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 automotive
salvage rebuilder must be licensed by the secretary of state under this
chapter before the facility, dealer, or rebuilder may do any of the
following:
(1) Sell a used major component part of a vehicle.
(2) Wreck or dismantle a vehicle for resale of the major
component parts of the vehicle.
(3) Rebuild a wrecked or dismantled vehicle.
(4) Possess more than two (2) inoperable vehicles subject to
registration for more than thirty (30) days.
(5) Engage in the business of storing, disposing, salvaging, or
recycling 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 disposal
facility, a used parts dealer, or an automotive salvage rebuilder must
do the following:
(1) File a completed application, which must be verified by the
secretary of state.
(2) Submit with the application the licensing fee under
IC 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 form
to be used by persons applying for a license under this chapter. The
application must include the following information:
(1) The applicant's name.
(2) The applicant's type of business organization and the
following as appropriate:
(A) If the applicant is a corporation, the name and address of
each officer and director of the corporation.
(B) If the applicant is a sole proprietorship, the name and
address of the sole proprietor.
(C) If the applicant is a partnership, the name and address of
each partner.
(D) If the applicant is an unincorporated association or
similar form of business organization, the name and address
of each member, trustee, or manager.
(3) The applicant's principal place of business.
(4) All places other than the applicant's principal place of
business at which the applicant proposes to conduct any of the
activities set out in section 1 of this chapter.
(5) The types of activities set out in section 1 of this chapter
that 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 for
a twelve (12) month period beginning March 1 and expiring the last
day of February of each year. An initial license may be issued for a
period of less than twelve (12) months, but the license must expire
on the last day of February immediately following the date the
license 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 the
following:
(1) Review all applications submitted under this chapter.
(2) Approve all applications submitted unless any of the
following apply:
(A) The application does not conform with this chapter.
(B) The applicant has made a material misrepresentation on
the application.
(C) The applicant has been guilty of a fraudulent act in
connection with one (1) of the activities specified in section
1 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 chapter
is 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 supplemental
licenses
Sec. 7. If the secretary of state approves an application under this
chapter, the secretary of state shall grant the applicant the following:
(1) An original license for the applicant's principal place of
business.
(2) A supplemental license for each other place of business
listed 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 the
licenses granted under section 7 of this chapter. A license granted
under section 7 of this chapter must include the following
information:
(1) The licensee's name.
(2) The licensee's type of business organization and the
following as appropriate:
(A) If a corporation, the name and address of each officer.
(B) If a sole proprietorship, the name and address of the
proprietor.
(C) If a partnership, the name and address of each managing
partner.
(D) If an unincorporated association or similar form of
business organization, the name and address of the manager
or other chief administrative official.
(3) The licensee's principal place of business.
(4) The place of business to which each supplemental license
applies.
(5) A listing of the types of business activities specified in
section 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 this
chapter 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 of
this chapter, including a violation of a rule adopted under section 12
of 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 the
secretary of state determines are material to the investigation.
Upon a motion by the secretary of state, the court may order a person
that fails to obey a subpoena issued under subdivision (2) to obey the
subpoena.
(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 or
evidence may tend to incriminate the person or subject the person to
a penalty or forfeiture. However, a person that asserts the privilege
against self-incrimination may not be prosecuted or subjected to a
penalty or forfeiture for any matter concerning the person's testimony
or evidence.
(c) Following an investigation under subsection (a), the secretary
of state may, without a hearing, issue orders and notices that the
secretary of state determines to be in the public interest. The
secretary of state may issue an order under this subsection
suspending or revoking the license of a disposal facility, used parts
dealer, or automotive salvage rebuilder only if the secretary of state
determines that any of the following conditions exist:
(1) The licensee made a material misrepresentation on the
license application.
(2) The licensee committed a fraudulent act in connection with
one (1) of the activities specified in section 1 of this chapter.
(3) The licensee committed a material violation of the
recordkeeping requirements of IC 9-22-3-19.
(4) The licensee has violated any other provision of this chapter
or the rules adopted under this chapter by the bureau.
(5) The licensee has committed a violation of a statute
concerning 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 revoked
or suspended.
