1. A. Qualifications for a Digital Transaction Provider. To contract with the department as a digital transaction provider, the owner/applicant shall:

   1. 1. be a citizen of the United States or be lawfully present in the United States;
   2. 2. maintain the primary physical location of its operations within the continental United States of America;
   3. 3. provide proof of registration with the secretary of state to do business in the state of Louisiana;
   4. 4. possess any required business license.

2. B. The department may deny an application and refuse to grant the applicant authority to act as a digital transaction provider or suspend, revoke or impose other restrictions on its contract with the digital transaction provider as a result of any of the following actions by the applicant, by any of the applicant's employees, by officers, directors, managers, representatives, or owners of the digital transaction provider, or agents of the digital transaction provider:

   1. 1. operating as a DTP without an executed contract or written authorization for each transaction performed by the DTP, with an expired contract, or without a valid surety bond on file with the department;
   2. 2. failure to remit taxes and fees collected from applicants on any transaction performed by the digital transaction provider in the manner specified by the department and in the timeframe specified by the department;
   3. 3. operating from an unapproved website or web address;
   4. 4. operating from a location outside of the continental United States of America;

   5. 5. effecting a change in the ownership of the DTP and the DTP:

      1. a. fails to report the change in writing to the department; and
      2. b. does not submit to and pass the standard background check prior to the effective date of such change;

   6. 6. changing the officers or directors of the DTP and the DTP:

      1. a. fails to report the change in writing to the department; and
      2. b. the officers or directors do not submit to and pass the standard background check prior to the effective date of such change;
   7. 7. use of a subcontractor without department approval;
   8. 8. being a principal or accessory to the alteration of any information or data relevant to any transaction or process that results in a material injury to the public records or a shortfall in the collection of taxes or fees owed;
   9. 9. the forwarding to the office of motor vehicles by a DTP of information or data relevant to a to any transaction that results in a material injury to the public records, or a shortfall in the collection of fees or taxes owed when the DTP had knowledge of facts causing such injury or shortfall, and failed to disclose same to the office of motor vehicles;
   10. 10. failure to report any arrests of any officer or authorized employee for any criminal charge an element of which is fraud, theft, conversation, or unauthorized use, or for any offense that is considered a sex offense which requires registration as a sex offender in the state of Louisiana or is offense in any other jurisdiction which is substantially similar to a sex offense which would require registration as a sex offender in the state of Louisiana if the offense occurred in the state of Louisiana;
   11. 11. conviction of, or entry of a plea of guilty or nolo contendere to, any felony or conviction of, or entry of a plea of guilty or nolo contendere to, any criminal charge an element of which is fraud, theft, conversation, or unauthorized use, or for any offense that is considered a sex offense which requires registration as a sex offender in the state of Louisiana or is offense in any other jurisdiction which is substantially similar to a sex offense which would require registration as a sex offender in the state of Louisiana;
   12. 12. fraud, deceit, or perjury in obtaining any contract perfected pursuant to R.S. 47:532.4;
   13. 13. failure to maintain at all times during the term of the contract all qualifications required by R.S. 47:532.4 the by rule adopted by the department;
   14. 14. failure to notify the department of any security breaches of the network or system of the DTP, or any of its contractors or subcontractors, whether or not it can be determined that data or information on the department’s system was accessed, altered, or copied;
   15. 15. failure to comply with the Office of Technology Services’ current Information Security Policy, including all additional appendices.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 47:532.4.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 50:1854 (December 2024).