CHAPTER 4. LICENSING OF VEHICLE SALVAGING
IC 9-22-4
Chapter 4. Licensing of Vehicle Salvaging
IC 9-22-4-1
Necessity of license
Sec. 1. A disposal facility, a used parts dealer, or an automotivesalvage rebuilder must be licensed by the secretary of state under thischapter before the facility, dealer, or rebuilder may do any of thefollowing:
(1) Sell a used major component part of a vehicle.
(2) Wreck or dismantle a vehicle for resale of the majorcomponent parts of the vehicle.
(3) Rebuild a wrecked or dismantled vehicle.
(4) Possess more than two (2) inoperable vehicles subject toregistration for more than thirty (30) days.
(5) Engage in the business of storing, disposing, salvaging, orrecycling of vehicles, vehicle hulks, or the parts of vehicles.
As added by P.L.2-1991, SEC.10. Amended by P.L.106-2008,SEC.18.
IC 9-22-4-2
Application for license; filing; fee
Sec. 2. To apply for a license under this chapter, a disposalfacility, a used parts dealer, or an automotive salvage rebuilder mustdo the following:
(1) File a completed application, which must be verified by thesecretary of state.
(2) Submit with the application the licensing fee underIC 9-29-7 to the secretary of state.
As added by P.L.2-1991, SEC.10. Amended by P.L.106-2008,SEC.19.
IC 9-22-4-3
Application form
Sec. 3. The secretary of state shall prescribe an application formto be used by persons applying for a license under this chapter. Theapplication must include the following information:
(1) The applicant's name.
(2) The applicant's type of business organization and thefollowing as appropriate:
(A) If the applicant is a corporation, the name and address ofeach officer and director of the corporation.
(B) If the applicant is a sole proprietorship, the name andaddress of the sole proprietor.
(C) If the applicant is a partnership, the name and address ofeach partner.
(D) If the applicant is an unincorporated association orsimilar form of business organization, the name and addressof each member, trustee, or manager.
(3) The applicant's principal place of business. (4) All places other than the applicant's principal place ofbusiness at which the applicant proposes to conduct any of theactivities set out in section 1 of this chapter.
(5) The types of activities set out in section 1 of this chapterthat the applicant proposes to conduct.
As added by P.L.2-1991, SEC.10. Amended by P.L.106-2008,SEC.20.
IC 9-22-4-4
Duration of license; renewal
Sec. 4. Each license, except an initial license, shall be issued fora twelve (12) month period beginning March 1 and expiring the lastday of February of each year. An initial license may be issued for aperiod of less than twelve (12) months, but the license must expireon the last day of February immediately following the date thelicense is issued.
As added by P.L.2-1991, SEC.10.
IC 9-22-4-5
Review and approval of applications
Sec. 5. Within a reasonable time, the secretary of state shall do thefollowing:
(1) Review all applications submitted under this chapter.
(2) Approve all applications submitted unless any of thefollowing apply:
(A) The application does not conform with this chapter.
(B) The applicant has made a material misrepresentation onthe application.
(C) The applicant has been guilty of a fraudulent act inconnection with one (1) of the activities specified in section1 of this chapter.
As added by P.L.2-1991, SEC.10. Amended by P.L.106-2008,SEC.21.
IC 9-22-4-6
Denial of license; right to hearing
Sec. 6. A person denied a license under section 5 of this chapteris entitled to a hearing under section 10 of this chapter.
As added by P.L.2-1991, SEC.10. Amended by P.L.106-2008,SEC.22.
IC 9-22-4-7
Approval of application; grant of original and supplementallicenses
Sec. 7. If the secretary of state approves an application under thischapter, the secretary of state shall grant the applicant the following:
(1) An original license for the applicant's principal place ofbusiness.
(2) A supplemental license for each other place of businesslisted on the application.As added by P.L.2-1991, SEC.10. Amended by P.L.106-2008,SEC.23.
IC 9-22-4-8
Licenses; form and information
Sec. 8. The secretary of state shall prescribe the form of thelicenses granted under section 7 of this chapter. A license grantedunder section 7 of this chapter must include the followinginformation:
(1) The licensee's name.
