Title 44, Revenue - Regulation of Activities
0 chapters · 432 sections in this title.
Colo. Rev. Stat. § 44-20-301 Definitions
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As used in this part 3, unless the context otherwise requires: (1) Motor vehicle means every self-propelled vehicle intended primarily for use and operation on the public highways and every vehicle intended primarily for operation on the public highways that is not driven or prop…
Colo. Rev. Stat. § 44-20-302 Sunday closing
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No person, firm, or corporation, whether owner, proprietor, agent, or employee, shall keep open, operate, or assist in keeping open or operating any place or premises or residences, whether open or closed, for the purpose of selling, bartering, or exchanging or offering for sale,…
Colo. Rev. Stat. § 44-20-303 Penalties
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Any person, firm, partnership, or corporation who violates any of the provisions of this part 3 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than seventy-five dollars nor more than one thousand dollars, or by imprisonment in the…
Colo. Rev. Stat. § 44-20-304 Repeal of part
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This part 3 is repealed, effective September 1, 2027. Before its repeal, this part 3 is scheduled for review in accordance with section 24-34-104. Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 94, � 2, effective October 1. Editor's note: This sect…
Colo. Rev. Stat. § 44-20-401 Legislative declaration
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(1) The general assembly hereby declares that: (a) The sale and distribution of powersports vehicles affects the public interest, and a significant factor of inducement in making a sale of a powersports vehicle is the trust and confidence of the purchaser in the dealer from whom …
Colo. Rev. Stat. § 44-20-402 Definitions
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As used in this part 4, unless the context otherwise requires: (1) ANSI/SVIA-1-2001 means the American national standards institute's, or its successor organization's, provisions for four-wheel all-terrain vehicles, equipment configuration, and performance requirements, developed…
Colo. Rev. Stat. § 44-20-403 Motor vehicle dealer board
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Powersports vehicle dealers, used powersports vehicle dealers, powersports vehicle manufacturers, distributors, and manufacturer representatives, and powersports vehicle salespersons shall be subject to the jurisdiction of the board. Source: L. 2018: Entire article added with rel…
Colo. Rev. Stat. § 44-20-404 Board - powers and duties - rules
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(1) In addition to the duties and powers of the board under section 44-20-104, the board may: (a) Promulgate, amend, and repeal rules reasonably necessary to implement this part 4, including, without limitation, the administration, enforcement, issuance, and denial of licenses to…
Colo. Rev. Stat. § 44-20-405 Powers and duties of executive director and director
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(1) The executive director is hereby charged with the administration, enforcement, and issuance or denial of the licensing of powersports vehicle distributors, powersports vehicle manufacturer representatives, and powersports vehicle manufacturers, and has the following powers an…
Colo. Rev. Stat. § 44-20-406 Records as evidence
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Copies of all records and papers in the office of the board, director, or executive director, duly authenticated under the hand and seal of the board, director, or executive director, shall be received in evidence in all cases equally and with like effect as the original. Source:…
Colo. Rev. Stat. § 44-20-407 Attorney general to advise and represent
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(1) The attorney general shall represent the board, director, and executive director and shall give opinions on questions of law relating to the interpretation of this part 4 or arising out of the administration thereof and shall appear for and on behalf of the board, director, a…
Colo. Rev. Stat. § 44-20-408 Classes of licenses
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(1) The following classes of licenses are issued under this part 4: (a) A powersports vehicle dealer's license shall permit the licensee to engage in the business of selling, exchanging, leasing, or offering new and used powersports vehicles, which license shall not permit more t…
Colo. Rev. Stat. § 44-20-409 Temporary powersports vehicle dealer license
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(1) (a) If a licensed powersports vehicle dealer has entered into a written agreement to sell a dealership to a purchaser and the purchaser has been awarded a new franchise, the board may issue a temporary powersports vehicle dealer's license to the purchaser or prospective purch…
