer or distributor to exhibit recreational vehicles at a trade show in any manner other than through a licensed dealer.

 

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:783(F)(7).

 

HISTORICAL NOTE: Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 34:436 (March 2008).

§3005. Miscellaneous Provisions; Enforcement

A. If a recreational vehicle trade show is being held in a location where the same line makes or models of recreational vehicles does not have a dealer with a franchise territory, it shall be the manufacturer’s responsibility to determine which licensed dealer(s) will represent that same line makes or models at the trade show.

B. The commission shall have authority to issue any orders necessary to enforce the provisions of this Section, including the entry of a cease and desist order which may be enforced in any proper venue including the parish of East Baton Rouge.

C. In addition to the enforcement of any necessary orders, the commission may suspend or revoke any license and/or it may impose a penalty in accordance with R.S. 32:788. In such cases, the affected licensee will be given all notices, opportunity to be heard and rights to appeal as conferred in R.S. 32:785.

 

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:783(F)(7).

 

HISTORICAL NOTE: Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 34:437 (March 2008).

§3006. Off-Site Displays―Marine Products

A. The commission must approve all off-site displays of new marine products. A request for an off-site display must be received and approved by the commission seven days prior to the commencement of the display.

B. The location of any off-site display must be within the dealer’s defined area of responsibility or within his manufacturer’s contracted agreement for the make and mode to be displayed.

C. The licensee participating in an off-site display of his product is not required to contract all dealers within a 50 mile radius.

D. Each off-site display of marine products is limited to:

1. one marine dealer;

2. nine days and four displays a year. An off-site display of marine products will be permitted at the same location every six months.

E. The number of vehicles at any off-site display of marine products will be left to the discretion of the commission, with a maximum of 20 vehicles per licensee, per display.

F. The presence of any sales personnel, business cards, brochures, pricing sheets and other points of sales devices will be allowed to answer consumer questions. However, marine products cannot be delivered from that off-site display location.

G. Any licensee participating in an off-site display without the approval of the commission will be in violation of R.S. 32:814(A)(7)(d) and will result in a minimum penalty of $500 per vehicle, per display for the first offense.

H. A licensee must furnish a liability insurance binder to the owner of the off-site property. The same liability binder with the off-site property and owner listed must be furnished to the commission with the Off-Site Display Form.

I. This policy is separate from the rules and regulations pertaining to trade shows.

 

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:783.

 

HISTORICAL NOTE: Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 34:437 (March 2008).

 

Chapter 31

License for Salesman

§3101. Qualifications and Eligibility for Licensure

A.    The commission, in determining the qualifications and eligibility of an applicant for a salesman license, will base its determinations upon the following factors.

1.     The applicant’s business integrity, based upon the applicant’s experience in the same or similar businesses, his business history, and whether such applicant will devote full or part time to the business.

2.     A license for a salesman will not be issued, renewed or endorsed until the employing dealer is licensed and has certified that the applicant for said license is in his employ and applicant is listed on the insurance statement and covered under the dealer’s liability insurance policy. It is not intended that the dealer pay for licenses for its salesmen. However, for convenience, the dealer may do so on a reimbursable basis or any other plan satisfactory to its organization. All salesmen’s licenses will be sent to the dealer for distribution to the respective applicants, and the dealer will determine that all its personnel required to obtain licenses have done so.

B.    A salesman’s license shall consist of an identification card bearing the name, address, name of employer, date, signature of the executive director, salesman’s license number prefixed with SM, followed by an electronic number. The card shall be carried upon his person at all times when acting as a salesman at license location.

C.    Upon termination of employment, the salesman license will be returned by the dealer to the office of the Used Motor Vehicle Commission within 10 days.

D.    A salesman may not hold more than one salesman’s license at any one time or be employed by or sell for, any dealer other than the dealer and at the address designated on the salesman’s license, with the exception that the licensed dealer has more than one location. The licensed dealer and licensed salesman may sell on each location properly licensed as additional locations, provided the additional locations are in the same name as the principal location.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:781(33).

HISTORICAL NOTE:   Promulgated by the Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:1063 (November 1985), amended by the Department of Economic Development, Used Motor Vehicle and Parts Commission, LR 15:258 (April 1989), LR 25:245 (February 1999), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 30:2481 (November 2004), LR 33:1635 (August 2007), amended by the Office of the Governor, Used Motor Vehicle Commission, LR 36:2289 (October 2010).

Chapter 35

Buyer Identification Card

§3501. Buyer Identification Card Required

A. Sales at a salvage pool, salvage disposal sale, or through an insurance company shall be opened only to persons possessing a buyer’s identification card to buy at a salvage pool, salvage disposal sale, or through an insurance company.

 

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:762.

