Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: Section
301.560,
RSMo, requires applicants who apply for a used motor vehicle dealer license to
complete a department-approved educational seminar course before their
applications for license are approved. This rule clarifies what constitutes an
"approved educational seminar" for licensing purposes and the requirements for
seminar providers.
(1) An
initial application for a used motor vehicle dealer's license must be
accompanied by proof that the applicant has completed an educational seminar
course approved by the department within the last twelve (12) months.
(2) A seminar provider must be a recognized
business or school with a lawful presence in the state of Missouri and with
demonstrable experience in providing professional education, including consumer
protection laws, to used motor vehicle dealers. Tangible evidence must be
provided that these requirements are met. The provider must submit an
application form provided by the director to be certified by the
department.
(3) The Dealer
Educational Seminar Certificate issued by the department is valid for one (1)
year as noted on the certificate.
(4) A seminar provider must have-
(A) A minimum of two (2) instructors meeting
departmental requirements with the knowledge and capability to conduct the
required seminar curriculum. A list of certified instructors must be provided
to the director;
(B) Staff capable
of providing information about the seminars and registering prospective
attendees;
(C) An available
telephone number, fax line, and Internet access available during normal working
hours (Monday through Friday) to enable potential attendees to inquire about
and register for seminars;
(D) A
minimum of one (1) scheduled seminar per month, which must be posted on the
provider's website at least thirty (30) days in advance. The seminar schedule
and locations must be publicized by the provider with registration information
and necessary forms obtainable through the provider's website.
1. If a scheduled seminar has no registered
attendees and the provider opts to cancel, notification must be posted clearly
on the provider's website at least forty-eight (48) hours prior to the
seminar's scheduled start time.
2.
If advanced cancellation notice is not posted as indicated above, a certified
instructor must be at the seminar's scheduled location at the scheduled
time;
(E) Capability to
issue each attendee a certificate of completion at the end of each seminar;
and
(F) An accurate and current
electronic database of seminar attendees, maintained by the provider for a
minimum of one (1) year. The provider must confirm all seminar attendees'
identity through display of a non-expired federal or state-issued photo
identification card, with the capability to electronically transmit attendee
information to the department as required. These records must be available on
demand and are subject to audit by the director without prior notice.
(5) Dealer educational seminar
curriculum must be presented in a room in a non-residential building that is
dedicated solely to the seminar for the duration of the seminar and compliant
with the Americans with Disabilities Act of 1990, 42 U.S.C. section 12101 et
seq., as amended. The curriculum must include a minimum of four (4) hours of
instruction and provide detailed training regarding compliance with-
(A) Sections
301.550
to
301.573,
RSMo, and all rules promulgated by the department to implement, enforce, and
administer these statutes;
(B)
Federal Trade Commission's Used Car Rule;
(C) Federal Privacy Protection requirements
under the Gramm-Leach-Bliley Act;
(D) Truth-in-Lending requirements;
(E) Equal Credit Opportunity Act;
(F) The United States of America Patriot
Act;
(G) Federal and state laws and
regulations regarding deceptive and unfair trade practices;
(H) Uniform Commercial Code
regulations;
(I) U. S. Treasury
Department rules and cash reporting requirements; and
(J) Any other federal or state laws
regulating the business of selling and financing motor vehicles.
(6) A seminar provider must
certify to the director and, upon request, provide evidence to establish that
its instructors have, at a minimum, the experience outlined in one (1) of the
following minimum qualification requirements-
(A) Two (2) years of experience in the motor
vehicle dealer industry with expertise in the areas specified in section (5) of
this rule;
(B) One (1) year in an
appropriate position with a professional organization associated with the
automobile dealer business (e.g., Missouri Automobile Dealers Association, Inc.
instructor or Missouri Independent Automobile Dealers Association policy
writer); or
(C) One (1) year of
experience as an investigator dealing with state and federal motor vehicle
dealer compliance laws.
