Powers and Duties of Department.

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Section 32-8-3

Powers and duties of department.

THIS SECTION WAS AMENDED BY ACT 2021-171 IN THE 2021 REGULAR SESSION, EFFECTIVE MARCH 31, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(a) The department shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests, and all other notices and forms necessary to carry out this chapter.

(b) The department may do any of the following:

(1) Make necessary investigations to procure information required to carry out this chapter.

(2) Adopt and enforce reasonable rules to carry out this chapter.

(3) Assign a new identification number to a vehicle if it has none, or its identification number is destroyed or obliterated, or its motor is changed, and shall issue a new certificate of title showing the new identification number.

(4) Revoke the authority of a dealer or other person appointed by the department to act as a designated agent under this chapter and rules adopted thereunder when the department finds that the dealer or other person has failed to faithfully perform his or her duties under this chapter or has been convicted of violating any felony provisions of this chapter or of Title 40.

(5) Revoke the authority of a title service provider to act as an agent on behalf of persons described in subdivision (22) of Section 32-8-2 when the department finds that the title service provider has failed to faithfully perform his or her duties under this chapter and rules adopted thereunder or has been convicted of violating any felony provisions of this chapter or of Title 40.

(c) The department, in accordance with applicable privacy and confidentiality statutes, rules, and regulations, may make available information concerning the status of a title on any vehicle as reflected by the records in a manner prescribed by the department. The department shall charge the fees set forth in Section 32-8-6; provided, that no fee shall be charged to Alabama law enforcement agencies or law enforcement agencies of any other state when that state furnishes like or similar information without charge to the department or to Alabama law enforcement agencies.

(d) Whenever this chapter provides that a written certificate or other document is to be filed with the department, the commissioner may establish procedures for and accept in lieu of such paper document a filing made by electronic means and may waive the notarization requirements as otherwise required by this chapter. The department may also establish procedures for the electronic transfer of title and the recording and release of security interests. The filing or transfer by electronic means shall be accepted only if the content of the filing satisfies all of the requirements of this chapter.

(Acts 1973, No. 765, p. 1147, §26; Act 2003-345, p. 870, §1; Act 2009-281, p. 472, §1; Act 2009-746, p. 2236, §2; Act 2019-238, §1; Act 2021-171, §2.)


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