§ 44-20-405 — Powers and duties of executive director and director

(1) The
executive director is hereby charged with the administration, enforcement, and
issuance or denial of the licensing of powersports vehicle distributors, powersports
vehicle manufacturer representatives, and powersports vehicle manufacturers, and
has the following powers and duties:

(a) To promulgate, amend, and repeal rules reasonably necessary to
undertake the functions the executive director is mandated to carry out pursuant to
this part 4 and to administer the laws of this state that the executive director
deems necessary to carry out the duties of the office of the executive director
pursuant to this part 4;

(b) To employ, subject to the laws of this state and after consultation with
the board, an executive secretary for the board, who shall be accountable to the
board and shall, pursuant to delegation by the board, discharge the responsibilities
of the board under this part 4;

(c) To issue and, for reasonable cause shown or upon satisfactory proof of
the unfitness of the applicant under this part 4, to refuse to issue to an applicant
any license the executive director is authorized to issue by this part 4;

(d) To prescribe the forms to be used for applications for licenses to be
issued by the executive director under this part 4 and to require of applicants, as a
condition precedent to the issuance of a license, such information concerning the
applicant's fitness to be licensed under this part 4 as the executive director
considers necessary;

(e) (I) To summarily issue cease-and-desist orders on such terms and
conditions, and for such period of time as the executive director deems fair and just,
to any person who is licensed by the executive director pursuant to this part 4 if the
orders are followed by notice and a hearing pursuant to section 44-20-421;

(II) To issue cease-and-desist orders to persons acting as powersports
vehicle manufacturers without the powersports vehicle manufacturer's license
required by this part 4; and

(III) To impose a fine, not to exceed one thousand dollars per day, for each
violation of section 44-20-423 (1), after a notice and hearing subject to section 24-4-105.

(2) If a person fails to comply with a cease-and-desist order issued pursuant
to this section, the executive director may bring a suit for injunction to prevent any
further violation of the order. In any such suit, the final proceedings of the executive
director, based upon evidence in record, shall be prima facie evidence of the facts
found therein.

(3) The director may:

(a) Employ such clerks, deputies, and assistants as the director considers
necessary to discharge the duties imposed upon the director or executive director
by this part 4 and to designate the duties of the clerks, deputies, and assistants;

(b) Investigate, upon the director's own initiative, upon the written and
signed complaint of any person, or upon request by the board under section 44-20-404 (1)(f)(I), any suspected or alleged violation of this part 4 or of any rule
promulgated under this article 20;

(c) Delegate authority to persons for the purpose of investigating alleged or
suspected violations of this part 4. The investigators and their supervisors utilized
by the director, while actually engaged in performing their duties, have the
authority as delegated by the director:

(I) To issue subpoenas, in accordance with the performance of their duties, to
licensees who are under the jurisdiction of the executive director or the board;

(II) To issue summonses for violations of section 44-20-423 (2);

(III) To issue misdemeanor summonses for violations of section 44-20-422
(1)(a); and

(IV) To procure criminal records during an investigation.

Legislative History

Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 103, � 2, effective October 1.