 

HISTORICAL NOTE: Promulgated by the Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:1064 (November 1985), amended by the Department of Economic Development, Used Motor Vehicle and Parts Commission, LR 15:259 (April 1989), LR 15:1058 (December 1989).

 

§3503. Qualifications and Eligibility for Buyer Identification Card

A. The commission, in determining the qualifications and eligibility of an applicant for a buyer’s identification card, will base its determinations upon the following factors.

1. Identification cards to bid or buy at salvage pools, salvage disposal sales, or through insurance companies shall be available to any person, business, or corporation, or licensed employee thereof, possessing a valid used car dealer’s license, a valid auto recycler’s license, or a valid auto dismantler’s license. Any one of these dealers’ licenses may originate in or out of the state of Louisiana.

2. Completion of Official Recreational and Used Motor Vehicle Commission Application Forms. Payment of Louisiana state general sales tax is due on all vehicles purchased at a salvage pool or salvage disposal sale and applicant must certify that applicant will faithfully adhere to this requirement.

B. The buyer’s identification card shall include the name, address, driver’s license number, any one of the aforementioned dealers’ license numbers, physical description, and signature of the applicant and the name and address of the employer of the applicant. The buyer’s identification number to be prefixed with BI, followed by an electronic number. Cards obtained for the buyers will be $25 each for Louisiana resident and $200 each for out-of-state resident. Out of state buyers must provide proof that they are a licensed used motor vehicle dealer, auto recycler, auto dismantler or employee thereof. A duplicate identification card will be issued to all buyers that will consist of individual’s name, driver’s license number, Social Security number, dealership name, dealer number, salesman number, photograph and the individual’s signature. This card must be carried with the individual and produced on demand while conducting the business for which this license has been issued. Applicants may provide a copy of the license. However, if the commission has reasonable cause to suspect that the copy is forgery or inaccurate, then the commission may require the applicant to produce a certified copy of the license.

C. The buyer’s identification card shall be carried upon the cardholder’s person and same displayed to owner, manager, or person in charge of any salvage pool or salvage disposal sale, representative of the commission or any identifiable law enforcement agent of the state, city or municipality. The buyer’s identification card is not transferable or assignable. Physical description and signature of cardholder must be compared with cardholder’s driver’s license for valid identification by owner, manager, or person in charge of any salvage pool or salvage disposal sale. It shall be the duty of the owner, manager or person in charge of any salvage pool or salvage disposal sale to refuse to sell to any person any wrecked or repairable motor vehicle if such person does not display a valid buyer’s identification card.

1. Each buyer’s identification cardholder may be accompanied to any salvage pool or salvage disposal sale by a mechanic or other technical expert of his choice, prior to the actual sale. At the time of the actual bidding, only valid bid cardholders shall be present.

2. A technical expert is one who is knowledgeable in a specialized field, that knowledge being obtained from either education or personal experience, regarding a subject matter about which persons having no particular training are incapable of forming an accurate opinion or making a correct deduction.

 

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:808.

 

HISTORICAL NOTE: Promulgated by the Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:106 4(November 1985), amended by the Department of Economic Development, Used Motor Vehicle and Parts Commission, LR 15:259 (April 1989), LR 15:1058 (December 1989), amended by the Office of the Governor, Used Motor Vehicle and Parts Commission, LR 28:1588 (July 2002), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 30:2481 (November 2004), LR 33:1635 (August 2007).

Chapter 36 Subchapter A.

Recreational Products Trade Shows

§3601. Definitions

Exhibitor-a nonresident dealer who meets the definition of a recreational products dealer subject to license under R.S. 32: 811(A), but holds a current dealer license in another state and whose Louisiana business is limited to participation in vehicle trade shows or expositions in this state.


Manufacturer 
or Distributor-any person,  resident or nonresident who fabricates, manufactures, or assembles new and unused vehicles or who in whole or in part maintains distributor representatives licensed under R.S.32:784.


Permit
-a temporary license issued to a licensed used motor vehicle dealer, exhibitor, manufacturer or distributor, to display vehicles at a vehicle trade show or exposition.  The permit issued shall be for the duration of the trade show only and shall not exceed 14 days.


Promoter
-means any person of Louisiana residence who alone or with others assumes the financial responsibility of a vehicle trade show or exposition in which vehicles are displayed by dealers, manufacturers or distributors, licensed under R.S. 32:784.


Trade
 Show-means a controlled event in which a promoter charges or barters for booth space and/or charges for spectator entrance in which 3 or more used motor vehicle dealers exhibit vehicles.


Recreational Products Dealer – any person  
subject to license under R.S. 32:784 and 811.

AUTHORITY NOTE:
Promulgated in accordance with R.S. 32:783(F)(7).

