Proposed New Regulation: 12-6-502 (11).  Define profit or gain of money or other thing of value.

Basis:  The statutory basis for this regulation is 12-6-502(11), C.R.S. and HB07-1081

Purpose: The purpose of this new regulation is to define profit or gain of money or other thing of value.

Regulation 12-6-502(11) Profit or gain of money or other thing of value means:

Profit may be defined as the difference between the price paid and the market value of the vehicle after deduction of the expenses incurred in the sale thereof.

Gain of money or other thing of value includes but is not limited to any increase or addition to what one has of that which is of profit, advantage or benefit.

A profit or gain does not necessarily mean a direct return; and therefore, a saving of expense which would otherwise be incurred is also a profit or gain to the person benefitted. 

Proposed New Regulation: 12-6-505(1).  Manufacturers doing business in Colorado must be licensed.

Basis:  The statutory basis for this regulation is 12-6-505(1) and 12-6-502(13), C.R.S. and HB07-1081

Purpose:  The purpose of this new regulation is manufacturers doing business in the state of Colorado, irrespective of whether they maintain or have places of business herein, must be licensed as such.

Regulation 12-6-505(1) All manufacturers doing business in the state of Colorado, irrespective of whether they maintain or have places of business herein, must be licensed as such.

The sale of any new and unused powersports vehicles, either directly or indirectly in the state of Colorado shall constitute doing business in the state by the manufacturer and shall subject such manufacturer to the requirements of this article. 

Proposed New Regulation: 12-6-504(1)(j).  Signage.

Basis:  The statutory basis for this regulation is 12-6-504(1)(j), C.R.S. and HB07-1081

Purpose: The purpose of this new regulation is to promulgate rules to set  the size, shape, lettering and location of such signs or devices as required pursuant to Section 12-6-504(1)(j), C.R.S. 

REGULATION 12-6-504(1)(j). Signage. The principal place of business and other locations of the dealer shall display a permanent sign thereon with letters at least six (6) inches in height, clearly visible to the major avenue of traffic, which sign shall clearly designate the name of the business for which the license application is made or under which such business is conducted.  

Proposed New Regulation:  12-6-504(1)(k).  Examination.

Basis:  The statutory basis for this regulation is 12-6-504(1)(k), C.R.S. and HB07-1081

Purpose: The purpose of this new regulation is to define the standards to be used in a written examination for dealers and salespeople.

REGULATION 12-6-504 (1)(k). License examination procedures

1. Applicants may use the information provided by the Auto Industry Division to complete the examination.  

2. Any applicant or licensee who is found to have falsified the examination affidavit or provided answers to an applicant prior to or during the examination may be subject to disciplinary action.

3. If an applicant is not licensed within one year of passing the examination, the score is removed from the record and the examination must be retaken and passed.

4. The examination may be administered by the employing dealer or designated manager of the employing dealer, the Auto Industry Division, or a third party approved by the board.  

5. If an applicant has held a license during the previous twelve months, the applicant shall not be required to retake the examination. 

Proposed New Regulation:  12-6-504(1)(l).  Powersports Vehicle Manufacturer,  Powersports Vehicle Manufacturer Representative, Powersports Vehicle Distributor, New Powersports Vehicle Dealer, Used Powersports Vehicle Dealer, and Powersports Vehicle Salesperson shall sell only All-Terrain Vehicles that comply with the American National Standard for Four-Wheel All-Terrain Vehicles, ANSI/SVIA-1-2007 Standard.

Basis:  The statutory basis for this regulation is 12-6-504(1)(l), C.R.S. and HB07-1081

Purpose:  The purpose of this new regulation is to promulgate rules requiring that all Four-Wheel All-Terrain Vehicles sold in Colorado comply with the ANSI/SVIA 2007 Standard or a successor standard beginning with the 2009 model year.

Regulation 12-6-504(1)(l) (ANSI requirements)  

1.	Beginning with 2009 model year all Four-Wheel All- Terrain Vehicles sold by persons licensed under this part 5, shall meet the American National Standard for Four-Wheel All-Terrain Vehicles, ANSI/SVIA-1-2007 Standard or a successor standard.

