Louisiana Revised Statutes 32:785 – Procedures for denial, suspension, or revocation of license; notice; hearings; appeals; abandonment of business
Terms Used In Louisiana Revised Statutes 32:785
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commission: means the Louisiana Used Motor Vehicle Commission or its designee. See Louisiana Revised Statutes 32:781
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Motor vehicle: means any motor-driven vehicle required to be registered that was used, is used, or is designed to be used for the transporting of passengers or goods for public, private, commercial, or for-hire purposes. See Louisiana Revised Statutes 32:781
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Subpoena: A command to a witness to appear and give testimony.
A.(1) The executive director shall notify in writing each applicant for licensure of the action taken by the commission on the application.
(2) Any applicant who has been denied a license shall be notified of the grounds for denial as set forth in La. Rev. Stat. 32:792(A).
(3) Within thirty days from receipt of the denial, an applicant whose application has been denied may request in writing a review of the denial by the commission.
(4) The commission shall hear all denials with reasonable promptness upon reasonable notice to the applicant.
(5) Any applicant who requests a review of the denial of his application shall provide either written or oral support for his application. Without such support, the request for review shall be denied.
(6) Following the review, the commission shall either affirm or reverse the denial.
(7) The commission’s decision to affirm the denial shall be final when rendered. The applicant may appeal the decision as provided in Subsection C of this Section.
B.(1) Any licensee charged with violating the provisions of this Chapter shall be entitled to a hearing on the alleged violation.
(2)(a) The commission shall serve the licensee with written notice of the hearing at least twenty calendar days prior to conducting the hearing on the alleged violation.
(b) The commission shall serve the notice of the hearing on the licensee by certified or registered mail to the address for the licensee as provided on the licensee’s application, by personal physical service on the licensee, or if a dealer, by service on any one of its employees or by posting notice at the entrance of the licensed premises where the alleged violation occurred.
(c) The notice shall contain the time and place of the hearing, the alleged violations, the facts in support of the alleged violations, the possible penalty, and the licensee’s rights at the hearing.
(d) A copy of the notice shall be mailed by certified or registered mail to the surety on the licensee’s bond at the address of the surety as written on the bond.
(e) If the licensee is a salesperson, a copy of the notice shall be mailed by certified or registered mail to the licensed dealer.
(f) If the issues alleging a possible violation were first presented to the commission by a complaint filed with the commission, a copy of the notice shall be mailed to the complainant by United States mail.
(3) Any party to a hearing shall have the right to compel the attendance of witnesses by requesting the issuance of subpoenas. The commission shall issue any subpoena requested in writing no later than ten days prior to the hearing. The party requesting a subpoena be issued shall pay all witness fees in accordance with La. Rev. Stat. 13:3661, as well as the estimated cost to be incurred in the delivery of the subpoenas. The commission may compel the attendance of its own witnesses by the issuance of subpoenas.
(4) The commission shall consider any pleading filed by the licensee no later than five days prior to the hearing.
(5) The commission shall determine whether the licensee has violated any of the provisions of this Chapter, any statutes related to the registration of motor vehicles, including the use of temporary license plates and the collection of sales and use tax, and any rules and regulations promulgated by the commission.
(6)(a) The commission may impose sanctions including the imposition of restrictions on any license, the revocation or suspension of any license, the imposition of civil fines, the imposition of restitution or injunction, the assessment of all costs of the hearing including commission attorney fees, witness fees and travel expenses and per diem of commissioners, and the requirement that the licensee attend a four-hour educational seminar within three months of the hearing decision. The commission may also enter into stipulations.
(b) The commission findings and orders shall be reduced to writing and served on the licensee in any manner consistent with the service provided for in Subparagraph (B)(2)(b) of this Section.
(c) The commission decisions revoking or suspending a license or enjoining a licensee shall be final and enforceable when rendered.
(d) The commission decisions imposing a civil penalty shall become payable thirty days from the date the order is served on the licensee.
C.(1) Appeals of any decision denying a license or revoking or suspending a license shall not constitute a stay of the decision of the commission.
(2) Appeals of any decision of the commission shall be heard in accordance with the Administrative Procedure Act.
D.(1) When the licensed premises of a used motor vehicle dealer are abandoned, the license of the dealer and any salespersons shall be revoked without a hearing if a request or application for a hearing on the revocation is not made within five business days following the posting of a notice on the front door of the business that the license will be revoked for abandonment.
(2) Licensed premises shall be considered abandoned if any one of the following exists:
(a) There are no salespersons or dealer on the premises during the posted business hours for a period of more than one week without notice to the commission.
(b) The business telephone, as provided on the dealer’s license application, is disconnected or no longer in service.
(c) The business sign has been removed.
Acts 2006, No. 440, §1; Acts 2009, No. 403, §1, eff. July 7, 2009; Acts 2013, No. 204, §1.