Grounds for denial of license or application of provisions of §§ 32-6B-41.1 to 32-6B-41.6, inclusive.

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32-6B-41. Grounds for denial of license or application of provisions of §§32-6B-41.1 to 32-6B-41.6, inclusive.

The department may deny any application or apply the provisions of §§32-6B-41.1 to 32-6B-41.6, inclusive, on any license issued under the provisions of this chapter, for any of the following:

(1)Commission of fraud or willful misrepresentation in the application for or in obtaining a license;

(2)Conviction of a felony involving vehicle theft or odometer fraud in the last five years;

(3)A violation of any law of this state which relates to dealing in vehicles;

(4)Failure to comply with any administrative rule promulgated by the department;

(5)Perpetration of a fraud upon any person as a result of dealing in vehicles;

(6)Failure to apply for transfers of title as required in chapter 32-3;

(7)Failure to allow department inspections, including initial and annual inspections, complaint investigations, and necessary follow-up inspections;

(8)Misrepresentation through false, deceptive, or misleading statements with regard to the sale or financing of vehicles which a dealer has, or causes to have, advertised, printed, displayed, published, distributed, broadcast, televised, or made in any manner with regard to the sale or financing of vehicles;

(9)Refusal to comply with a licensee's responsibility under the terms of the new vehicle warranty issued by its respective manufacturer, unless such refusal is at the direction of the manufacturer;

(10)Failure to comply with the terms of any bona fide written, executed agreement pursuant to the sale of a vehicle;

(11)Inability to obtain or renew surety bond or to participate in a dealer asset pool;

(12)Failure to maintain and continuously occupy a principal place of business; or

(13)Failure to obtain or renew a public liability insurance policy of not less than three hundred thousand dollars, if the dealer has been given thirty days written notice to comply.

Source: SL 1986, ch 250, §42; SL 1989, ch 256, §5; SL 1990, ch 239, §3; SL 1990, ch 242, §2; SL 1991, ch 245; SL 2005, ch 162, §7.


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