Section 75IAC3-1-12. Salvage motor vehicle license revocation and suspension

   REVOCATION AND SUSPENSION OF A SALVAGE MOTOR VEHICLE LICENSE. The Commissioner, under IC 9-22 may revoke or suspend the license of a disposal facility or automotive salvage rebuilder after conducting a hearing under IC 4-21.5, and determining the administrative action that is required and justified.

(1) Cause for Suspension or Revocation-The Commissioner may suspend or revoke a license if it has been determined that:

(A) The licensee made a material misrepresentation in the Application for License.

(B) The licensee committed a fraudulent act in connection with his business activity.

(C) The licensee committed a material violation of the information and recordkeeping requirements.

(D) The licensee failed to surrender and return a Certificate of License upon suspension or revocation.

(E) The licensee committed a violation of any rule or regulation of the Bureau of Motor Vehicles concerning salvage motor vehicles.

(2) Revocation─Any flagrant or repeated direct and material violation described in Paragraph A of this Rule shall be cause for revocation. Revocation shall be for the balance of the license year period. Revocation may be considered cause for subsequent denial of an application for license for a period of up to three years from the date of revocation.

(3) Suspension─Any direct and material violation described in Paragraph A of this Rule shall be cause for suspension. Such suspension shall be for a time certain, from a minimum of 30 days to a maximum of 12 months for each violation, and may extend beyond the end of a license year period. The Commissioner may, at his discretion, place a disposal facility or automotive salvage rebuilder on probation for up to one year for any material violation described in Paragraph A of this Rule.

(Secretary of State; 75 IAC 3-1-12; filed Apr 28, 1981, 9:35 a.m.: 4 IR 906; errata filed Aug 10, 1992, 3:00 p.m.: 15 IR 2594; readopted filed Jul 30, 2001, 10:25 a.m.: 24 IR 4228; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; readopted filed Nov 13, 2013, 3:25 p.m.: 20131211-IR-075130451RFA) NOTE: Transferred from the Bureau of Motor Vehicles (140 IAC 3-3-12) to the Secretary of State (75 IAC 3-1-12) by P.L.106-2008, SECTION 54, effective July 1, 2008.