2.	This requirement of sale shall apply only to those Four-Wheel All-Terrain Vehicles manufactured as 2009 models and all model years manufactured thereafter.

3.	All Four-Wheel All-Terrain Vehicles manufactured as 2009 models and all models manufactured thereafter shall be equipped with a certification label, placed in a location that allows viewing without removing any part of the ATV.  The wording of such certification label shall comply with the requirements of Section 12, of the ANSI/SVIA-1-2007 Standard. 

Proposed New Regulation: 12-6-504(1)(m)(I).  Disclosure Form.

Basis:  The statutory basis for this regulation is 12-6-504(1)(m)(I), C.R.S. and HB07-1081

 Purpose: The purpose of this new regulation is that the board shall prescribe a form used as part of a powersports vehicle contract.

Proposed New Regulation:  12-6-504(1)(o).  Fines.

Basis:  The statutory basis for this regulation is 12-6-504(1)(o), C.R.S. and HB07-1081

Purpose: The purpose of this new regulation is to recognize aggravating or mitigating factors when imposing a fine.

REGULATION 12-6-504(1)(o). When considering whether to impose a fine and the amount of the fine, or other administrative penalty, the board will consider aggravating and mitigating circumstances, the degree of harm to a powersports vehicle purchaser, severity of offense, and whether there is a pattern of violations or repeat offenses. 

Proposed New Regulation:  12-6-504(1)(b) Powers and duties of the Executive Secretary.

Basis:  The statutory basis for this regulation is 12-6-504(1)(b), C.R.S. and HB07-1081

Purpose: The purpose of this new regulation is to promulgate a rule to assign duties to the executive secretary to perform ministerial acts.

REGULATION 12-6-504(1)(b). Powers and Duties of the Executive Secretary.

In addition to any other duties delegated to the executive secretary of the Motor Vehicle Dealer Board contained in the board’s regulations, the executive secretary is delegated the authority to perform the following ministerial acts:

(I) The board permits its executive secretary to set and maintain the board’s docket, grant motions for continuances and motions for enlargements of time, issue subpoenas, and issue final agency orders pursuant to the board’s action.

(II) Board orders and correspondence may be written, signed and issued by the executive secretary on behalf of the board consistent with the board’s action or direction.  Notices of charges may be signed and issued by the executive secretary after the board has referred the matter for a hearing pursuant to section 12-6-504(1)(f)(V), C.R.S. 

(III) The executive secretary is delegated the authority to conduct informal fact-finding conferences and make recommendations to the board for the granting or denying of an application for a powersports vehicle salesperson license. 

Proposed New Regulation: 12-6-505(1)(g).  Additional information regarding applicant’s fitness.

Basis:  The statutory basis for this regulation is 12-6-505(1)(g), C.R.S. and HB07-1081
 
Purpose: The purpose of this new regulation is to identify additional information concerning the applicant’s fitness to be licensed.

REGULATION 12-6-505 (1)(g).

1. All applications for licenses shall be made upon forms prescribed by the executive director. No application will be considered which is not complete in every material detail, nor which is not accompanied by a remittance in full for the whole amount of the annual license fee.

If the applicant is a partnership, it shall submit with the application a certificate of partnership.

If the applicant is a corporation, it shall submit with the application a copy of its articles of incorporation, and if a foreign corporation, evidence of its qualification to do business within the state. In addition, each corporation applicant shall submit the names and addresses of all persons holding ten percent or more of the outstanding and issued capital stock of said corporation. Any transfer of ten percent or more of the capital stock of any corporation holding a license under the provisions of this article shall be reported to executive director not less than ten days prior to such transfer. All such reports shall be made on forms supplied by the executive director.

Upon request of the executive director, applicants for a license shall provide suitable additional evidence of residence, good character and reputation.  Applicants and licensees shall also submit upon request by the executive director all required information concerning financial and management associations and interests of other persons in the business.

