Chapter V

A. The commission shall license and regulate recreational product shows at offsite locations. Notes La. Admin. Code tit. 46 , § V-1501 Promulgated by the Office of the Governor, Motor Vehicle Commission, LR 37:2996 (October 2011), repromulgated LR 37:3262 (November 2011), amended…

A. A promoter, producer or organizer shall obtain a license from the commission and its request for a 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 n…

A. The promoter, producer or organizer of a regional or national recreational product show shall be required to obtain a license for the show from the commission and its request for a license shall consist of the following: 1. the application shall be on a form prescribed by the …

A. The promoter shall contact and invite all licensees of the type of recreational products to be displayed at a regional recreational product show as follows. 1. All Louisiana recreational product dealers whose area of responsibility for the brands they represent includes the lo…

A. A non-Louisiana recreational product dealer, distributor or manufacturer shall obtain a display permit to participate in a regional recreational product show not later than 10 business days prior to the date of the show by providing the following: 1. its name and address; 2. a…

A. Except for a licensed Louisiana recreational product dealer whose area of responsibility includes the site of the regional recreational product show, a licensed recreational product dealer or non-resident recreational product dealer may not complete a sales transaction (by acc…

A. The executive director must approve all offsite expositions by licensed recreational products dealers. A request for an offsite exposition, accompanied by a fee of $200, must be received and approved by the executive director 10 days prior to the commencement of the exposition…

A. The executive director must approve all offsite displays of recreational products. A licensee's request to display recreational products at an offsite location must be received by the commission seven days prior to the commencement of the display. B. The location of each displ…

A. Closed Rally 1. A closed rally is conducted and limited to a single product line. 2. A closed rally shall be subject to the provisions of § 1701 of this Chapter. B. Open Rally 1. An open rally is conducted with multiple product lines invited to participate. 2. An open rally is…

A. A recreational products manufacturer's display is a product display arranged by a licensed manufacturer, distributor or wholesaler to demonstrate its recreational products to the general public. A licensee's request to display recreational products must be received by the comm…

A. An application for a license as a vehicle manufacturer, distributor or wholesaler required by R.S. 32:1254 must be accompanied by a manufacturer's statement/certificate of origin (MSO/MCO). B. The MSO/MCO may be prepared at a factory, assembly plant, or business authorized by …

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 tim…

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. Notes La. Admin. Code tit. 46 , § V-2703 Promulgated by Department of Commerce, Used Motor Vehicle and Parts Commission, LR …

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 di…

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. Notes…

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, …

A. Commission or the commission shall refer to the Louisiana Used Motor Vehicle Commission. B. 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. Notes …

A. Any person enumerated under R.S. 32:784(A) must be licensed by the commission. Notes La. Admin. Code tit. 46 , § V-2901 Promulgated by the Department of Commerce, Used Motor Vehicle and Parts Commission, LR 11:1062 (November 1985), amended by Department of Economic Development…

A. The dealer license will only 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 as…

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 …

A. The commission, in determining the qualifications and eligibility of an applicant for a dealers license, shall: 1. verify that the applicant has an established place of business properly zoned in the municipality; 2. maintain an office reasonably suited to conduct the business…

A. 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 place of business other than the dealers established place of business after receipt of a license for the auct…

A. The commission has the responsibility to consider and determine the action necessary upon all charges of conduct which fail to conform to R.S. 32:1251 et seq., as re-enacted and amended, or to the rules and regulations promulgated to carry out the provisions of this Chapter or…

A. The provisions of the Administrative Procedure Act shall govern proceedings on questions of violation of R.S. 32:1251 et seq., as re-enacted and amended. An adjudication proceeding, including the formal hearing, is less formal than a judicial proceeding. It is not subject to s…

A. The commission has the authority to bring administrative proceedings with regard to any licensee, applicant for a license, or any person engaged in activities regulated by the commission, as well as to conduct administrative hearings with regard to disputes between its license…

A. The commission may issue a declaratory order and ruling pursuant to the Administrative Procedure Act which has the same status as a commission decision or order in an adjudicated case. B. A request for a declaratory order and ruling shall be made in the form of a petition to t…

A. A request by an interested party for the adoption, amendment or repeal of a rule pursuant to R.S. 49:953(C) shall be made in the form of a petition to the commission. The petition shall include, but shall not be limited, to the following: 1. the name and address of petitioner;…

