Minnesota Administrative Rules

7400.1600 DEALER LICENSE REVOCATION.

Subpart 1.

Grounds for revocation.

Revocation is the long-term withdrawal of a dealer license under Minnesota Statutes, section 168.27, subdivision 12. The registrar shall revoke a dealer license when there is sufficient cause to believe that the dealer has been convicted of a crime, has been enjoined due to a violation, has committed an act, or has failed to perform a duty as follows:

A.

The dealer is convicted of violating or is enjoined due to a violation of Minnesota Statutes, section 325F.69.

B.

The dealer is convicted of violating the Minnesota odometer law, Minnesota Statutes, section 325E.14, 325E.15, or 325E.16, or the federal odometer law, United States Code, title 15, sections 1981 to 1991, as amended through December 31, 1984.

C.

The dealer is convicted of a gross misdemeanor or felony under Minnesota Statutes, section 609.53, for receiving or selling stolen vehicles or stolen parts.

D.

The dealer is convicted of a felony related to the business of buying or selling motor vehicles or motor vehicle parts. If the felony conviction is from another jurisdiction, the registrar may not revoke unless the action or omission of the dealer would constitute a felony under Minnesota Statutes.

E.

The dealer fails to pay the registrar all taxes, fees, and arrears due from the dealer within ten days after notice that the taxes or fees are required to be paid.

F.

The dealer commits an act or fails to perform a duty that is grounds for suspension of a dealer license under part 7400.1700 and there are three suspensions under part 7400.1700 on the dealer's record within the past five years.

G.

The dealer violates a suspension imposed under part 7400.1700.

H.

The dealer submits a fraudulent license application.

Subp. 2.

Revocation period and effect.

A dealer license is not valid after it is revoked. An owner, officer, or board member of a revoked dealer may not be an owner, officer, or board member of another licensed dealer during the revocation. When a dealer license is revoked, the dealer shall immediately surrender the dealer license certificate, all dealer license plates, and all temporary vehicle permits. The length of revocation is as follows:

A.

The registrar shall use this item to determine the length of a revocation if the revocation is based solely or in part on a conviction of a crime or crimes as defined in Minnesota Statutes, section 364.02, subdivision 5. The revocation lasts until competent evidence is presented to the registrar that the person convicted has been sufficiently rehabilitated under the criteria of Minnesota Statutes, section 364.03, subdivision 3.

B.

If the length of a revocation is not determined under item A, the length of revocation is one year.

Statutory Authority:

MS s 299A.01

History:

19 SR 157

Published Electronically:

November 8, 2006