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Arkansas Statutes, Title 23

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Arkansas/Statutes

← All Arkansas coverage

Title 23, Public Utilities and Regulated Industries

95 chapters · 3,921 sections in this title.

All chapters in Title 233,921 Ch 63, Insurance Companies Generally230 Ch 79, Insurance Policies Generally211 Ch 99, Healthcare Providers165 Ch 4, Regulation of Rates and Charges Gene…162 Ch 18, Light, Heat, and Power Utilities154 Ch 69, Domestic Stock and Mutual Insurers109 Ch 13, Motor Carriers107 Ch 17, Telephone and Telegraph Companies97 Ch 81, Life Insurance Policies And Annuities97 Ch 112, Arkansas Motor Vehicle Commission Act97 Ch 61, State Insurance Department95 Ch 48, Organization and Operation94 Ch 51, ARKANSAS TRUST INSTITUTIONS ACT OF 202589 Ch 12, Operation and Maintenance of Railroads87

3,921 sections·Filtered byTitle 23✕

Ark. Code Ann. § 23-112-1015 Change of ownership of dealer — Family succession
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(a) The following conditions apply to a proposed sale of the business assets, transfer of the stock, or other transaction that will result in a change of ownership of a dealer, except a transaction described in subsection (b) of this section:(1) The dealer shall:(A) Provide writt…
Ark. Code Ann. § 23-112-1016 Warranty obligation
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(a) Each warrantor shall:(1) Specify in writing to each of its dealers the obligations for preparation, delivery, and warranty service on its products;(2) Compensate the dealer for warranty service required of the dealer by the warrantor;(3) (A) Provide the dealer:(i) The schedul…
Ark. Code Ann. § 23-112-1017 Damage to recreational vehicles before arrival at dealership
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(a) All the following apply if a new recreational vehicle is damaged before transit to the dealer or is damaged in transit to the dealer when the carrier or means of transportation has been selected by the manufacturer or distributor:(1) The dealer shall notify the manufacturer o…
Ark. Code Ann. § 23-112-1018 Prohibited activity of manufacturer or distributor — Coercion

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(a) A manufacturer or distributor shall not coerce or attempt to coerce a dealer to:(1) Purchase a product that the dealer did not order;(2) Enter into an agreement with the manufacturer or distributor; or(3) Enter into an agreement that requires the dealer to submit its disputes…

Ark. Code Ann. § 23-112-1019 License — Denial, revocation, and suspension

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(a) For any of the following reasons, the Arkansas Motor Vehicle Commission may deny an application for a license required by this subchapter or revoke or suspend a license after it has been granted:(1) (A) Selling or soliciting sales of a recreational vehicle without:(i) A deale…

Ark. Code Ann. § 23-112-102 Legislative findings — Purpose

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(a) The General Assembly finds and declares that the distribution and sale of motor vehicles in Arkansas vitally affects the general economy of the state and the public interest and the public welfare. (b) The General Assembly further finds and declares that it is necessary, in t…

Ark. Code Ann. § 23-112-1020 Monetary penalty in lieu of suspension or revocation of license — Civil penalty

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(a) For a monetary penalty in lieu of suspension or revocation of a license, the following apply:(1) (A) If after alternative proceedings or notice and hearing the Arkansas Motor Vehicle Commission finds that a person holding a license under this subchapter is guilty of a violati…

Ark. Code Ann. § 23-112-1021 Enforcement

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(a) The Arkansas Motor Vehicle Commission may enter orders that direct compliance with this subchapter and rules under this subchapter if any of the following conditions have been met:(1) The commission has conducted a hearing within sixty (60) days on the matter;(2) The commissi…

Ark. Code Ann. § 23-112-1022 Civil action and mediation

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(a) (1) A dealer, manufacturer, distributor, or warrantor injured by another party's violation of this subchapter may bring a civil action in circuit court to recover actual damages.(2) The court shall award attorney's fees and costs to the prevailing party in such an action. (1)…

Ark. Code Ann. § 23-112-1023 Injunction

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(a) In addition to any remedy provided in this subchapter or otherwise available by law, a manufacturer, distributor, warrantor, or a dealer may apply to a court of competent jurisdiction for the issuance, upon a hearing and for cause shown, of a temporary or permanent injunction…