HISTORICAL NOTE:
Promulgated by the Department of Economic Development, Used Motor Vehicle and Parts Commission, LR 16:113 (February 1990), LR 25:1792 (October 1999), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1635 (August 2007).

§3603. License, Fees and Applications

A.    Promoters of recreational products trade shows shall be required to obtain a license from the Louisiana Recreational and Used Motor Vehicle Commission and the license application shall consist of the following:

1.  application for license shall be on forms prescribed by the commission and shall require such information as the commission deems necessary to enable it to determine the qualifications and eligibility of the applicant;

2.  a license fee of $100;

3.  a promoter’s license shall be for one calendar year and shall expire on December 31;

4.  a promoter shall also be required to obtain a permit for any trade show or exposition from the LRUMVC;

5.  a permit fee
of $50 will be charged for each show.

B.  An exhibitor shall be required to obtain a permit to display vehicles in a trade show or exposition which shall consist of the following:

1.  an oath or affirmation that the exhibitor has complied with all registration requirements of the state in which he conducts his business including any requirements pertaining to posting a bond and demonstration of fiscal responsibility;

2.  a notarized
copy of the dealer’s current license issued in the
state in which he conducts his business;

3.  the name, site, and dates of the show or exposition for which an exhibitor’s permit is sought and the name and address of the promoter of that show or exposition;

4.  such other
pertinent information consistent with the
safeguarding of the public interest and public
welfare;

5.  an application fee of $100.

C. A recreational products dealer shall be required to obtain a permit to display recreational products in trade shows or expositions and consist of the following:

1.  an application giving the dealer name, address and current dealer number;

2.  a licensed recreational products dealer who participates in a recreational products show or exposition shall not be deemed to have an additional place of business at that show or exposition and shall not be charged any permit fees.

D. All applications for permits received with 5 days of the start of the trade show or exposition shall be charged a $50 late processing fee.

AUTHORITY NOTE:
Promulgated in accordance with R.S. 32:783(F)(7).

HISTORICAL NOTE:

Promulgated by the Department of Economic Development, Used Motor Vehicle and Parts Commission, LR 16:113 (February 1990), amended by LR 19:1021 (August 1993), LR 25:1792 (October 1999), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1636 (August 2007).

§3605. Qualifications and Eligibility of Recreational Products Trade Shows

A.  Promoters of recreational products trade shows or expositions in which a dealer, manufacturer, or distributor, which is required to be licensed under R.S. 32:784 and 811, displays vehicles, are required to obtain a permit from the LRUMVC no later than 60 days prior to the start date of the recreational products trade show and shall give the start date, ending date, location of the proposed  trade show or exposition, and the type of vehicles to be promoted.

B.  Within 10 days of the start of the event, the promoter shall also furnish a complete list of all licensed Louisiana dealers who will participate. This list shall also include the dealer’s current dealer number.

C. A promoter may invite exhibitors to attend the trade show or exposition by providing proof to this commission that:

1.   all Louisiana dealers, who are in Orleans or Jefferson Parish, who sell the type vehicles being promoted, starting within a thirty mile radius of the proposed location of the trade show or exposition, have been contacted and given the opportunity to attend and space is still available.  A 50-mile radius of the proposed location of the trade show or exposition, have been contacted and given the opportunity to attend and space is still available;

2.  all Louisiana dealers, who are not in Orleans or Jefferson Parish, who sell the type vehicles being promoted starting within a 50 mile radius of the proposed location of the trade show or exposition, have been contacted and given the opportunity to attend and  space is still available;

3.  that the exhibitor invited is a greater distance away than a Louisiana dealer selling the same make, model or brand and that the Louisiana dealer has declined to attend; or

4.  that the exhibitor invited will only display a make, model, or brand not sold by any Louisiana dealer.

D.  If the majority of local Louisiana licensed dealers in a trade show area decline to attend, the commission shall have the authority to prohibit any trade show.

E. A promoter is required to keep all records of attending dealers and all records of dealers  that have declined to attend a trade show or exposition for a period of five years.

F. A manufacturer or distributor may exhibit vehicles through a licensed dealer and may only display suggested list price.

G. A minimum of three Louisiana dealers will be required for all trade shows.  Of the three Louisiana dealers, each dealer must represent a separate company or corporation.

H. Any promoter who violates any provisions of these rules and regulations shall be subject to the civil penalties under R.S. 32:788.

I. The executive director may, upon approval by the commission, suspend or modify any portion or portions of these rules and regulations herein when it is in the best interest of the community in which the trade show is being held.

J. The commission may deny an application for a permit for any licensed used motor vehicle dealer or manufacturer for any reason it feels to be in the best interest of the trade show to be held.

AUTHORITY NOTE:
Promulgated in accordance with R.S. 32:783 (F)(7).