Colo. Rev. Stat. § 44-20-410 Display, form, custody, and use of licenses
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(1) The board and the executive director shall prescribe the form of the license to be issued by the executive director, and shall imprint on each license the seal of their offices. The executive director shall mail the license to the business address where the powersports vehicl…
Colo. Rev. Stat. § 44-20-411 Fees - disposition - expenses - expiration of licenses
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(1) The fee established pursuant to subsection (5) of this section shall be collected with each application for each of the following: (a) (I) Powersports vehicle dealer's license or used powersports vehicle dealer's license; (II) Powersports vehicle dealer's or used powersports …
Colo. Rev. Stat. § 44-20-412 Bond of licensee
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(1) To be issued a wholesaler's license, powersports vehicle dealer's license, or used powersports vehicle dealer's license, an applicant must procure and file with the board evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-…
Colo. Rev. Stat. § 44-20-413 Powersports vehicle salesperson's bond
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(1) To be issued a powersports vehicle salesperson's license, the applicant must procure and file with the board evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-101 or a good and sufficient bond in the amount of fifteen …
Colo. Rev. Stat. § 44-20-414 Notice of claims honored against bond
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(1) A corporate surety that has provided a bond to a licensee pursuant to section 44-20-412 or 44-20-413 shall provide notice to the board and director of any claim that is honored against the bond within thirty days after the claim is honored. (2) A notice provided by a corporat…
Colo. Rev. Stat. § 44-20-415 Testing licensees
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All persons applying for a wholesaler's, powersports vehicle dealer's, used powersports vehicle dealer's, or powersports vehicle salesperson's license under this part 4 shall be examined for their knowledge of the powersports vehicle laws of the state of Colorado and the rules pr…
Colo. Rev. Stat. § 44-20-416 Filing of written warranties
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A licensed powersports vehicle manufacturer shall file with the director all written warranties and changes in written warranties the manufacturer makes on powersports vehicles or parts thereof. A licensed powersports vehicle manufacturer shall file with the director a copy of th…
Colo. Rev. Stat. § 44-20-418 Notice of change of address or status
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(1) The board, through the executive director, shall not issue a powersports vehicle dealer's license or used powersports vehicle dealer's license to an applicant who has no principal place of business. If a powersports vehicle dealer or used powersports vehicle dealer changes th…
Colo. Rev. Stat. § 44-20-419 Principal place of business - requirements - exceptions
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(1) The building or structure required to be located on a principal place of business shall have electrical service and adequate sanitary facilities. (2) (a) A room in a hotel, rooming house, or apartment building or a part of any single or multiple unit dwelling house must not b…
Colo. Rev. Stat. § 44-20-420 Licenses - grounds for denial, suspension, or revocation
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(1) A powersports vehicle manufacturer's or distributor's license may be denied, suspended, or revoked on the following grounds: (a) Material misstatement in an application for a license; (b) Willful failure to comply with this part 4 or any rule promulgated by the executive dire…
Colo. Rev. Stat. § 44-20-423 Unlawful acts
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(1) It is unlawful and a violation of this part 4 for any powersports vehicle manufacturer, distributor, or manufacturer representative: (a) To willfully fail to perform or cause to be performed any written warranties made with respect to a powersports vehicle or parts thereof; (…
Colo. Rev. Stat. § 44-20-425 Independent control of dealer - definitions
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(1) Except as otherwise provided in this section, no powersports vehicle manufacturer shall own, operate, or control any powersports vehicle dealer or used powersports vehicle dealer in Colorado. (2) Notwithstanding subsection (1) of this section, the following activities are not…
Colo. Rev. Stat. § 44-20-427 Audit reimbursement limitations - dealer claims
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(1) (a) A manufacturer, distributor, or manufacturer representative shall have the right to audit warranty, sales, or incentive claims of a powersports vehicle dealer for nine months after the date the claim was submitted. (b) A manufacturer, distributor, or manufacturer represen…
