Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Grounds for suspension.
Suspension is the short-term withdrawal of a dealer license
under Minnesota Statutes, section
168.27,
subdivision 12. The registrar shall suspend a dealer license when there is
sufficient cause to believe that the dealer has been convicted of a crime, has
committed an act, or has failed to perform a duty as follows:
A. The dealer willfully violates a provision
of Minnesota Statutes, chapter 168, or this chapter that is not specifically
set out in parts
7400.1600,
7400.1800, and
7400.1900.
B. The dealer willfully violates or refuses
to comply with a lawful request or order of the registrar.
C. The dealer is convicted of a gross
misdemeanor related to the business of buying or selling motor vehicles or
motor vehicle parts. If the gross misdemeanor conviction is from another
jurisdiction, the registrar may not revoke unless the action or omission of the
dealer would constitute a gross misdemeanor under Minnesota Statutes.
Subp. 2.
Description of
willfully.
For purposes of this part, the term "willfully":
A. describes an intentional act or omission
by a dealer when the dealer knows or should reasonably know that the act or
omission violates a law, rule, request, or order and the dealer is able to
comply with the law, rule, request, or order; and
B. also describes an act or omission by a
dealer, whether intentional or unintentional, when:
(1) the dealer uses a business practice that
makes it likely that the act or omission will occur;
(2) the registrar has given written notice to
the dealer within the past three years that the dealer license may be suspended
or revoked if the business practice is not corrected;
(3) the dealer has failed to correct the
business practice within a reasonable time after receiving the notice;
and
(4) the dealer's failure to
correct the business practice is a significant factor in causing the act or
omission.
Subp.
3.
Suspension period and effect.
A dealer license is not valid during a suspension. When a
dealer license is suspended, the dealer shall immediately surrender the dealer
license certificate, all dealer license plates, and all temporary vehicle
permits. After a suspension period ends, the registrar shall return the dealer
license certificate, dealer license plates, and temporary vehicle permits. A
suspension period ends after the last day of the period regardless of whether
this day falls on a Saturday or legal holiday. The suspension period is as
follows:
A. The suspension period is
seven days, if there are no suspensions under subpart
1 on the dealer's record
within the past five years. The suspension period may be shortened if
mitigating circumstances indicate that a shorter suspension period is
appropriate. The suspension period must be at least three days.
B. The suspension period is 14 days, if there
is one suspension under subpart
1 on the dealer's record
within the past five years. The suspension period may be shortened if
mitigating circumstances indicate that a shorter suspension period is
appropriate. The suspension period must be at least seven days.
C. The suspension period is 28 days, if there
are two suspensions under subpart
1 on the dealer's record
within the past five years. The suspension period may be shortened if
mitigating circumstances indicate that a shorter suspension period is
appropriate. The suspension period must be at least 14 days.
D. When a suspension period is shortened
based on mitigating circumstances, the registrar shall in writing identify the
mitigating circumstances and give the reason for shortening the suspension
period.
E. The suspension of a
dealer license is on the record of the suspended dealer. The suspension of a
dealer license is also on the record of another dealer if an owner, officer, or
board member of the other dealer was an owner, officer, or board member of the
suspended dealer at the time of the acts leading to the suspension.
F. When a suspension is imposed for a
continuing violation, the suspension must last until the suspension period
determined under items A to E expires or until the violation is corrected,
whichever is later.
Statutory Authority: MS s
299A.01
