9-32-2-1. Definitions

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.92-2013, SEC.78.

9-32-2-10. “Director”

Sec. 10. “Director” refers to the director of the dealer services division within the office of the secretary of state who is appointed under IC 4-5-1-12(b). As added by P.L.92-2013, SEC.78.

9-32-2-10.3. “Disclose”

Sec. 10.3. “Disclose” means to engage in a practice or conduct to make available and make known personal information contained in an individual record about an individual to a person by any means of communication. As added by P.L.174-2016, SEC.26.

9-32-2-10.5. “Distributor Representative”

Sec. 10.5. “Distributor representative” means a person that is certified by the secretary to be an agent of a licensed distributor to act on behalf of a distributor licensed under this article. As added by P.L.151-2015, SEC.33.

9-32-2-11. “Division”

Sec. 11. “Division” refers to the dealer services division within the office of the secretary of state established by IC 4-5-1-12(a). As added by P.L.92-2013, SEC.78.

9-32-2-11.2. “Document Preparation Fee”

Sec. 11.2. “Document preparation fee” means any fee charged by a dealer concerning the sale of a motor vehicle, regardless of designation, and that includes costs incurred by the dealer for the preparation of documents concerning the sale of a motor vehicle. The term does not include a fee imposed by a financial institution for […]

9-32-2-11.5. “Electronic Record”

Sec. 11.5. “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means. As added by P.L.174-2016, SEC.27.

9-32-2-11.6. “Electronic Signature”

Sec. 11.6. “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. As added by P.L.174-2016, SEC.28.

9-32-2-11.7. “Established Place of Business”

Sec. 11.7. “Established place of business” has the meaning set forth in IC 9-13-2-50. As added by P.L.182-2021, SEC.4.

9-32-2-12. “Existing Franchise”

Sec. 12. “Existing franchise” means the franchise in effect on the date of a franchisee’s death or incapacity. As added by P.L.92-2013, SEC.78.

9-32-2-13. “Franchise”

Sec. 13. “Franchise” means an oral or a written agreement for a definite or an indefinite period in which a manufacturer or distributor grants to a dealer a right to use a trade name, trade or service mark, or related characteristic, and in which there is a community of interest in the marketing of motor […]

9-32-2-14. “Franchisee”

Sec. 14. “Franchisee” means a dealer to whom a franchise is granted. As added by P.L.92-2013, SEC.78.

9-32-2-15. “Franchisor”

Sec. 15. “Franchisor” means a manufacturer or distributor who grants a franchise to a dealer. As added by P.L.92-2013, SEC.78.

9-32-2-15.2. “Fraud”

Sec. 15.2. “Fraud” means: (1) a misrepresentation of a material fact, promise, representation, or prediction not made honestly or in good faith; or (2) the failure to disclose a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading. As added by P.L.174-2016, […]

9-32-2-15.4. “Highly Restricted Personal Information”

Sec. 15.4. “Highly restricted personal information” means the following information that identifies an individual: (1) Digital photograph or image. (2) Social Security number. (3) Medical or disability information. As added by P.L.174-2016, SEC.30.

9-32-2-15.5. “Individual Record”

Sec. 15.5. “Individual record” refers to a record created or maintained by the division that contains personal information or highly restricted personal information about an individual who is the subject of the record identified in a request. The term includes records created by a dealer related to the issuance of interim license plates. As added […]

9-32-2-16. “Labor Rate”

Sec. 16. “Labor rate” means the hourly labor rate charged by a franchisee for service, filed periodically with the division as the division may require, and posted prominently in the franchisee’s service department. As added by P.L.92-2013, SEC.78.

9-32-2-16.5. “Manufactured Home Dealer”

Effective 7-1-2023. Sec. 16.5. (a) “Manufactured home dealer” means any person that within a twelve (12) month period sells, offers to sell, or advertises for sale, including directly by the Internet or another computer network, at least three (3) new or used manufactured homes. (b) The term does not include: (1) a receiver, trustee, or […]

9-32-2-17. Repealed

As added by P.L.92-2013, SEC.78. Repealed by P.L.151-2015, SEC.34.

9-32-2-18. Repealed

As added by P.L.92-2013, SEC.78. Repealed by P.L.151-2015, SEC.35.