Chapter 681-16 SCHEDULE OF FINES
The Used Motor Vehicle Division may impose fines for violations
of O.C.G.A. Chapter 43-47. The fines shall not exceed $500 per violation. A
licensee, who actually holds a license or a person who is required to be
licensed by this Chapter, who commits a violation as listed below, may be fined
as indicated. However, the Division may, in its discretion, change the Schedule
of Fines in whole or in parts as necessary. Further, the licensee shall pay the
fine within thirty (30) days after receiving written notification from either
the appropriate division or a representative of the Division unless the
licensee requests, in writing, a hearing before the Division. Such request for
a hearing must be received by the Division within thirty (30) days after
receipt of the written notification from the Division. Failure either to pay
the fine or request a hearing shall result in immediate suspension of the
license pending a hearing by the Division to determine whether revocation or
other disciplinary action should be imposed on the licensee. In addition to the
fine schedule, the Division may impose further disciplinary action against a
dealer who is cited for repeated violations. The Division may impose the
following progressive disciplinary action:
| (a) |
First violation within a six-month
period: Appropriate fine for the violation as listed in this rule; |
| (b) |
Any subsequent violation within a
six-month period: A Public Consent Order with appropriate fine for the
violation as listed in this rule and Probation for 12 months; |
| (c) |
Any violation during Probationary period:
Suspension of the license for six months. At the end of the six-month
suspension period, the applicant may make written request to the Division to
release the suspension of the license. If the Division grants the lifting of
the suspension, the license shall be reactivated by Public Consent Order with
Probation for 12 months. Any operations of the dealership during the period of
Suspension shall be grounds for and may result in Revocation of the
license. |
| (d) |
Any violation during
this Probationary period shall be grounds for and may result in Revocation of
the license. |
| (e) |
The violations and
Fines are as follows:
| 1. |
Failure to apply for
a title in the retail purchaser's name within 30 calendar days after the date
of sale; $500 per violation; |
| 2. |
In
possession of an open title not properly assigned as prescribed by O.C.G.A.
Title 40: $250 per violation; |
| 3. |
Failure to display a properly completed buyers guide as prescribed by the
Federal Trade Commission Rules: $250 per violation; |
| 4. |
The display or sale of a vehicle for
profit in violation of O.C.G.A. Chapter 43-47 by unlicensed persons who have
not properly titled and tagged, in their name, the vehicle offered for sale:
$500 per violation; |
| 5. |
Failure to
furnish the retail purchaser of a vehicle the proper documents in order for
said purchaser to obtain a tag for that vehicle within thirty (30) calendar
days from the date of purchase: $500 per violation; |
| 6. |
Aiding and abetting an unlicensed person
in selling vehicles by allowing the unlicensed person to sell those vehicles
using a license granted by the Division: $500 per violation; and |
| 7. |
Failing to properly complete a "finance
contract" which complies with the Federal Reserve System, Title I, Regulation Z
(Truth In Lending Act) when financing vehicles which are being sold to
purchasers: $500 per violation. |
| 8. |
Failing to maintain the required surety bond or liability insurance: $500 shall
be imposed; |
| 9. |
Failure to properly
make application to the Division for a name change or change of location within
the required 30 day period: $250 shall be imposed; |
| 10. |
Failure to make application for an
off-premises temporary license: $250 per violation; |
| 11. |
Failure to check the appropriate box on
odometer disclosure statement and certificate of title: $500 per violation; and
|
| 12. |
Failure to submit an
application for change of ownership in the required 30 day period: $100 shall
be imposed. |
| 13. |
Failure to obtain a
bill of sale or odometer statement from the individual or company from which
the licensee acquired the vehicle: $250 per violation. (Such information must
be maintained in the records of the licensee.) |
|