(d) Upon the entry of an order under subsection (c), the secretary
of 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 hearing
within fifteen (15) business days after receipt of the request.
(e) An order issued under subsection (c) remains in effect until the
secretary 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 may
seek the following remedies against a person that violates, attempts
to violate, or assists in a violation of or an attempt to violate this
chapter:
(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 under
subdivision (3).
(h) In a court proceeding initiated under this section in which
judgment is awarded to the secretary of state, the secretary of state
is entitled to recover the costs and expenses of investigation, and the
court 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 of
license
Sec. 11. If the secretary of state receives a written complaint from
a local zoning body that a disposal facility or automotive salvage
rebuilder subject to this chapter is operating in violation of a local
zoning ordinance, the secretary of state shall delay the issuance or
renewal of the facility's or rebuilder's license until the local zoning
complaints 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 to
carry 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 commits
a 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 the
secretary of state under this chapter as follows:
(1) By an applicant for a license under this chapter, from a final
order of the secretary of state concerning the application.
(2) By a licensee, from a final order of the secretary of state
affecting the licensee's license under this chapter.
(3) By a person against whom a civil penalty is assessed under
section 10(g)(3) of this chapter, from the final order of the
secretary of state assessing the civil penalty.
(4) By a person named as a respondent in an investigation or a
proceeding under section 10 of this chapter, from a final order
of 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 the
appellant resides or maintains a place of business.
(b) A person who seeks to appeal a final order of the secretary of
state under this section must serve the secretary of state with the
following 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 is
sought.
(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 the
secretary 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 the
appellant.
(c) Not later than ten (10) days after the secretary of state is
served with the items described in subsection (b), the secretary of
state shall make, certify, and deliver to the appellant the transcript
described in subsection (b)(2)(A). Not later than five (5) days after
the appellant receives the transcript under this subsection, the
appellant shall file the transcript and a copy of the notice of appeal
with the clerk of the court. The notice of appeal serves as the
appellant's complaint. The secretary of state may appear before the
court, 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 de
novo and shall be given precedence over all matters pending in the
court.
(d) The court shall receive and consider any pertinent oral or
written evidence concerning the order of the secretary of state from
which the appeal is taken. If the order of the secretary of state is
reversed, the court shall in its mandate specifically direct the
secretary of state as to the secretary of state's further action in the
matter. The secretary of state is not barred from revoking or altering
the order for any proper cause that accrues or is discovered after the
order is entered. If the order is affirmed, the appellant may, after
thirty (30) days from the date the order is affirmed, file a new
application for a license under this chapter if the application is not
otherwise barred or limited. During the pendency of the appeal, the
order from which the appeal is taken is not suspended but remains in
effect unless otherwise ordered by the court. An appeal may be taken
from the judgment of the court on the same terms and conditions as
an 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.
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 automotive
salvage rebuilder must be licensed by the secretary of state under this
chapter before the facility, dealer, or rebuilder may do any of the
following:
(1) Sell a used major component part of a vehicle.
(2) Wreck or dismantle a vehicle for resale of the major
component parts of the vehicle.
(3) Rebuild a wrecked or dismantled vehicle.
(4) Possess more than two (2) inoperable vehicles subject to
registration for more than thirty (30) days.
(5) Engage in the business of storing, disposing, salvaging, or
recycling 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 disposal
facility, a used parts dealer, or an automotive salvage rebuilder must
do the following:
(1) File a completed application, which must be verified by the
secretary of state.
(2) Submit with the application the licensing fee under
IC 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 form
to be used by persons applying for a license under this chapter. The
application must include the following information:
(1) The applicant's name.
(2) The applicant's type of business organization and the
following as appropriate:
(A) If the applicant is a corporation, the name and address of
each officer and director of the corporation.
(B) If the applicant is a sole proprietorship, the name and
address of the sole proprietor.
(C) If the applicant is a partnership, the name and address of
each partner.
(D) If the applicant is an unincorporated association or
similar form of business organization, the name and address
of each member, trustee, or manager.
(3) The applicant's principal place of business.
(4) All places other than the applicant's principal place of
business at which the applicant proposes to conduct any of the
activities set out in section 1 of this chapter.
