- (a) Any person who fails to renew the certificate of license as outlined in the act and within the guidelines of the provisions of the Office of Motor Vehicle shall be required to submit with the application for renewal a sworn affidavit attesting they have not violated any provisions of the act or this part.
(b) A licensee shall, within seven (7) calendar days, notify the Division of Arkansas State Police in writing of any change in the following:
- (1) Physical address;
- (2) Mailing address;
- (3) Any telephone number or numbers;
- (4) Any persons or entities having any ownership in the used vehicle dealership; or
- (5) Any name, address, or telephone number of the person designated to receive legal process, as outlined in the act.
- (c) The licensee shall be legally responsible for the good conduct in the business of each employee, including salespeople.
- (d) Any person who falsely represents that he or she is employed by a licensee shall be deemed guilty of violating the provisions of Acts 1993, No. 490, as amended.
(e)
- (1) The Director of the Division of Arkansas State Police may issue a written order of summary suspension of a certificate of license if it is determined that the public health, safety, or welfare requires emergency action.
- (2) The suspended license holder shall be afforded a hearing in a prompt and timely manner.
- (f) The director shall issue an order of summary suspension to the holder of a certificate of license thirty (30) days after a judgment is entered against the licensee, and the suspension shall be in effect until proof that the judgment has been satisfied is submitted to the division.
(g)
- (1) The bond and insurance requirement or requirements, as outlined under the provisions of the act shall be in force at all times while holding a certificate of license.
- (2) Failure of a licensee to comply with this part shall result in the certificate of license being summarily suspended by the director, and such suspension shall be in effect until said bond and insurance is submitted to the division and shown to be in full force.
(h) Persons who hold a certificate of license must use the division dealer number in published advertising as follows:
- (1) AR/DLR (number); or
- (2) Print the dealership name.
- (i) Any person to whom a certificate of license has been granted and receives an order of suspension or revocation shall immediately, upon receipt of such notice, return all certificates of license to the division.
(j)
- (1) A suspended license is subject to expiration and shall be renewed as provided in the act or this part.
(2) However, renewal does not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in:
- (A) The licensed activity; or
- (B) Any other activity or conduct in violation of the order by which the license was suspended.
- (k) It shall be unlawful for a suspended license holder to operate while the license is suspended.
(l) Violations and penalties.
(1)
- (A) For violations of the act and/or this part, the director may charge an applicant or licensee criminally as prescribed by Arkansas Code § 23-112-603(a)(1) – (3).
- (B) In addition to or instead of charging the applicant or licensee criminally pursuant to Arkansas Code § 23-112-603(a)(1) – (3), the director may issue a fine in an amount not to exceed one thousand dollars ($1,000) for each violation of Arkansas Code § 23-112-605.
- (C) If the director fines an applicant or licensee, the director may enter into consent judgments with the applicant or licensee providing for the payment of agreed upon fines not to exceed one thousand dollars ($1,000) per violation in lieu of a hearing and/or other administrative action.
(2) The director may deny an application for a certificate of license or its renewal or suspend or revoke a license if it is determined the applicant or licensee has:
- (A) Made a material misstatement in the application for or the renewal of a license;
- (B) Practiced fraud, deceit, or misrepresentation;
- (C) Demonstrated incompetence or untrustworthiness in their actions; or
- (D) Violated any provisions of the act and/or this part.
(m)
- (1) Any person to whom a certificate of license has been granted who ceases to conduct business at the location on file with the division shall notify the director, in writing, of such cessation within ten (10) calendar days.
- (2) The license shall automatically be suspended and shall not be reinstated until the provisions for licensure outlined in the act or this part are met.
(n) Fee waivers. The division will waive the initial application fees prescribed by Arkansas Code § 23-112-608 if the applicant:
(1) Is receiving assistance through the:
- (A) Arkansas Medicaid Program;
- (B) Supplemental Nutrition Assistance Program;
- (C) Special Supplemental Nutrition Program for Women, Infants, and Children;
- (D) Temporary Assistance for Needy Families Program; or
- (E) Lifeline Assistance Program;
- (2) Was approved for unemployment within the last twelve (12) months; or
- (3) Has an income that does not exceed two hundred percent (200%) of the federal poverty income guidelines.