2022 Indiana Code
Title 9. Motor Vehicles
Article 32. Dealer Services
Chapter 16. Administration and Legal Proceedings
9-32-16-5. Dealers to Provide Staff of Division Access to Dealer's Premises and Records
Sec. 5. (a) All dealers licensed under this article with the division shall, upon request, provide members of the staff of the division prompt access, during reasonable business hours, to that part of the premises at the dealer's place of business where:
(1) documents are stored; or
(2) motor vehicle sales are offered, made, or processed.
(b) The secretary must notify a dealer of a request for access to the dealer's place of business under subsection (a) at least three (3) days before access is needed. However, if the secretary is conducting an investigation under section 14 of this chapter, members of the staff of the division, at any time and without prior notice, may request access to the dealer's place of business under subsection (a).
(c) The following apply to records of a dealer licensed under this article:
(1) The records are subject to such reasonable periodic, special, or other audits or inspections by a representative of the secretary, outside or within Indiana, as the secretary considers necessary or appropriate in the public interest and for the protection of investors.
(2) The secretary may audit or inspect electronic records at any time and without prior notice.
(3) The secretary must notify a dealer of an audit or inspection of the dealer's paper records at least three (3) days before the audit or inspection. However, if the secretary is conducting an investigation under section 14 of this chapter, a representative of the secretary may audit or inspect the dealer's paper records at any time and without prior notice.
(4) A representative of the secretary may copy and remove copies of the records the secretary reasonably considers necessary or appropriate to conduct an audit or inspection.
(5) A representative of the secretary may request electronic copies of records the secretary reasonably considers necessary or appropriate to conduct an audit or inspection.
(6) A:
(A) representative of the secretary may make a request for records under this subsection electronically, by mail, or in person at the established place of business of the dealer during reasonable business hours; and
(B) dealer shall produce such records in the manner requested by the representative of the secretary, including in person, electronically, or by mail.
As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.112; P.L.120-2020, SEC.75.
