§ 56-37-30 — Establishment of points system for evaluating performance record of dealers; violations; sanctions.

South Carolina § 56-37-30

• Jurisdiction: South Carolina
• Title 56: MOTOR VEHICLES
• Ch. 37: MOTOR VEHICLE DEALER PERFORMANCE EVALUATION SYSTEM

Text

(A) There is established a points system for evaluating the performance record of any dealer licensed under this title and its continuing ability to operate as a dealer in this State. The department may only impose the sanctions described below if they are found to have occurred in the course of dealer-related business, to include a private citizen acting on behalf of a licensed dealer in their role as a dealer. If any dealer or employee of a dealership makes these errors in their role as a private citizen, those violations are not counted against the dealer license but may be penalized in accordance with state law. (B) For multiple record errors over a six-month period of time, the department may impose a two-point violation against a dealer license for the following: (1) errors or omissions on transactions regarding incoming or outgoing documents; (2) incorrect acquisition or sale dates; (3) incorrect vehicle identification numbers; (4) incorrect make, model, or type of body; (5) incorrect incoming or outgoing odometer reading; (6) incorrect name and address of the person a vehicle was acquired from or transferred to; (7) inability to provide an account for a dealer, transporter, or wholesale auto auction plate; or (8) issuance of a second temporary plate to a purchaser. (C) The following are four-point violations: (1) dealer selling at address different than indicated on dealer application and license; (2) failure to deliver a title to a buyer or the department within forty-five days of the date of sale; (3) reasonable records request unavailable upon the demand of the department; (4) issuance of any temporary license plate to a person not authorized to have the plate; (5) misuse of dealer, transporter, or wholesale auto auction plate; and (6) operating or allowing the operation of a vehicle with a suspended dealer plate. (D) The following are six-point violations: (1) selling out-of-trust or breach-of-trust; (2) possession of an open title; (3) altering or changing documents to avoid or delay registration; (4) maintaining or producing fraudulent records; (5) licensure as a wholesaler dealer only, but selling vehicles retail; (6) having a volume of sales that do not warrant the number of license plates issued; (7) dealer or auction facilitating a wholesaler selling retail; (8) failure to remit any state-owed fees within the time period prescribed by law to the department; (9) conviction by the licensee involving acquisition or transfer of a title to a vehicle; (10) conviction by the licensee of a criminal offense or judgment in a civil case in which there is fraud connected to the sale or transfer of a vehicle; and (11) use of fraudulent methods or practices. (E) The department's Inspector General or the Inspector General's designee has the authority to issue sanctions based on findings during inspections and audits. The department may turn any records of sanctions over to the law enforcement entity with jurisdiction over the licensed location of the dealership for criminal prosecution.

Legislative History

HISTORY: 2023 Act No. 51 (S.549), SECTION 23, eff January 1, 2024. Editor's Note 2023 Act No. 51, SECTION 40(D), provides as follows: "[SECTION 40.](D) SECTIONS 15 through 28 take effect on January 1, 2024. Any dealership applying for or renewing licenses, or operating on a currently issued license on or after January 1, 2024, is subject to the provisions of SECTIONS 15 through 28."