No licensee shall change the name or trade name of the business, the place of business or business address without submitting written notice to the executive director, not less than ten days prior to the change.

All information submitted to the executive director, by application for license or otherwise, shall be given fully, faithfully, truthfully and fairly. The failure of an applicant or licensee to so inform the executive director shall be grounds for the suspension, revocation, or denial of the license.

2.	A change in the nature of the legal structure of a licensee’s business shall be cause for the revocation of the license and shall require a new application and fee. 

Proposed New Regulation: 12-6-505(1)(h).  Terms and conditions as needed by the Executive Director.
 
Basis:  The statutory basis for this regulation is 12-6-505(1)(h), C.R.S. and HB07-1081.

Purpose: The purpose of this new regulation is to define terms and conditions as needed by the executive director.

REGULATION 12-6-505 (1)(h). If it shall appear from an investigation by the executive director and executive director agents and representatives, or shall otherwise come to the attention of the executive director that there is probable cause to believe that a licensee has violated any provision set forth in this article or any rule or regulation promulgated in accordance therewith, executive director shall issue and cause to be served upon such licensee either by certified mail at the last address furnished the executive director by the licensee, or by personal service upon the licensee, a notice of hearing.

A hearing shall be held at a place and time designated by the executive director on the day stated in the notice, or upon such other day as may be set for good cause shown. Evidence in support of the charges shall be given first, followed by cross-examination of those testifying thereto. The licensee, in person or by counsel, shall then be permitted to give evidence in defense and explanation, and shall be allowed to give evidence and statements in mitigation of the charges. In the event the licensee is found to have committed the violation charged, evidence and statements in aggravation of the offense shall also be permitted.

After considering all the evidence and arguments presented at the hearing, the executive director will make a final determination either at the hearing or within a reasonable time thereafter, and send the licensee by certified mail at the last address furnished the executive director by the licensee or by personal service upon the licensee a notice of final determination. In the event the licensee is found not to have violated any law, rule or regulation, the charges against the licensee will be dismissed. If the licensee is found to have violated some law, rule or regulation, a cease and desist order shall be issued by the executive director, and in the proper case the licensee’s license suspended or revoked on such terms and conditions and for such period of time as to the executive director shall appear fair and just. The decision of the executive director shall include a statement of findings and conclusions upon all the material issues of fact, law, or discretion presented by the record and the appropriate rule, order, sanction, relief or denial thereof. Failure to appear for the hearing without good cause shown shall be grounds for automatic suspension or revocation of the license.

Proposed New Regulation: 12-6-508(1)(b) Compensation Disclosures.

Basis:  The statutory basis for this regulation is 12-6-508(1)(b), C.R.S. and HB07-1081.
 
Purpose: The purpose of this new regulation is to define the written disclosure.

REGULATION 12-6-508(1)(b). Compensation Disclosures.

1.	Whenever a used powersports vehicle dealer negotiates the sale, exchange, or lease of a powersports vehicle or used powersports vehicle not owned by the used powersports vehicle dealer, the following form will be deemed adequate to satisfy the disclosure requirements of section 12-6-508 (1)(b), C.R.S., for the used powersports vehicle dealer.  This form is an example of adequate disclosure; nothing herein shall be construed to limit permissible disclosure to the information shown. 

COMPENSATION DISCLOSURES

Pursuant to Colorado law, __________________________ hereby discloses to ______________					  (used powersports dealer)				(consumer)

1. My dealership will receive compensation from the consumer. (Check one)
	___ Yes	___ No

2. My dealership will receive compensation from the owner of the vehicle if a sale, exchange
         or lease is concluded.  (Check one)
	___ Yes	___ No                       _________________________
                                                                          (NAME OF OWNER)

_______________________           __________		________________________________
Used Powersports Vehicle Dealer     Dealer #	            Authorized Dealer Signature 	    Date

I have been provided a copy of the above disclosure prior to completion of such sale,
          exchange or lease of a powersports  vehicle not owned by the licensee.