HISTORICAL NOTE:
Promulgated by the Department of Economic Development, Used Motor Vehicle and Parts Commission, LR 16:113 (February 1990), amended LR 19:1021 (August 1993), LR 25:1792 (October 1999), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1636 (August 2007).

Chapter 36 Subchapter B.

Motor Vehicle Trade Shows and Off-Site Displays

§3606. Off-Site Displays-Marine Products

A.  The commission must approve all off-site displays of new marine products.  A request for an off-site display must be received and approved by the commission seven days prior to the commencement of the display.

B.   The location of any off-site display must be within the dealer’s defined area of responsibility or within his manufacturer’s contracted agreement for the make and model to be displayed.

C.  The licensee participating in an off-site display of his product is not required to contract all dealers within a 50-mile radius.

D.  Each off-site display of marine products is limited to:

1.  one marine dealer;

2.   nine days and four displays a year.  An off-site display of marine products will be permitted at the same location every six months.

E.  The number of vehicles at any off-site display of marine products will be left to the discretion of the commission, with a maximum of 20 vehicles per licensee, per display.

F.  The presence of any sales personnel, business cards, brochures, pricing sheets and other points of sales devices will be allowed to answer consumer questions. However, marine products cannot be delivered from that off-site display location.

G.  Any licensee participating in an off-site display without the approval of the commission will be in violation of R.S. 32:814(A)(7)(d) and will result in a minimum penalty of $500 per vehicle, per display for the first offense .

H.  A licensee must furnish a liability insurance binder to the owner of the off-site property.  The same liability binder with the off-site property and owner listed must be furnished to the commission with the Off-Site Display Form.

I.  This policy is separate from the rules and regulations pertaining to trade shows.

AUTHORITY NOTE:
Promulgated in accordance with R.S. 32:783.

HISTORICAL NOTE:
Promulgated by the Office of the Governor, Used Motor Vehicle and Parts Commission, LR 30:1018 (May 2004), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1636 (August 2007).

§3607. Off-Site Displays-Motorcycles, ATV’s and RV’s

A.  The commission must approve all off-site displays of new motorcycles, new ATV’s, and new RV’s.  A request or any off-site display must be received and approved by the commission seven days prior to the commencement of the display.

B.  The location of any display must be within the dealer’s defined area of responsibility for the make and model to be displayed.

C.  Each off-site display is limited to 30 days.  However, there will not be a limit on the number of off-site displays allowed per year, per licensee.

D.  The number of vehicles at any off-site display will be left to the discretion of the commission, with a maximum if six vehicles per licensee, per licensee.

E.  The presence of any sales personnel, business cards, brochures, pricing sheets, or any other points of sale device will not be allowed and will constitute a violation by the dealer of the laws of the rules and regulations of the commission.  A 2′ x 3′ sign indicating the dealership name, address and telephone number is allowed.

F. Any licensee participating in an off-site display without the approval of the commission will be in violation of R.S. 32:814(A)(7)(d) and will result in a minimum penalty of $500 per vehicle, per display for the first offense.

G. This policy is separate from the rules and regulations pertaining to trade shows.

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:783(E)(1).

HISTORICAL NOTE: Promulgated by the Office of Governor, Used Motor Vehicle and Parts Commission, LR 30:1019 (May 2004), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1636 (August 2007

Chapter 37.

Changes to be Reported to Commission

§3701. Changes to be Reported to Commission and Fee Assessment

A.    Any changes of address, ownership or employment by a dealer shall be reported to the commission within 10 days of the change. A picture of the new location must be sent with notification. A fee of $100 will be charged each time a dealer changes his business location.

B.    The dealer will notify the commission when a salesman’s employment is terminated by returning the salesman’s certificate as set out in Chapter 31.

C.    Each salesman shall surrender his identification card to the commission and obtain a new license for the new location before again engaging in the business as a salesman for another used motor vehicle dealer.

D.    Any change which renders no longer accurate any information contained in an application for dealer or automotive dismantler license filed with the commission shall be amended within 30 days after the occurrence of the change on the form prescribed by the commission, accompanied by the appropriate fee.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:774.B(4)(g).

HISTORICAL NOTE:   Promulgated by the Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:1064 (November 1985), amended by the Department of Economic Development, Used Motor Vehicle and Parts Commission, LR 15:259 (April 1989), LR 18:1117 (October 1992).

Chapter 39

Business Transactions

§3901. Register of Business Transactions

A.    Every used motor vehicle dealer and automotive dismantler and parts recycler shall keep a register and/or records of all purchases and sales of motor vehicles for three 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 records shall include all titles, bills of sale, temporary tag books, monthly sales reports, consignment agreements, and inventory and parts records. A salvage pool or salvage disposal sale must maintain a register of all purchases and sales of motor vehicles for three 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 include all titles. The salvage pool or salvage disposal sale may maintain its records electronically.