Ark. Code Ann. § 23-112-103 Definitions

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(1) As used in this chapter:(1) “Advertisement” means an oral, written, telecommunicated, graphic, pictorial, or other statement made in the course of soliciting business, including without limitation, a statement or representation made in a newspaper, magazine, internet, or othe…

Ark. Code Ann. § 23-112-104 Injunction

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(a) The Arkansas Motor Vehicle Commission shall be entitled to seek an injunction upon affidavit in the circuit court for the county in which the commission's office is located to prevent any person, firm, partnership, association, corporation, or legal entity from violating any …

Ark. Code Ann. § 23-112-105 Civil damages

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(a) A licensee suffering pecuniary loss because of any willful failure by any other licensee to comply with this chapter, other than a new automobile or truck dealer's failure to comply with § 23-112-301(d)(1) and (2) or with any rule promulgated by the Arkansas Motor Vehicle Com…

Ark. Code Ann. § 23-112-106 Enforcement

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(a) The Arkansas Motor Vehicle Commission may enter orders that direct and command compliance with this chapter and rules under this chapter if any of the following conditions have been met:(1) The commission has conducted a hearing within sixty (60) days on the matter;(2) The co…

Ark. Code Ann. § 23-112-107 Motor vehicle event data recorder — Data ownership — Definitions

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(a) As used in this section:(1) “Authorized representative” means a person who is the attorney-in-fact for an owner or a person who has been appointed the administrator or personal representative of the estate of the owner;(2) “Motor vehicle event data recorder” means a factory-i…

Ark. Code Ann. § 23-112-201 Arkansas Motor Vehicle Commission — Creation — Members — Officers

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(a) There is created the Arkansas Motor Vehicle Commission, hereinafter referred to as the “commission”, to be composed of nine (9) members to be appointed by the Governor for terms of seven (7) years, subject to confirmation by the Senate. (b) (1) One (1) commissioner shall be a…

Ark. Code Ann. § 23-112-202 Proceedings — Bond

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(a) The Arkansas Motor Vehicle Commission shall meet at Little Rock and complete its organization immediately after the entire membership thereof has been appointed and has qualified. (b) Before entering upon the discharge of the duties of his or her office, the Chair of the Arka…

Ark. Code Ann. § 23-112-203 Director of the Arkansas Motor Vehicle Commission

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(a) (1) The Arkansas Motor Vehicle Commission in consultation with the Secretary of the Department of Labor and Licensing shall employ a qualified person to serve as Director of the Arkansas Motor Vehicle Commission, to serve at the pleasure of the commission, and shall fix his o…

Ark. Code Ann. § 23-112-204 Rules

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The Arkansas Motor Vehicle Commission shall have power to prescribe, issue, amend, and rescind, pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., such reasonable rules as may be reasonably necessary or appropriate to carry out the provisions of this chap…

Ark. Code Ann. § 23-112-205 Disposition of funds

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(a) All funds received by the Arkansas Motor Vehicle Commission shall be deposited into the State Treasury as special revenues to the credit of a special fund to be known as the “Arkansas Motor Vehicle Commission Fund”. (b) All expenses incurred in the organization, maintenance, …

Ark. Code Ann. § 23-112-207 Automotive Technologist Education Grant Program

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(a) The Automotive Technologist Education Grant Program is established within the Arkansas Motor Vehicle Commission. (b) (1) The commission shall use the Automotive Technologist Education Grant Program to provide discretionary grants to career education programs with a focus on t…

Ark. Code Ann. § 23-112-301 License required — Definition

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(a) Notwithstanding any other statute, the following acts are declared to be unlawful:(1) The violation of any of the provisions of this chapter; and(2) For any person to engage in business as, serve in the capacity of, or act as a new motor vehicle dealer, motor vehicle lessor, …

Ark. Code Ann. § 23-112-302 Application for license

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(a) Applications for licenses required to be obtained under the provisions of this chapter shall:(1) Be verified by the oath or affirmation of the applicants;(2) Be on forms prescribed by the Arkansas Motor Vehicle Commission and furnished to the applicants; and(3) Contain such i…

