Section 75IAC5-2-13. Denial, suspension, or revocation of the dealer license and plates

   (a) The bureau shall make the initial determination with respect to an application for the issuance of a boat dealer's license and plates. Based upon the application and investigation, the bureau shall either issue plates to the applicant or deny the issuance of the boat dealer plates.

  (b) Within fifteen (15) days of the bureau's initial determination with respect to the application, the applicant may make a written request for a hearing for a redetermination of the status of the application. At the hearing, the applicant may present evidence to substantiate the applicant's claim to either boat dealer registration plates or to a specific classification of boat dealer registration plates. The hearing will be conducted in accordance with IC 4-21.5. Any further review of the bureau's determination shall be afforded through the circuit or superior court in which the person's principal place of business is located.

  (c) A license or plates under this section may be denied, suspended, revoked, or placed upon probation for:

(1) a material misrepresentation in application for a license filed with the bureau;

(2) a lack of fitness under the standards set forth in IC 9-31-4 [IC 9-31-4 was repealed by P.L.92-2013, SECTION 77, effective July 1, 2013.] or this rule;

(3) a willful failure to comply with IC 9-31-4 [IC 9-31-4 was repealed by P.L.92-2013, SECTION 77, effective July 1, 2013.] or this rule; or

(4) a willful violation of any federal or state law relating to the sale, distribution, financing, or insuring of boats.

  (d) Any probation, suspension, or revocation of a boat dealer's license or boat dealer's plates must be made by the bureau after notice of specific charges and hearing in accordance with IC 4-21.5. Any further review of the bureau's determination shall be afforded through the circuit or superior court in which the person's principal place of business is located. (Secretary of State; 75 IAC 5-2-13; filed Jun 7, 1993, 10:00 a.m.: 16 IR 2359; readopted filed Jul 30, 2001, 10:31 a.m.: 24 IR 4232; 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 9-3-13) to the Secretary of State (75 IAC 5-2-13) by P.L.106-2008, SECTION 54, effective July 1, 2008.