B.    Such registers and/or records shall be made available for inspection by the Used Motor Vehicle and Parts Commission representatives or identified law enforcement officers of the state, parish and municipality where the business of the used motor vehicle dealer, automotive dismantler and parts recyclers, salvage pool or salvage disposal sale is located, during reasonable business hours or business days.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:757.A-B.

HISTORICAL NOTE:   Promulgated by the Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:1064 (November 1985), amended by Office of the Governor, Used Motor Vehicle and Parts Commission, LR 28:1588 (July 2002).

Chapter 43.

License Renewal

§4301. Period for Renewals

A.    Applications should be submitted by November 1 of each year. If applications have not been made for renewal of existing licenses, such licenses shall expire December 31 and it shall be illegal for any person to represent himself as a dealer thereafter. The commission shall issue all new licenses by January 10 of each year.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:774.B(4).

HISTORICAL NOTE:   Promulgated by the Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:1064 (November 1985).

Chapter 44.

Educational Seminar

§4401. Required Attendance

A.    On or after January 1, 2005, every applicant for a license issued by the Used Motor Vehicle Commission except those excluded by statute must attend a four-hour educational seminar approved and conducted by the Louisiana Used Motor Vehicle Commission.

1.     The seminar will be conducted by employees of the Used Motor Vehicle Commission and will be held at such place to be determined by the commission upon reasonable notice.

2.     The seminar will be held once a month on a date and at a time to be determined by the commission upon reasonable notice.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:791(B) (3), 802 (D), 811 (B).

HISTORICAL NOTE:   Promulgated by the Office of the Governor, Used Motor Vehicle and Parts Commission, LR 28:2351 (November 2002), amended LR 30:436 (March 2004), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1637 (August 2007), amended by the Office of the Governor, Used Motor Vehicle Commission, LR 36:2289 (October 2010).

§4403. Certification

A.    Upon applying for a license from the commission, the applicant must attach a copy of the certificate of completion which documents that the dealership’s general manager, office manager, title clerk or other responsible representative of the dealership has attended the four-hour educational seminar. If the applicant has not completed the educational seminar, he must provide evidence that he has registered to attend such seminar within 60 days after issuance of the license.

B.    The certificate shall list the participant’s name, name and address of the dealer, date of completion and signature of instructor.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:791(B)(3), 802 (D), 811(B).

HISTORICAL NOTE:   Promulgated by the Office of the Governor, Used Motor Vehicle and Parts Commission, LR 28:2351 (November 2002), amended LR 30:436 (March 2004), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1637 (August 2007).

§4405. Educational Program

A.    The educational seminar will consist of information pertaining to the Used Motor Vehicle Commission, Department of Revenue, Office of Motor Vehicles, Wildlife and Fisheries, Motor Vehicle Commission and Attorney General’s Office. The items to be reviewed are as follows:

1.     LUMVC―background of the agency, laws, rules and regulations, license requirements, area of responsibility, complaint procedures, and non-delivery of titles;

2.     LMVC―finance licenses;

3.     Revenue―submission of monthly sales reports and collection of taxes;

4.     Office of Motor Vehicles―non-delivery of titles, certificates of title and completion of titles by dealers;

5.     Wildlife and Fisheries―registration of marine products;

6.     Office of Attorney General―civil and criminal matters.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:791(B)(3), 802(D), 811(B).

HISTORICAL NOTE:   Promulgated by the Office of the Governor, Used Motor Vehicle and Parts Commission, LR 28:2352 (November 2002), repromulgated LR 28:2511 (December 2002), amended by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1637 (August 2007), amended by the Office of the Governor, Used Motor Vehicle Commission, LR 36:2289 (October 2010).

Chapter 45

Complaints

§4501. Complaints

A.    All forms of complaints made to the commission must be made on the complaint form provided by the commission.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:776(A)(3).

HISTORICAL NOTE:   Promulgated by the Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:1065 (November 1985), amended by the Department of Economic Development, Used Motor Vehicle and Parts Commission, LR 15:260 (April 1989), amended by the Office of the Governor, Used Motor Vehicle and Parts Commission, LR 30:1019 (May 2004).

Chapter 47.

Procedure for Adjudications before the Recreational and Used Motor Vehicle Commission

§4701. Hearing Officer

A.    Designation and Appointment

1.     The positions of the executive director and the Administrative Manager III shall have the powers of the hearing officer, unless as otherwise designated by the chairman.

2.     In the absence of the executive director or the Administrative Manager III, the chairman shall designate the hearing officer.