(2) The licensee's type of business organization and thefollowing as appropriate:
(A) If a corporation, the name and address of each officer.
(B) If a sole proprietorship, the name and address of theproprietor.
(C) If a partnership, the name and address of each managingpartner.
(D) If an unincorporated association or similar form ofbusiness organization, the name and address of the manageror other chief administrative official.
(3) The licensee's principal place of business.
(4) The place of business to which each supplemental licenseapplies.
(5) A listing of the types of business activities specified insection 1 of this chapter that the licensee may conduct.
(6) The date the license expires.
As added by P.L.2-1991, SEC.10. Amended by P.L.106-2008,SEC.24.
IC 9-22-4-9
Posting licenses
Sec. 9. The licensee shall post each license granted under thischapter in a conspicuous place at each place of business.
As added by P.L.2-1991, SEC.10.
IC 9-22-4-10
Revocation or suspension of licenses; investigations; orders;remedies
Sec. 10. (a) The secretary of state may investigate a violation ofthis chapter, including a violation of a rule adopted under section 12of this chapter. In conducting an investigation under this subsection,the secretary of state may do the following:
(1) Administer oaths and affirmations.
(2) Subpoena witnesses and compel attendance.
(3) Take evidence.
(4) Require the production of documents or records that thesecretary of state determines are material to the investigation.
Upon a motion by the secretary of state, the court may order a personthat fails to obey a subpoena issued under subdivision (2) to obey thesubpoena. (b) A person may not be excused from:
(1) obeying a subpoena issued by;
(2) attending a proceeding and testifying as ordered by; or
(3) otherwise producing evidence as ordered by;
the secretary of state on grounds that the person's testimony orevidence may tend to incriminate the person or subject the person toa penalty or forfeiture. However, a person that asserts the privilegeagainst self-incrimination may not be prosecuted or subjected to apenalty or forfeiture for any matter concerning the person's testimonyor evidence.
(c) Following an investigation under subsection (a), the secretaryof state may, without a hearing, issue orders and notices that thesecretary of state determines to be in the public interest. Thesecretary of state may issue an order under this subsectionsuspending or revoking the license of a disposal facility, used partsdealer, or automotive salvage rebuilder only if the secretary of statedetermines that any of the following conditions exist:
(1) The licensee made a material misrepresentation on thelicense application.
(2) The licensee committed a fraudulent act in connection withone (1) of the activities specified in section 1 of this chapter.
(3) The licensee committed a material violation of therecordkeeping requirements of IC 9-22-3-19.
(4) The licensee has violated any other provision of this chapteror the rules adopted under this chapter by the bureau.
(5) The licensee has committed a violation of a statuteconcerning theft, arson, mischief, forgery, deception, or fraud,or the motor vehicle titling laws.
(6) The licensee has had a license issued under IC 9-23 revokedor suspended.
(d) Upon the entry of an order under subsection (c), the secretaryof state shall promptly notify all interested parties of the following:
(1) The date of issuance.
(2) The reasons for issuance.
(3) That, upon written request, the matter will be set for hearingwithin fifteen (15) business days after receipt of the request.
(e) An order issued under subsection (c) remains in effect until thesecretary of state:
(1) modifies or vacates the order; or
(2) conducts a hearing and issues a final determination.
(f) If the secretary of state conducts a hearing under this section,the secretary of state may depose any witness.
(g) In addition to all other remedies, the secretary of state mayseek the following remedies against a person that violates, attemptsto violate, or assists in a violation of or an attempt to violate thischapter:
(1) An injunction.
(2) Appointment of a receiver or conservator.
(3) A civil penalty not to exceed five thousand dollars ($5,000)per violation. (4) An action to enforce a civil penalty assessed undersubdivision (3).
(h) In a court proceeding initiated under this section in whichjudgment is awarded to the secretary of state, the secretary of stateis entitled to recover the costs and expenses of investigation, and thecourt shall include the costs in its final judgment.
