§ 9-32-16-5 — Dealers to provide staff of division access to dealer's premises and records

(a) All dealers licensed under this article with
the division shall, upon request, provide members of the staff of the
division prompt access, during reasonable business hours, to that part
of the premises at the dealer's place of business where:
(1) documents are stored; or
(2) motor vehicle sales are offered, made, or processed.
(b) The secretary must notify a dealer of a request for access to the
dealer's place of business under subsection (a) at least three (3) days
before access is needed. However, if the secretary is conducting an
investigation under section 14 of this chapter, members of the staff of
the division, at any time and without prior notice, may request access
to the dealer's place of business under subsection (a).
(c) The following apply to records of a dealer licensed under this
article:
(1) The records are subject to such reasonable periodic, special,
or other audits or inspections by a representative of the secretary,
outside or within Indiana, as the secretary considers necessary or
appropriate in the public interest and for the protection of
investors.
(2) The secretary may audit or inspect electronic records at any
time and without prior notice.
(3) The secretary must notify a dealer of an audit or inspection of
the dealer's paper records at least three (3) days before the audit
or inspection. However, if the secretary is conducting an
investigation under section 14 of this chapter, a representative of
the secretary may audit or inspect the dealer's paper records at any
time and without prior notice.
(4) A representative of the secretary may copy and remove copies
of the records the secretary reasonably considers necessary or
appropriate to conduct an audit or inspection.
(5) A representative of the secretary may request electronic copies
of records the secretary reasonably considers necessary or
appropriate to conduct an audit or inspection.
(6) A:
(A) representative of the secretary may make a request for
records under this subsection electronically, by mail, or in
person at the established place of business of the dealer during
reasonable business hours; and
(B) dealer shall produce such records in the manner requested
by the representative of the secretary, including in person,
electronically, or by mail.

Legislative History

As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.112; P.L.120-2020, SEC.75.