Administrator: means the motor vehicle enforcement administrator. See Utah Code 41-3-102
Authorized service center: means an entity that:
(a)
is in the business of repairing exclusively the motor vehicles of the same line-make as the motor vehicles a single direct-sale manufacturer manufactures;
(b)
the direct-sale manufacturer described in Subsection (4)(a) authorizes to complete warranty repair work for motor vehicles that the direct-sale manufacturer sells, displays for sale, or offers for sale or exchange; and
(c)
conducts business primarily from an enclosed commercial repair facility that is permanently located in the state. See Utah Code 41-3-102
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Dealer: includes a representative or consignee of any dealer. See Utah Code 41-3-102
Direct-sale manufacturer: means a person:
(a)
that is both a manufacturer and a dealer;
(b)
that is:
(i)
an electric vehicle manufacturer; or
(ii)
a low-volume manufacturer;
(c)
that is not a franchise holder;
(d)
that is domiciled in the United States; and
(e)
whose chief officers direct, control, and coordinate the person's activities as a direct-sale manufacturer from a physical location in the United States. See Utah Code 41-3-102
Direct-sale manufacturer salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by a direct-sale manufacturer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of a motor vehicle manufactured by the direct-sale manufacturer who employs the individual. See Utah Code 41-3-102
Distributor: means a person who has a franchise from a manufacturer of motor vehicles to distribute motor vehicles within this state and who in whole or in part sells or distributes new motor vehicles to dealers or who maintains distributor representatives. See Utah Code 41-3-102
Division: means the Motor Vehicle Enforcement Division created in Section 41-3-104. See Utah Code 41-3-102
Fraud: Intentional deception resulting in injury to another.
Line-make: means motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the manufacturer. See Utah Code 41-3-102
Manufacturer: means a person engaged in the business of constructing or assembling new motor vehicles, ownership of which is customarily transferred by a manufacturer's statement or certificate of origin, or a person who constructs three or more new motor vehicles in any 12-month period. See Utah Code 41-3-102
for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. See Utah Code 41-3-102
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Principal place of business: means a site or location in this state:
(i)
devoted exclusively to the business for which the dealer, manufacturer, remanufacturer, transporter, dismantler, crusher, or body shop is licensed, and businesses incidental to them;
(ii)
sufficiently bounded by fence, chain, posts, or otherwise marked to definitely indicate the boundary and to admit a definite description with space adequate to permit the display of three or more new, or new and used, or used motor vehicles and sufficient parking for the public; and
(iii)
that includes a permanent enclosed building or structure large enough to accommodate the office of the establishment and to provide a safe place to keep the books and other records of the business, at which the principal portion of the business is conducted and the books and records kept and maintained. See Utah Code 41-3-102
Salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by any new motor vehicle dealer or used motor vehicle dealer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of motor vehicles. See Utah Code 41-3-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
The administrator may employ clerks, deputies, and assistants necessary to discharge the duties under this chapter and may designate the duties of those clerks, deputies, and assistants.
(b)
The administrator, assistant administrator, and all investigators shall be law enforcement officers certified by peace officer standards and training as required by Section 53-13-103.
(3)
(a)
The administrator may investigate any suspected or alleged violation of:
The administrator may bring an action in the name of the state against any person to enjoin a violation found under Subsection (3)(a).
(4)
(a)
The administrator may prescribe forms to be used for applications for licenses.
(b)
The administrator may require information from the applicant concerning the applicant’s fitness to be licensed.
(c)
Each application for a license shall contain:
(i)
if the applicant is an individual, the name and residence address of the applicant and the trade name, if any, under which the applicant intends to conduct business;
(ii)
if the applicant is a partnership, the name and residence address of each partner, whether limited or general, and the name under which the partnership business will be conducted;
(iii)
if the applicant is a corporation, the name of the corporation, and the name and residence address of each of its principal officers and directors;
(iv)
a complete description of the principal place of business, including:
(A)
the municipality, with the street and number, if any;
(B)
if located outside of any municipality, a general description so that the location can be determined; and
(C)
any other places of business operated and maintained by the applicant in conjunction with the principal place of business;
(v)
if the application is for a new motor vehicledealer‘s license, the name of each motor vehicle the applicant has been enfranchised to sell or exchange, the name and address of the manufacturer or distributor who has enfranchised the applicant, and the name and address of each individual who will act as a salesperson under authority of the license;
(vi)
at least five years of business history;
(vii)
the federal tax identification number issued to the dealer;
if the application is for a direct-sale manufacturer‘s license:
(A)
the name of each line-make the applicant will sell, display for sale, or offer for sale or exchange;
(B)
the name and address of each individual who will act as a direct-sale manufacturer salesperson under authority of the license;
(C)
a complete description of the direct-sale manufacturer’s authorized service center, including the address and any other place of business the applicant operates and maintains in conjunction with the authorized service center;
(D)
a sworn statement that the applicant complies with each qualification for a direct-sale manufacturer under this chapter;
(E)
a sworn statement that if at any time the applicant fails to comply with a qualification for a direct-sale manufacturer under this chapter, the applicant will inform the division in writing within 10 business days after the day on which the noncompliance occurs; and
(F)
an acknowledgment that if the applicant fails to comply with a qualification for a direct-sale manufacturer under this chapter, the administrator will deny, suspend, or revoke the applicant’s direct-sale manufacturer license in accordance with Section 41-3-209.
(5)
The administrator may adopt a seal with the words “Motor Vehicle Enforcement Administrator, State of Utah,” to authenticate the acts of the administrator’s office.
(6)
(a)
The administrator may require that a licensee erect or post signs or devices on the licensee’s principal place of business and any other sites, equipment, or locations operated and maintained by the licensee in conjunction with the licensee’s business.
(b)
The signs or devices shall state the licensee’s name, principal place of business, type and number of licenses, and any other information that the administrator considers necessary to identify the licensee.
(c)
The administrator may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, determining allowable size and shape of signs or devices, lettering and other details of signs or devices, and location of signs or devices.
(7)
(a)
The administrator shall provide for quarterly meetings of the advisory board and may call special meetings.
(b)
Notices of all meetings shall be sent to each member not fewer than five days before the meeting.
(8)
The administrator, the officers and inspectors of the division designated by the commission, and peace officers shall:
(a)
make arrests upon view and without warrant for any violation committed in their presence of any of the provisions of this chapter, or Title 41, Chapter 1a, Motor Vehicle Act;
(b)
when on duty, upon reasonable belief that a motor vehicle, trailer, or semitrailer is being operated in violation of any provision of Title 41, Chapter 1a, Motor Vehicle Act, require the driver of the vehicle to stop, exhibit the person’s driver license and the registration card issued for the vehicle, and submit to an inspection of the vehicle, the license plates, and registration card;
(c)
serve all warrants relating to the enforcement of the laws regulating the operation of motor vehicles, trailers, and semitrailers;
(d)
investigate traffic accidents and secure testimony of any witnesses or persons involved; and
(e)
investigate reported thefts of motor vehicles, trailers, and semitrailers.
(9)
The administrator shall provide security for an area within the commission designated as a secure area under Section 76-8-311.1.
(10)
The Office of the Attorney General shall provide prosecution of this chapter.