Ark. Code Ann. § 23-112-303 Application fees

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(a) All applications for licenses shall be accompanied by the appropriate fees in accordance with the schedule set out in this subchapter. (b) In the event any application is denied and the license applied for is not issued, the entire license fee shall be returned to the applica…

Ark. Code Ann. § 23-112-304 Issuance of license — Change of location — Change of business or corporate name, structure, or DBA name — Dealers, manufacturers, distributors, etc

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(a) The license issued to each motor vehicle dealer, manufacturer, distributor, factory branch or division, or distributor branch or division shall specify the location of the factory, office, branch, or division thereof. (b) In case the location is changed, the Arkansas Motor Ve…

Ark. Code Ann. § 23-112-305 Display of license — Change of employer — Factory representative and distributor representative

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(a) Every motor vehicle factory representative or distributor representative shall have his or her license upon his or her person when engaged in his or her business and shall display the license upon request. (b) The name of the employer of the factory representative or distribu…

Ark. Code Ann. § 23-112-307 Expiration of license

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(1) Unless the Arkansas Motor Vehicle Commission by rule provides to the contrary, all licenses issued to:(1) Manufacturers, distributors, factory or distributor branches, importers, second-stage manufacturers, converters, and their representatives expire June 30 following the da…

Ark. Code Ann. § 23-112-308 Denial, revocation, and suspension

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(a) Notwithstanding any other statute, the Arkansas Motor Vehicle Commission may deny an application for a license or revoke or suspend a license after it has been granted for any of the following reasons:(1) (A) For selling or soliciting sales of a motor vehicle without:(i) A mo…

Ark. Code Ann. § 23-112-309 Monetary penalty in lieu of suspension or revocation of license

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(a) (1) If after alternative proceedings or notice and hearing the Arkansas Motor Vehicle Commission finds that any person holding a license under this chapter is guilty of any violation of this chapter or rules promulgated under this chapter, it shall have the power and authorit…

Ark. Code Ann. § 23-112-310 Delivery, preparation, and warranty obligations

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(a) (1) Every licensed motor vehicle manufacturer, distributor, second-stage manufacturer, importer, or converter shall file with the Arkansas Motor Vehicle Commission with its initial application for a license:(A) A copy of the documents stating the delivery, preparation, and wa…

Ark. Code Ann. § 23-112-311 Addition or relocation of new motor vehicle dealer

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(a) (1) In all instances, when a manufacturer or distributor seeks to enter into a franchise establishing an additional new motor vehicle dealer or relocating an existing new motor vehicle dealer within or into a relevant market area where the same line make is then represented, …

Ark. Code Ann. § 23-112-312 License reciprocity with other states

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(a) The Arkansas Motor Vehicle Commission may enter into reciprocal agreements with motor vehicle commissions or their equivalents in other states to allow motor vehicle dealers who are licensed in those states to obtain a temporary permit in this state, pursuant to the rules pro…

Ark. Code Ann. § 23-112-313 Warranty agreements — Definitions

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(a) Every manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall properly fulfill any warranty or recall campaign agreements and adequately and fairly compensate each of its motor vehicle dealers fo…

Ark. Code Ann. § 23-112-314 Civil penalty — Definition

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(a) If after request for alternative proceedings or notice and hearing the Arkansas Motor Vehicle Commission finds that any person not holding a license under this chapter is guilty of any violation of this chapter or rules promulgated thereunder, the commission shall have the po…

Ark. Code Ann. § 23-112-316 Delivery prior to sale — Disclosures — Definitions

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(a) As used in this section:(1) (A) “Contract for sale” means the final agreement between a new motor vehicle dealer and a consumer that:(i) Includes all material terms of the sale of a motor vehicle; and(ii) Is binding upon the seller, the buyer, and any necessary third-party fi…

Ark. Code Ann. § 23-112-317 Motor vehicle dealer service and handling fees

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(a) A motor vehicle dealer may fill in the blanks on standardized forms in connection with the sale or lease of a new or a used motor vehicle if the motor vehicle dealer does not charge for the service of filling in the blanks or otherwise charge for preparing documents. (b) (1) …

