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§17A-6C-1. License Certificate Required; Application Form; Prohibited Acts; Reassignment of Title; and Exemption From Privilege Tax

(a) A person, partnership or corporation may not engage in, represent or advertise that he she or it is in the business of conducting automobile auctions without first obtaining a license certificate from the office of the commissioner. The commissioner shall provide an application form for applicants seeking a license certificate. The applicant shall provide […]

§17A-6C-10. Investigation; Grounds for Suspending or Revoking License Certificate; Notice of Refusal, Suspension or Revocation of License Certificate; Relinquishing License Certificate and Temporary Plates or Markers

(a) The commissioner may investigate whether any provisions of this article have been violated by a licensee. Any investigation conducted by the commissioner shall be confidential and the confidentiality of the investigation shall be maintained by the commissioner, the division, the licensee, any complainant and all other persons until the commissioner suspends or revokes the […]

§17A-6C-11. Temporary Registration Plates or Markers

(a) In order to permit a vehicle which is to be titled and registered to be operated on the streets and highways pending receipt of the annual registration plate, the commissioner may, subject to the following limitations, deliver temporary vehicle registration plates or markers to persons engaged in the automobile auction business for issuance to […]

§17A-6C-12. Use of Special Plates; Records to Be Maintained by Automobile Auction Business; Operation of Vehicles Under Special Plates; Expiration of Special Plate

(a) Class AA special plates may be used by the automobile auction business receiving them only for the purpose of transporting or moving consigned or owned motor vehicles to and from the automobile auction in the normal course of business or for purposes of demonstrating vehicles owned by the auction which are offered for sale: […]

§17A-6C-13. Records Must Be Kept and Maintained

In addition to all other records required to be kept and maintained, the licensee shall keep and maintain a record of the following on forms and for the period of time proscribed by the commissioner: (a) Every vehicle which is sold at auction by a licensee or received or accepted by the licensee for sale […]

§17A-6C-14. Notice of Refusal, or Suspension or Revocation, of License Certificate or of Suspension of Right to Issue Temporary Registration Plates or Markers or of Suspension of an Automobile Auction Special Plate or Plates; Relinquishing License Certificate, Dealer Special Plate or Plates and Temporary Plates or Markers

(a) If the commissioner refuses to issue a license certificate, or suspends or revokes a license certificate, or suspends the right of an automobile auction business to issue temporary plates or markers under the provisions of section fifteen of this article, or suspends a Class AA special plate or plates, he or she shall make […]

§17A-6C-15. Inspections; Violations and Penalties

(a) The commissioner and law-enforcement officers of the state, acting at the commissioner's request, are hereby authorized to inspect the place of business and pertinent records, documents and papers of any person required to be licensed under the provisions of this article to the extent deemed reasonably necessary to determine compliance with the provisions of […]

§17A-6C-16. Injunctive Relief

(a) If it appears to the commissioner that any person or licensee has violated any provision of this article or any final order of the commissioner, the commissioner may petition, in the name of the state, the circuit court of the county in which the violation or violations occurred, for an injunction against such person […]

§17A-6C-17. Promulgation of Rules

The commissioner shall promulgate rules in accordance with chapter twenty-nine-a of this code in order to effect the provisions of this article. Any reference in this article to rules shall be construed to mean rules promulgated in accordance with said chapter.

§17A-6C-2. Bonds and Insurance

(a) An application for a license certificate must be accompanied by a bond, issued by a surety corporation authorized to issue bonds in this state, in the penal sum of $25,000, to ensure that the licensee will not make fraudulent representations to the detriment of any purchaser, seller, financial institution or the State of West […]

§17A-6C-3. Established Place of Business Requirements

Each automobile auction shall: (a) Be located at a permanent site which is owned or leased by the licensee. (b) Have no other class of dealership operating from the automobile auction location. (c) Have office space of at least one hundred forty-five square feet, with necessary office furniture, heating and lighting facilities, restroom facilities and […]

§17A-6C-4. Fee Required for License Certificate

(a) The initial application fee for a certificate to engage in the automobile auction business is $250. The renewal fee is $100. (b) The fee entitles the licensee to one special plate known as the Class AA special plate. (c) A licensee is also entitled to additional Class AA special plates for a fee of […]

§17A-6C-6. Refusal of License Certificate

The commissioner shall deny an application if he or she finds that the applicant: (a) Has failed to furnish the required bond; (b) Has failed to furnish the required certificate of insurance; (c) Has knowingly made a false statement of a material fact in the application; (d) Has habitually defaulted on financial obligations; (e) Has […]

§17A-6C-7. Licensing Period, Renewal and Expiration

(a) A license certificate may not be issued prior to July 1, 1993. Applicants shall apply at least thirty days in advance. License certificates expire on June 30 each year. (b) License certificates are renewable by the payment of fees by a licensee in good standing with the commissioner. A license certificate may not be […]

§17A-6C-8. Form and Display of License Certificate; Certified Copies of License

(a) The commissioner shall prescribe the form of the license certificate for an automobile auction business. Each license certificate shall have the seal of the division, the location of each place of business of the licensee, the year for which the license is issued, the serial number and other information the commissioner may prescribe printed […]

§17A-6C-9. Changes in Business; Action Required

Every automobile auction business shall notify the commissioner immediately when any of the following changes in the business occur: (a) A change of the location of any place of business; (b) A change of the name or trade name under which the licensee engages or will engage in the business; (c) The death of the […]