(5) The types of activities set out in section 1 of this chapter
that 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 for
a twelve (12) month period beginning March 1 and expiring the last
day of February of each year. An initial license may be issued for a
period of less than twelve (12) months, but the license must expire
on the last day of February immediately following the date the
license 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 the
following:
(1) Review all applications submitted under this chapter.
(2) Approve all applications submitted unless any of the
following apply:
(A) The application does not conform with this chapter.
(B) The applicant has made a material misrepresentation on
the application.
(C) The applicant has been guilty of a fraudulent act in
connection with one (1) of the activities specified in section
1 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 chapter
is 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 supplemental
licenses
Sec. 7. If the secretary of state approves an application under this
chapter, the secretary of state shall grant the applicant the following:
(1) An original license for the applicant's principal place of
business.
(2) A supplemental license for each other place of business
listed 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 the
licenses granted under section 7 of this chapter. A license granted
under section 7 of this chapter must include the following
information:
(1) The licensee's name.
(2) The licensee's type of business organization and the
following as appropriate:
(A) If a corporation, the name and address of each officer.
(B) If a sole proprietorship, the name and address of the
proprietor.
(C) If a partnership, the name and address of each managing
partner.
(D) If an unincorporated association or similar form of
business organization, the name and address of the manager
or other chief administrative official.
(3) The licensee's principal place of business.
(4) The place of business to which each supplemental license
applies.
(5) A listing of the types of business activities specified in
section 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 this
chapter 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 of
this chapter, including a violation of a rule adopted under section 12
of 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 the
secretary of state determines are material to the investigation.
Upon a motion by the secretary of state, the court may order a person
that fails to obey a subpoena issued under subdivision (2) to obey the
subpoena.
(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 or
evidence may tend to incriminate the person or subject the person to
a penalty or forfeiture. However, a person that asserts the privilege
against self-incrimination may not be prosecuted or subjected to a
penalty or forfeiture for any matter concerning the person's testimony
or evidence.
(c) Following an investigation under subsection (a), the secretary
of state may, without a hearing, issue orders and notices that the
secretary of state determines to be in the public interest. The
secretary of state may issue an order under this subsection
suspending or revoking the license of a disposal facility, used parts
dealer, or automotive salvage rebuilder only if the secretary of state
determines that any of the following conditions exist:
(1) The licensee made a material misrepresentation on the
license application.
(2) The licensee committed a fraudulent act in connection with
one (1) of the activities specified in section 1 of this chapter.
(3) The licensee committed a material violation of the
recordkeeping requirements of IC 9-22-3-19.
(4) The licensee has violated any other provision of this chapter
or the rules adopted under this chapter by the bureau.
(5) The licensee has committed a violation of a statute
concerning 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 revoked
or suspended.
(d) Upon the entry of an order under subsection (c), the secretary
of 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 hearing
within fifteen (15) business days after receipt of the request.
(e) An order issued under subsection (c) remains in effect until the
secretary 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 may
seek the following remedies against a person that violates, attempts
to violate, or assists in a violation of or an attempt to violate this
chapter:
(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 under
subdivision (3).
(h) In a court proceeding initiated under this section in which
judgment is awarded to the secretary of state, the secretary of state
is entitled to recover the costs and expenses of investigation, and the
court 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 of
license
Sec. 11. If the secretary of state receives a written complaint from
a local zoning body that a disposal facility or automotive salvage
rebuilder subject to this chapter is operating in violation of a local
zoning ordinance, the secretary of state shall delay the issuance or
renewal of the facility's or rebuilder's license until the local zoning
complaints 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 to
carry 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 commits
a 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 the
secretary of state under this chapter as follows:
(1) By an applicant for a license under this chapter, from a final
order of the secretary of state concerning the application.
(2) By a licensee, from a final order of the secretary of state
affecting the licensee's license under this chapter.
(3) By a person against whom a civil penalty is assessed under
section 10(g)(3) of this chapter, from the final order of the
secretary of state assessing the civil penalty.
(4) By a person named as a respondent in an investigation or a
proceeding under section 10 of this chapter, from a final order
of 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 the
appellant resides or maintains a place of business.
