(a)An order issued under this article may:
(1)deny a dealer license, transport operator license plate, or
endorsement application for registration if the secretary finds that
the order is in the public interest and subsection (c) authorizes the
action;
(2)condition or limit the issuance of transport operator license
plates to an applicant if the secretary finds that the order is in the
interest of the public and subsection (c) authorizes the actions;
and
(3)condition or limit the license of an applicant to be a dealer
and, if the applicant for a dealer license is a partner, officer,
director, or person having similar status or performing similar
functions, or a person directly or indirectly in control of the
dealership, the order may condition or limit the license.
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(a) An order issued under this article may:
(1) deny a dealer license, transport operator license plate, or
endorsement application for registration if the secretary finds that
the order is in the public interest and subsection (c) authorizes the
action;
(2) condition or limit the issuance of transport operator license
plates to an applicant if the secretary finds that the order is in the
interest of the public and subsection (c) authorizes the actions;
and
(3) condition or limit the license of an applicant to be a dealer
and, if the applicant for a dealer license is a partner, officer,
director, or person having similar status or performing similar
functions, or a person directly or indirectly in control of the
dealership, the order may condition or limit the license.
(b) If the secretary finds that an order is in the public interest and
subsection (c) authorizes the action, an order issued under this article
may deny, revoke, suspend, condition, limit, or permanently bar the
granting of a license or endorsement or issuing of a license plate to or
an application for a license, endorsement, or license plate from a
transport operator, dealer, owner, dealer manager, or a person having
a similar status or performing similar functions as a dealer, or a person
directly or indirectly in control of the dealer. However, the secretary
may not:
(1) institute a revocation or suspension proceeding under this
subsection based on an order issued under the law of another state
that is reported to the secretary or a designee of the secretary more
than one (1) year after the date of the order on which it is based;
or
(2) issue an order on the basis of an order issued under the dealer
services laws of another state unless the other order was based on
conduct for which subsection (c) would authorize the action had
the conduct occurred in Indiana.
(c) A person may be disciplined under this section if the person:
(1) has filed an application for transport operator license plates,
a dealer license, or a dealer endorsement in Indiana under this
article, or its predecessor, within the previous ten (10) years,
which, as of the effective date of license or registration or as of
any date after filing in the case of an order denying effectiveness,
was incomplete as to a material fact or contained a statement that,
in light of the circumstances under which it was made, was false
or misleading with respect to a material fact;
(2) knowingly violated or knowingly failed to comply with this
article, or its predecessor, within the previous ten (10) years;
(3) has been convicted of a:
(A) felony within the previous ten (10) years;
(B) felony or misdemeanor involving theft or fraud; or
(C) felony or misdemeanor concerning an aspect of business
involving the offer, sale, financing, repair, modification, or
manufacture of a motor vehicle or watercraft;
(4) is enjoined or restrained by a court with jurisdiction in an
action instituted by a state or the United States from engaging in
or continuing an act, practice, or course of business involving an
aspect of a business involving the offer, barter, sale, purchase,
transfer, financing, repair, or manufacture of a motor vehicle or
watercraft;
(5) refuses to allow or otherwise impedes the secretary from
conducting an audit or inspection;
(6) has engaged in dishonest or unethical practices in a business
involving the offer, barter, sale, purchase, transfer, financing,
repair, or manufacture of a motor vehicle or watercraft within the
previous ten (10) years;
(7) is engaging in unfair practices as set forth in this article;
(8) is on the most recent tax warrant list supplied to the secretary
by the department of state revenue;
(9) violates IC 23-2-2.7;
(10) violates IC 9-19-9;
(11) willfully violates federal or state law relating to the sale,
distribution, financing, or insuring of motor vehicles or
watercraft;
(12) is not compliant with local, state, or federal laws and
regulations regarding a dealer license, endorsement, or dealer
business;
(13) violates IC 9-32-9-15;
(14) violates IC 9-32-9-16; or
(15) violates IC 9-32-9-29.
(d) The secretary may revoke, suspend, or deny an application,
impose fines and costs, restrict, condition, limit, bar, or suspend a
dealer license, a dealer endorsement, or a license plate issued under
this article, or order restitution, or do any combination of these actions
before final determination of an administrative proceeding. Upon the
issuance of an order, the secretary shall promptly notify each person
subject to the order:
(1) that the order has been issued;
(2) the reasons for the action;
(3) of the petition for review rights for an administrative
adjudication to be conducted by the office of administrative law
proceedings; and
(4) that upon receipt of a petition for review from the person, the
administrative law judge appointed by the office of administrative
legal proceedings shall issue an order setting a hearing date
within thirty (30) days.
If a petition for review is not filed within thirty (30) days after the date
of service of the order, the order becomes final by operation of law. If
a person subject to the order files a petition for review, the office of
administrative law proceedings shall assign an administrative law
judge to conduct a proceeding pursuant to IC 4-21.5.
(e) After a hearing, the administrative law judge may suspend or
deny an application, impose fines and costs, restrict, condition, limit,
bar, suspend, or revoke a license plate issued under this article, dealer
license or endorsement or order restitution, or do any combination of
these actions.
(f) Revocation or suspension of a license or endorsement of a dealer
may be limited to one (1) or more locations, to one (1) or more defined
areas, or only to certain aspects of the business.
(g) Except as provided in subsection (d), an order may not be issued
under this section without:
(1) appropriate notice to the applicant or registrant;
(2) an opportunity for a hearing; and
(3) reasons for the action.
(h) A person that controls, directly or indirectly, a person not in
compliance with this section may be disciplined by order of the
secretary under subsections (a) and (b) to the same extent as the
noncomplying person, unless the controlling person did not know, and
in the exercise of reasonable care could not have known, of the
existence of conduct that is a ground for discipline under this section.
(i) A person subject to this chapter that has not been issued a license
or endorsement is subject to the same disciplinary fines, costs, and
penalties as if a license had been issued.