Sec. 1. (a) This chapter shall be administered by the secretary. (b) The secretary: (1) shall employ employees, including a director, investigators, or attorneys, necessary for the administration of this article; and (2) shall fix the compensation of the employees with the approval of the budget agency. (c) It is unlawful for the director or […]
Sec. 10. (a) The secretary or a designee of the secretary may refer the facts drawn from an investigation to the prosecuting attorney of the county in which a crime is alleged to have been committed. (b) The secretary may assist the prosecuting attorney in prosecuting an action brought subsequent to a referral made under […]
Note: This version of section effective 7-1-2023. See also preceding version of this section, effective until 7-1-2023. Sec. 11. (a) All dealers and transport operators operating as a: (1) corporation; (2) limited liability company; (3) limited partnership; or (4) limited liability partnership; shall file and maintain all filings required to remain in good standing with […]
Note: This version of section effective until 7-1-2023. See also following version of this section, effective 7-1-2023. Sec. 11. (a) All dealers and transport operators operating as a: (1) corporation; (2) limited liability company; (3) limited partnership; or (4) limited liability partnership; shall file and maintain all filings required to remain in good standing with […]
Sec. 12. It is a violation of this article for a person to: (1) make or cause to be made, in a record that is used in an action or proceeding or filed under this chapter, a statement that, at the time and in the light of the circumstances under which it is made, is […]
Sec. 13. (a) If the secretary believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business: (1) that constitutes a violation of this article or a rule adopted or order issued under this article; or (2) that materially aids a violation of this article […]
Sec. 14. (a) The secretary may: (1) conduct public or private investigations within or outside Indiana that the secretary considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this article or a rule adopted or order issued under this article, or aid in the enforcement of […]
Sec. 15. (a) A dealer who is injured by an unfair practice set forth in IC 9-32-13 or IC 9-32-15 may file a complaint or petition with the division. (b) A dealer who is injured by an unfair practice set forth in IC 9-32-13-27 may file a request for declaratory judgment with the division. (c) […]
Sec. 16. A dealer license or endorsement issued under this article or by the bureau of motor vehicles under IC 9-23 (before its repeal) may not be: (1) loaned; (2) leased; (3) sold; (4) transferred; (5) copied; (6) altered; or (7) reproduced. As added by P.L.174-2016, SEC.115. Amended by P.L.179-2017, SEC.96.
Sec. 2. (a) An order issued under this article may: (1) deny a dealer license, transport operator license plate, or endorsement application for registration if the secretary finds that the order is in the public interest and subsection (c) authorizes the action; (2) condition or limit the issuance of transport operator license plates to an […]
Sec. 3. Information or documents obtained by the division in the course of an investigation, including an audit conducted under section 5 of this chapter, are investigatory records of law enforcement for the purposes of IC 5-14-3-4(b)(1). The secretary may except these records from disclosure under IC 5-14-3-3. As added by P.L.92-2013, SEC.78. Amended by […]
Sec. 4. A person complying with any request, order, or subpoena issued by the division for the production of documentary evidence shall retain the originals and shall provide the division with clearly legible, true, and complete copies of the documents requested, along with a signed cover letter, which must identify those documents with a reasonable […]
Sec. 5. (a) All dealers licensed under this article with the division shall, upon request, provide members of the staff of the division prompt access, during reasonable business hours, to that part of the premises at the dealer’s place of business where: (1) documents are stored; or (2) motor vehicle sales are offered, made, or […]
Sec. 6. (a) A dealer licensed or required to be licensed under this article shall make and maintain the records, accounts, correspondence, memoranda, papers, books, and other records required under this article. (b) Dealer records required to be maintained under this article may be maintained in any form of data storage acceptable to the secretary […]
Sec. 7. At the request of the division or equivalent regulator of another state or foreign jurisdiction, the secretary may provide assistance if the requesting regulator states that the requesting regulator is conducting an investigation to determine whether a person has violated, is violating, or is about to violate a law or rule of the […]
Sec. 8. (a) A person shall cooperate in an inquiry, investigation, or inspection conducted by, or on behalf of, the division for purposes of determining whether or not a person has violated or is about to violate any provision under this article. The willful failure of a person to cooperate, absent a bona fide claim […]
Sec. 9. (a) The division may copy records or require a dealer to copy records and provide the copies to the division to the extent and in the manner reasonable under the circumstances. (b) The division may impose a reasonable fee for the expense of making copies under subsection (a). As added by P.L.92-2013, SEC.78.