______________________	___________________________	_________
Signature of Consumer		Printed Name				Date

Proposed New Regulation: 12-6-504(1)(c). Temporary salesperson licensing requirements.

Basis:  The statutory basis for this regulation is 12-6-504(1)(c), C.R.S. and HB07-1081.
 
Purpose: The purpose of this new regulation is to identify temporary salesperson licensing requirements.

REGULATION 12-6-504(1)(c). Temporary salesperson license requirements.
1.  A temporary license shall not issue, and a salesperson shall not be allowed to offer, negotiate or sell vehicles unless a signed application, complete in every respect, bond, fees, and an examination affidavit have been submitted to the board.  Postmark or date/time stamp shall be evidence of submission.  Dealers’ payrolls and other evidence will be checked to ascertain that all salespersons for such dealers are licensed. 

2. All original applicants shall have a criminal history background investigation conducted prior to the issuance of a permanent license.

3. No temporary license shall issue to any person who has been the subject of disciplinary proceedings before the board within the past 5 years, unless such disciplinary proceedings resulted in dismissal of all charges.  Such person’s application shall require prior board review and approval of a license before said person shall be permitted to engage in activities requiring a salesperson license.  

4.  Any salesperson applicant who has been notified by the Auto Industry Division that additional documentation is required by the board before a license can be approved, and who fails to comply by the date specified with the request for information, shall be deemed not to have submitted a complete application and may not engage in activities requiring a powersports vehicle salesperson license until the board has reviewed and approved the application.

5. The executive secretary may issue a notice of denial to any applicant who fails to provide documentation as requested, if the application discloses, on its face, grounds for denial under section 12-6-520, C.R.S.

6. Any person who allows such applicant to engage in activities requiring a powersports  vehicle salesperson license may be subject to disciplinary action for violation of section 12-6-509 C.R.S. 

Proposed New Regulation: 12-6-509(2).  Out-of-state temporary dealer license.

Basis:  The statutory basis for this regulation is 12-6-509(2), C.R.S. and HB07-1081.

Purpose:  The purpose of this new regulation is to identify temporary license requirements for an out of state temporary dealer license.

REGULATION 12-6-509(2).  Applicants for an out-of-state temporary dealer license shall submit completed application, bond, and license fee.  Specifically identified events shall include the Colorado State Fair, National Western Stock Show, and the annual Denver RV, Sports, Boat and Travel Show. Such out-of-state dealer shall provide evidence that the manufacturer has authorized the dealer to do business at such location in Colorado. No more than three out-of-state dealer licenses shall be issued to any one dealer per license year. 

Proposed New Regulation: 12-6-517(5).  Authorized agent in the state of Colorado.

Basis:  The statutory basis for this regulation is 12-6-517(5), C.R.S. and HB07-1081
 
Purpose: The purpose of this new regulation is to define “agreement” as used in 12-6-517 and the appointment for an authorized agent in the state of Colorado.

REGULATION 12-6-517(5).  “Agreement” means contract or franchise or any other terminology used to describe the contractual relationship between manufacturers, distributors and powersports vehicle dealers.

Manufacturers and distributors shall notify the executive director immediately of the appointment of any additional dealers, of any revisions or additions to the typical written agreement on file, or of any supplements to such agreement. Agreements are deemed to be continuing unless the manufacturer or distributor has notified the executive director of the discontinuation or cancellation of the agreement of any of its dealers.

If a manufacturer or distributor does not enter into any formal written agreement with its dealers, written notice to this effect shall be given to the executive director and placed on file.

Proposed New Regulation:  12-6-517(6).  Process of service upon the Secretary of the Board.

Basis:  The statutory basis for this regulation is 12-6-517(6), C.R.S. and HB07-1081

Purpose: The purpose of this new regulation is to define the process of service upon the Secretary of the Board.

