A. If the director has reasonable cause to believe from an investigation made by the director that a licensed motor vehicle dealer or automotive recycler has violated or is violating a law of this state or rule adopted by the department, the director may immediately issue and serve on the licensee by personal delivery or first class mail at the business address of record a cease and desist order requiring the licensee to immediately cease and desist from further engaging in the business or the prohibited activity, or both, on the receipt of the notice. A licensee who receives a cease and desist order may submit a written request for a hearing to the director. The licensee shall submit the request for a hearing within thirty days after the licensee receives the cease and desist order. On failure of a licensee to comply with the order or after a requested hearing, the director may suspend or cancel the licensee’s license or permit pursuant to section 28-4493 and section 28-4494 or 28-4495 or may take action pursuant to section 28-4496.

Terms Used In Arizona Laws 28-4498

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Automotive recycler: means a person that is engaged in the business of buying or acquiring a motor vehicle solely for the purpose of dismantling, selling or otherwise disposing of the parts or accessories and that removes parts for resale from six or more vehicles in a calendar year. See Arizona Laws 28-101
  • Dealer: means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28-4302. See Arizona Laws 28-101
  • Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
  • Director: means the director of the department of transportation. See Arizona Laws 28-101
  • Motor vehicle: means an automobile, motor bus, motorcycle, truck or truck tractor or any other self-propelled vehicle, trailer or semitrailer. See Arizona Laws 28-4301
  • Motor vehicle dealer: means a new motor vehicle dealer, a used motor vehicle dealer, a public consignment auction dealer, a broker or a wholesale motor vehicle auction dealer, excluding a person who comes into possession of a motor vehicle as an incident to the person's regular business and who sells, auctions or exchanges the motor vehicle. See Arizona Laws 28-4301
  • State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101

B. If the director conducts an investigation and has reasonable cause to believe that a licensed motor vehicle dealer is in violation of section 28-4493, subsection A, paragraph 9, the director may immediately issue and serve on the licensee by personal delivery or first class mail at the business address of record a cease and desist order requiring the licensee to immediately cease and desist from further engaging in the business or the prohibited activity, or both, on the receipt of the notice. The director shall notify the licensee that a hearing will be conducted and that civil penalties may be imposed pursuant to section 28-4501. On failure of a licensee to comply with the order or after a hearing, the director may suspend or cancel the licensee’s license or permit pursuant to section 28-4493 and section 28-4494 or 28-4495 or may take action pursuant to section 28-4496.

C. The director of the department of transportation shall provide a copy of any cease and desist order issued pursuant to this section to the director of the department of revenue.

 

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