As added by P.L.2-1991, SEC.10. Amended by P.L.106-2008,SEC.25.
IC 9-22-4-11
Local zoning body complaints; delaying issuance or renewal oflicense
Sec. 11. If the secretary of state receives a written complaint froma local zoning body that a disposal facility or automotive salvagerebuilder subject to this chapter is operating in violation of a localzoning ordinance, the secretary of state shall delay the issuance orrenewal of the facility's or rebuilder's license until the local zoningcomplaints have been satisfied.
As added by P.L.2-1991, SEC.10. Amended by P.L.106-2008,SEC.26.
IC 9-22-4-12
Rules
Sec. 12. The secretary of state may adopt rules under IC 4-22-2 tocarry out this chapter.
As added by P.L.2-1991, SEC.10. Amended by P.L.106-2008,SEC.27.
IC 9-22-4-13
Unlicensed vehicle salvaging; classification of violation
Sec. 13. A person who violates section 1 of this chapter commitsa Class C infraction.
As added by P.L.2-1991, SEC.10.
IC 9-22-4-14
Appeals
Sec. 14. (a) An appeal may be taken from a final order of thesecretary of state under this chapter as follows:
(1) By an applicant for a license under this chapter, from a finalorder of the secretary of state concerning the application.
(2) By a licensee, from a final order of the secretary of stateaffecting the licensee's license under this chapter.
(3) By a person against whom a civil penalty is assessed undersection 10(g)(3) of this chapter, from the final order of thesecretary of state assessing the civil penalty.
(4) By a person named as a respondent in an investigation or aproceeding under section 10 of this chapter, from a final orderof the secretary of state entered under section 10 of this chapter.An appeal under this subdivision may be taken in:
(A) the Marion County circuit court; or (B) the circuit or superior court of the county in which theappellant resides or maintains a place of business.
(b) A person who seeks to appeal a final order of the secretary ofstate under this section must serve the secretary of state with thefollowing not more than twenty (20) days after the entry of the order:
(1) A written notice of the appeal stating:
(A) the court in which the appeal will be taken; and
(B) the grounds on which a reversal of the final order issought.
(2) A written demand from the appellant for:
(A) a certified transcript of the record; and
(B) all papers on file in the secretary of state's office;
concerning the order from which the appeal is being taken.
(3) A bond in the penal sum of five hundred dollars ($500)payable to the state with sufficient surety to be approved by thesecretary of state, conditioned upon:
(A) the faithful prosecution of the appeal to final judgment;and
(B) the payment of all costs that are adjudged against theappellant.
(c) Not later than ten (10) days after the secretary of state isserved with the items described in subsection (b), the secretary ofstate shall make, certify, and deliver to the appellant the transcriptdescribed in subsection (b)(2)(A). Not later than five (5) days afterthe appellant receives the transcript under this subsection, theappellant shall file the transcript and a copy of the notice of appealwith the clerk of the court. The notice of appeal serves as theappellant's complaint. The secretary of state may appear before thecourt, file any motion or pleading in the matter, and form the issue.The cause shall be entered on the court's calendar to be heard denovo and shall be given precedence over all matters pending in thecourt.
(d) The court shall receive and consider any pertinent oral orwritten evidence concerning the order of the secretary of state fromwhich the appeal is taken. If the order of the secretary of state isreversed, the court shall in its mandate specifically direct thesecretary of state as to the secretary of state's further action in thematter. The secretary of state is not barred from revoking or alteringthe order for any proper cause that accrues or is discovered after theorder is entered. If the order is affirmed, the appellant may, afterthirty (30) days from the date the order is affirmed, file a newapplication for a license under this chapter if the application is nototherwise barred or limited. During the pendency of the appeal, theorder from which the appeal is taken is not suspended but remains ineffect unless otherwise ordered by the court. An appeal may be takenfrom the judgment of the court on the same terms and conditions asan appeal is taken in civil actions.
(e) IC 4-21.5 does not apply to a proceeding under this chapter.
As added by P.L.106-2008, SEC.28.