PURPOSE: The director of the Department of Revenue is charged with the responsibility of determining that applicants for registration as motor vehicle dealers, salvage dealers and title service agents are of good moral character. This rule establishes the guidelines which will be used to determine if the applicant is eligible for registration.

1. (1) Except with a showing of evidence to the contrary, the following will be considered prima facie evidence on which the registration of a motor vehicle dealer, manufacturer, boat dealer, salvage dealer or title service agent will be denied because of lack of good moral character if the applicant:

   1. (A) Has ever been convicted in any federal or state court of a felony relating to the acquisition or transfer of motor vehicles, trailers, motor vehicle parts or boats;
   2. (B) Within five (5) years preceding the application, has been convicted in any federal or state court of a felony, within the last three

2. (3) years, or has been convicted in any federal or state court of a misdemeanor relating to the acquisition of or transfer of motor vehicles, trailers, motor vehicle parts or boats; and

   1. (C) Within three (3) years preceding the application, has been convicted in any federal or state court of a misdemeanor, or has shown contempt of laws in civil or administrative proceedings; or has had a motor vehicle dealer registration, manufacturer registration, boat dealer registration, salvage dealer registration or title service agent registration revoked in this or another state and has demonstrated through conduct since the date of the occurrence that no substantial improvement in character or reliability has occurred. A determination by the director of revenue that conduct subsequent to the occurrence in question demonstrated a failure to improve character or reliability will be made only following a notice to the applicant and a subsequent hearing before the director of revenue or his/her representative.
3. (2) Any dealer or applicant who receives notice of denial or revocation and desires to contest the prima facie of the fact(s) recited in subsection (1)(A) or (B) may request a hearing for the purpose of showing substantial rehabilitation or improvement in character sufficient to rebut the presumption created by the cited subsections. Request for a hearing should be submitted to the Director, Motor Vehicle and Driver’s Licensing Division, P.O. Box 629, Jefferson City, MO 65105.

AUTHORITY: sections 301.114, 301.221 and 301.251, RSMo 1986.* Original rule filed Oct. 15, 1984, effective Feb. 11, 1985. Amended: Filed June 4, 1986, effective Aug. 25, 1986. *Original authority 301.114, RSMo 1984; 301.221, RSMo 1979, amended 1986; and 301.251, RSMo 1981, amended 1984, 1985, 1986.