Authority: IC 9-32-3-1; IC 9-32-11-8

Affected: IC 9-13; IC 9-32

Sec. 7. (a) In addition to the requirements in IC 9-32 and IC 9-13, the location and established place of business at which an automobile auction is licensed or applying to be licensed must meet the following requirements:

1. (1) Is located in Indiana and has an Indiana address that is not:

   1. (A) an Indiana post office box address;
   2. (B) a location that functions like a mailbox box facility; or
   3. (C) a location that only provides ministerial services by a contract employee.
2. (2) Is accessible by the public.
3. (3) Has a conspicuous permanent sign identifying the automobile auction by the name in which the automobile auction is licensed or applying to be licensed.

4. (4) Contains an office that meets the following requirements:

   1. (A) At least one hundred (100) square feet in size.
   2. (B) Equipped with office furniture such as a desk, chairs, and filing cabinets.

   3. (C) Served with utilities including:

      1. (i) electricity;
      2. (ii) lighting;
      3. (iii) heat;
      4. (iv) operational plumbing; and
      5. (v) a business telephone.
   4. (D) Reflective of functional use and operation of the license.
5. An exemption for the requirements in clauses (A) through (C) may be given at the secretary's discretion so long as there are no concerns regarding the qualifications and eligibility of the applicant to receive the license or the ability of the applicant to conduct properly the business for which the application is submitted.
6. (5) Has customer parking.
7. (6) Has adequate space to accommodate the display of a minimum of ten (10) vehicles of the kind and type that the automobile auction is licensed to sell.

(b) The automobile auction must provide photographs of the automobile auction's established place of business with the initial application for an automobile auction license. These photographs must include, at a minimum, the:

1. (1) interior and exterior of the established place of business;
2. (2) advertising sign required by this section; and
3. (3) office.

Printed photographs must not be less than three (3) inches by five (5) inches in size. The photographs must be updated if the automobile auction moves or if its physical facilities are substantially altered or modified. Digital photographs must be unaltered and verifiable.

(c) Unless conflicting with the provisions of this section, all rules that the secretary of state finds applicable governing dealers shall apply to automobile auctions.

(Secretary of State; 75 IAC 6-2-7; filed Aug 15, 2014, 9:57 a.m.: 20140910-IR-075130566FRA; filed Dec 14, 2017, 1:16 p.m.: 20180110-IR-075160435FRA; readopted filed Nov 30, 2023, 11:48 a.m.: 20231227-IR-075230626RFA)