(a)This chapter shall be administered by the
secretary.
(b)The secretary:
(1)shall employ employees, including a director, investigators, or
attorneys, necessary for the administration of this article; and
(2)shall fix the compensation of the employees with the approval
of the budget agency.
(c)It is unlawful for the director or an officer, employee, or
designee of the secretary to use for personal benefit or the benefit of
others records or other information obtained by or filed with the dealer
services division under this article that are confidential. This article
does not authorize the director or an officer, employee, or designee of
the secretary to disclose the record or information, except in
accordance with this chapter.
(d)This article does not create or diminish a privilege
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(a) This chapter shall be administered by the
secretary.
(b) The secretary:
(1) shall employ employees, including a director, investigators, or
attorneys, necessary for the administration of this article; and
(2) shall fix the compensation of the employees with the approval
of the budget agency.
(c) It is unlawful for the director or an officer, employee, or
designee of the secretary to use for personal benefit or the benefit of
others records or other information obtained by or filed with the dealer
services division under this article that are confidential. This article
does not authorize the director or an officer, employee, or designee of
the secretary to disclose the record or information, except in
accordance with this chapter.
(d) This article does not create or diminish a privilege or exemption
that exists at common law, by statute or rule, or otherwise.
(e) The secretary may develop and implement dealer's and motor
vehicle purchaser's education initiatives to inform dealers and the
public about the offer or sale of motor vehicles, with particular
emphasis on the prevention and detection of fraud involving motor
vehicle sales. In developing and implementing these initiatives, the
secretary may collaborate with public and nonprofit organizations with
an interest in consumer education. The secretary may accept a grant or
donation from a person that is not affiliated with the dealer industry or
from a nonprofit organization, regardless of whether the organization
is affiliated with the dealer industry, to develop and implement
consumer education initiatives.
(f) Fees and funds accruing from the administration of this article:
(1) described in IC 9-32-7-1(d) shall be accounted for by the
secretary and shall be deposited with the treasurer of state to be
deposited in the dealer compliance account established by IC 9-32-7-1(a);
(2) described in IC 9-32-7-2(b) shall be accounted for by the
secretary and shall be deposited with the treasurer of state to be
deposited in the dealer enforcement account established by IC 9-32-7-2(a);
(3) that are designated for deposit in the motor vehicle highway
account shall be accounted for by the secretary and shall be
deposited with the treasurer of state to be deposited in the motor
vehicle highway account under IC 8-14-1;
(4) described in IC 9-32-7-3(3) shall be accounted for by the
secretary and shall be deposited with the treasurer of state to be
deposited with the state police department, and these fees and
funds are continuously appropriated to the department for its use
in enforcing odometer laws;
(5) described in IC 9-32-7-3(4) shall be accounted for by the
secretary and shall be deposited with the treasurer of state to be
deposited with the attorney general, and these fees and funds are
continuously appropriated to the attorney general for use in
enforcing odometer laws; and
(6) that are designated for deposit in the state construction fund
shall be accounted for by the secretary and shall be deposited with
the treasurer of state to be deposited in the state construction
fund.
Expenses incurred in the administration of this article shall be paid
from the state general fund upon appropriation being made for the
expenses in the manner provided by law for the making of those
appropriations. However, grants and donations under subsection (e),
costs of investigations, and civil penalties recovered under this chapter
shall be deposited by the treasurer of state in the dealer enforcement
account established by IC 9-32-7-2. The funds in the dealer compliance
account established by IC 9-32-7-1 must be available, with the
approval of the budget agency, to augment and supplement the funds
appropriated for the enforcement and administration of this article.
(g) In connection with the administration and enforcement of this
article, the attorney general shall render all necessary assistance to the
director upon the request of the director. To that end, the attorney
general shall employ legal and other professional services as are
necessary to adequately and fully perform the service under the
direction of the director as the demands of the division require.
Expenses incurred by the attorney general for the purposes stated under
this subsection are chargeable against and shall be paid out of funds
appropriated to the attorney general for the administration of the
attorney general's office. The attorney general may authorize the
director and the director's designee to represent the director and the
division in any proceeding involving enforcement or defense of this
article.
(h) The secretary, director, and employees of the division are not
liable in an individual capacity, except to the state, for an act done or
omitted in connection with the performance of their duties under this
article.
(i) The director and each attorney or investigator designated by the
secretary:
(1) are police officers of the state;
(2) have all the powers and duties of police officers in conducting
investigations for violations of this article, or in serving any
process, notice, or order issued by an officer, authority, or court
in connection with the enforcement of this article; and
(3) comprise the enforcement department of the division.
The division is a criminal justice agency for purposes of IC 5-2-4 and
IC 10-13-3.
(j) The provisions of this article delegating and granting power to
the secretary, division, and director shall be liberally construed to the
end that:
(1) the practice or commission of fraud may be prohibited and
prevented; and
(2) disclosure of sufficient and reliable information in order to
afford reasonable opportunity for the exercise of independent
judgment of the persons involved may be assured.
(k) Copies of any statements and documents filed in the office of the
secretary and of any records of the secretary certified by the director
are admissible in any prosecution, action, suit, or proceeding based on,
arising out of, or under this article to the same effect as the original of
the statement, document, or record would be if actually produced.