Section 9-32-16-1 - Administration of dealer services by secretary of state(a) This chapter shall be administered by the secretary.(b) The secretary: (1) shall employ employees, including a director, investigators, or attorneys, necessary for the administration of this article; and(2) shall fix the compensation of the employees with the approval of the budget agency.(c) It is unlawful for the director or an officer, employee, or designee of the secretary to use for personal benefit or the benefit of others records or other information obtained by or filed with the dealer services division under this article that are confidential. This article does not authorize the director or an officer, employee, or designee of the secretary to disclose the record or information, except in accordance with this chapter.(d) This article does not create or diminish a privilege or exemption that exists at common law, by statute or rule, or otherwise.(e) The secretary may develop and implement dealer's and motor vehicle purchaser's education initiatives to inform dealers and the public about the offer or sale of motor vehicles, with particular emphasis on the prevention and detection of fraud involving motor vehicle sales. In developing and implementing these initiatives, the secretary may collaborate with public and nonprofit organizations with an interest in consumer education. The secretary may accept a grant or donation from a person that is not affiliated with the dealer industry or from a nonprofit organization, regardless of whether the organization is affiliated with the dealer industry, to develop and implement consumer education initiatives.(f) Fees and funds accruing from the administration of this article: (1) described in IC 9-32-7-1(d) shall be accounted for by the secretary and shall be deposited with the treasurer of state to be deposited in the dealer compliance account established by IC 9-32-7-1(a);(2) described in IC 9-32-7-2(b) shall be accounted for by the secretary and shall be deposited with the treasurer of state to be deposited in the dealer enforcement account established by IC 9-32-7-2(a);(3) that are designated for deposit in the motor vehicle highway account shall be accounted for by the secretary and shall be deposited with the treasurer of state to be deposited in the motor vehicle highway account under IC 8-14-1;(4) described in IC 9-32-7-3(3) shall be accounted for by the secretary and shall be deposited with the treasurer of state to be deposited with the state police department, and these fees and funds are continuously appropriated to the department for its use in enforcing odometer laws;(5) described in IC 9-32-7-3(4) shall be accounted for by the secretary and shall be deposited with the treasurer of state to be deposited with the attorney general, and these fees and funds are continuously appropriated to the attorney general for use in enforcing odometer laws; and(6) that are designated for deposit in the state construction fund shall be accounted for by the secretary and shall be deposited with the treasurer of state to be deposited in the state construction fund. Expenses incurred in the administration of this article shall be paid from the state general fund upon appropriation being made for the expenses in the manner provided by law for the making of those appropriations. However, grants and donations under subsection (e), costs of investigations, and civil penalties recovered under this chapter shall be deposited by the treasurer of state in the dealer enforcement account established by IC 9-32-7-2. The funds in the dealer compliance account established by IC 9-32-7-1 must be available, with the approval of the budget agency, to augment and supplement the funds appropriated for the enforcement and administration of this article.
(g) In connection with the administration and enforcement of this article, the attorney general shall render all necessary assistance to the director upon the request of the director. To that end, the attorney general shall employ legal and other professional services as are necessary to adequately and fully perform the service under the direction of the director as the demands of the division require. Expenses incurred by the attorney general for the purposes stated under this subsection are chargeable against and shall be paid out of funds appropriated to the attorney general for the administration of the attorney general's office. The attorney general may authorize the director and the director's designee to represent the director and the division in any proceeding involving enforcement or defense of this article.(h) The secretary, director, and employees of the division are not liable in an individual capacity, except to the state, for an act done or omitted in connection with the performance of their duties under this article.(i) The director and each attorney or investigator designated by the secretary: (1) are police officers of the state;(2) have all the powers and duties of police officers in conducting investigations for violations of this article, or in serving any process, notice, or order issued by an officer, authority, or court in connection with the enforcement of this article; and(3) comprise the enforcement department of the division. The division is a criminal justice agency for purposes of IC 5-2-4 and IC 10-13-3.
(j) The provisions of this article delegating and granting power to the secretary, division, and director shall be liberally construed to the end that:(1) the practice or commission of fraud may be prohibited and prevented; and(2) disclosure of sufficient and reliable information in order to afford reasonable opportunity for the exercise of independent judgment of the persons involved may be assured.(k) Copies of any statements and documents filed in the office of the secretary and of any records of the secretary certified by the director are admissible in any prosecution, action, suit, or proceeding based on, arising out of, or under this article to the same effect as the original of the statement, document, or record would be if actually produced.Amended by P.L. 116-2024,SEC. 5, eff. 7/1/2024.Amended by P.L. 108-2019,SEC. 189, eff. 7/1/2019.Amended by P.L. 174-2016, SEC. 109, eff. 7/1/2016.Amended by P.L. 216-2014, SEC. 159, eff. 1/1/2015.Amended by P.L. 62-2014, SEC. 40, eff. 7/1/2014.Amended by P.L. 2-2014, SEC. 49, eff. 3/13/2014.Added by P.L. 92-2013, SEC. 78, eff. 7/1/2013.