REGULATION 12-6-517(6). In any case wherein a licensee or licensees are served with process by service upon the secretary of the board, the secretary shall, no later than two days after the service of said process, mail a copy thereof to each such licensee addressed to the licensee at the last address furnished to the board by the licensee, by certified mail with request for return receipt. A copy shall also be mailed to the surety on the licensee’s bond at the address of the surety given in said bond, by certified mail with request for return receipt. 

Proposed New Regulation: 12-6-519(1).  Define electrical and adequate sanitary facilities.

Basis:  The statutory basis for this regulation is 12-6-519(1), C.R.S. and HB07-1081
 
Purpose: The purpose of this new regulation is to define electrical and adequate sanitary facilities.

REGULATION 12-6-519(1).

1. “Adequate sanitary facilities” means a permanent sewer hookup, cesspool or septic tank with leaching field, or portable chemical toilet.

2.  A dealer’s license shall not be issued to a person located at a principal place of business or other additional locations unless such place of business or additional locations are owned or leased by and actually occupied by the applicant. A powersports vehicle dealer’s license shall be suspended or revoked if the dealer’s principal place of business or other additional locations are not owned or leased by and not actually occupied by the licensee. 

Proposed New Regulation: 12-6-520(3)(a).  Define material misstatement in an application for license.

Basis:  The statutory basis for this regulation is 12-6-520(3)(a), C.R.S. and HB07-1081
 
Purpose: The purpose of this new regulation is to define material misstatement in an application for license.

REGULATION 12-6-520(3)(a). “Material misstatement” means any relevant false or misleading statement, omission, or misrepresentation by the applicant or a partner, officer, director, or shareholder of  any corporation, limited liability company, limited liability partnership or any other business entity authorized under law to hold a license, regarding personal identification information, employment history, personal or business entity financial information, prior occupational licensing history, whether regarding a license issued by the board or any other licensing/regulatory agency, criminal background and history including arrests, criminal information filings, indictments, municipal, misdemeanor, and/or felony convictions, and deferred judgments, civil judgments, assurances of discontinuance, consent order/decree, and/or stipulation arising from the operating of a business in this state or any other state engaged in the sale, lease, or distribution of powersports vehicles. This Regulation does not apply to shareholders of corporations, who own less than five per-cent, that are subject to the reporting requirements of the Securities and Exchange Act of 1934, as amended. 

Proposed New Regulation: 12-6-520(3)(c).  Define written notice to the Board of a conviction.

Basis:  The statutory basis for this regulation is 12-6-520(3)(c), C.R.S. and HB07-1081
 
Purpose: The purpose of this new regulation is to give the board written notice within 30 days of a conviction.

REGULATION 12-6-520 (3)(c). Dealers, officers, directors or stockholders of corporations owning five per-cent or more, licensed as such, who are convicted of or pled nolo contendere or a plea in a deferred judgment and sentence to any felony or any crime pursuant to Article 3, 4, or 5 of Title 18, C.R.S., or like crime pursuant to federal law or the law of any other state, shall provide to the board written notice of such conviction within thirty days after receiving such conviction. The licensee shall provide complete information including copies of such conviction and pre-sentence reports within thirty days of the conviction. 

Proposed New Regulation:  12-6-520(3)(h). A copy of the completed contract to be furnished to the purchaser.

Basis:  The statutory basis for this regulation is 12-6-520(3)(h) CRS and HB 07-1081.

Purpose: The purpose of this new regulation is to define what material particulars are required to be furnished to the buyer.

REGULATION 12-6-520(3)(h). 

A copy of the completed contract form shall be given to the purchaser when signed by both parties. The year and make of the powersports vehicle along with miles or hours of operation (if known) shall be disclosed on the contract.

A powersports dealer shall disclose on the contract form when a powersports vehicle is known by the dealer to have sustained material damage such as complete replacement of the engine, drive train, chassis or when the vehicle was known to be a rental.

Addendum to Powersports vehicle sales contract 

Year of Vehicle		___________________________________

Make				___________________________________

Miles (if applicable)		___________________________________

Hours (if known)		___________________________________

Used as a daily rental	           _______________         ________________
(if known)			       Yes		           No

 Disclosure

The selling dealer certifies that it has/has no knowledge that this powersports vehicle is known to have sustained any material damage such as complete replacement of the engine, drive train or chassis.

