§ 9-32-11-2 — License application; affidavits; bonds; fees

Indiana § 9-32-11-2

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 32: DEALER SERVICES
• Ch. 11: Regulation of Vehicle Merchandising

Text

(a) An application for a license under this
article must:
(1) be accompanied by payment of the applicable fee required
under this section;
(2) be on a form prescribed by the secretary;
(3) contain the information the secretary considers necessary to
enable the secretary to determine fully:
(A) the qualifications and eligibility of the applicant to receive
the license; and
(B) the ability of the applicant to conduct properly the business
for which the application is submitted;
(4) contain evidence of a bond required in subsection (e);
(5) contain evidence of liability coverage required by section 14
of this chapter;
(6) contain the federal tax identification number issued to the
dealer; and
(7) contain the registered retail merchant's certificate issued to the
dealer under IC 6-2.5-8.
(b) An application for a license as a dealer must show whether the
applicant proposes to sell new or used motor vehicles, or both.
(c) An applicant who proposes to use the Internet or another
computer network to facilitate the sale of motor vehicles shall maintain
all records at the established place of business in Indiana.
(d) This subsection does not apply to a distributor or manufacturer
not located in Indiana. Except as provided in subsection (e), the
application must include an affidavit from:
(1) the person charged with enforcing a zoning ordinance, if one
exists; or
(2) the zoning enforcement officer under IC 36-7-4;
who has jurisdiction over the real property where the applicant wants
to operate as a dealer. The affidavit must state that the proposed
location is zoned for the operation of a dealer's establishment.
(e) If there is no person or officer under subsection (d)(1) or (d)(2),
the application must be accompanied by a statement to that effect from
the executive (as defined in IC 36-1-2-5) of the unit in which the real
property is located.
(f) The applicant may file the zoning affidavit under subsection (d)
or statement under subsection (e) with the application at any time after
the filing of the application. However, the secretary may not issue a
license until the applicant files the affidavit or the statement.
(g) The zoning affidavit under subsection (d) or statement under
subsection (e) may not be signed by a person described in subsection
(d)(1) or (d)(2) or the executive of the unit more than ninety (90) days
before the affidavit or statement is submitted to the secretary as part of
an application for a license under this article.
(h) A licensee shall maintain a bond satisfactory to the secretary in
the amount of twenty-five thousand dollars ($25,000). The bond must:
(1) be in favor of the state;
(2) secure payment of fines, penalties, costs, and fees assessed by
the secretary after:
(A) notice;
(B) opportunity for a hearing; and
(C) opportunity for judicial review; and
(3) secure the payment of damages to a person aggrieved by a
violation of this article by the licensee after a judgment has been
issued.
(i) Service under this chapter shall be made in accordance with the
Indiana Rules of Trial Procedure.
(j) The fee for a license for a manufacturer or a distributor is
thirty-five dollars ($35).
(k) The fee for a license for a used motor vehicle dealer, new motor
vehicle dealer, or automobile auction company is thirty dollars ($30).
(l) The fee for a transfer dealer or a converter manufacturer is
twenty dollars ($20).
(m) The fees collected under this section are nonrefundable and
shall be deposited as set forth in IC 9-32-7-3.
(n) An application for a used motor vehicle dealer license must
include a certificate of completion of the training course described in
IC 9-32-16-1.3, issued by the Independent Automobile Dealers
Association domiciled in Indiana.

Legislative History

As added by P.L.92-2013, SEC.78. Amended by P.L.62-2014, SEC.28; P.L.151-2015, SEC.65; P.L.174-2016, SEC.83; P.L.179-2017, SEC.80; P.L.284-2019, SEC.30; P.L.120-2020, SEC.59; P.L.20-2022, SEC.11; P.L.116-2024, SEC.2; P.L.88-2025, SEC.3.