B.    Power and duties:

1.     may be designated by the chairman to conduct hearings;

2.     shall prepare and issue all notices for any hearings;

3.     shall consider all relevant evidence in a request for an interlocutory cease and desist order and shall issue that order on the basis of the evidence presented;

4.     shall set for hearing all rules to show cause why a cease and desist order should not be issued;

5.     shall issue and enforce subpoenas in accordance with R.S. 32:785;

6.     shall render rulings on preliminary matters, such as requests for continuances, requests for recusals, requests for subpoenas, other motions or objections and discovery disputes;

7.     shall conduct and make rulings with regard to compliance hearings held in accordance with R.S. 49:961(C);

8.     shall consult with the field investigators with regard to the calling of witnesses;

9.     shall consult with the field investigators with regard to preparing exhibits for introduction at the hearing;

10.  shall assist with the preparation of the findings of fact and conclusions of law and the judgment of the commission, including the delivery or service thereof;

11.  shall assist with the preparation of the post-hearing record for any appeal.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:785.

HISTORICAL NOTE:   Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 32:1221 (July 2006), amended LR 33:1637 (August 2007).

§4703. Hearing Chairman

A.    The chairman of the commission shall designate the commissioner who shall serve as the hearing chairman.

B.    Authority and duties:

1.     may review and rule on preliminary matters prior to the adjudication;

2.     shall preside over adjudications held before the commission and shall conduct them accordingly;

3.     may administer oaths to witnesses;

4.     shall make findings and/or rulings with regard to evidentiary matters presented during the course of the hearing;

5.     shall only vote to resolve a split decision.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:776.

HISTORICAL NOTE:   Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 32:1221 (July 2006).

§4705. Hearing Committee

A.    The chairman of the commission shall designate the commissioners who shall serve as the hearing committee.

B.    The hearing committee shall consist of a chairman and two other members.

C.    The hearing committee shall hear adjudications as selected by the chairman to be heard in accordance with R.S. 49:957.

D.    The hearing committee shall issue proposed findings of fact and conclusions of law for presentation to the commission for a final order or judgment.

E.    Prior to the presentation of the proposed order to the commission, the proposed order shall be served on the party against whom the order is to be entered at least 15 days prior to the commission’s consideration.

F.     Any party affected by the proposed order may prepare a written brief which must be filed with the commission within 10 days following receipt of the proposed order, or the affected party may present an oral response at the meeting of the commission where the proposed order will be presented.

G.    Parties may waive the requirements of this paragraph by written stipulation, and the commission, in the event there is no contest, may eliminate compliance with this paragraph.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:776.

HISTORICAL NOTE:   Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 32:1222 (July 2006).

§4707. General Provisions on Hearings

A.    Notice of Hearing. The notice of hearing shall comply with the requirements of R.S. 32:785(C) and R.S. 49:955.

B.    Service of Notice. The notice of hearing shall be served:

1.     by a field investigator on the licensee either personally or at its place of business on the licensee’s employee (if service is made in this manner, the field investigator shall sign the acknowledgment of service); or

2.     through the office by certified or registered mail (the return receipt shall serve as acknowledgment of service).

C.    Discovery. The Louisiana Code of Civil Procedure, Articles 1420 et seq., shall apply to all requests of discovery. Discovery shall be timely and give a reasonable opportunity to respond.

D.    Preliminary Motions and Exceptions. No preliminary motions or exceptions shall be considered by the commission unless filed five days prior to the hearing.

E.    Subpoenas

1.     Subpoenas shall be issued in accordance with R.S. 32:785(C)(3).

2.     Subpoenas may be issued for the purpose of assisting in the investigation of any violation or dispute which is before the commission.

3.     Subpoenas for the attendance of witnesses, and/or for the furnishing of information required by the commission and/or for the production of evidence of records of any kinds shall be issued by the hearing officer.

4.     Subpoenas shall be served by a field investigator either personally on the witness or at the witness’s place of business or abode or by certified mail or registered mail. A return shall be placed in the record designating the manner and date of service as well as the oath the person making the service.

5.     Any party to a hearing desiring the attendance of witnesses upon his behalf shall have the right to seek compulsory attendance of such witnesses and the production of relevant documents provided said party has filed a list of names and addresses with the hearing officer at least 10 days prior to the date that the testimony expected to be taken.

6.     The party requesting the issuance of a subpoena shall deposit with the hearing officer a sum consistent with R.S. 13:3661(B) to cover the costs of the issuance of the subpoena.

F.     Conduct and Order of the Hearing

1.     The chairman of the hearing committee shall preside over the conduct of the hearing and may set a reasonable time for the presentation of a matter depending on the nature of the case and the complexity of the issues.

