49-1602. ADMINISTRATION — POWERS AND DUTIES. The department shall:
(1) Issue, and for reasonable cause shown, refuse to issue an applicant any license authorized under the provisions of this chapter. The department may refuse to issue all license types to any applicant, other than a partnership or corporation, if the applicant fails to comply with the terms and provisions of this chapter or the rules of the board, or if the applicant has been convicted of a violation of any of the provisions of this chapter, chapter 5, title 49, Idaho Code, section 49-1418, Idaho Code, chapter 6, title 48, Idaho Code, any felony committed in conjunction with a dealership or of any federal odometer law or regulation. Should the applicant be a partnership or a corporation, the department may refuse to issue a license to the applicant where it determines that one (1) or more of the partners of a partnership, or one (1) or more of the stockholders or officers of a corporation, was previously the holder of a license which was revoked or suspended, and the license revoked never reissued or the suspended license never reinstated, or that one (1) or more of the partners, stockholders, or officers, though not previously the holder of a license, has violated any of the provisions of this chapter or of an applicable rule or regulation, or of federal motor vehicle safety standards.
(2) For just cause shown, revoke or suspend, on terms, conditions, and for a period of time as the department shall consider fair and just, any license or licenses issued pursuant to the provisions of this chapter. No license shall be revoked or suspended unless it shall be shown that the licensee has violated a provision of this chapter or of an applicable rule or regulation, or of federal motor vehicle safety standards. An Idaho licensed motor vehicle dealer or licensed motor vehicle salesman who is convicted of one (1) or more of the offenses set forth in subsection (1) of this section shall not be eligible to reapply for a motor vehicle dealer’s or salesman’s license until all outstanding customer complaints have been resolved to the department’s satisfaction and for the following time periods from the date of conviction: misdemeanor convictions: three (3) years for the first conviction and seven (7) years for every subsequent conviction; felony convictions: ten (10) years for the first conviction and ten (10) years for every subsequent conviction. The holder of a motor vehicle dealer’s license shall not be eligible to apply for a motor vehicle salesman’s license within the same time periods set forth in this subsection when convicted of one (1) or more of the offenses set forth in subsection (1) of this section.
(3) On its own motion, upon the sworn complaint of any person, investigate any suspected or alleged violation by a licensee of any of the provisions of this chapter or of an applicable rule or regulation.
(4) Prescribe forms for applications for licenses and qualifications for an applicant for licensure. Every application for a license shall contain, in addition to other information required by the department, the following:
(a) The name and residence address of the applicant and the trade name, if any, under which he intends to conduct his business. If the applicant is a copartnership, the name and residence address of each member, whether a limited or general partner, and the name under which the partnership business is to be conducted. If the applicant is a corporation, the name of the corporation and the name and address of each of its principal officers and directors.
(b) A complete description, including the city with the street number, of the principal place of business and any other and additional places of business operated and maintained by the applicant in conjunction with the principal place of business.
(c) Copies of any letters of franchise for new vehicles that the applicant has been enfranchised to sell or exchange, and the name or names and addresses of the manufacturer or distributor who has enfranchised the applicant.
(d) Names and addresses of the persons who shall act as salesmen under the authority of the license, if issued.
(e) A copy of the certificate of assumed business name, if required, shall be filed with the secretary of state.
(f) For a manufacturer’s license, the name or names and addresses of each and every distributor, factory branch, and factory representative.
(g) For a salesman’s license, certification by the dealer by whom the salesman will be employed, that he has examined the background of the applicant, and to the best of the dealer’s knowledge, is qualified to be licensed under the sponsorship of the licensed dealer.
(h) Before a dealer who is not exempted from the continuing education requirements as provided in section 49-1637(2), Idaho Code, may apply for a renewal of a vehicle dealer’s license, he shall provide to the department a certification from an accredited educational system, private vocational school, correspondence school or trade association approved by the department stating that the vehicle dealer has satisfied the four (4) hour continuing education requirements as specified in section 49-1637(1), Idaho Code.
(i) Before any vehicle dealer’s license is issued by the department to an applicant who is not licensed with the department as a dealer within the previous twelve (12) calendar months and who is not exempted from the continuing education requirements as provided in section 49-1637(2), Idaho Code, the applicant shall provide to the department a certification from an accredited educational institution, private vocational school, correspondence school or trade association approved by the department stating that the applicant has satisfactorily completed the prelicensing class or program requirements, including a written examination of material presented, specified in section 49-1637(1), Idaho Code.
(5) Refuse to issue any license under the provisions of this chapter if, upon investigation, the department finds that any information contained in the application is incomplete, incorrect or fictitious.
(6) Require that a dealer’s principal place of business, and other locations operated and maintained by him in conjunction with his principal place of business, have erected or posted signs or devices providing information relating to the dealer’s name, location and address of the principal place of business, and the number of the license held by the dealer.
(7) Provide for regular meetings of the dealer advisory board, to be held not less frequently than semiannually. Notices of meetings of the advisory board shall be mailed to all members not less than five (5) days prior to the date on which the meeting is to be held.
(8) Inspect, prior to licensing, the principal place of business and other sites or locations as may be operated and maintained by the applicant.
(9) Seek and consider the advisory board’s recommendations and comments regarding proposed rules promulgated for the administration of the provisions of this chapter.
(10) Require the attendance of not less than one (1) or more than three (3) advisory board members at all hearings held relating to this chapter.
History:
[49-1602, added 1988, ch. 265, sec. 375, p. 759; am. 1991, ch. 272, sec. 6, p. 695; am. 1998, ch. 392, sec. 20, p. 1225; am. 2003, ch. 98, sec. 1, p. 315; am. 2010, ch. 329, sec. 1, p. 873; am. 2017, ch. 234, sec. 1, p. 574.]