A. The Commission, in determining the qualifications and eligibility of an applicant for a salesperson license, will base its determinations upon the following factors: 1. The applicant's business integrity. 2. A license for a salesperson will not be issued, renewed or endorsed u…

A. Any changes of address, ownership or employment by a licensee shall: 1. be reported to the commission within three business days of the change. 2. include a fee of $100 for each time a dealer changes his place of business; 3. require a site inspection performed by a commission…

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…

A. Completed application packages shall be submitted by November 1 of the 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. Notes La…

A. Every applicant for an initial used motor vehicle dealers license is required to attend a pre-license seminar. B. The seminar shall be conducted by the employees of the Commission. C. The seminar will be held at such time and place to be determined by the Commission upon reaso…

A. Every applicant seeking to renew a used motor vehicle dealers license is required to attend a post-license/continuing educational seminar prior to renewal of the license. B. The post-license/continuing educational seminar shall: 1. have a program and materials approved by the …

A. All complaints made to the commission must be made on the complaint form provided by the commission. B. All complaints shall include documents which support the complainants claim. C. The commission shall mark each complaint received on the date it is received which shall desi…

A. Notice of Hearing. The notice of hearing shall comply with the requirements of R.S. 32:785(B)(2) . B. Service of Notice. The notice of hearing shall be served: 1. by a compliance investigator on the licensee either personally or at its place of business on the licensee's emplo…

A. The commission may in its discretion order restitution as follows. 1. The intent of restitution is to restore the complainant to their position as it existed prior to the licensees violation. 2. Restitution may only be rewarded for compensatory or actual loss incurred by the c…

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…

A. Any person whose application for license has been denied in accordance with R.S. 32:785(A)(3) 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…

A. The executive director may issue an interlocutory cease and desist order: 1. to prohibit and/or enjoin any activity which is a violation of the commissions laws and rules and regulations and poses a threat to the public; 2 upon sufficient proof that a person or licensee has co…

A. The requirement of licenses for motor vehicle salesmen, as set forth in R.S. 32:1251 et seq., includes any person whose duties include, in whole or in part, the selling, financing, insuring, or participating in the selling of motor vehicles or recreational products. Notes La. …

A. It is illegal for licensees to employ unlicensed motor vehicle salesmen. A motor vehicle salesman must possess a separate license for every licensee and location for which he engages in any selling activity. Notes La. Admin. Code tit. 46 , § V-503 Adopted by the Department of …

A. Every motor vehicle salesman, factory representative, and distributor representative, when licensed, will be licensed to represent his employer and must keep his pocket license card on his person, and his employer must retain possession of the license certificate until termina…

A. All licenses having motor vehicle salesmen in their employ must, upon termination of such employment, report same to the commission and see to it that said motor vehicle salesman's pocket card and license certificate are immediately returned to the commission. Notes La. Admin.…

A. Licensees shall not employ or compensate unlicensed motor vehicle salesmen to sell vehicles, and shall not employ or utilize the services of used motor vehicle lots or dealers or other unlicensed "bird dogs" in connection with the sale of vehicles. Notes La. Admin. Code tit. 4…

A. Every licensee must post his license certificate as such in a prominent place in his place of business, stated in such license certificate, and licensees having more than one place of business in Louisiana must obtain a separate license for each place of business and post in e…

A. A manufacturer, distributor, converter, factory representative, or distributor representative shall not ship or sell motor vehicles, recreational products, or specialty vehicles to a licensee until the licensee shall have been licensed by the commission. Notes La. Admin. Code …

A. Dealers may advertise only under the name that appears on their franchise agreement and dealer license issued by the Motor Vehicle Commission. Notes La. Admin. Code tit. 46 , § V-701 Promulgated by the Office of the Governor, Motor Vehicle Commission, LR 34:75 (January 2008). …

A. A person advertising vehicles shall not use false, deceptive, unfair, or misleading advertising. Notes La. Admin. Code tit. 46 , § V-703 Promulgated by the Office of the Governor, Motor Vehicle Commission, LR 34:75 (January 2008), amended LR 36:1549 (July 2010). AUTHORITY NOTE…

A. The violation of an advertising rule shall be considered by the commission as a prima facie violation of R.S. 32:1251 et seq. In addition to a violation of a specific advertising rule, any other advertising or advertising practices found by the commission to be false, deceptiv…

A. Motor vehicle dealers and recreational products dealers may advertise a specific new motor vehicle or new recreational product or line-make which they are licensed to sell if: 1. the specific vehicle or line is in their possession at the time the advertisement is placed, or th…