Terms Used In Louisiana Revised Statutes 32:804

  • Commission: means the Louisiana Used Motor Vehicle Commission or its designee. See Louisiana Revised Statutes 32:781
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Dismantler and parts recycler: means a person, firm, or corporation engaged in whole or in part in the business of acquiring and dismantling, disassembling, or repairing wrecked, abandoned, or repairable motor vehicles or selling the usable parts thereof, or selling such wrecked, abandoned, or repairable motor vehicles as a unit of wholesale, or selling such repaired motor vehicles as a unit at wholesale. See Louisiana Revised Statutes 32:781
  • Motor vehicle: means any motor-driven vehicle required to be registered that was used, is used, or is designed to be used for the transporting of passengers or goods for public, private, commercial, or for-hire purposes. See Louisiana Revised Statutes 32:781
  • Motor vehicle crusher: means any person, firm, limited liability corporation, or corporation engaged in whole or in part in the business of purchasing and crushing or compacting motor vehicles and selling the crushed or compacted vehicle for scrap. See Louisiana Revised Statutes 32:781
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Place of business: means the place owned or leased and regularly occupied by a person, partnership, corporation, limited liability company, or other entity licensed under the provisions of this Chapter for the principal purpose of auctioning, renting, or selling used motor vehicles, crushing or compacting used motor vehicles and selling the crushed or compacted vehicle for scrap, or engaging in the business of a dismantler and parts recycler, where the products for sale are displayed and offered for sale, and where the books and records required for the conduct of the business are maintained and kept. See Louisiana Revised Statutes 32:781
  • Used motor vehicle: means a motor vehicle, which has been previously titled to an ultimate purchaser as defined in R. See Louisiana Revised Statutes 32:781

A.  Except as otherwise provided in this Section, the commission may deny an application for a license or revoke, or suspend, or cancel a license after it has been granted for any of the following reasons:

(1)  On satisfactory proof of unfitness of the applicant or the licensee, as the case may be, under the standards established by this Part.

(2)  For fraudulent practices or any material misstatement made by an applicant in any application for license under the provisions of this Part.

(3)  For any willful failure to comply with any provisions of this Part, any provision relating to the proper disposition of certificates of title or permits to dismantle in connection with the purchase or sale of any motor vehicle, or with any rule or regulation adopted and promulgated by the commission under authority vested in it by this Part.

(4)  Change of condition after license is granted resulting in failure to maintain the qualifications for licensure.

(5)  Continued or flagrant violation of any of the rules or regulations of the commission.

(6)  Being a dismantler and parts recycler, dismantler and parts recycler salesperson, or motor vehicle crusher who:

(a)  Resorts to or uses any false or misleading advertising in connection with his business.

(b)  Has committed any unlawful act which resulted in the revocation of any similar license in another state.

(c)  Has been convicted of a crime involving moral turpitude.

(d)  Has committed a fraudulent act in selling, purchasing, or otherwise dealing in motor vehicles or motor vehicle parts, or has misrepresented the terms and conditions of a sale, purchase, or contract for sale or purchase of used motor vehicle parts, motor vehicles, or any interest therein including an option to purchase such motor vehicles.

(e)  Has engaged in his business under a past or present license issued pursuant to this Part or in any other course of conduct in such a manner as to cause injury to the public or to those with whom he is dealing.

(f)  Has failed to meet or maintain the conditions and requirements necessary to qualify for the issuance of a license.

(g)  Has failed or refused to furnish and keep in force any bond required under this Part.

(h)  Has knowingly engaged in tampering with, adjusting, altering, changing, setting back, disconnecting, or failing to connect the odometer of any motor vehicle, or causing any of the foregoing to occur in an odometer of a motor vehicle, so as to reflect a lower mileage than the true mileage driven by the motor vehicle.  The foregoing shall be applicable to any motor vehicle whether sold wholesale or retail or whether or not the foregoing occurred within or outside of the state of Louisiana.

(7)  Being a dismantler and parts recycler or crusher who:

(a)  Does not have an established place of business.

(b)  Is not operating from the address shown on his license if this change has not been reported to the commission.

(c)  Employs unlicensed salespersons or other unlicensed persons in connection with the sales of used motor vehicle parts.

B.  The commission shall not deny an application for a license or revoke or suspend a license based upon consideration of an existing or anticipated economic or competitive effect on other licensees in the surrounding community or territory.

C.  Each of the aforementioned grounds for suspension, revocation, cancellation, or denial of issuance or renewal of license shall also constitute a violation of this Part, unless the person involved has been tried and acquitted of the offense constituting such grounds.

D.  The suspension, revocation, cancellation, or refusal to issue or renew a license or the imposition of any other penalty by the commission shall be in addition to any penalty which might be imposed upon any licensee upon a conviction at law for any violation of this Part.

E.  In the performance of its duties under this Section the commission shall have the authority to obtain from the Department of Public Safety and Corrections and other governmental agencies information relating to the criminal records of applicants for licensure under this Part.

Acts 2006, No. 440, §1.