(7) Seminar providers must ensure that their
seminar instructors-
(A) Utilize training
materials when conducting the seminar;
(B) Incorporate course curriculum into
reference/resource manuals to be distributed to attendees and provide periodic
updates to ensure current and accurate information applicable to dealer's
operations;
(C) Provide instruction
using computerized slide presentations and provide worksheets/handouts to each
attendee, including compliant sample forms required by state and federal law;
and
(D) Make available to the
director, upon request, copies of all training materials (manuals, handouts,
presentations, etc.) for review.
(8) The director may revoke or refuse to
issue or renew a certification of a provider for conducting a seminar not in
compliance with this rule, for failing to hold a scheduled seminar, or for any
one (1) or any combination of the following causes-
(A) The applicant or seminar provider or its
seminar instructor was previously the holder of a license issued under sections
301.550
to
301.573,
RSMo, which license was revoked for cause and never reissued by the department,
or which license was suspended for cause and the terms of suspension have not
been fulfilled;
(B) The applicant
or seminar provider or its seminar instructor was previously a partner,
stockholder, director, or officer controlling or managing a partnership or
corporation whose license issued under sections
301.550
to
301.573,
RSMo, was revoked for cause and never reissued or was suspended for cause and
the terms of suspension have not been fulfilled;
(C) The applicant or seminar provider or its
seminar instructor has, within ten (10) years prior to the date of the
application, been finally adjudicated and found guilty, or entered a plea of
guilty or nolo contendere, in a prosecution under the laws of
any state or of the United States for any offense reasonably related to the
qualifications, functions, or duties of any business licensed under sections
301.550
to
301.573,
RSMo; for any offense, an essential element of which is fraud, dishonesty, or
an act of violence; or for any offense involving moral turpitude, whether or
not sentence is imposed;
(D) Use of
fraud, deception, misrepresentation, or bribery by the applicant or seminar
provider or its seminar instructor in securing any certificate issued pursuant
to section 301.560.9, RSMo;
(E) The
applicant's or seminar provider's or its seminar instructor's obtaining or
attempting to obtain any money, commission, fee, barter, exchange, or other
compensation by fraud, deception, or misrepresentation;
(F) The applicant's or seminar provider's or
its seminar instructor's violation of, or assisting or enabling any person to
violate any provisions of Chapters 301, 306, 307, 407, 578, and 643, RSMo, or
of any lawful rule or regulation adopted pursuant to Chapters 301, 306, 307,
407, 578, and 643, RSMo;
(G) The
applicant or seminar provider or its seminar instructor has filed an
application for certification which, as of its effective date, was incomplete
in any material respect or contained any statement which was, in light of the
circumstances under which it was made, false or misleading with respect to any
material fact;
(H) The applicant or
seminar provider or its seminar instructor has failed to pay the proper
application or license fee or other fees required pursuant to Chapter 301 or
306, RSMo, or fails to establish or maintain a bona fide place of business as
required by law;
(I) The applicant
or seminar provider or its seminar instructor is finally adjudged insane or
incompetent by a court of competent jurisdiction;
(J) The applicant's or seminar provider's or
its seminar instructor's use of any advertisement or solicitation which is
false; or
(K) The applicant's or
seminar provider's or its seminar instructor's violations of sections
407.511 to
407.556,
RSMo, or section
578.120,
RSMo, which resulted in a conviction or finding of guilt or violation of any
federal motor vehicle laws which result in a conviction or finding of
guilt.
(9) The decision
to revoke or refuse to issue or renew a certification of a provider is the
final decision of the director.
(10) Seminar providers must apply to the
department for recertification by September 1 of each year.
(11) Failure to hold scheduled or rescheduled
seminars or maintain acceptable standards of training or providing false
information to the director will result in the provider's certification
becoming invalid upon notice by the director.
*Original authority: 301.553, RSMo 1988, amended 1989,
1993, 1995, 1997 and 301.560-301.573, see Missouri Revised
Statutes.