2.     The chairman may in his discretion sequester witnesses.

3.     The chairman shall make rulings on evidentiary matters keeping in mind that the commission shall not be bound by the technical rules of the evidence and may admit material and relevant evidence. The principles underlying the Louisiana Code of Evidence shall serve as a guide to the admissibility of evidence in hearings before the commission. The specific exclusionary rules and other provisions shall be applied only to the extent that they tend to promote the purposes of proceedings before the commission.

4.     The hearing shall begin with any stipulation as to the facts or issues.

5.     Witness Examination

a.     Witnesses shall be first examined by the presenting attorney or by the hearing officer.

b.     Examination shall then be followed by the commissioners.

c.     Thereafter, examination may be performed by the licensee or its counsel.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:785.

HISTORICAL NOTE:   Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 32:1222 (July 2006), amended LR 33:1637 (August 2007).

§4709. Hearings on Application Appeals

A.    Any person whose application for license has been denied in accordance with R.S. 32:785(A)(1) shall be provided written notice by certified or registered mail that the application has been denied, the grounds for which the application has been denied and that the applicant has the right to appeal to the commission by making a written request for the appeal within 30 days following the receipt of the denial. No appeals will be considered beyond 30 days from receipt of the denial.

B.    Based on the applicant’s written request, the hearing officer will assign the appeal to be heard at the next available commission meeting. Notice of the appeal before the commission shall be served on the applicant at least five days prior to the meeting.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:785.

HISTORICAL NOTE:   Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 32:1222 (July 2006), amended LR 33:1637 (August 2007).

§4710. Hearings on Cease and Desist Orders

A.    A rule to show cause why a cease and desist order should not be issued shall be made in accordance with R.S.786(D)(1), and the notice shall be provided at least
10 days prior to the hearing either by certified or registered mail or by actual service made by a field investigator.

B.    An interlocutory cease and desist order shall only be issued by the hearing officer based on the request of a consumer, licensed dealer or licensed manufacturer.

C.    On a request for an interlocutory cease and desist order made pursuant to R.S. 32:786(D)(1), the hearing officer shall issue the order based on the evidence and information submitted by the party, and should the evidence fail to provide the grounds as required in R.S. 32:786(D)(1)(a) through (d), the interlocutory cease and desist order shall be denied and converted to a rule to show cause why a cease and desist order should not be issued.

D.    Should the interlocutory cease and desist order be signed and issued, the hearing officer may require that the requesting party issue a bond in an amount commensurate with the activity sought to be enjoined.

E.    The interlocutory cease and desist order shall notify the party against whom the order is issued that the order will remain in effect until the next available commission meeting date.

F.     An interlocutory cease and desist order shall be noticed for hearing in which the commission shall consider whether to vacate the order or incorporate the order into a final commission order. Said notice shall be served on all parties at least five days prior to the hearing.

G.    In accordance with R.S. 32:786(D)(2), the interlocutory cease and desist order shall notify the party against whom the order is issued of its right to appeal the order to the commission and that said appeal shall be heard at the next available commission meeting date.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 32:786.

HISTORICAL NOTE:   Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1637 (August 2007).

§4711. Hearings on Area of Responsibility Disputes

A.  Before a dealer can file a notice of intent under R.S. 32:815 or 817 to establish itself as a new dealer, it must provide to the commission written approval from the manufacturer and that the manufacturer has notified its existing dealer that it intends to establish a new dealer.

B.  When the commission receives a timely objection in accordance with either R.S. 32:815 or 817 the commission shall notice the dispute for hearing within 30 days following receipt of the objection; however, the hearing shall not be set any sooner than 10 days prior to the hearing date.

C.  The notice of hearing shall apprise each party that there are no violations under consideration and that the commission’s duties are only to allow the parties to present their dispute and to make an informed decision on the issues presented.

D.  The manufacturer and/or proposed new dealer shall be responsible for presenting evidence showing whether, the community can support an additional dealer, whether any change in the area of responsibility would increase competition or be in the public interest, and whether the existing dealer is providing adequate representation.

E.  The existing dealer shall be responsible for presenting evidence showing the impact on their business.

F.   No summary proceeding shall be allowed with regard to any final orders or judgments of the commission with regard to area of responsibility disputes.

AUTHORITY NOTE:  Promulgated in accordance with R.S. 32:785.

HISTORICAL NOTE: Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 32:1223 (July 2006), amended LR 33:1638 (August 2007).

§4713. Hearing on a Repurchase Demand

A.  Prior to noticing a repurchase demand for hearing, pursuant to R.S. 32:816, 818, 821 or 822, the hearing officer will determine the following:

1.  that the dealer has on file with the commission a franchise agreement, service agreement or letter of authorization from the manufacturer;

2.  that the dealer has made a request for repurchase by certified or registered mail within 30 days following the date it ceased to do business or ceased to carry that particular line. The dealer may combine this request with his final inventory;

3.  that the dealer has forwarded his final inventory to the manufacturer by certified or registered mail;

4.  that a field investigator has verified the existence of the product and has inspected the product.