Colo. Rev. Stat. § 44-20-428 Reimbursement for disapproving sale
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A manufacturer or distributor shall pay reasonable attorney fees, not to exceed the usual and customary fees charged for the transfer of a franchise, and reasonable expenses that are incurred by the proposed owner or transferee before the manufacturer or distributor exercised its…
Colo. Rev. Stat. § 44-20-429 Penalty
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(1) Except as provided in subsection (2) of this section, a person who willfully violates this part 4 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. (2) (a) A person who willfully violates section 44-20-423 (2) by acting as a powersports ve…
Colo. Rev. Stat. § 44-20-430 Fines - disposition - unlicensed sales
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Of any fine collected for a violation of section 44-20-423 (2), half is awarded to the law enforcement agency that investigated and issued the citation for the violation and half is credited to the auto dealers license fund created in section 44-20-133. Source: L. 2018: Entire se…
Colo. Rev. Stat. § 44-20-431 Drafts or checks not honored for payment - penalties
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(1) If a wholesaler, powersports vehicle dealer, or used powersports vehicle dealer issues a draft or check to a wholesaler, powersports vehicle dealer, or used powersports vehicle dealer and fails to honor the draft or check, then the license of the licensee shall be subject to …
Colo. Rev. Stat. § 44-20-432 Right of action for loss
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(1) A person has a right of action against the licensed powersports vehicle dealer, used powersports vehicle dealer, or the dealer's powersports salespersons if the person suffers loss or damage by reason of fraud practiced on the person by a dealer or one of the dealer's salespe…
Colo. Rev. Stat. § 44-20-433 Contract disputes - venue - choice of law
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(1) In the event of a dispute between a powersports vehicle dealer and a powersports vehicle manufacturer under a franchise agreement, notwithstanding any provision of the agreement to the contrary: (a) At the option of the powersports vehicle dealer, venue shall be proper in the…
Colo. Rev. Stat. § 44-20-434 Advertisement - inclusion of dealer name
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No powersports vehicle dealer or used powersports vehicle dealer or an agent of a dealer shall advertise an offer for the sale, lease, or purchase of a powersports vehicle that creates the false impression that the vehicle is being offered by a private party or that does not cont…
Colo. Rev. Stat. § 44-20-435 Payout exemption to execution
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A powersports vehicle dealer's right to receive payments from a manufacturer or distributor required by section 44-20-423 (1)(l) and (1)(r) is not liable to attachment or execution and may not otherwise be seized, taken, appropriated, or applied in a legal or equitable process or…
Colo. Rev. Stat. § 44-20-436 Site control extinguishes
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If a manufacturer, distributor, or manufacturer representative has terminated, eliminated, or not renewed a franchise agreement containing a site control provision, the powersports vehicle dealer may void a site control provision of a franchise agreement by returning any money th…
Colo. Rev. Stat. § 44-20-437 Modification voidable
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If a manufacturer, distributor, or manufacturer representative fails to comply with section 44-20-423 (1)(v)(II), the powersports dealer may void the modification or replacement of the franchise agreement. Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7…
Colo. Rev. Stat. § 44-20-438 Termination appeal
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(1) A powersports vehicle dealer who has reason to believe that a manufacturer, distributor, or manufacturer representative has violated section 44-20-423 (1)(d) or (1)(v) may appeal to the board by filing a complaint with: (a) The executive director; or (b) A district court if n…
Colo. Rev. Stat. § 44-20-439 Stop-sale directives - used powersports vehicles - definitions
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(1) As used in this section, unless the context otherwise requires: (a) Average trade-in value means the value of a used powersports vehicle as established by a generally accepted, published, third-party used vehicle resource. (b) Stop-sale directive means an unconditional direct…
Colo. Rev. Stat. § 44-20-440 Repeal of part
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This part 4 is repealed, effective September 1, 2027. Before its repeal, this part 4 is scheduled for review in accordance with section 24-34-104. Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 136, � 2, effective October 1. Editor's note: This sec…