No. 32786 (Amendment): R877-23V-12. Documents Required Prior to Issue of a License Pursuant to Utah Code Ann. Section 41-3-105

DAR File No.: 32786
Filed: 07/06/2009, 12:03
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section 41-3-105 provides rulemaking power to the division to carry out the purposes of the Motor Vehicle Business Regulation Act and this particular rule needs updating.

Summary of the rule or change:

The proposed amendment updates the documents a distributor must provide to receive a motor vehicle distributor license in Utah.

State statutory or constitutional authorization for this rule:

Section 41-3-105

Anticipated cost or savings to:

the state budget:

None--The amendment does not change the state-imposed fees, nor does this amendment increase the Commission's enforcement activities.

local governments:

None--No local fees are involved. Local governments are not involved in enforcement of this section.

small businesses and persons other than businesses:

Minimal--The applicant will be required to make a minimal photo of the applicant's place of business.

Compliance costs for affected persons:

Minimal cost--The proposed amendment requires a distributor licensee applicant to provide evidence of a sales tax license and that the place of business has been inspected by the division, and requires the applicant to bring a photo of the place of business, including sign.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is anticipated to be a minimal cost for photos. D'Arcy Dixon, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Tax Commission
Motor Vehicle Enforcement
210 N 1950 W
SALT LAKE CITY UT 84134

Direct questions regarding this rule to:

Cheryl Lee at the above address, by phone at 801-297-3900, by FAX at 801-297-3919, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/31/2009

This rule may become effective on:

09/07/2009

Authorized by:

D'Arcy Dixon, Commissioner

RULE TEXT

R877. Tax Commission, Motor Vehicle Enforcement.

R877-23V. Motor Vehicle Enforcement.

R877-23V-12. Documents Required Prior to Issue of a License Pursuant to Utah Code Ann. Section 41-3-105.

[A. ]The following items must be properly completed and presented to the [Motor Vehicle Enforcement Division (]division[)] before a license is issued.

[1.](1) New motor vehicle dealer or new motorcycle and small trailer dealer license:

[a)](a) application for license;

[b)](b) dealer bond in the amount prescribed by Section 41-3-205;

[c)](c) evidence that a Utah sales tax license has been issued to the dealership;

[d)](d) franchise verification from the manufacturer of each make of new motor vehicle to be offered for sale;

[e)](e) [picture]pictures of the dealership, clearly showing the office, display space, and required sign;

[f)](f) pictures of the owner, partners, or corporate officers who will act as no-fee salespersons;

[g)](g) the fee required by Section 41-3-601;

[h)](h) evidence that the place of business has been inspected by an authorized division employee or agent;

[i.](i) fingerprints of the owner, partners, or corporate officers who will act as no-fee salespersons, and the fees and waiver required by the Department of Public Safety for the processing of fingerprints.

[2.](2) Used motor vehicle dealer or used motorcycle and small trailer dealer license:

[a)](a) application for license;

[b)](b) dealer bond in the amount prescribed by Section 41-3-205;

[c)](c) evidence that a Utah sales tax license has been issued to the dealership;

[d)](d) [picture]pictures of the dealership, clearly showing the office, display space, and required sign;

[e)](e) pictures of the owner, partners, or corporate officers who will act as no-fee salespersons;

[f)](f) the fee required by law;

[g)](g) evidence that the place of business has been inspected by an authorized division employee or agent;

[h)](h) fingerprints of the owner, partners, or corporate officers who will act as no-fee salespersons, and the fees and waiver required by the Department of Public Safety for the processing of fingerprints.

[3.](3) Manufacturer or remanufacturer license:

[a)](a) application for license;

[b)](b) evidence that the applicant has complied with the National Highway Traffic and Safety Administration's Motor Vehicle Safety Standard No. 115, regarding 17 character vehicle identification number (VIN) requirements;

[c)](c) [picture]pictures of the principal place of business and required sign;

[d)](d) the fee required by Section 41-3-601;

[e)](e) evidence that a Utah sales tax license has been issued to the manufacturer or remanufacturer;

[f)](f) evidence that the place of business has been inspected by an authorized division employee or agent.

[4.](4) Transporter license:

[a)](a) application for license;

[b)](b) [picture]pictures of the principal place of business and required sign;

[c)](c) the fee required by Section 41-3-601;

[d)](d) if applicable, evidence that a Utah sales tax license has been issued to the transporter;

[e)](e) evidence that the place of business has been inspected by an authorized division employee or agent.

[5.](5) Dismantler license:

[a)](a) application for license;

[b)](b) evidence that a Utah sales tax license has been issued for the dismantler;

[c)](c) [picture]pictures of the principal place of business, clearly showing the office[,] and required sign[, and display space];

[d)](d) the fee required by Section 41-3-601;

[e)](e) evidence that the place of business has been inspected by an authorized division employee or agent.

[6.](6) Crusher license:

[a)](a) application for license;

[b)](b) crusher bond as prescribed in Section 41-3-205;

[c)](c) [picture]pictures of the principal place of business, clearly showing the office and required sign;

[d)](d) the fee required by Section 41-3-601;

[e)](e) evidence that a Utah sales tax license has been issued for the crusher;

[f)](f) evidence that the place of business has been inspected by an authorized division employee or agent.

[7.](7) Salesperson license:

[a)](a) application for license;

[b)](b) picture of the applicant;

[c)](c) fingerprints of the applicant and the fees and waiver required by the Department of Public Safety for the processing of fingerprints;

[d)](d) the fee required by Section 41-3-601.

[8.](8) Distributor, factory branch, distributor branch, or representative license:

[a)](a) application for license;

[b)](b) the fee required by Section 41-3-601;

(c) pictures of the principal place of business, clearly identifying the office and required sign;

(d) evidence that a Utah sales tax license has been issued for the distributor;

(e) evidence that the place of business has been inspected by a authorized division employee or agent.

[9.](9) Body shop license:

[a)](a) application for license;

[b)](b) body shop bond as prescribed in Section 41-3-205;

[c)](c) [picture]pictures of the principal place of business, clearly showing the office[,] and required sign[, and display space];

[d)](d) the fee required by Section 41-3-601;

[e)](e) evidence that a Utah sales tax license has been issued for the body shop;

[f)](f) evidence that the place of business has been inspected by an authorized division employee or agent.

[10.](10) New applicants may also be required to attend an orientation class on motor vehicle laws and motor vehicle business laws before their license is issued.

 

KEY: taxation, motor vehicles

Date of Enactment or Last Substantive Amendment: [March 3], 2009

Notice of Continuation: March 14, 2007

Authorizing, and Implemented or Interpreted Law: 41-3-105