As used in this chapter, unless the context otherwise requires: “Commissioner” means the commissioner of commerce and insurance or the commissioner’s designee or, in the event of the commissioner’s or designee’s absence or vacancy in the office of the commissioner, the deputy commissioner; “Department” means the department of commerce and insurance; “Licensed HVAC contractor” means […]
Except as provided in subsection (f), no dealer shall purchase, deal, or otherwise engage in the scrap metal business unless the dealer is registered with the department. Any registration under this chapter expires two (2) years from the date of the registration or the renewal of the registration. The commissioner may promulgate and adopt rules […]
Except as provided in subdivision (b)(2), no scrap metal dealer may purchase or otherwise acquire scrap metal from a person unless that person presents a state or federally issued photo identification card that appears valid on its face to the dealer and provides a thumbprint as provided in § 62-9-104. If a valid state or […]
Upon copying and recording the photo or other required identification and the information contained on the identification of the person proposing to sell scrap metal as required in § 62-9-103, the dealer shall also require the person to provide a right thumbprint impression. However, if taking the right thumbprint is not possible, the dealer shall […]
As used in this section, “scrap metal transaction record” includes the information required to be obtained by §§ 62-9-103(b) and 62-9-104(b)(2). A dealer shall be required to maintain each scrap metal transaction record for a period of three (3) years following the transaction. During the usual and customary business hours of a scrap metal dealer, […]
Except as provided in subsection (b), it is an offense to knowingly sell or attempt to sell to a scrap metal dealer or for a scrap metal dealer to knowingly purchase or attempt to purchase the following types of scrap metal: Scrap metal marked with the initials of an electric, telephone, cable or other public […]
It is an offense for a scrap metal dealer to pay cash to a person who presents an air conditioner evaporator coil or condenser, in whole or in part, for sale as scrap or for the dealer to make payment of any kind at the time of the transaction. Scrap metal described in subsection (a) […]
No scrap metal dealer shall knowingly purchase or possess a metal beer keg, whether damaged or undamaged, or any reasonably recognizable part of a metal beer keg, on any premises that the dealer uses to buy, sell, store, shred, melt, cut or otherwise alter scrap metal. A violation of this section is a Class A […]
It is an offense for a person to engage in the business of buying scrap metal without registering as a scrap metal dealer with the department or falsely registering with the department as a dealer. A person engaged in the business of buying scrap metal, as a registered scrap metal dealer or otherwise, commits an […]
The scrap metal registration of a person convicted of a violation of this chapter, or the criminal offense of theft, burglary or vandalism if the offense involved scrap metal, shall be immediately revoked by operation of law upon conviction. A copy of the judgment of conviction shall be transmitted to the commissioner by the law […]
Nothing contained in this chapter shall be construed to prevent a governmental entity, regulated landfill or solid waste processing facility owner from selling any scrap metal donated to it or otherwise lawfully obtained by it without compensation. Payment for scrap metal sold by a governmental entity or regulated landfill owner shall be: Made by check […]
This chapter shall not apply to scrap metal transactions that take place between a scrap metal dealer registered pursuant to this chapter and another registered dealer; provided, that the scrap metal is lawfully obtained by the seller and, at the time of the transaction, may lawfully be sold for scrap. The terms of sale between […]
The department is authorized to promulgate emergency rules to implement this chapter. As part of the rules promulgated pursuant to this section, the commissioner shall develop uniform terminology to describe the types of metal most commonly sold as scrap. The commissioner may appoint a committee to develop the uniform terminology. The committee shall consist of […]
The commissioner is authorized to investigate, and shall investigate upon the verified complaint in writing of any person, a scrap metal dealer for an alleged violation of an unregistered activity pursuant to § 62-9-102, purchase restrictions pursuant to §§ 62-9-106 and 62-9-107 or payment restrictions pursuant to §§ 62-9-104(c) and 62-9-107(d); provided, that a written […]
Any violation of this chapter committed by an employee of a registered scrap metal dealer while acting within the scope of employment constitutes a violation by that dealer for purposes of enforcement of this chapter.
