(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 and duties:
To promulgate, amend, and repeal rules reasonably necessary to undertake the functions the executive director is mandated to carry out pursuant to this part 4 and to administer the laws of this state that the executive director deems necessary to carry out the duties of the office of the executive director pursuant to this part 4;
To employ, subject to the laws of this state and after consultation with the board, anexecutive secretary for the board, who shall be accountable to the board and shall, pursuant to delegation by the board, discharge the responsibilities of the board under this part 4;
To issue and, for reasonable cause shown or upon satisfactory proof of the unfitnessof the applicant under this part 4, to refuse to issue to an applicant any license the executive director is authorized to issue by this part 4;
To prescribe the forms to be used for applications for licenses to be issued by theexecutive director under this part 4 and to require of applicants, as a condition precedent to the issuance of a license, such information concerning the applicant's fitness to be licensed under this part 4 as the executive director considers necessary;
(I) To summarily issue cease-and-desist orders on such terms and conditions, and forsuch period of time as the executive director deems fair and just, to any person who is licensed by the executive director pursuant to this part 4 if the orders are followed by notice and a hearing pursuant to section 44-20-421;
To issue cease-and-desist orders to persons acting as powersports vehicle manufacturers without the powersports vehicle manufacturer's license required by this part 4; and
To impose a fine, not to exceed one thousand dollars per day, for each violation ofsection 44-20-423 (1), after a notice and hearing subject to section 24-4-105.
If a person fails to comply with a cease-and-desist order issued pursuant to this section, the executive director may bring a suit for injunction to prevent any further violation of the order. In any such suit, the final proceedings of the executive director, based upon evidence in record, shall be prima facie evidence of the facts found therein.
The director may:
Employ such clerks, deputies, and assistants as the director considers necessary todischarge the duties imposed upon the director or executive director by this part 4 and to designate the duties of the clerks, deputies, and assistants;
Investigate, upon the director's own initiative, upon the written and signed complaintof any person, or upon request by the board under section 44-20-404 (1)(f)(I), any suspected or alleged violation of this part 4 or of any rule promulgated under this article 20;
Delegate authority to persons for the purpose of investigating alleged or suspectedviolations of this part 4. The investigators and their supervisors utilized by the director, while actually engaged in performing their duties, have the authority as delegated by the director:
To issue subpoenas, in accordance with the performance of their duties, to licenseeswho are under the jurisdiction of the executive director or the board;
To issue summonses for violations of section 44-20-423 (2);
To issue misdemeanor summonses for violations of section 44-20-422 (1)(a); and(IV) To procure criminal records during an investigation.
Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 103, § 2, effective October 1.
Editor's note: This section is similar to former § 12-6-505 as it existed prior to 2018.