Current through Register Vol. 50, No. 3, March 20, 2024
A. The following actions by a public tag
agent, or by any of the public tag agent's employees, officers, directors,
managers, representatives, or owners, may subject the public tag agent to
suspension, revocation, or cancellation of the public tag agent's authority by
the department. In the alternative, the department may impose restriction on
the public tag agent's authority as a result of any of the following actions by
the public tag agent or applicant, or by any of the public tag agent's
employees, officers, directors, managers, representatives, or owners. The
department may also deny an application and refuse to grant the applicant
authority to act as a public tag agent as a result of any of the following
actions by the applicant, or by any of the applicant's employees, officers,
directors, managers, representatives, 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 or
public tag agent without a license or authorization for each location, with an
expired license or authorization, 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 issuance 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 or
unauthorized location;
6. changing
the ownership of the public tag agent 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
public tag agent 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 short fall in the
collection of taxes owed;
9. the
forwarding to the Office of Motor Vehicles by a public tag agent of a document
relevant to a registration or titling transaction that results in a material
injury to the public records, or a short fall in the collection of taxes owed
when the public tag agent 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 authorization, all qualifications required for issuance or
renewal of the authorization;
13.
any material misstatement of fact or omission of fact in any application for
the issuance or renewal of an authorization for a public tag agent;
14. the repeated submission of checks which
have been dishonored by the bank on which the check was drawn.
15. Allow unauthorized persons access to
restricted information or areas without successfully passing a background
check
16. Any item identified in
the application section
17. poor
performance on multiple audits of work performed by the public tag
agent.
B. The department
may revoke, suspend, or cancel any approval, license or permit of any employee,
officer, director, manager, representative, or owner of a public tag agent who
violates any provision of Subsection A of
§1561 Any
person subject to an order as provided in this Paragraph shall not work for, or
be associated with, the public tag agent in any manner unless approved by the
department in writing.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
47:532.1.