Ark. Code Ann. § 23-112-318 Negative equity financing and disclosures permitted

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(1) A new or used motor vehicle dealer or a new or used motor vehicle lessor is not required to be licensed by the State Bank Department in order to:(1) (A) Pay in connection with a credit sale transaction, any amount necessary to satisfy a lease, a security interest, or a lien u…

Ark. Code Ann. § 23-112-319 Reimbursement claim by motor vehicle dealer

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(a) (1) A manufacturer shall compensate its new motor vehicle dealers for all labor and parts required by the manufacturer to perform recall repairs.(2) The compensation for recall repairs required under subdivision (a)(1) of this section shall be reasonable.(3) If recall parts o…

Ark. Code Ann. § 23-112-402 Motor vehicle dealer

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(1) It is unlawful for a motor vehicle dealer:(1) (A) To require a purchaser of a motor vehicle, as a condition of sale and delivery of the motor vehicle, to also purchase special features, appliances, equipment, parts, or accessories not desired or requested by the purchaser.(B)…

Ark. Code Ann. § 23-112-403 Manufacturers, distributors, second-stage manufacturers, importers, or converters — Definition

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(a) It shall be unlawful:(1) For a manufacturer, distributor, second-stage manufacturer, importer, converter, distributor branch or division, or factory branch or division, or an officer, agent, or other representative thereof, to coerce or attempt to coerce any motor vehicle dea…

Ark. Code Ann. § 23-112-404 Motor vehicle lessors

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(1) It is unlawful for a motor vehicle lessor or any agent, employee, or representative thereof:(1) To represent and to offer for sale or to sell as a new motor vehicle a motor vehicle that has been used or was intended to be used and operated for leasing or rental purposes or wh…

Ark. Code Ann. § 23-112-406 Acting as broker

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(a) Notwithstanding any other statute, a person may not act as, offer to act as, or hold himself or herself out to be a broker of new motor vehicles. (b) (1) To effectuate this chapter, “arranges or offers to arrange a transaction” means soliciting or referring buyers for new mot…

Ark. Code Ann. § 23-112-501 Right to hearing

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(a) (1) The Arkansas Motor Vehicle Commission may deny an application for a license if the application is considered inadequate after the initial review by the Executive Director of the Arkansas Motor Vehicle Commission.(2) Within thirty (30) days after the executive director den…

Ark. Code Ann. § 23-112-502 Call for hearing

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(a) Any interested party may petition the Arkansas Motor Vehicle Commission to call a hearing for the purpose of taking action with respect to any matter within the commission's jurisdiction by filing with the commission a notarized complaint setting forth grounds upon which the …

Ark. Code Ann. § 23-112-503 Notice — Location of hearing

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(a) When a hearing is to be held before the Arkansas Motor Vehicle Commission, the commission shall give written notice to all parties whose rights may be affected thereby. (b) The notice shall set forth the reason for the hearing, the questions or issues to be decided by the com…

Ark. Code Ann. § 23-112-504 Conduct of hearing

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All hearings shall be conducted pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Ark. Code Ann. § 23-112-505 Decisions and orders of commission — Quorum

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(a) All decisions of the Arkansas Motor Vehicle Commission with respect to the hearings provided for in this subchapter shall be incorporated into orders of the commission and spread upon its minutes. (b) A majority of the members of the commission shall constitute a quorum for p…

Ark. Code Ann. § 23-112-506 Appeals

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Appeals shall be governed by the terms of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Ark. Code Ann. § 23-112-507 Exhaustion of remedies required — Exception

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No decision of the Arkansas Motor Vehicle Commission made as a result of a hearing under the provisions of this subchapter shall become final with respect to any party affected and aggrieved by the decision until the party has exhausted, or shall have had an opportunity to exhaus…

Ark. Code Ann. § 23-112-508 Rules of order or procedure

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(a) The Arkansas Motor Vehicle Commission shall prescribe its rules of order or procedure in hearings, or other proceedings before it, under this chapter. (b) However, rules of order or procedure shall not be in conflict or contrary to the provisions of this subchapter.