Section 75 IAC 2-2-14 - Denial, suspension, or revocation of dealer license and plate; hearingAuthority: IC 9-23-0.7-1
Affected: IC 4-21.5; IC 9-32-6-2; IC 9-32-17
Sec. 14.
(a) Application for a dealer license and dealer plates shall be as follows: (1) A person may file an application for a dealer license and dealer plates with the secretary of state.(2) The secretary of state shall investigate the information submitted with the application. Based upon the investigation, the secretary of state shall approve or deny the application.(3) If the application is approved, the secretary of state shall assign the applicant to the proper classification of dealer plates and issue the plates under this rule and IC 9-32-6-2.(4) If the application is denied or if the applicant does not agree with the secretary of state's classification, the request for redetermination procedure shall be as follows: (A) Within fifteen (15) days of the secretary of state's determination of a party's application for dealer plates, that party, if aggrieved, may make written request to the secretary of state for a redetermination specifically stating the grounds for which the redetermination is requested.(B) As a result of the written request for redetermination, the secretary of state shall afford the applicant the opportunity to present evidence at a hearing. The hearing will be conducted in accordance with IC 4-21.5. Any further review of the determination by the secretary of state shall be afforded under IC 9-23-2-14(b)[IC 9-23-2 was repealed by P.L. 92-2013, SECTION 53, effective July 1, 2013.].(b) A dealer license or dealer plates, or both, may be suspended or revoked if the secretary of state determines that the dealer has willfully violated federal or state law, including this rule, relating to the sale, distribution, financing, or insuring of motor vehicles. The secretary of state may place the dealer on probation. The dealer is also subject to all other penalties under IC 9-32-17.(c) The secretary of state shall notify the dealer of specific charges and schedule a hearing under IC 4-21.5 before the secretary of state suspends or revokes a dealer license or dealer plates or places the dealer on probation.(d) Any further review of the determination by the secretary of state shall be afforded under IC 9-23-2-14(b)[IC 9-23-2 was repealed by P.L. 92-2013, SECTION 53, effective July 1, 2013.]. Secretary of State; 75 IAC 2-2-14; filed Jan 5, 1994, 5:00 p.m.: 17 IR 979; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA; errata filed Jul 22, 2013, 10:52 a.m.: 20130807-IR-075130343ACA; readopted filed Nov 13, 2013, 3:25 p.m.: 20131211-IR-075130451RFAUnder P.L. 184-2007, SECTION 66, 140 IAC 3.5-2-16 was renumbered by the Publisher as 75 IAC 2-2-14, effective July 1, 2007.