________________________                                   ______________________
          Dealer                                                                        Purchaser

Proposed New Regulation: 12-6-520(3)(i). Define misleading or inaccurate advertising.

Basis:  The statutory basis for this regulation is 12-6-520(3)(i), C.R.S. and HB07-1081.

Purpose: The purpose of this new regulation is to define misleading or inaccurate advertising.

REGULATION 12-6-520 (3)(i). 
Advertising shall be construed to be misleading or inaccurate in the following particulars:

Rule 1. Advertising a powersports vehicle which is not in operable condition unless specifically disclosed.

Rule 2. Advertising which would imply the dealer is going out of business when such is not the case.

Rule 3. Advertising a specific powersports vehicle for sale or lease with price or terms quoted, without fully identifying the vehicle as to year, make, model, if known, and dealer stock number. Such vehicle shall be willfully shown and sold at the advertised price and/or terms while such vehicle remains unsold or unleased, for a period of five days following the last date the ad was published, unless the ad states that the advertised price and terms are good only for a specific time and such time has elapsed. If a specific number of powersports vehicles are advertised, such vehicles must have been invoiced to the dealer.

Rule 4. Using a picture or photograph of a powersports vehicle in advertising when the picture or photograph is not the same make, year and equipment actually being offered for the price or terms advertised.

Rule 5. Advertising in such a manner which utilizes an asterisk or other reference symbols to contradict or materially change the meaning of any advertising statements.

Rule 6. Advertising used powersports vehicles to create the impression that they are new or using the word ‘new’ when advertising used powersports  vehicles, such as “new, used powersports vehicles”.  Any powersports vehicle of the current model or the previous model year which is a used powersports vehicle shall be so identified in any advertisement for said powersports vehicle.

Rule 7. Advertising in any manner to imply that a purchaser will be receiving benefits of any existing loan on a powersports vehicle when no such benefit exists.
 
Rule 8. Advertising or making statements that are not true or that cannot or will not be honored. Advertising which creates the false impression that the purchaser will determine the terms, price or conditions of a sale, such as “write your own deal,” “name your own price,” “no reasonable offer refused,” and “we will not be undersold.” Advertising any item as “free” which is associated with or conditioned upon the negotiated sale of a powersports vehicle.
                          
Rule 9. Advertising sales prices for used powersports vehicles which claim or imply a specific savings or discount without clearly and accurately documenting the basis for the savings or discount

Rule 10. Advertising any reference to “dealer cost” or “invoice” price.  Advertising the word “wholesale” in connection with the retail offering of powersports vehicles.

Rule 11. Advertising a specific trade-in amount or range of amounts without, in fact, offering such a trade-in amount and, failing to disclose or advertise the M.S.R.P., sale price, or capitalized cost of the powersports  vehicle from which the trade-in will be deducted. 

Rule 12. Advertising the price of a powersports vehicle without including all costs to the purchaser at the time of delivery, except sales tax, finance charges, cost of any required emissions test, and transportation costs, incurred after sale, to deliver the powersports vehicle to the purchaser at the purchaser’s request. 

Rule 13. Advertising any specific discount or rebate on new powersports vehicles without the manufacturer’s suggested retail price conspicuously stated in the ad. 

Rule 14. Advertising any qualifying statement or disclosure which is not clear, conspicuous, and readable, and which is not adjacent to the offer or terms it qualifies, and in less than eight-point type.  

Rule 15. Advertising any contest that offers to prospective participants the opportunity to receive or compete for gifts or prizes without such advertisement containing the words “no purchase or payment of any kind is necessary to enter or win this contest” in bold-faced type and at least ten-point type. 

Proposed New Regulation:  12-6-520(3)(k).  Define business hours.

Basis:  The statutory basis for this regulation is 12-6-520(3)(k), C.R.S. and HB07-1081.
 
Purpose: The purpose of this new regulation is to define reasonable business hours.