(b) A person who seeks to appeal a final order of the secretary of
state under this section must serve the secretary of state with the
following 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 is
sought.
(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 the
secretary 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 the
appellant.
(c) Not later than ten (10) days after the secretary of state is
served with the items described in subsection (b), the secretary of
state shall make, certify, and deliver to the appellant the transcript
described in subsection (b)(2)(A). Not later than five (5) days after
the appellant receives the transcript under this subsection, the
appellant shall file the transcript and a copy of the notice of appeal
with the clerk of the court. The notice of appeal serves as the
appellant's complaint. The secretary of state may appear before the
court, 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 de
novo and shall be given precedence over all matters pending in the
court.
(d) The court shall receive and consider any pertinent oral or
written evidence concerning the order of the secretary of state from
which the appeal is taken. If the order of the secretary of state is
reversed, the court shall in its mandate specifically direct the
secretary of state as to the secretary of state's further action in the
matter. The secretary of state is not barred from revoking or altering
the order for any proper cause that accrues or is discovered after the
order is entered. If the order is affirmed, the appellant may, after
thirty (30) days from the date the order is affirmed, file a new
application for a license under this chapter if the application is not
otherwise barred or limited. During the pendency of the appeal, the
order from which the appeal is taken is not suspended but remains in
effect unless otherwise ordered by the court. An appeal may be taken
from the judgment of the court on the same terms and conditions as
an 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.
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 automotive
salvage rebuilder must be licensed by the secretary of state under this
chapter before the facility, dealer, or rebuilder may do any of the
following:
(1) Sell a used major component part of a vehicle.
(2) Wreck or dismantle a vehicle for resale of the major
component parts of the vehicle.
(3) Rebuild a wrecked or dismantled vehicle.
(4) Possess more than two (2) inoperable vehicles subject to
registration for more than thirty (30) days.
(5) Engage in the business of storing, disposing, salvaging, or
recycling 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 disposal
facility, a used parts dealer, or an automotive salvage rebuilder must
do the following:
(1) File a completed application, which must be verified by the
secretary of state.
(2) Submit with the application the licensing fee under
IC 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 form
to be used by persons applying for a license under this chapter. The
application must include the following information:
(1) The applicant's name.
(2) The applicant's type of business organization and the
following as appropriate:
(A) If the applicant is a corporation, the name and address of
each officer and director of the corporation.
(B) If the applicant is a sole proprietorship, the name and
address of the sole proprietor.
(C) If the applicant is a partnership, the name and address of
each partner.
(D) If the applicant is an unincorporated association or
similar form of business organization, the name and address
of each member, trustee, or manager.
(3) The applicant's principal place of business.
(4) All places other than the applicant's principal place of
business at which the applicant proposes to conduct any of the
activities set out in section 1 of this chapter.
(5) The types of activities set out in section 1 of this chapter
that 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 for
a twelve (12) month period beginning March 1 and expiring the last
day of February of each year. An initial license may be issued for a
period of less than twelve (12) months, but the license must expire
on the last day of February immediately following the date the
license 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 the
following:
(1) Review all applications submitted under this chapter.
(2) Approve all applications submitted unless any of the
following apply:
(A) The application does not conform with this chapter.
(B) The applicant has made a material misrepresentation on
the application.
(C) The applicant has been guilty of a fraudulent act in
connection with one (1) of the activities specified in section
1 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 chapter
is 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 supplemental
licenses
Sec. 7. If the secretary of state approves an application under this
chapter, the secretary of state shall grant the applicant the following:
(1) An original license for the applicant's principal place of
business.
(2) A supplemental license for each other place of business
listed 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 the
licenses granted under section 7 of this chapter. A license granted
under section 7 of this chapter must include the following
information:
(1) The licensee's name.
(2) The licensee's type of business organization and the
following as appropriate:
(A) If a corporation, the name and address of each officer.
(B) If a sole proprietorship, the name and address of the
proprietor.
(C) If a partnership, the name and address of each managing
partner.
(D) If an unincorporated association or similar form of
business organization, the name and address of the manager
or other chief administrative official.
(3) The licensee's principal place of business.
(4) The place of business to which each supplemental license
applies.