B.  The notice of hearing on the repurchase demand shall be served on all parties, and shall be served, in the case of all recreational products with the exception of marine products, at least 15 days prior to the hearing.

C.  The notice of hearing on the repurchase demand for marine products shall be served on all parties at least 21 days prior to the hearing and shall notify the manufacturer of its option to appoint an independent marine surveyor. The marine manufacturer must identify the independent surveyor to the commission at least 10 days prior to the hearing and must furnish the surveyor’s report to the commission at least five days prior to the hearing; otherwise, the report and the testimony of the surveyor may be excluded from the hearing at the discretion of the hearing chairman. The commission shall timely forward the identity and report of the independent marine surveyor to the dealer.

AUTHORITY NOTE:  Promulgated in accordance with R.S. 32:785.

HISTORICAL NOTE: Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 32:1223 (July 2006), amended LR 33:1638 (August 2007).

Chapter 48.

Designation of Area of Responsibility for Marine Products

§4801. Procedure of Designation of Area of Responsibility

A.  Beginning August 16, 2004, the commission shall notify by certified mail each marine product manufacturer/distributor, who has prior to that date failed to designate an area of responsibility for each of its existing dealers, that they must designate an area of responsibility for each dealer within 30 days following receipt of the notifications. Failure to respond to the commission within 30 days shall constitute an absence of designation thereby mandating the areas of responsibility provided for in R.S. 32:781(2)(b).

B.  Following August 16, 2004, without such notification from the commission, each marine product manufacturer/distributor shall be responsible for designating an area of responsibility for any new dealer which has not had its area previously designated.

C.  Thereafter, any marine product manufacturer/ distributor which was not licensed with the commission prior to August 16, 2004, shall be notified by the commission by certified mail of their responsibility to designate an area of responsibility for their dealers. Failure to designate an area of responsibility for each dealer within 30 days following receipt of the notification shall constitute an absence of designation thereby mandating the area of responsibility provided for in R.S. 32:817(C).

D.  Any changes in the area of responsibility once designated must meet criteria as set forth in R.S. 32:817(C).

AUTHORITY NOTE:  Promulgated in accordance with R.S. 32:781 and 817.

HISTORICAL NOTE: Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 32:2481 (November 2004), amended LR 33:1638 (August 2007).

§4803. Uniform Procedures to Designate the Territory Assigned to a Marine Dealer

A.  On any occasion in which the marine product manufacturer/distributor has designated, an area of responsibility smaller in size to that provided for in R.S. 32:781(2)(b) the marine product manufacturer and/or distributor must furnish with the designation the uniform procedure to establish the community or territory that is assigned to a marine dealer. If the manufacturer/distributor fails to furnish a uniform procedure with its designation, the commission shall reject the designation and shall so notify the manufacturer/distributor of the rejection by certified mail. With the notice of rejection, the commission shall provide the manufacturer/distributor the opportunity to appeal the rejection to the commission in a hearing at the commission’s monthly meeting.

B.  Where the marine product manufacturer/distributor has provided the uniform procedure with its designation, the commission shall review the designation and advise the manufacturer/distributor within 10 days following receipt as to whether the designation has been accepted or rejected. If the designation has been rejected, the manufacturer/distributor shall be so notified by certified mail of the rejection and informed of the opportunity to appeal the rejection in a hearing at the commission’s monthly meeting.

AUTHORITY NOTE:  Promulgated in accordance with R.S. 32:781 and 817.

HISTORICAL NOTE: Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 30:2482 (November 2004), amended LR 33:1638 (August 2007).

Chapter 49.

Independent Marine Surveyor

§4901. Procedure for Appointing Independent Marine Surveyor

A.  When a marine product manufacturer/distributor elects to appoint an Independent Marine Surveyor to inspect the marine dealer’s inventory to determine whether the product has been altered or damaged to the prejudice of the manufacturer/distributor, the manufacturer/distributor shall notify the commission of the identity of the Independent Marine Surveyor within 15 days prior to the hearing before the commission. However, the manufacturer/distributor may post the identity of any pre-approved Independent Marine Surveyor with the commission.

B.  The notice of appointment of Independent Marine Surveyor or the approved list shall contain the résumé, curriculum vitae, or qualifications of Independent Marine Surveyor.

C.  The commission shall then promptly notify the dealer of the identity of the Independent Marine Surveyor as selected by the manufacturer/distributor.

AUTHORITY NOTE:  Promulgated in accordance with R.S. 32:771.

HISTORICAL NOTE: Promulgated by Office of the Governor, Recreational and Used Motor Vehicle Commission LR 30:2482 (November 2004).