§ 23-112-1019 — License - Denial, revocation, and suspension

Arkansas § 23-112-1019

• Jurisdiction: Arkansas
• Title: 23

Text

(a) For any of the following reasons, the Arkansas Motor Vehicle Commission may deny an application for a license required by this subchapter or revoke or suspend a license after it has been granted: (1) (A) Selling or soliciting sales of a recreational vehicle without: (i) A dealer license issued by the commission; or (ii) Being a bona fide employee or agent of a licensed dealer. (B) The unlawful sale or solicitation of each recreational vehicle constitutes a separate offense; (2) On satisfactory proof of the unfitness of the applicant or the licensee, as the case may be, under the standards established and set out in this subchapter; (3) Fraud practiced or any material misstatement made by an applicant in an application for license under this subchapter; (4) Failure to comply with any provision of this subchapter or with any rule promulgated by the commission under authority vested in it by this subchapter; (5) Change of condition after a license is granted or failure to maintain the qualifications for license; (6) Continued violation of any of the provisions of this subchapter or of any of the rules of the commission; (7) Violation of any law relating to the sale, distribution, or financing of recreational vehicles; (8) Defrauding a retail buyer to the buyer's damage; (9) Failure to perform a written agreement with a retail buyer; (10) Selling, attempting to sell, or advertising for sale vehicles from a location other than that set forth on the license except as provided under § 23-112-301 ; (11) Falsifying, altering, or neglecting to endorse or deliver a certificate of title to a transferee or lawful owner or failing to properly designate a transferee on a document of assignment or certificate of title; (12) Knowingly purchasing, selling, or otherwise acquiring or disposing of a stolen recreational vehicle; (13) Submitting a false affidavit setting forth that a title has been lost or destroyed; (14) Passing title or reassigning title as a dealer without a dealer's license or when the dealer's license has been suspended or revoked; (15) For a person representing that he or she is a dealer, either verbally or in an advertisement, when the person is not licensed as a dealer; (16) Assisting a person in the sale of a recreational vehicle who is not licensed as a dealer by the commission; (17) Being a manufacturer who fails to specify the delivery and preparation obligations of its recreational vehicle dealers, as is required for the protection of the buying public, before delivery of new recreational vehicles to retail buyers; (18) On satisfactory proof that a manufacturer, distributor, distributor branch or division, or factory branch or division has unfairly and without due regard to the equities of the parties or to the detriment of the public welfare failed to properly fulfill a warranty agreement or to adequately and fairly compensate any of its recreational vehicle dealers for labor or parts expenses incurred by the dealer with regard to factory warranty agreements performed by the dealer; (19) For the commission of any act prohibited by this subchapter or the failure to perform any of the requirements of this subchapter; (20) Using or permitting the use of special license plates assigned to a licensee for any other purpose than those permitted by law; (21) Disconnecting, turning back, or resetting the odometer of a motor home in violation of state or federal law; (22) Accepting an open assignment of title or bill of sale for a recreational vehicle that does not identify the licensee as the purchaser or assignee of the recreational vehicle; (23) (A) Failing to notify the commission of a change in ownership, location, or dealer agreement or any other matters the commission may require by rule. (B) The notification shall be in writing and submitted to the commission at least fifteen (15) days before the effective date of the change; (24) Failing to endorse and deliver an assignment and warranty of title to the buyer under § 27-14-902 ; (25) Using or permitting the use of a temporary cardboard buyer's tag assigned to the dealer for any purpose other than what is permitted under § 27-14-1705 ; and (26) Failure of a dealer to submit or deliver a certificate of title or manufacturer's certificate of origin to a buyer within a reasonable period of time. (b) The revocation or suspension of the license of a manufacturer, factory branch or division, distributor, or distributor branch or division may be limited to: (1) One (1) or more municipalities or counties; or (2) (A) The sales area of a dealer whose franchise is unfairly cancelled or terminated under this subchapter or whose franchise is not renewed in violation of this subchapter. (B) However, when a franchise is unfairly cancelled or terminated under this subchapter or is not renewed in violation of this subchapter in a metropolitan area serviced by several recreational vehicle dealers handling the same recreational vehicles, the revocation or suspension does not apply to the remaining recreational vehicle dealers in the metropolitan area.

Legislative History

Amended by Act 2021, No. 504,§ 20, eff. 7/28/2021. Amended by Act 2021, No. 504,§ 19, eff. 7/28/2021. Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.