(5) A listing of the types of business activities specified in
section 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 this
chapter 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 of
this chapter, including a violation of a rule adopted under section 12
of 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 the
secretary of state determines are material to the investigation.
Upon a motion by the secretary of state, the court may order a person
that fails to obey a subpoena issued under subdivision (2) to obey the
subpoena.
(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 or
evidence may tend to incriminate the person or subject the person to
a penalty or forfeiture. However, a person that asserts the privilege
against self-incrimination may not be prosecuted or subjected to a
penalty or forfeiture for any matter concerning the person's testimony
or evidence.
(c) Following an investigation under subsection (a), the secretary
of state may, without a hearing, issue orders and notices that the
secretary of state determines to be in the public interest. The
secretary of state may issue an order under this subsection
suspending or revoking the license of a disposal facility, used parts
dealer, or automotive salvage rebuilder only if the secretary of state
determines that any of the following conditions exist:
(1) The licensee made a material misrepresentation on the
license application.
(2) The licensee committed a fraudulent act in connection with
one (1) of the activities specified in section 1 of this chapter.
(3) The licensee committed a material violation of the
recordkeeping requirements of IC 9-22-3-19.
(4) The licensee has violated any other provision of this chapter
or the rules adopted under this chapter by the bureau.
(5) The licensee has committed a violation of a statute
concerning 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 revoked
or suspended.
(d) Upon the entry of an order under subsection (c), the secretary
of 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 hearing
within fifteen (15) business days after receipt of the request.
(e) An order issued under subsection (c) remains in effect until the
secretary 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 may
seek the following remedies against a person that violates, attempts
to violate, or assists in a violation of or an attempt to violate this
chapter:
(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 under
subdivision (3).
(h) In a court proceeding initiated under this section in which
judgment is awarded to the secretary of state, the secretary of state
is entitled to recover the costs and expenses of investigation, and the
court 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 of
license
Sec. 11. If the secretary of state receives a written complaint from
a local zoning body that a disposal facility or automotive salvage
rebuilder subject to this chapter is operating in violation of a local
zoning ordinance, the secretary of state shall delay the issuance or
renewal of the facility's or rebuilder's license until the local zoning
complaints 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 to
carry 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 commits
a 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 the
secretary of state under this chapter as follows:
(1) By an applicant for a license under this chapter, from a final
order of the secretary of state concerning the application.
(2) By a licensee, from a final order of the secretary of state
affecting the licensee's license under this chapter.
(3) By a person against whom a civil penalty is assessed under
section 10(g)(3) of this chapter, from the final order of the
secretary of state assessing the civil penalty.
(4) By a person named as a respondent in an investigation or a
proceeding under section 10 of this chapter, from a final order
of 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 the
appellant resides or maintains a place of business.
(b) A person who seeks to appeal a final order of the secretary of
state under this section must serve the secretary of state with the
following 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 is
sought.
(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 the
secretary 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 the
appellant.
(c) Not later than ten (10) days after the secretary of state is
served with the items described in subsection (b), the secretary of
state shall make, certify, and deliver to the appellant the transcript
described in subsection (b)(2)(A). Not later than five (5) days after
the appellant receives the transcript under this subsection, the
appellant shall file the transcript and a copy of the notice of appeal
with the clerk of the court. The notice of appeal serves as the
appellant's complaint. The secretary of state may appear before the
court, 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 de
novo and shall be given precedence over all matters pending in the
court.
(d) The court shall receive and consider any pertinent oral or
written evidence concerning the order of the secretary of state from
which the appeal is taken. If the order of the secretary of state is
reversed, the court shall in its mandate specifically direct the
secretary of state as to the secretary of state's further action in the
matter. The secretary of state is not barred from revoking or altering
the order for any proper cause that accrues or is discovered after the
order is entered. If the order is affirmed, the appellant may, after
thirty (30) days from the date the order is affirmed, file a new
application for a license under this chapter if the application is not
otherwise barred or limited. During the pendency of the appeal, the
order from which the appeal is taken is not suspended but remains in
effect unless otherwise ordered by the court. An appeal may be taken
from the judgment of the court on the same terms and conditions as
an 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.