REGULATION 12-6-520(3)(k). All powersports vehicle dealers and all used powersports vehicle dealers must be open for business at least three (3) days per week for a continuous period of time not less than four (4) hours per day between the hours of 8 A.M. and 9 P.M.

Any powersports dealership open less than forty (40) hours a week must post a clear and legible sign on its place of business indicating the days and hours that it is open for business.  In addition such powersports dealerships shall notify the board in writing of any subsequent change in such periods of time.

Any powersports dealership which will not be open for business for a period of at least two (2) weeks must post a clear and legible sign on its place of business indicating this fact as well as notifying the board in writing of such fact.

A powersports dealer’s principal place of business shall be made available to inspection by the board or its agents and employees at any reasonable time even if such time is outside the usual business hours posted by the dealer.  

Proposed New Regulation: 12-6-520(3)(p). Define acceptance/rejection of financing on a purchase.

Basis:  The statutory basis for this regulation is 12-6-520(3)(p), C.R.S. and HB07-1081
 
Purpose: The purpose of this new regulation is to define the acceptance/rejection of financing on a purchase.

REGULATION 12-6-520(3)(p). A powersports dealer shall give notice of rejection of financing to the prospective buyer within ten (10) calendar days from the date of the purchase order or agreement on a finance or consignment sale.

Proposed New Regulation: 12-6-520(4)(a). Define material misstatement in a salesperson application.

Basis:  The statutory basis for this regulation is 12-6-520(4)(a), C.R.S. (HB-07-1081 effective upon Governor’s signature on June 1, 2007.)

Purpose: The purpose of this new regulation is to define material misstatement in a salesperson application.

REGULATION 12-6-520(4)(a). “Material misstatement” in an application for a salesperson license means any relevant false or misleading statement, omission, or misrepresentation regarding personal identification information, employment history, prior occupational licensing history, whether regarding a license issued by the board or any other licensing/regulatory agency, criminal background and history including arrests, criminal information filings, indictments, municipal, misdemeanor, and/or felony convictions, plea of nolo contendere or a plea in a  deferred judgment and sentence.  

Proposed New Regulation: 12-6-520(4)(f). Define the reissue of salesperson licenses. 

Basis:  The statutory basis for this regulation is 12-6-520(4)(f), C.R.S. and HB07-1081.

 Purpose: The purpose of this new regulation is to define requirements needed for the reissue of salesperson licenses.

REGULATION 12-6-520(4)(f). Reissue of powersports salesperson licenses.

1. Salespersons who change employment during their license year shall notify the Auto Industry Division, on the form prescribed by the board, of the identity of the new employer prior to commencing employment at the new dealership.

2. Upon the submission of the notification, acknowledged by the new employing dealer, the salesperson may begin working as a salesperson at the new employing dealership.

3. After receipt of notification, the Auto Industry Division shall issue a new license to the salesperson for the remainder of the license term with the new employing dealership.

4. Any salesperson who fails to provide timely notification may be subject to disciplinary action. 

Proposed New Regulation: 12-6-520(4)(h).  Define written notice to the board of a conviction.

Basis:  The statutory basis for this regulation is 12-6-520(4)(h), C.R.S. and HB07-1081.
 
Purpose: The purpose of this new regulation is to define written notice to the board of a conviction.

REGULATION 12-6-520(4)(h). A powersports salesperson who is convicted of or pled nolo contendere or a plea in a deferred judgment and sentence to any felony or any crime pursuant to article 3, 4, or 5 of title 18, C.R.S., or like crime pursuant to federal law or the law of any other state, must give the board written notice of such conviction within thirty days after such conviction. The licensee shall provide complete information including copies of the conviction and pre-sentence reports within thirty days of the conviction. 

Proposed New Regulation:  12-6-520(5).  Define unfitness of licensing character or record.

Basis:  The statutory basis for this regulation is 12-6-520(5), C.R.S. and HB07-1081.
 
Purpose: The purpose of this new regulation is to define unfitness of licensing character or record.

