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Chapter 681-14 CRIMINAL OFFENSES

Rule 681-14-.01 Purpose

In an effort to maintain consistency in the denial of an application for or the sanction of a used motor vehicle dealer's license when a criminal act has been committed by an applicant or a licensee, the Used Motor Vehicle Division (hereinafter, the Division) has adopted specific, but not all inclusive, sanctions for convictions. It is the Division's intention for the sanctions and denials of licensure set forth in this Chapter to be diligently administered; however, the Division reserves the right and authority to make exceptions in special situations where the Division deems it to be appropriate.

Rule 681-14-.02 Crimes Involving Violence or Moral Turpitude, Felonies and Other Crimes

All convictions for crimes, pleas of guilty, pleas of nolo contendere or other offenses for which first offender treatment was received shall be reported by applicants on the application for licensure; and for licensees, they shall be reported in a written notification to the Division within ten (10) days after the date of conviction. The conviction of, plea of guilty to, or plea of nolo contendere to, or receiving first offender treatment for a crime involving violence, or any other felony or any other crime involving moral turpitude shall be conclusive evidence of the commission of such crime. Crimes involving tax evasion or failure to pay taxes shall be considered crimes involving moral turpitude. A fine or sentence based on a conviction of, or a plea of nolo contendere to a charge or indictment by either the federal or state be considered a crime involving moral turpitude.

Rule 681-14-.03 Division Review of Conviction

At its discretion, the Division may review all instances in which an applicant for licensure or a licensee has been convicted of a crime involving violence, moral turpitude, or other felonies or crimes, and may apply any sanction available to the Division under the laws of this State, including, but not limited to, a denial of licensure or a revocation of a current license. All offenses for which the Division may deny or sanction a license shall be divided into five separate categories based upon the gravity of the offense. Each category will have a period of sanction during which time no application for license or reinstatement shall routinely be considered, unless the applicant or licensee shall have received a pardon for the offense. The period of sanction shall commence on the date of conviction.

Rule 681-14-.04 Special Circumstances

During the period of sanction, the Division may grant a license, with or without a sanction, to an applicant or impose a sanction less than revocation, including no sanction, on a current license based on consideration of the nature of the offense, the date of the conviction, the nature of the resolution of the prosecution (e.g. conviction, plea of nolo contendere, or first offender treatment), the date of release from custody or supervision (e.g. confinement, or probation), the age of the offender when the crime was committed, or any other special circumstance. Further, the Division may deny a license or otherwise refuse to reinstate a license after the period of sanction has expired if the offender is guilty of multiple offenses, if he has shown a disregard for the law, if he has not been released from confinement for at least twelve (12) months or if there is any other reason for which the Division, in its discretion, is of the opinion that the offender is not fit or qualified to engage in the used car dealer business.

Rule 681-14-.05 Category "A" Crimes

The period of sanction for category "A" crimes shall be twelve (12) years. Category "A" crimes include the following:

(a) armed robbery;
(b) arson;
(c) child molestation;
(d) kidnapping;
(e) murder;
(f) odometer tampering;
(g) rape;
(h) stolen vehicles.

Rule 681-14-.06 Category "B" Crimes

The period of sanction for category 'B' crimes shall be ten (10) years. Category 'B' crimes include the following:

(a) burglary;
(b) drug possession with the intent to distribute;
(c) manslaughter;
(d) robbery;
(e) vehicular homicide.

Rule 681-14-.07 Category "C" Crimes

The period of sanction for category "C" crimes shall be five (5) years. Category "C" crimes include the following:

(a) aggravated assault;
(b) aggravated battery;
(c) drug possession or use;
(d) entering an automobile illegally;
(e) felony theft by conversion;
(f) felony theft by deception;
(g) felony theft by receiving stolen property;
(h) felony theft by taking;
(i) habitual violation conviction;
(j) possession of break-in tools.

Rule 681-14-.08 Category "D" Crimes

The period of sanction for category "D" crimes shall be three (3) years. Category "D" crimes include all felonies not included in categories "A","B", or "C".

Rule 681-14-.09 Category "E" Crimes

Category "E" crimes include all misdemeanor offenses that are not included in Categories A, B, and C. Generally, category "E" offenses will not affect the status of an application or a current license so long as the applicant or licensee does not have more than three (3) category "E" offenses and properly notified the Division of that fact.

Rule 681-14-.10 Applicants Indicating Criminal Background

Upon receipt of an application for licensure as a Used Motor Vehicle Dealer, and whereupon the applicant has indicated a prior criminal conviction, the Division may approve the application, provided that the applicant lists on said application or on an attachment thereto, ALL criminal convictions. The application and attachments must be accompanied by a signed affidavit, along with a certified copy of the disposition(s) from the appropriate court for each conviction. Failure to report any conviction shall be cause for revocation of a license by the Division or the Board.