Indiana Code 9-32-11-2. License application; affidavits; bonds; fees
(1) be accompanied by payment of the applicable fee required under this section;
Terms Used In Indiana Code 9-32-11-2
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) contain the information the secretary considers necessary to enable the secretary to determine fully:
(A) the qualifications and eligibility of the applicant to receive the license; and
(B) the ability of the applicant to conduct properly the business for which the application is submitted;
(4) contain evidence of a bond required in subsection (e);
(5) contain evidence of liability coverage required by section 14 of this chapter;
(6) contain the federal tax identification number issued to the dealer; and
(7) contain the registered retail merchant’s certificate issued to the dealer under IC 6-2.5-8.
(b) An application for a license as a dealer must show whether the applicant proposes to sell new or used motor vehicles, or both.
(c) An applicant who proposes to use the Internet or another computer network to facilitate the sale of motor vehicles shall maintain all records at the established place of business in Indiana.
(d) Except as provided in subsection (e), the application must include an affidavit from:
(1) the person charged with enforcing a zoning ordinance, if one exists; or
(2) the zoning enforcement officer under IC 36-7-4;
who has jurisdiction over the real property where the applicant wants to operate as a dealer. The affidavit must state that the proposed location is zoned for the operation of a dealer’s establishment.
(e) If there is no person or officer under subsection (d)(1) or (d)(2), the application must be accompanied by a statement to that effect from the executive (as defined in IC 36-1-2-5) of the unit in which the real property is located.
(f) The applicant may file the zoning affidavit under subsection (d) or statement under subsection (e) with the application at any time after the filing of the application. However, the secretary may not issue a license until the applicant files the affidavit or the statement.
(g) The zoning affidavit under subsection (d) or statement under subsection (e) may not be signed by a person described in subsection (d)(1) or (d)(2) or the executive of the unit more than ninety (90) days before the affidavit or statement is submitted to the secretary as part of an application for a license under this article.
(h) A licensee shall maintain a bond satisfactory to the secretary in the amount of twenty-five thousand dollars ($25,000). The bond must:
(1) be in favor of the state;
(2) secure payment of fines, penalties, costs, and fees assessed by the secretary after:
(A) notice;
(B) opportunity for a hearing; and
(C) opportunity for judicial review; and
(3) secure the payment of damages to a person aggrieved by a violation of this article by the licensee after a judgment has been issued.
(i) Service under this chapter shall be made in accordance with the Indiana Rules of Trial Procedure.
(j) The fee for a license for a manufacturer or a distributor is thirty-five dollars ($35).
(k) The fee for a license for a used motor vehicle dealer, new motor vehicle dealer, or automobile auction company is thirty dollars ($30).
(l) The fee for a transfer dealer or a converter manufacturer is twenty dollars ($20).
(m) The fees collected under this section are nonrefundable and shall be deposited as set forth in IC 9-32-7-3.
(n) An application for a used motor vehicle dealer license must include a certificate of completion of the training course described in IC 9-32-16-1.3, issued by the Independent Automobile Dealers Association domiciled in Indiana.
As added by P.L.92-2013, SEC.78. Amended by P.L.62-2014, SEC.28; P.L.151-2015, SEC.65; P.L.174-2016, SEC.83; P.L.179-2017, SEC.80; P.L.284-2019, SEC.30; P.L.120-2020, SEC.59; P.L.20-2022, SEC.11; P.L.116-2024, SEC.2.