REGULATION 12-6-520(5).
(a) The board, in determining whether a licensee has demonstrated unfitness of licensing character or record, will consider whether the applicant or any partner, officer, director, or shareholder of  any corporation, limited liability company, limited liability partnership or any other business entity authorized under law to hold a license, has had a license fined, denied, suspended or revoked, the nature and extent of any complaints, and any civil judgments, injunctions, consent orders/decrees, or stipulations, arising from the operation of a business in this state or any other state, engaged in the sale, lease, or distribution of powersports vehicles. This regulation does not apply to shareholders of corporations, who own less than five per-cent that are subject to the reporting requirements of the Securities and Exchange Act of 1934, as amended. 

(b) The board, in determining whether a licensee or applicant has demonstrated unfitness of criminal character or record, will consider the nature and date of the convictions, parole or probation status, including whether the licensee or applicant has maintained satisfactory compliance, and/or restitution. A pattern of convictions which individually may not constitute grounds for denial or disciplinary action, may, taken together constitute unfitness.

(c) The board, in determining whether a licensee or applicant has demonstrated unfitness of financial character or record, will consider net worth, liquid assets including cash, lines of credit, marketable securities, credit reports, unpaid judgments and/or tax liens, delinquent debts, and bankruptcy status.  Applications for a powersports vehicle dealer or used powersports vehicle license will be closely evaluated based on the factors herein and the applicant’s concept of operation for the business to assess the potential for harm to retail customers.

(d) Failure to pay any fine imposed by the board, or the submission of a draft or check for the payment of any fee required by the board which is dishonored, shall be deemed to demonstrate unfitness of financial character or record. 

Proposed New Regulation: 12-6-521(2).  Procedures for the board for its use when conducting hearings.

Basis:  The statutory basis for this regulation is 12-6-521(1), C.R.S. and HB-07-1081.

Purpose: The purpose of this new regulation is to provide procedures for the  Board for its use when it conducts hearings.

REGULATION 12-6-521(2).  Hearing procedures. 
(I) The board president will normally preside at hearings before the full board, or in the president’s absence, such board member as may be designated by a majority of the board members present, may preside and conduct the hearing.
                               
(II) The presiding officer shall rule on all evidentiary and procedural matters during the course of the hearing.  Rulings on motions prior to or after the hearing, and the findings, conclusions, and order shall be determined by a majority of board members present.  In the event a motion is filed requesting relief from a board order, the effects of which will occur prior to the next scheduled meeting of the board, the board president may rule on said motion, and the executive secretary shall issue the written order on behalf of the board. In the absence of the president, the first vice-president or second vice-president respectively may rule on any motion.

(III) An original and 10 copies of all documents intended to be introduced into evidence at hearings before the full board shall be provided for distribution to the board and the opposing party. Respondent’s and applicant’s exhibits shall be marked alphabetically. The Department of Revenue’s exhibits shall be marked numerically.  

(IV) License applicants shall have the burden of proof to demonstrate to the board that they meet all the qualifications for licensure.  If denied a license by the board, applicants shall have the burden of proof to demonstrate that the specific reasons given in the notice of denial should not preclude the issuance of a license.  Salesperson license applicants shall provide written proof that the employing dealer is aware of the grounds giving rise to the initial license denial, and, that said dealer shall be responsible for the actions of the salesperson in the course of employment in the event that a restricted license is approved.

(V) Motions shall be served on the board through its executive secretary with proof of service on the opposing party. Except in the most extraordinary circumstances, motions shall be filed not later than 30 calendar days prior to the hearing.  A response to any motion shall be filed within 5 business days of the filing of the initial motion.  Failure to timely comply may result in the motion being denied.  Motions will be considered by the board at its next opportunity.  The pendency of motions shall not be cause to continue a scheduled hearing.

(VI) Continuances will not be granted unless timely filed and with good cause shown.  Unreasonable delay in securing legal counsel or failing to timely exercise discovery rights may not constitute “good cause” except in the most extraordinary circumstances.