(1) An application for a wholesaler's license, powersports vehicle dealer's license, used powersports vehicle dealer's license, or powersports vehicle salesperson's license shall be submitted to the board.
An application for a powersports vehicle distributor, powersports vehicle manufacturer representative, or powersports vehicle manufacturer license shall be submitted to the director.
Fees for licenses shall be paid at the time of the filing of the application for a license.
Persons applying for a powersports vehicle dealer's license shall file with the board acertified copy of a certificate of appointment as a powersports vehicle dealer from a powersports vehicle manufacturer.
(a) A person applying for a powersports vehicle manufacturer's or distributor's license must:
File with the director a certified copy of a typical sales, service, and parts agreementwith all powersports vehicle dealers; and
File evidence of the appointment of an agent for process in the state of Colorado.
(b) Within sixty days after amending or modifying or adding an addendum to the sales, service, or parts agreement of more than one powersports dealer, a licensed manufacturer or distributor shall file a certified copy of the new sales, service, and parts agreement, including the changes, with the director if the amendment, modification, or addendum materially alters the rights and obligations of the contracting parties.
Persons applying for a wholesaler's, powersports vehicle dealer's, used powersportsvehicle dealer's, or a powersports vehicle salesperson's license shall file with the board a written instrument in which the applicant shall appoint the secretary of the board as the agent of the applicant upon whom all process may be served in any action against the applicant arising out of a claim for damages suffered by a violation of this part 4, rules promulgated under this part 4, or any condition of the applicant's bond.
(a) A person applying for a wholesaler's license or used powersports vehicle dealer's license shall file with the board a certification that the applicant has met the educational requirements for licensure under this subsection (7), unless the applicant is licensed as a motor vehicle dealer or a used motor vehicle dealer. This subsection (7) shall not apply to a person who has held a license, within the last three years, as a motor vehicle dealer, used motor vehicle dealer, wholesaler, wholesale motor vehicle auction dealer, powersports vehicle dealer, or used powersports vehicle dealer under this part 4 or part 1 of this article 20.
(b) An applicant for a wholesaler's license or used powersports vehicle dealer's license shall not be licensed unless one of the following persons has completed an eight-hour prelicensing education program:
(I) The managing officer if the applicant is a corporation or limited liability company; (II) All of the general partners if the applicant is any form of partnership; or (III) The owner or managing officer if the applicant is a sole proprietorship.
The prelicensing education program shall include, without limitation, state and federal statutes and rules governing the sale of powersports vehicles.
A prelicensing education program shall not fulfill the requirements of this sectionunless approved by the board. The board shall approve any program with a curriculum that reasonably covers the material required by this section within eight hours.
The board may adopt rules establishing reasonable fees to be charged for the prelicensing education program.
The board may adopt reasonable rules to implement this section, including, withoutlimitation, rules that govern:
The content and subject matter of education;
The criteria, standards, and procedures for the approval of courses and course instructors;
The training facility requirements; and(IV) The methods of instruction.
An approved prelicensing program provider shall issue a certificate to a person whosuccessfully completes the approved prelicensing education program. The current certificate of completion, or a copy of the certificate, shall be posted conspicuously at the dealership's principal place of business.
An approved prelicensing program provider shall submit a certificate to the directorfor each person who successfully completes the prelicensing education program. The certificate may be transmitted electronically.
(8) (a) With the submission of an application for any license issued under this part 4, each applicant shall submit a complete set of fingerprints to the Colorado bureau of investigation or the auto industry division for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The board or the executive director shall use the information resulting from the fingerprint-based criminal history record check to investigate and determine whether an applicant is qualified to be licensed. The board or the executive director may verify the information an applicant is required to submit. The applicant shall pay the costs associated with the fingerprint-based criminal history record check to the Colorado bureau of investigation.
(a.5) When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this subsection (8) reveal a record of arrest without a disposition, the department shall require that applicant to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d).
(b) This subsection (8) does not apply to a publicly traded company or the company's subsidiary.
Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 110, § 2, effective October 1. L. 2019: (8)(a.5) added, (HB 19-1166), ch. 125, p. 563, § 63, effective April 18.
Editor's note: This section is similar to former § 12-6-517 as it existed prior to 2018.