Current through Register Vol. 50, No. 9, September 20, 2024
A. The
following actions by a contractor or applicant or any of the contractor's or
applicant's employees, managers, agents, representatives, officers, directors
or owners may subject the contractor or applicant to suspension, revocation, or
cancellation of the contract by the department or the imposition of
restrictions by the department. Additionally, the department may deny an
application and refuse to issue a contract for any of the following actions by
a contractor or applicant or any of the contractor's or applicant's employees,
managers, agents, representatives, officers, directors or owners:
1. failure to remit taxes and fees collected
from applicants for title transfers;
2. repeated late filings;
3. operating as an auto title company without
a license for each location, with an expired license, or without a valid surety
bond on file with the Office of Motor Vehicles;
4.
a. the
issuance of more than one temporary registration (T-marker) to a title
applicant; or
b. the issuing of a
T-marker without first collecting all taxes and fees and requiring the title
applicant to show proof of compliance with the compulsory insurance
law;
5. operating from
an unlicensed location;
6. changing
the ownership of the auto title company and not reporting, in writing, to the
Office of Motor Vehicles within 30 days from the date of such change;
7. changing the officers or directors of the
auto title company and not reporting, in writing, to the Office of Motor
Vehicles within 30 days from the date of such change;
8. being a principal or accessory to the
alteration of documents relevant to a registration or titling transaction that
results in material injury to the public records or a shortfall in the
collection of taxes owed;
9. the
forwarding to the Office of Motor Vehicles by an auto title company of a
document relevant to a registration or titling transaction that results in a
material injury to the public records, or a shortfall in the collection of
taxes owed when the auto title company had knowledge of facts causing such
injury or shortfall, and failed to disclose the same to the Office of Motor
Vehicles;
10. conviction of, or an
entry plea of guilty or nolo contendere to any felony; or conviction of, or an
entry plea of guilty or nolo contendere to any criminal charge, an element of
which is fraud;
11. fraud, deceit,
or perjury in obtaining any license issued under this Chapter;
12. failure to maintain, at all times during
the existence of the license, all qualifications required for issuance or
renewal of a license;
13. any
material misstatement of fact, or omission of fact, in any application for the
issuance or renewal of a license for an auto title company;
14. the repeated submission of checks which
have been dishonored by the bank on which the check was drawn;
15. failure to provide requested documents in
a manner set forth in §1515
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
32:735(B).
