§ 6313 — Grounds for denying application for, or renewal of, dealer license; suspension or revocation of license [For application of this section, see 79 Del. Laws, c. 161, § 5]

Delaware § 6313

• Jurisdiction: Delaware
• Title: 21
• Part: Miscellaneous
• Ch. 63: SALE OF MOTOR VEHICLES

Text

A dealer license or renewal of license, applied for or issued pursuant to this chapter may be denied, suspended, or revoked for any 1 of the following reasons:

(1) Material misstatement or omission on the original or renewal application for a dealer license.

(2) Failure to maintain an established place of business, business phone or Division of Revenue Dealer Business License.

(3) Failure to comply subsequent to receipt from the Division of a cease and desist order or a written warning or arrest.

(4) Failure to comply with this title or Title 30.

(5) Conviction of a felony in this State or any other jurisdiction. For waiver of a felony conviction, at the time of application, more than 10 years must have elapsed since the date of conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence, and must be in substantial compliance with all court orders pertaining to fines, restitution, and community service.

(6) Conviction of a misdemeanor involving theft, fraud, dishonesty, false pretense, or moral turpitude, in this State or any other jurisdiction. For waiver of a misdemeanor conviction, at the time of application, more than 5 years must have elapsed since the date of conviction. At the time of application the applicant may not be incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence, and must be in substantial compliance with all court orders pertaining to fines, restitution, and community service.

(7) The Department will defer any license application or renewal if the applicant has pending felony or misdemeanor charges, as specified in paragraphs (5) and (6) of this section, during the pendency of the charges.

(8) Failure of the applicant to notify the Department within 72 hours of any known change in criminal history.

(9) The Department makes a determination, so far as can be ascertained, that the applicant or licensee no longer meets the standard set forth in § 6312 of this title.

(10) Failure to maintain a service facility, if the licensee is a dealer of new recreational vehicles. Recreational vehicle dealers with multiple locations in Delaware may maintain a service facility at 1 location to satisfy this requirement.

(11) The applicant was a previous holder of a license that was suspended or revoked by the Department and the terms of such suspension have not been satisfied.

(12) The applicant or licensee solely employs call forwarding, telephone answering services and/or mail forwarding services during scheduled business hours or otherwise sells motor vehicles from a remote or otherwise unlicensed location.

(13) Failure to maintain fiscal responsibility including failure to timely file personal and business federal and state tax returns.

Legislative History

71 Del. Laws, c. 449, § 1 ; 79 Del. Laws, c. 161, § 2 ; 81 Del. Laws, c. 342, § 1 ; 83 Del. Laws, c. 511, § 1